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Release Management’s collection, use, disclosure and handling of your information is done in accordance with Data Processing Addendum (DPA) and Data Security and Privacy Statement (Privacy Policy) that are annexes and integral parts of this EULA.
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The Licensee grants Release Management the right to include the Licensee’s company name, logo, and/or likeness that you provide during registration, and any review that Licensee may provide (in full or in part) to Release Management, within Product promotional material and on Release Management’s web site. Licensee can revoke this right at any time by submitting a written request via email to support@releasemanagement security@releasemanagement.app, requesting to be excluded from future Product promotional material. Requests made after purchasing may take thirty (30) calendar days to process.
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The parties agree that this EULA will be governed by and construed and interpreted in accordance with the laws of Ukraine. Any dispute arising from or relating in any way to this Agreement, or the breach thereof, shall be resolved by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules, except as follows: The number of arbitrators shall be one. The place of arbitration shall be Warsaw, Poland, but telephonic participation may be permitted by the arbitrator. The language of the arbitration shall be English. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Kyiv State Supreme Court of Poland, KyivWarsaw, UkrainePoland. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to this EULA.
21. Severability
If any term of this EULA is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this EULA will remain in full force and effect.
22. No Waiver
No waiver of any right under this EULA will be deemed effective unless contained in writing signed by a duly authorized representative of the party against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future rights arising out of this EULA.
23. Assignment
Licensee may assign this EULA to succeeding parties in the case of a merger, acquisition or change of control; provided, however, that in each case, (a) Release Management is notified in writing within ninety (90) days of such assignment, (b) the assignee agrees to be bound by the terms and conditions contained in this EULA and (c) upon such assignment the assignee makes no further use of the Product(s) licensed under this EULA. Release Management may assign its rights and obligation under this EULA without consent of Licensee. Any permitted assignee shall be bound by the terms and conditions of this EULA.
24. U.S. Government Users
If you are a U.S. Government end user, Release Management is providing the Products to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights granted to you by Release Management for the Products are the same as the rights Release Management customarily grant to others under this EULA.
25. Revisions to EULA
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).
26. Entire Agreement
This EULA constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this EULA by any representations or promises not specifically stated herein. This EULA may not be modified or amended by you without Release Management’s written agreement (which may be withheld in Release Management’s complete discretion).
In the event of a conflict between the terms of this EULA and the terms of any open source licenses applicable to the Software, for the specific terms in conflict the terms of the open source licenses shall control with regard to the Software, or part-thereof.
27. Contact Information
For communications concerning this EULA, please write to support@releasemanagement security@releasemanagement.app
If you have any concerns about Release Management’s data protection practices, the contact details of Release Management’s data protection officer Security & Data Protection Officer are:
Yuri Kudin
ykudin@releasemanagement.app
+380 97 922 76 79
28. Annexes: