The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

END USER LICENSE AGREEMENT

This End User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, herein referred to as "you" or "CUSTOMER") and Eisoft (herein referred to as "AUTHOR") with regards to the Gadget Utilities for JIRA (herein referred to as "SOFTWARE PRODUCT" or "SOFTWARE") provided with this EULA. The SOFTWARE PRODUCT includes computer software, the associated media, any printed materials, and any "online" or electronic documentation. Use of the SOFTWARE or any related documentation provided to you by AUTHOR in whatever form or media will constitute your acceptance of these terms, unless separate terms are provided by the software supplier, in which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not download, install, copy or use the SOFTWARE. By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.

1.LICENSE GRANT

The Software is licensed, not sold. Any rights not clearly and expressly granted to you under this EULA remain with the AUTHOR. You can possess only one license to the SOFTWARE at a time, which states the maximum number of users (herein referred to as USERS NUMBER), and which, provided you have paid all applicable fees and complied with this EULA, gives you a personal, non-transferable and non-exclusive right to install the SOFTWARE on a number of computers which is less than or equals to the USERS NUMBER and have it used by a number of users which is as well less than or equal to the USERS NUMBER, providing all the users are your employees if you are a legal entity or yourself if you are a person. You need to obtain a new license (upgrade a license) in order to increase the USERS NUMBER, which automatically terminates the current license.

2.COPYRIGHT

You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of the AUTHOR and/or its suppliers, and you will not acquire any rights to the SOFTWARE, except as expressly set forth above. Making unauthorized copies is prohibited by law. No part of the software or documentation may be reproduced, transmitted, transcribed, stored in a retrieval system or translated into any human or computer language without prior written permission.

3.REVERSE ENGINEERING

You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of all licenses you own and the reversion of the rights granted hereunder to the AUTHOR.

4.DISCLAIMER OF WARRANTY

The Software is provided "AS IS" without warranty of any kind. The AUTHOR and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. Neither the AUTHOR nor its supplier’s warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. The AUTHOR is not obligated to provide any updates to the software.

5.LIMITATION OF LIABILITY

The AUTHOR entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the SOFTWARE, if any. In no event, shall the AUTHOR or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use the SOFTWARE, even if the AUTHOR has been advised of the possibility of such damages, or any claim by a third party.

6.RENTAL

You may not loan, rent, or lease the SOFTWARE.

7.TERMINATION

All the licenses you own will terminate automatically if you fail to comply with the terms, conditions, or limitations contained in this EULA, including the payment of applicable license or other fees. On termination, you shall destroy all copies of the Software and documentation you possess. Otherwise, this EULA shall remain in force until terminated. You may terminate this EULA at any time by destroying all copies of the SOFTWARE, deleting any copies of the SOFTWARE from your computers, ceasing all use of the SOFTWARE and documentation. The disclaimer of warranty and limitations on liability contained in the sections 4 and 5 shall continue in force even after your rights to use the SOFTWARE are terminated.

8.MARKETING

Unless the AUTHOR is advised otherwise by you in writing, it may refer to you as to its customer and a customer of the SOFTWARE in its marketing materials and on its web site. The references may be made by name, trade name and trademark, logo and by briefly describing your business.

9.EVALUATION MODE

You may use the SOFTWARE in the "Evaluation" mode with limited functionality without acquiring a license solely to determine whether to purchase a license to the Software. You may make a reasonable number of copies of the Evaluation version of the SOFTWARE, including documentation, for internal distribution, provided that any such copies are unmodified and exact. You shall not charge or request donations for any such copies and distribute Demo or Evaluation versions of the Software to third parties without prior written permission. Unlicensed use of the fully functioning SOFTWARE violates the AUTHOR's rights, as described above. The Evaluation version is provided strictly on an "as is" basis and is subject to the sections 4 and 5, above.