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End User License Agreement

This End User License Agreement (EULA) is a legal agreement between you (“End User”, “You”, “Your company” or “Licensee”) and QC Analytics PC (“QC Analytics”, “We”), the developer of QC Documents for Confluence Cloud, QC Read & Understood for Confluence Cloud, and QC Status for Confluence Cloud apps (“Products”, “QC Apps”, “Apps”).

By installing, downloading, or otherwise using any of the Products provided by QC Analytics, you, and as the case may be, the entity or company that you represent, are agreeing to be bound by this End User License Agreement and QC Analytics’ Privacy Policy available at Privacy Policy – QC Analytics Support Site. The End User License Agreement and the Privacy Policy are collectively referred to as the “Agreement”.

If you do not agree to the terms of this Agreement, do not install or attempt to use any of the Products.

Licensed Products

  1. The Products include all 5 QC Apps provided by QC Analytics PC, through the online Atlassian marketplace (the “Atlassian Marketplace”), operated by Atlassian.
  2. By installing, downloading, or otherwise using any of QC Analytics’s Products from the Atlassian Marketplace you agree to be bound by the Atlassian Marketplace Terms and Conditions and to the payment terms listed by QC Analytics on the Product’s page.
  3. In providing the Products, QC Analytics may also provide services provided by third parties (“Third Party Products”).
  4. The End User’s procurement or use of any Third-Party Products is regulated under separate agreements between the End User and the relevant third party. QC Analytics is not responsible for any Third-Party Products.

All products and content created by QC Analytics PC are protected by intellectual property and proprietary rights laws. The use of this content without the authorization of QC Analytics is against this Agreement.

The user-generated content is owned by the user who created the content.

The Products are made available on a limited license or access basis, and no ownership right is conveyed to you. You may choose to provide feedback about the product: comments, information, questions, ideas, feature requests, including in the course of receiving support and maintenance. QC Analytics may use, copy, disclose, license, distribute and exploit your feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. You may provide such feedback by accessing our support desk through https://qc-analytics.atlassian.net/servicedesk/customer/portals.

License

QC Analytics relies on the Atlassian Marketplace rules and policies on pricing, evaluation periods and agreements for its Cloud Products.

  1. Activation: To use any of the Products, you must activate them. You can activate a Product by inputting a license key.
  2. Evaluation/Free License: by receiving an evaluation license key for a Product, QC Analytics grants you a one-time license to use the Product as received at the time of download or installation. The free license expires thirty (30) days after the initial activation by the End User, and it is not a transfer of title. Such licenses are extendable according to the applicable rules in the Atlassian Marketplace.
  3. Under any of the Licenses, You may not and shall not, without QC Analytics’s express written authorization:
    1. transfer any of the Licenses,
    2. remove any copyright or other proprietary notations from the Products,
    3. distribute the Products for any purpose, including, without limitation, compile an internal database of, redistribute, or reproduce the Products in any form,
    4. create derivative works of, reverse engineer, the Products in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, or
    5. permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of QC Analytics or its licensors or allow any third party to access the Products.
  4. The End User may submit a request to transfer any of the Licenses by email to support@qc-analytics.com. QC Analytics is not obligated to grant any such request, and may deny any such request for any reason.

End User’s Use of Products

  1. The End User is solely and exclusively liable for:
    1. all information and/or data they post, upload, transmit, process, disseminate or otherwise share with others by using the Products,
    2. informing authorized users of the contents of the Agreement,
    3. the results which are achieved by the End User’s use of the Products,
    4. any loss, damage, or expense due to incompatibilities between the Products or their updates and third party products installed or used by the End User,
    5. any other issues that may arise from the interaction of the Products with third party or similar products,
    6. any damage or liability to any party resulting from the End User’s use of the Products, and
    7. any unauthorized use of the Products.
  2. The End User shall not:
    1. use the Products in any way or for any purpose that violates this Agreement, any applicable law or regulation, including but not limited to privacy rights and export laws, any right of QC Analytics or any third party, including but not limited to intellectual property rights,
    2. copy, or otherwise reproduce or re-sell any source or object code made available as part of the Products to any third party
    3. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Products or attempt to do any such thing,
    4. interfere with or disrupt the Products,
    5. rent, lease, loan or provide any other party access to the Products without QC Analytics’s pre-approval in writing, or
    6. abuse the QC Apps or use them for any unlawful or unauthorised purpose (which includes transmitting any computer viruses or other malware through the QC Apps, or using the Products in a manner which is discriminatory, offensive, abusive, malicious, defamatory or otherwise violates or infringes the rights of anyone else).
  3. The End User is responsible for ensuring they have and maintain all the hardware and software necessary to access, receive and view the Products.
  4. The End User is obliged to not use the Products to develop or provide an app which competes with the QC Apps, directly or indirectly.
  5. The End User shall acknowledge they have no right to have access to the Products in source-code form.
  6. The End User shall agree they shall co-operate with QC Analytics in all matters relating to the Services and shall comply with all technology control or export laws and regulations that apply to the technology used or supported by the Apps.

Third Party Software

  1. The Products may contain software licensed to QC Analytics from third parties, including software licensed under open source licenses (“Third Party Software”). Additional obligations may apply to the use of Third-Party Software outside of the Licenses granted under this Agreement. In these situations, you must contact and consult the appropriate third party to obtain any necessary licenses and consents related to your use of the Third-Party Software.
  2. The Products may use services provided by third parties (e.g. Mailjet). These third parties may temporarily or permanently suspend, discontinue or fail to deliver the services required for the proper functionality of the Products. QC Analytics shall not be liable for the consequences of such actions by such third parties regarding the functionality and operation of the product, whether as a result of a breach or termination by any party.

