End User License Agreement

Owned by Anna Konieczna
Last updated: Sept 24, 2024
14 min read

  1. General Provisions

This End User License Agreement (hereinafter referred to as “EULA”) is a binding legal agreement between COIG S. A. with its registered office in Katowice, ul. Mikołowska 100, 40-065 Katowice, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court of Katowice-Wschód 8th Commercial Division of the National Court Reister in Katowice, under KRS number 92497, using NIP number 6340134205 and REGON number 272171512 (hereinafter “COIG”), provider of software (hereinafter “Software”), available for download through the Atlassian Marketplace or other means that cooperate with products manufactured by Atlassian (hereinafter “Atlassian”), and you, as an individual or legal entity you represent (hereinafter “Licensee”), whose information was provided to COIG when you purchased the Software, including related media, printed materials, and any online or electronic documentation. Read the terms of the EULA carefully before installing, obtaining a license key, or otherwise accessing and using the Software. The EULA is effective from the date you download the Software through the Atlassian Marketplace or from another source. Before accessing and/or installing the Software, ensure that the end device meets the minimum technical requirements for the proper operation of the Software. The software is licensed under an EULA, not sold. The EULA is consistent with the Standard EULA, the Atlassian Marketplace Terms of Use and the Atlassian Marketplace Partner Agreement, available at http://www.atlassian.com , and you agree to comply with any Atlassian requirements set forth in those documents that apply to you, even if they are not expressly included in the EULA.

 

IMPORTANT! MAKE SURE YOU HAVE CAREFULLY READ AND UNDERSTOOD ALL THE RIGHTS AND OBLIGATIONS (INCLUDING RESTRICTIONS) SET FORTH IN THE EULA. BY CLICKING THE “AGREE”, “DOWNLOAD”, “INSTALL” (OR SIMILAR) BUTTON, INSTALLING, OBTAINING A LICENSE KEY, OR OTHERWISE ACCESSING AND USING ANY PART OF THE SOFTWARE, YOU AGREE TO THE TERMS OF THE EULA AND AGREE TO BE BOUND BY THE TERMS OF THE EULA AND THE TERMS OF ANY DOCUMENT REFERRED TO IN THE EULA. IF YOU ACCEPT THE TERMS AND CONDITIONS OF THE EULA ON BEHALF OF A LEGAL ENTITY OR ORGANISATIONAL UNIT, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THE AFOREMENTIONED ENTITY WITH THE TERMS AND CONDITIONS OF THE EULA. IF YOU DO NOT HAVE SUCH AUTHORITY OR DO NOT AGREE TO EULA’S TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SOFTWARE.

IF YOU DO NOT AGREE TO EULA’S TERMS, YOU MAY NOT INSTALL, COPY, DOWNLOAD, OR OTHERWISE USE THE SOFTWARE.

 

  1. Scope of EULA

The EULA governs access to and use of the Software downloaded or made available in a hosted or cloud environment (“Hosted Services”) and the support services provided by COIG in connection with the Software or Hosted Services. Software and Hosted Services, are collectively referred to in the EULA as the “Products”.

 

  1. Account Registration

In order to place an order or access Products, you may be required to register on the Atlassian Marketplace (available at https://marketplace.atlassian.com ). Any registration information you provide must be accurate, up to date, and complete, in accordance with current Atlassian requirements. You must also keep your information up to date so that COIG can send you notifications, statements, and other information by email or through your account. You are responsible for all actions taken through your Atlassian Marketplace accounts.

 

  1. Orders

Your order placed through the Atlassian Marketplace or with an authorised reseller (“Order”) will specify the scope of authorised use of the Products, which may include: (a) a specified number of installations, the number of specific individuals for whom you have paid the required fee and whom you designate through the applicable Product (“Authorised Users”), the number of authorised servers, the number of unique dataset platforms and/or other defined resource usage restrictions, (b) disk space or capacity (in the case of Hosted Services), (c) the number of licenses, copies, or instances (in the case of Software), or (d) other restrictions or units of account (all of the foregoing, as applicable, are referred to as the “Scope of Use”). The term “Order” also includes any renewal of the Product or Support Services, or purchases you make to increase or upgrade your Scope of Use. You may increase the number of Authorised Users authorised to access your instance of the Product by placing a new Order or, in some cases, directly through the Product.

