If you fall into the Standard Use category describe above, and you have not previously paid the license fee for the Software, then you must pay the license fee within the period indicated in the applicable Invoice issue by the Licensor or as otherwise provided in Licensor’s pricing terms as published on the Atlassian Marketplace. Failure to pay any license fees by the due date will result in the immediate termination of the license(s) granted under this EULA.

If you fall into the Standard Use category describe above, Licensor may, from time to time, during the Support Period, modify or upgrade the Software. When accepted by you, any such modified code or upgrades to the Software will be considered part of the Software and subject to the terms of this EULA.

From time to time, you may choose to submit comments, information, questions, data, ideas, description of processes, or other information to Licensor, or in the course of receiving Support and Maintenance (”Feedback”). The Licensor may in connection with any of its Software or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No Feedback will be considered your Confidential Information, and nothing in this Agreement limits Licensor’s right to independently use, develop, evaluate, or market Software, whether incorporating Feedback or otherwise.

You may terminate your license to the Software at any time by destroying all your copies of the Software. Your license to the Software shall automatically terminates if you fail to comply with the terms of this EULA. Upon termination of your license, you are required to remove all Software from your computer systems and destroy any copies of the Software in your possession.

a) The Software and all copies thereof are protected by copyright and other intellectual property laws and treaties. The Licensor or its relevant third parties own the title, copyright, and all other intellectual property rights in the Software and all subsequent copies of the Software.

b) All title and copyrights in and to the Software (including but not limited to any images, icons, text files, pdfs or other static non-code assets contained within the Software), the accompanying printed materials, and any copies of the Software, are owned by the Licensor or its suppliers. This EULA does not grant you any rights to use such content. If the Software contain documentation that is provided only in electronic form, you may print one copy of such electronic documentation. Except for any copies of this EULA, you may not copy the printed materials accompanying the Software.

c) Other than as allowed by this EULA, you may not reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies of, create derivative works from, distribute or provide non-authorized users with access to the Software.

d) You may not copy or embed elements of the Source Code into other applications, or publish, transmit or communicate the Source Code to other parties other than yourself or the entity you represent.

The Licensee grants the Licensor 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 Licensor, within Software promotional material and on Licensor’s web site. Licensee can revoke this right at any time by submitting a written request via email to support@bunneyapps.com, requesting to be excluded from future Software promotional material. Requests made may take thirty (30) calendar days to process.

You may not use or otherwise export or re-export any Software(s) except as authorized by United States law and the laws of the jurisdiction in which the Software(s) was obtained. In particular, but without limitation, the Software(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 Software(s), you represent and warrant that you are not located in any such country or on any such list.

Save as provided in Sections 12 and 13 below, the Software is 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. The Licensor 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 Licensor. To the maximum extent permitted by law, the Licensor does not make any representation, warranty or guarantee that the Software will be secure or error-free; the Software will meet your requirements or expectations; and that errors or defects will be corrected.

a) If you purchase a Standard Use license, and if the Software becomes, or in the opinion of the Licensor may become, the subject of a claim of infringement of any third party right, the Licensor 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.

b) Licensee will defend or settle, at Licensee’s expense, any action brought against the Licensor based upon the claim that any modifications to the Software or combination of the Software with other, third-party, Software infringes or violates any third party right, and only to the extent that such modification or combination contributes to such claim; provided, however, that: (i) the Licensor shall notify Licensee promptly in writing of any such claim; (ii) the Licensor shall not enter into any settlement or compromise any such claim without Licensee’s prior written consent; (iii) Licensee shall have sole control of any such action and settlement negotiations; and (iv) the Licensor shall provide Licensee with information and reasonable assistance, at Licensee’s request and expense, necessary to settle or defend such claim. Licensee agrees to pay all damages and costs finally awarded against the Licensor attributable to such claim.​

c) Licensee agrees to indemnify and hold Licensor, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs), arising out of Licensee’s use of the Software, or Licensee’s violation of the EULA or any rights of a third party.

d) The Licensor assumes no liability hereunder for, and shall have no obligation to defend Licensee or to pay costs, damages or attorney’s fees for, any claim based upon any modifications to any of the Software not approved by the Licensor, and only to the extent that such modification contributes to such claim.

a) Except for the indemnification obligations of Section 12 or breach of Sections 3 or 8, neither party will be liable to any person, with respect to any loss, damage, cost, expense or other claim, for any consequential, direct, indirect, special, punitive or other damages in relation to the Software including, without limitation: (i) any use or reliance on a Software by the person (including the form and content of errors in and/or omissions from any information contained in the Software); (ii) any delay, interruption or other failure in the provision of a Software; or (iii) any change in the form or content of a Software.

b) In no event will Licensor’s aggregate liability under any claims arising out of this EULA exceed the fees paid by you for the current Support Period, except where not permitted by applicable law, in which case Licensor’s liability shall be limited to the maximum extent allowed by such applicable law.

c) Except for each party’s indemnification obligations or breach of Sections 3 or 8, neither party will be liable for lost profits or for special, indirect, incidental or consequential damages, regardless of the form of action, even if such party is advised of the possibility of such damages. The foregoing liability limitations shall apply to the maximum extent allowed by applicable law. To the extent the foregoing liability limitations or the warranty disclaimers of Section 10 are not allowed by applicable law, then the liability of Licensor, and the remedy of Licensee, shall be limited to: (i) the re-supply of any defective Software; or (ii) the refund of the license fees paid by you for the current Support Period for such defective Software.

The parties agree that this EULA will be governed by and construed and interpreted in accordance with the laws of the State of Queensland, Australia. The parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the federal court of Australia and state courts of Queensland, Australia. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to this EULA.

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.

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.

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, (i) the Licensor is notified in writing within ninety (90) days of such assignment, (ii) the assignee agrees to be bound by the terms and conditions contained in this EULA and (iii) upon such assignment the assignee makes no further use of the Software(s) licensed under this EULA. The Licensor 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.

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 Licensor’s written agreement (which may be withheld in Licensor’s complete discretion).

For communications concerning this EULA, please write to support@bunneyapps.com.