Trial Periods

The following terms shall apply for the QC Apps:

  1. Unless otherwise terminated or cancelled in accordance with these Terms or unless otherwise specified in your Order, your Subscription will last for a period of one month (the “Trial Period”). Your subscription will automatically renew at the end of the Trial Period for a further period of one month and shall continue to renew for successive periods of one month (“Renewal Period”). For example, if you Subscribe on 11 February, the Trial Period is from 11 February to 10 March and Renewal Periods shall run from the 11th of one month to the 10th of the next month.
  2. You may cancel your Subscription by logging into the Confluence Cloud instance in which the Products are installed and uninstalling them, or by:
    1. emailing us at: support@qc-analytics.com
    2. sending us a chat message through our website
    3. raising a Service Desk ticket through https://qc-analytics.atlassian.net/servicedesk/customer/portals.. Your Subscription will be cancelled from the end of the Trial Period or Renewal Period (as applicable) during which you cancelled your Subscription.
  3. Provided that you have paid the Charges for the period between you notifying us that you wish to cancel your Subscription and the cancellation taking effect, you will continue to have access to the Products for that period.

Extended Trial Periods – Free Trials

From time to time, we may offer free trials of Subscriptions for a specified period of time (“Free Trial”). We may determine your eligibility for a Free Trial, and withdraw or modify a Free Trial at any time.

You may request a Free Trial by:

  1. emailing us at: support@qc-analytics.com
  2. sending us a chat message through our website
  3. raising a Service Desk ticket through https://qc-analytics.atlassian.net/servicedesk/customer/portals.

Suspension and termination by us

We may terminate your Subscription at any time with immediate effect without refunding or compensating you by giving written notice to you if we get notified from Atlassian that:

  1. your use of Atlassian products or services is not in accordance with Atlassian’s terms, or
  2. you are otherwise in breach of the applicable Atlassian terms.

We may also terminate your Subscription if:

  1. You fail to pay any amount due under these Terms on the due date for payment,
  2. You breach any material term of these Terms and fail to remedy such breach (if remediable) within seven days of notice by us to you, and we shall suspend access to the Products until the earlier of:
    1. such breach being remedied to our reasonable satisfaction, and
    2. termination of these Terms by us, or
  3. We reasonably believe that your use of the Products is infringing or is likely to infringe any third party rights or you are in any other way committing criminal activity in the use of the Products.

We may also suspend or terminate your Subscription at any time with immediate effect if we cannot provide the Products to you due to technical or operational reasons outside of our control. In these circumstances, we shall refund you, on a pro rata basis, the Charges paid by you that are for the portion of your Subscription:

  1. if suspended, during such suspension period, and
  2. if terminated, remaining after termination of your Subscription occurs.

Consequences of Termination

On expiry or termination of your Subscription for any reason:

  1. You shall immediately pay to us all outstanding unpaid Charges, unless it is contrary to these Terms,
  2. Your access to the Services will be revoked, and
  3. The granted licence will cease.

We shall refund you within 30 days of the cancellation date.

The provisions of these Terms, expressly or implicitly, intended to be effective at or after termination, or to remain valid, shall remain in full force.

Data Survival uppon Termination

In case of your Subscription being terminated by Us for any of the reasons referred in Suspension and termination by us, we shall remove your data from the Apps.

On expiry or termination of your subscription for any reason, we shall remove your data from the Apps after a reasonable time has passed.

The rights and obligations under this Agreement, including but not limited to the indemnification and limitation of the liability clause set forth in this Agreement, are by their nature intended to survive termination or expiration of this Agreement and shall remain in full effect after its termination or expiration.

Intellectual Property Rights

We grant to you a non-transferable, non-exclusive, revocable licence to use the Products in accordance with your Subscription Type, provided that you comply with these Terms and the documents referred to in them.  You may download, install and use the Products in accordance with your Subscription Type. We reserve all other rights. You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms.

In the case you are a Consumer, you must not use the Products (or any part of them or their content) for commercial purposes; however, you may download material from the Products solely for non-commercial, personal use.

In the case you are a Business User, you may only use the Apps for your internal business purposes, or external business purposes which do not involve charging for the use of the Apps.

We, or our content providers, are the owners or licence holders of the Intellectual Property Rights in the Products. You acknowledge and agree that nothing in these Terms or in an Order shall be construed so as to transfer any Intellectual Property Rights in the Products to you.

No part of the Apps, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.

The Apps may contain links to third party websites. You are responsible for deciding whether to access a third party website and your use of third party websites will be governed by the terms of that third party website. We have no responsibility for any aspect of third party websites.

Governing Law and Jurisdiction

Your access and use of the Products shall be governed by and interpreted in accordance with the laws of Greece and disputes shall be subject to the exclusive jurisdiction of the Greek courts.

Support

  1. QC Analytics provides online technical support for any Product the End User has purchased maintenance for through the Atlassian Marketplace, during the purchased maintenance period.
  2. You may request support by:
    1. emailing us at: support@qc-analytics.com
    2. sending us a chat message through our website
    3. raising a Service Desk ticket through https://qc-analytics.atlassian.net/servicedesk/customer/portals.

Disclaimer and Limitation of Liability

  1. THE GOODS AND SERVICES PROVIDED FROM OR THROUGH OUR PRODUCTS ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PRODUCTS MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. FURTHER, QC ANALYTICS HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY OF THE PRODUCTS. THEREOF, QC ANALYTICS IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. The Products may not be appropriate under the circumstances for any particular subject. No statements or warranties are made as to the effectiveness, completeness, adequacy, reliability, suitability, accuracy, correctness or applicability of any of the Products in a particular situation.
  3. All responsibility or liability for damages caused by the Products, including but not limited to damages caused by computer viruses or other malicious code contained within the Products is disclaimed.