For apps distributed through Atlassian Marketplace
2. Scope of license
The App is licensed, not sold. Subject to the Terms, Kantega hereby grants Licensee a worldwide, limited, non-exclusive and non-transferable license to download, install and use the App for the agreed number of users (“the License”). The Terms will govern any upgrades provided by Kantega that replace or supplement the App.
The App can be hosted through an Atlassian server or data center product. The License period is:
Perpetual if you choose to host through a server. However, maintenance (support and version update) agreements must be renewed annually unless a longer period is agreed upon.
One (1) year from the date of purchase if you choose to host through a data center unless a longer period is agreed upon.
The License is based on an annual or semi-annual subscription fee based on the number of users of the App. A “user” is a natural person. Payment is to be made through Atlassian Marketplace and is subject to the terms of payment communicated on Atlassian Marketplace.
4. Limitation of rights
Licensee may not:
a) transfer, share or sub-lease the License to any other party;
b) give, lease, license, sell, copy, rent, publish, transfer, or distribute the App to any third party, except as expressly permitted by the Terms;
c) give any other individual or third party the right to use the App in place of the Licensee;
d) attempt to disassemble, reverse engineer the App, or otherwise seek to obtain source code or underlying ideas related to the App;
e) make alterations to, or modifications of, the whole or any part of the App;
f) make any attempt to create derivative works from the App;
g) change or remove any intellectual property right notices which appear in the App.
5. Intellectual Property Rights
Kantega holds, as between the parties, all rights in the App, including all copyright and other intellectual property rights (collectively, “IPR”).
Licensee acknowledge that Kantega’s trademark may not be copied, imitated or used, in whole or in part, without the prior written permission of Kantega.
Kantega retains all IPR in the App. Nothing in the Terms shall be understood as a transfer of IPR. All rights not expressly granted is reserved by Kantega.
6. Data privacy
7. Functionality, updates and support
Licensee is responsible for downloading and installing the App, and its compatibility with Licensee´s hardware, software, services and systems.
Any updates and upgrades released during the License Period will be made available for Licensee. You are strongly advised to download and use the latest version of the App in order to get the best possible functionality and security.
Licensee grants Kantega the right to mention Licensee as its customer when promoting the App.
9. No warranty
Licensee acknowledge that Kantega does not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the App for any particular purpose. Licensee further acknowledge that the App, as any other software, may contain errors. Kantega will use reasonable effort to correct errors, but cannot guarantee that all errors will be corrected or at what time. Licensee must report errors continuously and within reasonable time, to Kantega.
10. Limitation of liability
Kantegas liability is in any event limited to the equivalent of one year of subscription fees payed by Licensee.
Kantega will not be liable for any indirect, incidental, special or punitive damages, such as loss of data, profits, sales, anticipated savings, business opportunity, goodwill; business interruption; or other consequential loss or damage.
Kantega agrees to indemnify and hold you harmless from any awarded damages (including reasonable attorneys' fees) related to any third party claims of infringement of IPR arising out of or related to your use of the App, provided that Kantega:
(a) is notified in writing as soon as you are made aware of any claim,
(b) is allowed to handle the claim and all communications with the claimant, with your reasonable assistance, and
(c) allowed to cure any defects in title, by ensuring to the fullest possible extent that you are able to use the App as agreed, without infringing any third party IPR.
The above indemnification does not apply to other cost than cost caused by defect in title.
The provisions regarding limitation of liability in section 10 shall apply.
Kantega shall have no obligations with respect to any infringement claims if the infringement claim results from (i) any unauthorised modifications of the App by Licensee or its helpers, not in compliance with the Terms or (ii) any other unauthorised acts or omissions of Licensee or any third party acting on its behalf.
Breach of the License Agreement entitles the aggrieved party to terminate the License Agreement, if not cured within 30 days of written notice.
Material breach of the License Agreement entitles the aggrieved party to cancel with immediate effect, and seek damages to the extent recoverable under sec. 10.
If Licensee terminates the License Agreement before a License period is over, license fee that is already paid will not be reimbursed.
Upon Kantega´s termination of the License Agreement due to Licensee´s breach of it, license fee that is already paid will not be reimbursed and any outstanding license fee is due immediately.
Upon termination all rights granted under the License Agreement shall cease and Licensee´s use of the App must cease. Licensee must delete the App from all devices.
13. Force majeure
The parties are not liable for any loss or damage due to reason of force majeure. Force majeure shall be deemed to be circumstances beyond the control of the party, such as statutory restraints, decisions by a court of law or a governmental agency, perils of the sea or air; fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion, shortage of supplies, equipment, materials, breakdown of equipment and labor disputes.
14. Choice of law and jurisdiction
Any dispute arising from the Terms is governed by Norwegian law, and shall be settled by the City Court of Oslo, Norway as exclusive legal venue.