CC4 - EULA

SAP Cross Connector for Jira / Solution Manager
Copyright (c) 2021 Cross ALM GmbH

*** END USER LICENSE AGREEMENT ***

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

  1. LICENSE

By installing and/or using SAP Cross Connector for Jira / Solution Manager ("Software"), you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by Cross ALM GmbH your use of SAP Cross Connector for Jira / Solution Manager indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Cross ALM GmbH grants to you a limited, non-exclusive, non-transferable license, without the right to sub-license, to use SAP Cross Connector for Jira / Solution Manager in accordance with this Agreement and any other written agreement with Cross ALM GmbH. Cross ALM GmbH does not transfer the title of SAP Cross Connector for Jira / Solution Manager to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Cross ALM GmbH and the purchasers or users of SAP Cross Connector for Jira / Solution Manager.

The licensing model used by SAP Cross Connector for Jira / Solution Manager uses the payment method for apps provided by Atlassian called: Paid via Atlassian. Therefore, the acquisition of the SAP Cross Connector for Jira / Solution Manager can happen exclusively via Atlassian Market Place.

According to the Atlassian Policies, all apps should be available for a Trial License which expires in 30 days. In these 30 days, you will have a complete solution that has no restrictions. However, after expiration, you won’t be able to use any available feature such as synchronization, configuration screens and any other available resources. After purchasing the license, the tool will be automatically enabled and all features will be available again.

The Purchased License, will give you access to all features and updates available for a specific product, which include, if you are still inside of the maintenance period, support to the tool, bug fixes and access to new versions deployed in the Atlassian Marketplace. However, as soon as the Maintenance License expires, no support will be provided anymore and no new versions of the app should be implemented. If a new version of the product is implemented after the Maintenance License is expired, you will have 30 days from the maintenance expiration day to purchase a new license. In case no new license is acquired, you won’t be able to use any available feature of the SAP Cross Connector for Jira / Solution Manager. As soon as the maintenance license is updated, the connector will be automatically enabled and all features will be one more time available.

The License for SAP Cross Connector for Jira / Solution Manager is sold based on the number of users in your Jira. In other words, if you have the Jira License for 100 users, you must acquire the license of the connector for 100 users. If the number of user mismatch, Atlassian Marketplace will calculate how much should be paid for the new amount of users.

2. DISTRIBUTION

SAP Cross Connector for Jira / Solution Manager and the license herein granted shall not be copied, shared, distributed, re-sold, for re-sale, transferred or sub-licensed in whole or in part.

The distribution of the SAP Cross Connector for Jira / Solution Manager will be provided exclusively via Atlassian. Atlassian apps are governed by Atlassian Marketplace Terms of Use which define the general rules for who is interested in the acquisition of an Atlassian App. This document defines any specifics rules that may be applied specifically for SAP Cross Connector for Jira / Solution Manager. In the event of conflicts between this document and Atlassian Policies, the rules described herein will control and determine the agreement between you and Cross ALM GmbH will be governed.

3. USER AGREEMENT

3.1 Use

Your license to use SAP Cross Connector for Jira / Solution Manager is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of SAP Cross Connector for Jira / Solution Manager.

The purchase of the license should be done in a manner that the license tier matches to the number of users you have for your host product. For instance, if you have 25-user Jira License, you have to acquire the licences of the SAP Cross Connector for Jira / Solution Manager for 25 users. Additionally, you must match the highest application tier licensed for you. For example, if you have a 500-User Jira Software license and a 20-SAP Cross Connector for Jira / Solution Manager license, your Jira apps must be at the 500-User level.

3.2 Use Restrictions

You shall use the SAP Cross Connector for Jira / Solution Manager in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of SAP Cross Connector for Jira / Solution Manager together with material that is pornographic, racist, vulgar, obscene, defamatory, libellous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

The assignment, sublicense, sale or distribution of copies of SAP Cross Connector for Jira / Solution Manager is strictly forbidden without the prior written consent of Cross ALM GmbH. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow or transfer the use of SAP Cross Connector for Jira / Solution Manager. If any other users or company uses SAP Cross Connector for Jira / Solution Manager registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Prohibition of use

You shall not use the SAP Cross Connector for Jira / Solution Manager if Cross ALM GmbH has expressly prohibited you from using the software. This also applies to orders placed via Atlassian Market Place. In this case, the license is available and no contract will be concluded. If you nevertheless use SAP Cross Connector for Jira / Solution Manager you commit a copyright infringement. In the event of unlawful use, the rights holder Cross ALM GmbH is entitled to injunctive relief, information and damages.

3.4 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile SAP Cross Connector for Jira / Solution Manager. Nor can you create any derivative works or other works that are based upon or derived from SAP Cross Connector for Jira / Solution Manager in whole or in part.

Cross ALM GmbH's name, logo and graphics file that represents SAP Cross Connector for Jira / Solution Manager shall not be used in any way to promote products developed with SAP Cross Connector for Jira / Solution Manager. Cross ALM GmbH retains sole and exclusive ownership of all right, title and interest in and to SAP Cross Connector for Jira / Solution Manager and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of SAP Cross Connector for Jira / Solution Manager, products and services. 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 described herein. All rights not expressly granted hereunder are reserved for Cross ALM GmbH.

3.5 Limitation of Responsibility

You will indemnify, hold harmless, and defend Cross ALM GmbH, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Cross ALM GmbH's Software.

In no event (including, without limitation, in the event of negligence) will Cross ALM GmbH, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, SAP Cross Connector for Jira / Solution Manager or the use or inability to use SAP Cross Connector for Jira / Solution Manager or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Cross ALM GmbH's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Cross ALM GmbH ).

3.6 Warranties

Except as expressly stated in writing, Cross ALM GmbH makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.7 Governing Law

This Agreement shall be governed by the law of Berlin (Germany) applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Germany therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.8 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 SAP Cross Connector for Jira / Solution Manager. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE IS SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY SAP Cross Connector for Jira / Solution Manager AS WELL.

5. CONSENT OF USE OF DATA

You agree that Cross ALM GmbH, in accordance with the definitions of the Privacy Policy, may collect and use information gathered in any manner as part of the product support services provided to you. Cross ALM GmbH may also use this information to provide notices to you which may be of use or interest to you.

6. CONTACT DETAILS

  • Address:
    Cross ALM GmbH
    Helmholtzstraße 2-9
    10587 Berlin

  • Email:
    solutions@crossalm.com

  • Phone / Fax:
    (Phone) +49 30 398 36 112
    (Fax) +49 30 398 36 111