 

  1. Licensing and Copyright

The Products are licensed, not sold (use of the Products does not transfer any proprietary rights in the Software to you). The products and all copies are protected by copyright and other intellectual property rights and international agreements. COIG is the owner of the copyright (moral and proprietary rights) and all other intellectual property rights in the Products and all copies thereof and Patches. All copyrights and other intellectual property rights in the Products (including, but not limited to, images, icons, text files, PDF files or other static non-code resources contained in the Products), accompanying printed materials, and any copies of the Products, are owned by COIG.

If the Products include documentation provided only in electronic form, you may print one copy of such electronic documentation. Except for a copy of the EULA, you may not copy the printed materials accompanying the Products.

You have the following rights under the EULA:

Standard Use of the Software

COIG grants you a perpetual (subject to termination in the event of a breach of the license provisions), territorially unrestricted, non-exclusive, non-transferable license to use the Software (without the right to grant sublicenses), solely in the form of object code, limited to the Scope of Use specified in your Order. You may not sell, transfer, or assign the Software to any third party without COIG’s prior express written consent. You may: (a) make one copy of the Software solely for data protection, archival, and backup purposes and for no other purpose; (b) install the Software solely on hardware resources owned, leased, or controlled by you or your third party service providers, provided that you remain responsible for their compliance with the terms of the EULA. Except as permitted in the EULA, you may not: (a) reverse engineer, decompile, disassemble, alter, reproduce, modify, rent, lease, loan, sublicense, copy, create derivative works of, distribute, or make available to unauthorised users the Products, in whole or in part, (b) incorporate the Products into products or services that you provide to third parties, (c) tamper with any license key mechanisms in the Products or otherwise circumvent mechanisms designed to limit your use, (d) remove or obscure any proprietary notices in the Products or any permitted copies of the Products, (e) publicly distribute information about the performance of the Products in benchmark tests, (f) copy or embed the source code components of the Software in other applications, or publish, transmit, or communicate the source code of the Software to any party other than yourself or the entity you represent. The EULA applies regardless of whether you purchased the Products directly from COIG, through the Atlassian Marketplace, from an authorised reseller, or otherwise. COIG reserves all rights not expressly granted to Licensee in the EULA.

Hosted Services

COIG grants you a monthly (prepaid) subscription for worldwide, non-exclusive, non-transferable, non-sublicensable use of the Hosted Services, with automatic renewal for subsequent monthly periods unless COIG or you notify the other party of non-renewal or COIG discontinues the Hosted Service. If you cancel your subscription, it will expire at the end of the current billing cycle, but you will not be entitled to any credits or refunds for amounts billed or paid prior to such cancellation. You acknowledge that the Hosted Services are online subscription products hosted by COIG and/or Atlassian, and that COIG and/or Atlassian may make changes to the Hosted Services from time to time.

Free Products

COIG may offer you a time-limited, worldwide, non-exclusive, non-transferable, non-sublicensable license to certain Products at no charge, including free accounts, trial versions, and access to beta versions of Products (“Free Products”). Your use of Free Products is subject to additional terms and conditions set by Atlassian. Upon termination, you must either comply with the Standard Use of the Software or Hosted Services or remove and delete all copies of the Software in your possession. You may not use Free Products for competitive analysis or similar purposes. You understand and acknowledge that any pre-release and beta Products (“Beta Versions”) are development versions, may be non-operational or incomplete, and may contain errors. COIG does not guarantee that any Beta Versions will ever become generally available. In certain circumstances, COIG may charge a fee for access to Beta Versions, but Beta Versions will still be subject to the provisions of this section. All information regarding the features, functions, or performance of the Beta Version is COIG Confidential Information. To the maximum extent permitted by applicable law, COIG disclaims all obligations regarding the Free Products, including support, guarantees, warranties, and indemnities.

 

  1. Third Party Software

You acknowledge that the Products may contain software licensed by COIG from third parties, including open source software, embedded in the Products. In addition to your obligations under the EULA, you may have additional obligations with respect to your use of third party software. In such cases, you must consult the relevant third party to obtain any necessary information and/or consents regarding use of such third party software.

 

  1. Support Services

COIG may, at its sole discretion, provide online support services related to the Products (“Support Services”) solely for the purpose of resolving technical issues related to the use of the Products. The Support Services may also include access to bug fixes, patches, modifications, or enhancements to the Products (collectively referred to as “Patches”) that COIG may make commercially available during the support period. Once you accept the Patches, they will be considered part of the Products and will be subject to the terms of the EULA.

