Release Management End User License Agreement
Last updated: February 2020October 2022
IMPORTANT! BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS SET FORTH IN THIS END USER LICENSE AGREEMENT (“EULA”). YOU ARE NOT AUTHORIZED TO USE THIS SOFTWARE UNLESS AND UNTIL YOU ACCEPT THE TERMS OF THIS EULA.
1. Acknowledgment
This End User Licence License Agreement (EULA) is a binding legal agreement between Y2 ENGINEERING SP ZO.O., a provider of downloadable and cloud-based applications under the Release Management brand name through the Atlassian Marketplace or any other means that interoperate with applicable products manufactured by Atlassian Pty Ltd (“Atlassian”), and you (either an individual or a single legal entity you represent) whose details are provided to Release Management upon purchase (hereinafter “Licensee” or “you”) for the materials accompanying this EULA, including the accompanying computer software, associated media, printed materials and any “online” or electronic documentation.
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This is a “Publisher EULA” as referred to in the Atlassian Marketplace Terms of Use (https://www.atlassian.com/licensing/marketplace/termsofuse ).
2. Scope of the Agreement
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You may need to register on the Atlassian Marketplace (found here) in order to place orders or access or receive any Products. Any registration information that you provide must be accurate, current and complete. You must also update your information so that Release Management may send notices, statements and other information to you by email or through your account. You are responsible for all actions taken through your accounts.
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Your order through the Atlassian Marketplace or with an authorized Reseller (“Order”) will specify your authorized scope of use for the Products, which may include: (a) the defined number of installations, the number of specific individuals for whom you have paid the required fees and whom you designate through the applicable Product (“Authorised Authorized Users”), the number of authorized servers, the number of unique data set platforms, and/or other defined resource utilization limitations, (b) storage or capacity (for Hosted Services), (c) numbers of licenses, copies or instances (for Software), or (d) other restrictions or billable units (all of the above, as applicable, the “Scope of Use”). The term “Order” also includes any applicable Product or Support Services renewal, or purchases you make to increase or upgrade your Scope of Use. You may increase the number of Authorized Users permitted to access your instance of the Product by placing a new Order or, in some cases, directly through the Product.
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(e) Release Management encourages feedback from its customers. If you have any feedback regarding your purchase or use of the Products, please provide that feedback to Release Management at support@releasemanagement.app.
9. Data Security & Privacy
Release Management’s collection, use, disclosure and handling of your information is done in accordance with its Privacy Policy. The most recent version of the Privacy Policy can be found at Data Security and Privacy Statement. This Privacy Policy also explains the options available to you regarding Release Management’s use of your information and how you can access and update this information.
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(b) On termination, you shall have the choice of having all Personal Information and Customer Data transferred to you or the Personal Information and Customer Data being destroyed in accordance with Release Management’s Privacy Policy, unless legislation imposed upon Release Management prevents it from returning or destroying all or part of the Personal Information and Customer Data. If Release Management cannot return or destroy the Personal Information and Customer Data, it warrants that it will guarantee the confidentiality of the Personal Information and Customer Data and will not actively process the Personal Information and Customer Data after termination.
11. Copyright
(a) The Products and all copies thereof are protected by copyright and other intellectual property laws and treaties. Release Management or its relevant third parties own the title, copyright, and all other intellectual property Customer Data is defined as IDs (references) for Jira Versions, Sprints, Epics, Custom JQLs that we use to define Releases in Release Management, Jira User IDs (references) in case are used as Custom Properties for Releases or to tracking transitions of releases according to workflow, comments for releases. Also IDs (reference) of Jira Projects and User/Group IDs to limit observability and access to Release Boards. Therefore, Customer Data does not include any PII data.
All the above is applicable for Cloud only version only when we store Customer Data on hosting infrustucture owned / managed by Release Management. This is not applicable for Server/Datacenter versions when all the above is sorted on client owned / managed infrustructure.
11. Copyright
(a) The Products and all copies thereof are protected by copyright and other intellectual property laws and treaties. Release Management or its relevant third parties own the title, copyright, and all other intellectual property rights in the Products and all subsequent copies of the Products.
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(e) You retain all right, title and interest in and to any Personal Information or Data that you upload, submit or otherwise transmit to or through the Hosted Services or through Release Management’s online support systems (including https://releasemanagement.atlassian.net/servicedesk/customer/portals) and any other related platforms used to collect customer feedback or to provide support). Subject to the terms of this EULA, you grant Release Management a non-exclusive, worldwide, royalty-free right to (a) collect, use, copy, store, transmit, modify and create derivative works of Your Data, in each case solely to the extent necessary to provide the applicable Hosted Service to you and (b) for Hosted Services that enable you to share Your Data or interact with other people, to distribute and publicly perform and display Your Data as you (or your Authorized Users) direct or enable through the Hosted Service.
