Release Management End User License Agreement
Last updated: November 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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No-Charge Products. The Release Management may offer you a time-limited, worldwide, non-exclusive, non-transferable, non-sublicensable limited license for certain Products at no charge, including free accounts, trial use, and access to Beta Versions as defined below (“No-Charge Products”). Your use of No-Charge Products is subject to any additional terms specified by Release Management and is only permitted for the evaluation period designated byRelease by Release Management. After the evaluation period is expired you must abide by the Standard Use rights, or must remove and delete all copies of the Software in your possession. You may not use No-Charge Products for competitive analysis or similar purposes. Release Management may terminate your right to use No-Charge Products at any time and for any reason in its sole discretion, without liability to you. You understand that any pre-release and beta products (“Beta Versions”) are still under development, may be inoperable or incomplete and are likely to contain more errors and bugs than generally available Products. Release Management makes no promises that any Beta Versions will ever be made generally available. In some circumstances, Release Management may charge a fee in order to allow you to access Beta Versions, but the Beta Versions will still remain subject to this paragraph. All information regarding the characteristics, features or performance of Beta Versions constitutes Release Management’s Confidential Information. To the maximum extent permitted by applicable law, Release Management disclaims all obligations or liabilities with respect to No-Charge Products, including any Support Services, warranty, and indemnity obligations.
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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 Data after terminationCustomer Data after termination.
Customer Data is defined as IDs (references) of Jira Projects and User/Group IDs to limit observability and access to Agile/Kanban Boards. Also IDs (references) to Jira standard and custom fields that are used to define columns/swimlanes of Agile/Kanban Boards plus thier values picked up for individual columns/swimlanes. In case User field is used we store Jira UserID (not email). 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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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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