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V “Fees” means all fees and expenses payable by you to the Deviniti DaGraTo Solutions to use the Marketplace Product.
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VIII “Order” means any purchase order or other written or electronic confirmation documenting your purchase of a License from DevinitiDaGraTo Solutions.
IX “Third Party Instance” is an instance of non-Deviniti DaGraTo Solutions application that will be integrated by the Marketplace Product.
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(ii) If the Marketplace Product does not include a separate EULA that specifies Marketplace Product license rights, the Publisher, under this EULA, grants you a limited, worldwide, non-exclusive, non-transferable and non-sublicensable license to download and use the Marketplace Product only on hardware systems owned, leased or controlled by you, only for commercial purposes. You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Marketplace Product and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, and any related documentation) are owned by the DevinitiDaGraTo Solutions.
(ii) Licenses granted by the Publisher are granted subject to the condition that you must ensure the maximum number of Authorized Users that are able to access and use the Marketplace Product concurrently is equal to the number of User Licenses for which the necessary fees have been paid to Atlassian and/or its authorized partners. You may purchase additional User Licenses at any time on payment of the appropriate fees to Atlassian and/or its authorized partners. The number of User Licenses granted to you is dependent on the fees paid by you.
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The Publisher is always striving to improve its products. In order to do so, the Publisher needs to collect information about Users and to measure, analyze, and aggregate how Users interact with its products, such as usage patterns and characteristics of its user base. The Publisher collects such information and uses the information as per its Privacy Policy You declare hereby to authorize the Deviniti DaGraTo Solutions to collect and treat that information just for the purposes referred above, and you also declare to have reviewed and agreed to the Deviniti’s DaGraTo Solutions’s Privacy Policy.
Disclaimer and limitation of Liability
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The governing law for this EULA is Polish law. The provision of the Civil Code, the Copyright Act and other effective Polish laws shall be applicable in issues not governed by this EULA. The Parties shall make every effort to amicably resolve all disputes arising in connection with this EULA. All disputes that the Parties cannot amicably resolve shall be submitted for resolution to the state court competent for the geographical location of the registered office of the DevinitiDaGraTo Solutions.
If any provision of the EULA (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable and to give effect to the commercial intention of the parties.
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The Publisher reserves the right, at its sole discretion, to change, amend, modify, add or remove terms and conditions contained in this EULA, at any time, without further notice by posting any changes on the Marketplace Product. Any new terms or conditions will be effective as soon as they are posted. It is your responsibility to check this EULA and the Marketplace Product periodically and you are deemed to be aware of such changes. Your continued use of the Marketplace Product following the posting of such changes will mean that you accept and agree to the changes. If you do not agree to the changes, please stop using the Marketplace Product. When Deviniti DaGraTo Solutions makes changes, we will revise the “Last Updated” date at the down of this EULA. A copy of the latest EULA will always be available on the official Deviniti DaGraTo Solutions website.
Miscellaneous
This EULA constitutes the entire statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, agreements and arrangements.
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