Kindly take the time to carefully read this End User License Agreement ("Agreement") before using theCode4 Software ("Software"). By downloading, installing, copying, accessing, or using the Software in any other way, the Licensee, or the individual or entity represented by the person installing the Software, agrees without condition to the terms of this Agreement. If you do not wish to be bound by this Agreement, you must not download, install, copy, access, or use the Software in any manner.

Definitions:

• Licensor: theCode4 company located in Poland.

• Licensee: the individual or entity that accepts this agreement's terms by downloading, installing, or using the Software. The Licensee is granted specific usage rights under this EULA and is responsible for ensuring that any Authorized Users comply with these terms.

• Software: This term refers to the specific computer software developed by theCode4 and distributed by either the Licensor or a Reseller. It may also encompass associated media, print materials, and online or electronic documentation.

• Reseller: An entity that is given authorization by theCode4 to sell and distribute the Software.

• Authorized User: A distinct individual who is granted access to the Software under a User License.

• Commercial License: A type of license that allows the Licensee to use the Software, which is obtained or renewed upon payment of Fees.

• Fees: The total amount of fees and expenses that the Licensee is required to pay to theCode4 for the use of the Software.

• User License: A license provided under this EULA that allows an Authorized User to utilize the Software.

• Evaluation License: This license grants the Licensee temporary access to the Software for 30 days for evaluation purposes. It's intended to allow the Licensee to test and assess the Software's features before deciding on a Commercial License. The Evaluation License expires automatically after the 30-day period and cannot be renewed unless explicitly agreed upon by the Parties. During this period, the Licensee is subject to the Agreement's terms but with certain limitations compared to a Commercial License.

• Source Code: the fundamental programming code of the Software that is written in human-readable programming language. It is the essential component from which the Software is developed and compiled.

• Derivative Works: any modifications, adaptations, or other creations that are based upon, derived from, or incorporate the Software's Source Code. These works can include, but are not limited to, enhancements, revisions, or customizations of the original Software.

• Atlassian: means Atlassian Pty Ltd, an Australian corporation (ABN 53 102 443 916). Atlassian is not a party to this EULA.

The Licensor and Licensee can each be referred to as a "Party" and collectively as the "Parties."

This EULA is an addition to the Terms of Use for Atlassian Marketplace.

1. Acceptance of Terms

This End-User License Agreement ("EULA") is a legal contract between you, the "Licensee", and theCode4, the "Licensor". It sets out the terms governing your use of the Software. Before installing, obtaining a license key, or accessing and using the Software or any support service associated with this Agreement, please review these terms and conditions carefully. The Software is provided to you under the terms of this Agreement, either directly by theCode4 or indirectly through an authorized theCode4 reseller ("Reseller"). It is licensed, not sold, to you.

Ensure that your computer meets the minimum technical specifications required for the proper functioning of the Software before you access and/or install it.

2. License Grant

This EULA authorizes you, via theCode4, to a limited, global, non-exclusive, non-transferable, and non-sublicensable right to download and utilize the Software on devices that you either own, lease, or control. It is acknowledged and agreed that all rights, including ownership and intellectual property rights, in the Software and any of its copies (this includes derivatives, code, themes, designs, graphics, animations, soundtracks, music, visual effects, text, and documentation) are the sole property of the Licensor.

As long as the Licensee ensures that any use of the Software is solely on behalf of the Licensee and adheres to the terms of this Agreement, the Software can be operated by any Authorized User on an unlimited number of computers.

3. Description of Other Rights and Limitations

1. Modifying, reverse engineering, decompiling, disassembling, or creating Derivative Works from the Software, whether wholly or partially, is strictly forbidden unless explicit written consent is obtained from the Licensor. Furthermore, you are not allowed to remove or alter any copyright notices, trademarks, trade names, or other proprietary symbols in or on the Software. This agreement does not grant you any rights in relation to the Licensor's trademarks or service marks.

2. The Software cannot be rented, leased, or loaned out.

3. theCode4 may offer support services for the Software ("Support Services"). Any additional software code provided to you as a component of the Support Services is to be considered a part of the Software and is subject to this EULA's terms and conditions.

4. You are required to abide by all relevant laws in your use of the Software.

4. Intellectual Property Rights

1. All ownership rights, including intellectual and industrial property rights related to the Software, are exclusively held by theCode4 and/or its affiliates. Apart from the specific user rights explicitly provided to the Licensee in this Agreement, no additional rights are conferred to the Licensee regarding the Software.

2. The Software, along with any authorized copies made by the Licensee, is safeguarded by national laws and provisions of international treaties.

3. The Source Code of the Software is a valued trade secret and is to be treated as confidential information belonging to theCode4. Should the Licensee create any Derivative Works from the Software's Source Code, theCode4 will hold all ownership rights, including intellectual property rights, to these Derivative Works. The Licensee agrees to provide any additional confirmations, assignments, or documents necessary to transfer ownership of any such Derivative Works to theCode4 as outlined in Section 4.c. No compensation will be owed by theCode4 to the Licensee for transferring rights in these Derivative Works as described here.