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(b) Release Management agrees that in the event that Release Management has access to, either in oral or physical form, Licensee’s confidential or proprietary information, including but not limited to Your Data and information concerning Licensee’s business, products, customers, services, policyholders and/or claimants (“Licensee Confidential Information”), Release Management shall (i) use such Licensee Confidential Information solely for the purpose of this EULA; and (ii) take reasonable precautions, no less than it would take to prevent the disclosure of its own similar Release Management Confidential Information, to ensure that it does not disclose Licensee’s Confidential Information to any third party without first obtaining the other party’s prior written consent.
(c) Notwithstanding the above, Release Management may disclose, and may permit its representatives to disclose, any Licensee Confidential Information (i) to the extent it is required to do so by law or any order or request of any government agency; and (ii) to Release Management’s representatives to the extent required for the purposes of implementing the transactions contemplated by this EULA.
(d) For Licensee Confidential Information that does not constitute trade secrets under applicable law, these confidentiality obligations will expire three (3) years after the termination of the agreement between Release Management and Licensee. The recipient of such Licensee Confidential Information will be responsible for any breach of this section by its employees, representatives and agents. Licensee Confidential Information will not include any information that (i) was independently developed by a party without use of or reference to any Licensee Confidential Information belonging to the other party; (ii) was acquired by either party from a third party having the legal right to furnish same to the other party; or (iii) was at the time in question (whether at disclosure or thereafter) generally known by or available to the public.
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You may not use or otherwise export or re-export any Product(s) except as authorized by United States law and the laws of the jurisdiction in which the Product(s) was obtained. In particular, but without limitation, the Product(s) may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Product(s), you represent and warrant that you are not located in any such country or on any such list.
16. Disclaimer of Warranties
Save as provided in Sections 18 and 19 below, the Products are provided on an “as is” and “as available” basis without warranty, express or implied, of any kind or nature, including, but not limited to, any warranties of performance, merchantability, fitness for a particular purpose, or title. You may have other statutory rights, but the duration of statutorily required warranties, if any, shall be limited to the shortest period permitted by law. Release Management shall not be liable for delays, interruptions, service failures and other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Release Management. To the maximum extent permitted by law, Release Management does not make any representation, warranty or guarantee that: (a) the use of the Products will be secure, timely, uninterrupted or error-free; (b) the Products will operate in combination with any other hardware, software, system, or data; (c) the Products will meet your requirements or expectations; (d) any stored data will be accurate or reliable or that any stored data will not be lost or corrupted; (e) errors or defects will be corrected; or (f) the Products (or any server(s) that make a Hosted Service available) are free of viruses or other harmful components.
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Release Management’s customary business practice is to allow customers to return Software within 30 days of payment for any reason or no reason and to receive a refund of the amount paid for the returned Software. A return means that Release Management will disable the license key that allowed the Software to operate. Release Management will not accept returns after the 30-day return period.
18. Infringement; Indemnification
(a) If you purchase a Standard Use license, and if the Software becomes, or in the opinion of Release Management may become, the subject of a claim of infringement of any third party right, Release Management may, at its option and in its discretion: (i) procure for Licensee the right to use the Software free of any liability; (ii) replace or modify the Software to make it non-infringing; or (iii) refund any license fees paid by you for the current Support Period for that Software.
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Release Management may update, modify or amend (together, “Revise”) this EULA from time to time, including any referenced policies and other documents. If a revision meaningfully reduces your rights, Release Management will use reasonable efforts to notify you by, for example, sending an email to the billing or technical contact you designate in the applicable Order, posting on the Release Management blog, on Atlassian Marketplace (https://marketplace.atlassian.com) or within Release Management’s published product documentation. If Release Management revises this EULA during your term of your license or subscription, the revised version will be effective upon your next renewal of a License Term, Support Services, Hosted Services or Subscription Term, as applicable. In this case, if you object to any revisions, as your exclusive remedy, you may choose not to renew, including cancelling any terms set to auto-renew. With respect to No-Charge Products, accepting the revised EULA is required for you to continue using the No-Charge Products. You may be required to click through the updated EULA to show your acceptance. If you do not agree to the revised EULA after it becomes effective, you will no longer have a right to use No-Charge Products. For the avoidance of doubt, any Order is subject to the version of the EULA in effect at the time of the Order. You may not revise this EULA without Release Management’s written agreement (which may be withheld in Release Management’s complete discretion).
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