End User License Agreement (EULA)

By placing an Order for an App (a software application, plugin or extension) provided by Rixter AB, reg. no. 559109-8255, a limited liability company incorporated under the laws of Sweden, (the “Vendor” or “Licensor”) on the Atlassian Marketplace (https://marketplace.atlassian.com) pursuant to the Atlassian Marketplace Terms of Use (https://attlassian.com/licensing/marketplace/termsofuse) you also agree to be bound by these Vendor Terms, which form a legally binding agreement between you (defined in Section 1.1 of the Atlassian Marketplace Terms of Use) and the Vendor. An Order can also be placed on your behalf by your Atlassian Solution Partner or Atlassian Reseller, in which case you are deemed to have authorised your Atlassian Solution Partner or Atlassian Reseller to place the Order. If you do not agree to all the terms of these Vendor Terms, you may not install or use the Apps.

Terms used but not defined in these Vendor Terms shall have the same meaning as defined in the Atlassian Marketplace Terms of Use, including the terms “you”, “Order”, “App” and “Vendor Terms” at the time of the last revision date of these Vendor Terms.

Intellectual Property Rights

Licensor owns and retains all title, ownership rights, copyrights and intellectual property rights in the Apps. These Vendor Terms do not imply that any rights (other than the non-exclusive limited license granted pursuant to these Vendor Terms) is transferred or granted to you.

Third party Software

The Apps contains or use software from third parties, including software licensed under open source licenses (“Third Party Software”). 

No warranty and exclusion of liability

You acknowledge and agree that the Apps and any related documentation are offered “as is” and “as available” and Licensor hereby disclaims all warranties, whether express or implied, including any implied warranties of non-infringement, fitness for a particular purpose or that the use of the Apps will be uninterrupted, error-free or completely secure. You are solely responsible for any damage to your devices or loss of data which may result by the use of the Apps.

Licensor does not have any liability in relation to the Apps, including for any indirect, consequential, special, punitive or other liability.

Force Majeure

Neither party hereto shall be responsible or liable in any way for failure, delay or omission carrying out the terms of these Vendor Terms resulting from any cause or circumstance beyond its reasonable control, including, but not limited to, fire, flood, other natural disasters, war, labor strike, interruption of transit, terrorist acts, accident, general interruptions of data- or telecommunication facilities, general and unforeseen computer virus attacks, explosions, civil commotion, and acts of any governmental authority, provided, that the party so affected shall give prompt notice thereof to the other.

Refusal and Termination

Licensor reserves the right, at its sole discretion, to exclude or otherwise limit the provision of any product or service, including access to or use of any of the Apps, to any person or entity, for any reason. Without prejudice to any other rights or remedies, Licensor may terminate these Vendor Terms with immediate effect if you fail to comply with the terms of these Vendor Terms, including the default in payment of relevant fees, or is otherwise in violation of the Atlassian Marketplace Terms of Use or the Swedish or any other applicable jurisdiction’s Copyright Act regarding the Apps. Any such termination by Licensor shall be in addition to and without prejudice to such rights and remedies as may be available to Licensor, including injunctive and other equitable remedies.

Upon termination or expiry of these Vendor Terms all rights granted to you, including but not limited to the right to use the App, will immediately cease and you shall, in respect of On-prem Apps, promptly, and no later than 30 days after termination return or, if not possible, delete and destroy the Apps from the servers on which they are operated and all other systems and return all material, including the documentation, to Licensor or the third party it was obtained from. In respect of Cloud Apps, Licensor reserves the right to remove or delete the Apps.

Changes to these Vendor Terms

The Vendor may modify these Vendor Terms at its sole discretion by posting the revised terms on the Atlassian Marketplace. You may be required to click to agree to the modified Vendor Terms in order to continue using an App, and in any event your continued use of an App after the effective date of the modifications constitutes your acceptance of the modified terms. For clarity, the version of these Vendor Terms in place at the time of your Order will apply for purposes of that Order. Except as provided in this Section 13, all changes or amendments to these Vendor Terms require the written agreement of you and the Vendor.

Governing law and dispute resolution

These Vendor Terms are governed by the laws of Sweden without regard to its principles on conflicts of laws.

Any dispute, controversy or claim arising out of or in connection with these Vendor Terms, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm and the language to be used in the arbitral proceedings shall be English.

The arbitration, the award and any documents or other information submitted to the arbitration tribunal shall be final and binding and shall be considered as confidential information pursuant to these Vendor Terms.

Notwithstanding the foregoing, the Vendor reserves the right to collect, or seek the collection, of any outstanding payment or debt in your jurisdiction with the use of available debt collection authorities, including local courts to which jurisdiction you hereby submit.