Products will be made available electronically. You are solely responsible for the installation of any Software/Patches. COIG encourages its customers to provide feedback on its Products. If you have any comments regarding the purchase or use of the Products, please send them to COIG at support_jira@coig.pl.

 

  1. Data Security and Privacy

The collection, use, disclosure, and processing of your data by COIG is carried out in accordance with the Privacy Policy. The latest version of the Privacy Policy can be found at Privacy Policy . The Privacy Policy also explains the options available to you regarding how COIG uses your information and how you can access and update it.

You retain all ownership rights in any personal information or data you upload, input, or otherwise transmit to the Hosted Services or through COIG online support systems. Subject to the terms of the EULA, you grant COIG a non-exclusive, worldwide, royalty-free right to (a) collect, use, copy, store, transmit, modify, and create derivative works of your Data solely to the extent necessary to provide the relevant Hosted Service, and (b) for Hosted Services that allow you to share Data or interact with others, to distribute, publicly perform, and display your Data as directed or permitted by you or your Authorised Users via the Hosted Service.

 

  1. Payments

If you have not previously paid a license fee for a Product, you must pay it by the due date indicated on the applicable invoice or in accordance with the COIG pricing terms published on the Atlassian Marketplace. Failure to pay license fees on time will result in immediate termination of the license covered by the EULA.

 

10. Termination of the Contract

You may terminate your license under the EULA for the Products at any time by destroying all copies of the Software and/or discontinuing access to the Hosted Services. Your license for the Products will automatically terminate if you fail to comply with the terms of the EULA. Upon termination of your license, you must remove all Software from your computer systems and destroy any copies of it in your possession.

 

11. Ownership and Opinions

The Products are provided on a limited license or access basis, and no ownership rights are transferred to you, regardless of the use of terms such as “purchase” or “sale”. COIG owns and retains all rights, titles, and other intellectual property rights in and to the Products (including all Free Products), their look and feel, any related or underlying technology, and any modifications or derivative works thereof created by or for COIG, including, without limitation, cases where they contain Feedback (the “COIG Technology”). If COIG allows it, you may choose to provide comments, information, questions, data, ideas, process descriptions or other information to COIG in the course of receiving Support and Maintenance (“Feedback”). COIG shall be free to use, copy, disclose, license, distribute, and exploit any Feedback in any manner whatsoever, in connection with any of its products or services, without any obligation, royalty or other intellectual property or other rights related to such Feedback. No Feedback will be considered your Confidential Information, and the EULA does not restrict COIG’s right to independently use, develop, evaluate, or market products, whether or not they contain Feedback.

 

12. Confidentiality

You understand and agree that all source and object code, inventions, know-how, business, technical and financial information disclosed to you (the “Receiving Party”) by COIG (the “Disclosing Party”), is the confidential property of the Disclosing Party (the “Confidential Information”), provided it is designated as confidential at the time of disclosure. All COIG technology and information relating to the performance of the Products will be deemed COIG Confidential Information without the need for any additional designation or express reference. Except as expressly permitted in the EULA, the Receiving Party agrees to keep confidential and not use or disclose any Confidential Information. The Receiving Party’s obligation to maintain confidentiality does not apply to information that: (a) was in its possession or known to it prior to receipt of the Confidential Information, (b) became generally known through no fault of the Receiving Party, (c) was properly obtained by the Receiving Party from a third party without breach of any confidentiality obligation, (d) was independently developed by employees of the Receiving Party who did not have access to such information. The Receiving Party may also disclose Confidential Information if required to do so by law or court order (but only to the minimum extent required to comply with such law or order, with prior notice to the Disclosing Party, unless otherwise required by separate law). The Receiving Party understands and acknowledges that disclosure of the Confidential Information would cause substantial harm for which monetary damages would not be an adequate remedy and that, in the event of such disclosure, the Disclosing Party shall be entitled to appropriate legal remedies.

 

13. Promotion Rights

Licensee grants COIG the right to include Licensee’s company name, logo, and/or image provided upon registration, and any feedback Licensee may provide to COIG (in whole or in part), in promotional materials for the Products and on COIG’s website. The Licensee may withdraw this right at any time by sending a written request to the following e-mail address: support_jira@coig.pl, in order to be excluded from future promotional materials of the Products. Post-purchase requests may take up to thirty calendar days to be processed by COIG.

 

14. Export Restrictions

You are responsible for determining the existence and application of the relevant law to any proposed export and for obtaining any necessary permits. You agree not to export the Product from any country in violation of applicable legal restrictions on such export.