4. Should theCode4 determine that the Software is likely to be or becomes involved in a claim of infringement of another party's intellectual property rights, theCode4 reserves the right to choose one of the following options at its sole discretion: (i) acquire the necessary permissions for the Licensee to maintain their usage rights of the Software as outlined in this Agreement, (ii) modify or replace the potentially infringing content to make it non-infringing, or (iii) end this Agreement immediately.

5. theCode4 shall indemnify and protect the Licensee from reasonable expenses, losses, and claims incurred by the Licensee due to any infringement of a third party's intellectual property rights resulting from the Licensee's usage of the Software. This obligation to indemnify is independent of section 9 and does not apply in cases where the Software is used in violation of the terms of this Agreement.

6. The Licensee agrees to indemnify and defend theCode4 from any costs, expenses, losses, and claims that may arise against theCode4 due to any infringement of a third party's intellectual property rights. This includes instances stemming from modifications made to the Software by the Licensee or its Authorized Users, or from combining the Software with third-party products.

5. References

The Licensee consents to theCode4 using its company's name and/or brand in various marketing materials, including on theCode4's websites, catalogues, and other promotional materials. This authorization allows theCode4 to feature the Licensee's name across all forms of media, including digital platforms, for marketing and sales activities. theCode4 commits to maintaining the integrity and image of the Licensee's brand as portrayed by the Licensee. If the Licensee decides to retract this permission, they must promptly inform theCode4 in writing. However, this retraction won't affect any materials already released or printed prior to the date of consent withdrawal.

6. Termination Terms

Except for the Evaluation License, all licenses granted under this Agreement remain effective until terminated. The Evaluation License automatically expires after the evaluation period unless otherwise agreed upon by the Parties.

TheCode4 reserves the right to terminate this Agreement, wholly or in part (including any licenses, even if perpetual), if the Licensee fails to comply with the terms and conditions of this Agreement. Regardless of the termination reason, there will be no refunds for any Fees paid.

7. Disclaimer of Warranties

The Licensee acknowledges that the Software is licensed on an “as is” and “as available” basis, with all its faults and without any warranties of any kind. To the fullest extent permitted by applicable law, theCode4 expressly disclaims all warranties, whether express, implied, or statutory. This includes, but is not limited to, implied warranties of merchantability, quality fit for a particular purpose, non-infringement of third-party rights, and any warranty that the Software will be error-free or that errors in the Software will be corrected. The Licensee is solely responsible for backing up their system and data before installing or using the Software.

No oral or written information or advice provided by theCode4 or its Resellers shall create any warranty. In the event of any defects in the Software, the Licensee will be solely responsible for the cost of all necessary servicing, repair, or correction.

8. Confidentiality

In this Agreement, "Confidential Information" refers to any information of any kind related to or concerning the Disclosing Party or its Affiliates, marked as "confidential" or "proprietary" or that should reasonably be understood as confidential. This includes technical information, market and product details, data, code, know-how, trade secrets, financial data, marketing plans, business opportunities, and third-party business relations.

However, information is not considered Confidential for this Agreement if it (i) becomes publicly known through no fault of the Receiving Party, (ii) was already known to the Receiving Party or is disclosed by a third party not bound by confidentiality to the Disclosing Party, or (iii) is independently developed by the Receiving Party without using the Disclosing Party's Confidential Information.

The Receiving Party must keep the Disclosing Party's Confidential Information strictly confidential, not disclosing it to others and using it solely for this Agreement's purposes. They must protect it with the same care as their own confidential information, at a minimum with reasonable care.

The Receiving Party can disclose this Confidential Information to its directors, officers, employees, and outside advisors ("Representatives") who need it for this Agreement, provided they are (i) informed of its confidentiality and (ii) bound by written agreements or professional ethics to keep it confidential.

The Receiving Party is responsible for any unauthorized disclosure by its Representatives and will indemnify the Disclosing Party for any related losses.

theCode4 may collect technical and related information about Users to maintain and improve its products, issue updates, and for marketing and research. This data includes IP addresses, hardware information, and software usage.

Upon the Disclosing Party's request, the Receiving Party must return or destroy all physical and digital files of the Disclosing Party's Confidential Information, including deletion from email inboxes and hard drives.

If the Receiving Party or its Representatives are legally compelled to disclose Confidential Information, they should, where possible, inform the Disclosing Party in advance to seek a protective order or similar remedy.

The Disclosing Party's rights under this EULA are not waived by any delay or partial exercise of those rights. Any waiver must be in writing.

theCode4 constantly seeks to improve its products and collects information about User interactions as outlined in its Privacy Policy. By agreeing to this EULA, you authorize theCode4 to collect and use this information according to its Privacy Policy and declare you have reviewed and agreed to it.

