Version 1.0 – February 2024

Preamble

This EULA ("Agreement") constitutes a legal Agreement between you ("User") and Drouhard AC ("Drouhard AC") and acts as a supplement to the terms of use of the Atlassian Marketplace. It governs the User's download and/or use of any of Drouhard AC's apps in the Atlassian Marketplace ("Marketplace Product"), including any update or upgrade to it. Unless otherwise indicated, the Software is property of Drouhard AC. By accessing or using the Software, the User signifies that he/she has read, understands, and agrees to be legally bound by this Agreement.

Drouhard AC reserves the right to update or modify this Agreement at any time without further notice. Your continued use of the Software after any changes constitutes your acceptance of the Agreement. If Drouhard AC modifies the Agreement during the User’s license or subscription term, the modified version will be effective upon the User’s next renewal of the license or subscription term, as applicable. In this case, if the User objects to the updated Agreement, the User may choose not to renew.

Overview

This document is compiled to address the users that are bound to follow the legal terms if they are assessing or using the Marketplace Product. Drouhard AC assures to follow all the cyber laws, privacy policy including export & re-export control laws & regulations and data privacy laws and after reading these regulations you are conformed to entail these legislations as well. If you are not strictly following these lawful conditions, then you must stop using the Marketplace Product immediately.

Drouhard AC has the authority to review or make alterations in the services or functions of the Software as long as we are compliant with the GDPR regulations without prior notice.

Marketplace Product Licence

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

There are two types of our Marketplace Products available on the Atlassian Marketplace:

• Free Marketplace Products – some of our Marketplace Products are made available at no charge. You can use it for free, no registration required.

• Paid Marketplace Products – some of our Marketplace Products are free for the trial period only. After the end of this period, fees are applicable in accordance with the Atlassian Marketplace Terms of Use. The amount of the fees is specified in the price list posted on the Marketplace.

You are expressly prohibited from modifying, merging, selling, or leasing in any matter, the Marketplace Product or any portion thereof.

Unless you have a different license agreement signed by Drouhard AC your use of the Marketplace Product indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Drouhard AC grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use the Marketplace Product in accordance with this Agreement and any other written agreement with Drouhard AC.

If you do not agree to be bound by this agreement, remove the Marketplace Product from all of your Atlassian Jira sites.

Copyright

The Marketplace Product content cannot be copied, recreated, posted, or published to create derivative material without Drouhard AC’s written permissions and consent to get access to any of the webpage content related to the site for your professional use, personal use, or non-commercial usage. Additionally, you cannot use the content copy to generate any derivative work without our consent or prior approval. Nonetheless, the lawful agreement remains the same for any downloads, accesses, or any associated usage from the Marketplace Product under propriety rights. All the notices and permission will be granted on the mentioned agreements. If you fail to comply with the legal instructions and notices stated on this web page, we reserve the rights to dismiss all the permissions granted to you without any notification. Following the user right termination policy, you must delete or remove all the downloads or any content copy under your control. After that, you won’t be able to see or confront any sort of content from the Marketplace Product.

Ownership

The Marketplace Product is licensed, not sold, and no ownership right is conveyed to you, irrespective of the use of terms in this EULA such as “purchase” or “sale”.

The Marketplace Product contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile the Marketplace Product. Nor can you create any derivative works or other works that are based upon or derived from the Software in whole or in part. Drouhard AC’s name, logo and graphics file that represents the Marketplace Product shall not be used in any way to promote products developed with the Marketplace Product. Drouhard AC retains sole and exclusive ownership of all right, title and interest in and to the Marketplace Product and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of the Marketplace Product. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Drouhard AC.

Limited Warranties

The use of the Software constitutes the User's agreement to defend, indemnify, and hold harmless Drouhard AC and his respective employees, contractors, officers, directors, licensees (excluding the User), sublicensees, successors and assigns from and against any actions, claims, demands, liability and expenses, including reasonable attorneys fees, arising out of (i) the User's breach of any of this Agreement; (ii) the User's use or misuse of the Software, or (iii) the use or misuse of the Software by a third party using it.

Liability for Damages

In no event shall the owner of this Marketplace Product be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the owner of this Marketplace Product has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Marketplace Product and destroy all copies of the Software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

These terms may terminate upon the expiry of the Subscription Licence, the expiry of the Evaluation Period, or the uninstallation of a free license or termination.

We may terminate these Terms if you materially breach these Terms or any other agreement you have entered into with us. Specifically, a material breach occurs if you fail to timely pay our fees when they become due and owing to us, if you materially interfere with our system by failing to use the designated user interface elements for accessing data and non-UI access in accordance with applicable documentation, and if you attempt to access all of your data simultaneously from our servers. If it is determined that you have caused a material breach, we will, in our sole discretion, temporarily deny you access to the Marketplace Product so that we can protect our system and our other customers. If we terminate these Terms for cause, we will give you ten (10) day’s written notice, after which time the Terms will automatically terminate. Upon termination of these Terms, you will cease all use of the Marketplace Product and reasonably cooperate with: (a) remove, uninstall or disable all copies of the Marketplace Product; and (b) satisfy any financial obligations you have to us. If you terminate these Terms for cause, or if we terminate these Terms for cause, you will not be entitled to a refund of any portion of the fees you have paid to us.

Governing Law

In the event of any controversy or claim arising out of or relating to this Agreement, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties within a period of 60 days (“Dispute Resolution”).

This Agreement will be governed by and construed in accordance with the applicable laws of France without giving effect to the principles of that State relating to conflicts of laws. Each party irrevocably agrees that any legal action, suit or proceeding that is not otherwise subject to the arbitration provisions of Dispute Resolution must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of the State or Court in France and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in France generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party. Notwithstanding the foregoing, Licensor may bring a claim for equitable relief in any court with proper jurisdiction.