 

15. Exclusion of Warranty

Except as set forth in Sections 17-18, the Products are provided on an “as is” and “as available” basis without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, fitness for a particular purpose or title, solely at your risk. You may have other statutory rights but the duration of any statutory warranty, if any, will be limited to the shortest period permitted by law. COIG is not responsible for any delays, interruptions, service failures, or other problems resulting from the use of the Internet, electronic communications, or other systems beyond COIG’s reasonable control. To the maximum extent permitted by law, COIG makes no representations, warranties, or assurances that: (a) your use of the Products will be secure, timely, uninterrupted, or error-free, (b) the Products will operate in combination with any other hardware, software, system, or data, (c) the Products will meet your requirements or expectations, (d) any data stored will be accurate or reliable or that no data will be lost or corrupted, (e) errors or defects will be corrected, or (f) the Products (or any server that makes the Hosted Service available) are free of viruses or other harmful components.

 

16. Returns Policy

COIG allows customers to return the Software under Atlassian’s terms and conditions.

 

17. Infringement and Damages

If you have a Standard Use license and the Software becomes the subject of a third party infringement claim, or COIG believes that such a claim is likely to arise, COIG may, at its sole discretion, either: (a) obtain for you the right to use the Software without encumbrances, (b) replace or modify the Software in a manner that eliminates the infringement, or (c) refund the license fees paid for the current Support Period for such Software. Licensee agrees to defend or settle, at its own expense, any claim against COIG for modification of the Software or combination of the Software with other products that infringes the rights of third parties, but only to the extent that the modification or combination contributes to the claim, provided that: (a) COIG notifies Licensee in writing of such claim, (b) COIG takes no action without Licensee’s prior written consent, (c) Licensee has full control of the matter, and (d) COIG provides Licensee with information and support in defense of the claim. The Licensee shall bear all costs and damages attributed to COIG in connection with such a claim. Licensee agrees to indemnify and hold COIG and its Affiliates harmless from any third party claims and related losses, damages, or costs arising out of Licensee’s use of the Software or violation of the EULA. COIG shall not be liable for any claims arising from unapproved modifications to the Software or connections with unapproved products if such modifications or connections contributed to the claim.

 

18. Limitation of Liability

Except for indemnification obligations, neither party shall be liable for any loss, damage, lost profits, or other damages related to the Software (even if the party has been advised of the possibility of such damages), including, but not limited to: (a) any use of or reliance on the Software, (b) delays or other errors in the operation of the Software, (c) changes in the form or content of the Software, even if COIG has been advised of the possibility of such damages. These restrictions will apply to the maximum extent permitted by law. In no event will COIG’s aggregate liability for claims arising from this EULA exceed the fees paid by Licensee for the current Support Period, unless separate provisions provide otherwise.

 

19. Applicable Law

The law applicable to the EULA is Polish law. The provisions of the Civil Code, the Copyright Act, and other applicable provisions of Polish law shall apply to matters not regulated in the EULA. The parties will make every effort to amicably resolve any disputes arising in connection with the EULA. Any disputes that the Parties cannot resolve amicably will be submitted for resolution to a Polish common court with jurisdiction over the seat of COIG.

 

20. Miscellaneous Provisions

If any provision of the EULA (or part of a provision) is found by a court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, the remaining provisions shall remain in full force and effect. If any invalid, unenforceable, or illegal provision would be valid, enforceable, or legal if some part of it were deleted, the provision will apply with the minimum modification necessary to make it legal, valid, and enforceable and to give effect to the commercial intentions of the parties. Nothing in the EULA is or shall be deemed to create any agency, partnership, or joint venture between the parties, nor does it constitute any party as the agent of another, or authorise any party to enter into or bind another party to any obligation in the name or on behalf of any other party. COIG reserves the right, in its sole discretion, to change, amend, modify, add, or remove the terms contained in the EULA, at any time, without further notice, by posting any changes on the Marketplace Product. Any new terms and conditions will be effective immediately upon publication. It is your responsibility to periodically review the EULA and the Product and you will be deemed to have been made aware of any such changes. Your continued use of the Product after the publication of such changes will mean that you accept and agree to the changes. If you do not agree to the changes, do not use the Product. The EULA constitutes the entire statement of agreement between the parties relating to the subject matter hereof and merges and supersedes all other or prior agreements, arrangements, and understandings. For questions regarding the EULA, please contact support_jira@coig.pl.