9. Limitation of Liability

To the fullest extent allowed by applicable law, theCode4 disclaims all liability for any kind of damages, including but not limited to compensatory, incidental, direct, indirect, special, punitive, or consequential damages. These damages might encompass, without limitation, loss of use, data loss or corruption, loss of income or profit, damage to property, third-party claims, reputational harm, loss of opportunities, loss of contracts or customers, loss of goodwill, anticipated savings, investment recoupments, costs of replacement goods or services, and other losses including legal fees, related to or arising from this Agreement or the (non-)performance of the Software.

This exclusion of liability also extends to the benefit of theCode4’s employees, agents, suppliers, and contractors. Should any liability still be imposed on theCode4, its affiliates, or their employees, agents, suppliers, or contractors, such liability shall not exceed the amount of the Fees (excluding taxes) paid for the Software, if any. theCode4 will not be liable for any issues related to a backup copy of the Software made by the Licensee.

Any third-party materials involved are governed solely by the applicable third-party terms and conditions.

10. Governing Law

This EULA is governed by Polish law. In matters not specifically addressed by this EULA, provisions of the Polish Civil Code, the Copyright Act, and other relevant Polish legislation will be applicable. The Parties agree to endeavor to settle any disputes arising from this EULA amicably. Should such disputes not be resolved amicably, they will be submitted to the state court having jurisdiction over the area where theCode4's registered office is located.

If any part of this EULA is deemed invalid, unenforceable, or illegal by a competent court or administrative body, the remaining provisions will continue to be valid and enforceable. If any invalid, unenforceable, or illegal provision would become valid, enforceable, or legal upon removal of a part of it, the provision shall be modified minimally to make it legal, valid, and enforceable, while still reflecting the commercial intentions of the parties.

Nothing in this EULA is intended to, or shall be construed to, create any agency, partnership, or joint venture between the parties, nor does it authorize any party to make commitments on behalf of another party.

11. Amendments to this EULA

TheCode4 reserves the right to alter, amend, modify, add, or remove any terms and conditions of this EULA at its own discretion, at any time, without prior notice, by updating the terms on its website or within the Software interface. Changes become effective immediately upon posting. It is your responsibility to regularly review this EULA and stay informed about any changes. By continuing to use the Software after such changes are posted, you acknowledge and agree to the revised terms. If you do not agree with the modifications, you should discontinue using the Software. The “Last Updated” date at the bottom of this EULA will be updated with every revision. A current version of the EULA will always be available on the official theCode4 website.

12. Force Majeure

Neither Party shall be held responsible to the other for any delay or failure in fulfilling its obligations under this Agreement if such delay or failure is caused by events beyond the reasonable control of the affected party. This includes circumstances like strikes, blockades, wars, acts of terrorism, riots, natural disasters, failures or reductions in power or telecommunications or data networks or services, or the denial of a license by a government agency.

13. Miscellaneous Provisions

This EULA represents the complete and exclusive agreement between the parties regarding its subject matter. It supersedes and integrates all previous understandings, commitments, and discussions related to this subject.

Should any part of this EULA be deemed unenforceable, that specific provision will be modified only as much as needed to make it enforceable, without affecting the enforceability of the rest. All other provisions of this EULA will continue to be in full effect.

14. Contact Information

Any questions or communications in relation to this Agreement should be sent to support@thecode4.com

Service Level Agreement (SLA)

theCode4 will provide online technical support for its Software, given that the License is valid and not terminated.

Contact Support

support@thecode4.com

Business Hours

Our support hours are from 9:00 am to 5:00 pm, Monday through Friday, in the CEST/CET time zone. Our team is based in Poland. We aim to respond to all requests within 24 hours, excluding Polish national holidays.

Included Support for Our Products:

• Assistance with configuring theCode4 products

• Troubleshooting to ensure proper functioning of theCode4 products

• Responding to queries about the functionality of theCode4 products

• Handling sales-related questions and requests

• Support for product upgrades

• Support is available in English and Polish

Exclusions from Support:

• Training sessions

• Phone support, webinars, screen sharing; though we utilize tools like Zoom or Google Meet for efficient issue resolution

• Issues not related to theCode4 products

• Support in languages other than English and Polish

End of Life Policy

At theCode4, we align with Atlassian's End of Life policy. This means our Software will support all versions of Jira, Jira Service Management, and Confluence released in the last two years. Versions older than two years are considered End of Life and unsupported.

Support Policy

• Support is available only for active, unexpired licenses of the Software.

• We support only the latest version of the Software available on the Atlassian Marketplace. Please ensure you have upgraded to the latest version before seeking support.

• The Software version in use must be compatible with the version of the Atlassian parent product (Jira, Confluence, etc.) as listed on the Marketplace.

• The version of your Atlassian parent product (Jira, Confluence, etc.) should not have reached its End of Life as per Atlassian's policy.