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End User License Agreement
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Preamble
The following terms apply to the contractual relationship between //SEIBERT/MEDIA f3publishing GmbH, Kirchgasse 6, 65185 WiesbadenHessenring 109, 61348 Bad Homburg vor der Höhe, Germany (hereinafter: //SEIBERT/MEDIAf3publishing) and the acquirer of the software (hereinafter: Buyer), for the initial license under clause 1 (1) for the //SEIBERT/MEDIA f3publishing software, irrespective of whether the Buyer is a natural or legal person. However our Software offer is directed exclusively to legal entities under public law, special legal funds under public law or entrepreneurs.
These terms come into force as soon as the Buyer receives the initial software license key from //SEIBERT/MEDIA f3publishing or another third party authorized to transfer the license key. By downloading, installing, or using the software, the Buyer acknowledges the validity of the following provisions as binding.
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Any conflicting, deviating or supplementary provisions proposed by the Buyer shall not become part of the contract, unless //SEIBERT/MEDIA f3publishing expressly agrees to their validity in writing.
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1.1 This contract covers the rights of use of the //SEIBERT/MEDIA f3publishing Atlassian apps and the maintenance services that //SEIBERT/MEDIA f3publishing provides for the //SEIBERT/MEDIA f3publishing Atlassian apps (hereinafter "software") purchased by the Buyer. An overview of the current software that //SEIBERT/MEDIA f3publishing offers can be found at https://marketplace.atlassian.com/vendors/9093 and https://marketplace.atlassian.com/vendors/1210578/seibert-media-draw-io and possibly other vendor accounts.1.2 Other services such as installation, f3publishing GmbH Vendor Account.
1.2 Other services such as installation, instruction, training, customization of the software or any other service are not part of this contract. If //SEIBERT/MEDIA f3publishing offers such services, they are to be agreed upon separately in writing.
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5.3 The previous Buyer is obliged to provide //SEIBERT/MEDIA f3publishing with the name and the full address of the new buyer in writing.
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The ownership of marketing materials, any software or electronic media, methodologies, strategies, research and designs shall remain with //SEIBERT/MEDIA. //SEIBERT/MEDIA f3publishing. f3publishing reserves the right to use in any way it wishes any programming tools, skills, content, methodologies, strategies and techniques acquired or used in performing its duties under this Agreement. The ownership of any data content created using the software shall remain with the author of that content.
7. Maintenance Services for the Initial License Period
7.1 //SEIBERT/MEDIA f3publishing offers the following services to the Buyer free-of-charge for the software after the acquisition of the initial license as part of the software maintenance contract:
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7.2 After the initial license for the software has been acquired, the Buyer has a right to claim software maintenance services from //SEIBERT/MEDIA f3publishing for a period of 12 months for that software. During this maintenance period, the support channels listed in clause 9 shall be used.
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8.1 The Buyer may renew the provision of support services for one or more of the //SEIBERT/MEDIA f3publishing apps they have purchased at any time by a further 12 months by purchasing a software maintenance renewal. The purchased software maintenance renewal is subject to the provisions of this contract in the same way as the initial maintenance period.
8.2 Irrespective of the date of the software maintenance renewal, the duration of the new software maintenance period is 12 months and begins with the first day after the end of the last maintenance period and ends with the last day of the 12-month renewal.
9. Support Channels
9.1 //SEIBERT/MEDIA f3publishing offers solely the following support channels:
Publicly accessible documentation at:
httphttps://seibert.biz/documentationf3publishing.atlassian.net/l/cp/A1PWoDhmPublicly accessible Helpdesk for registering new support tickets at:
https://supportf3publishing.seibert-mediaatlassian.net/servicedesk/customer/portal/4Email address for registering new support tickets at:
help@seibert-mediapluginsupport@f3publishing.netde
9.2 For http://draw.io products, please contact the following support channels:
Publicly accessible documentation at:
http://seibert.biz/confluenceuserdocumentationPublicly accessible Helpdesk for registering new support tickets at:
https://drawio-app.com/supportEmail address for registering new support tickets at:
support@draw.io
10. Included Services
10.1 The following support services are exclusively offered by //SEIBERT/MEDIA:
Investigation of problems with the software, possibly using remote access (troubleshooting) in presence of customer (like a remote desktop sharing session),
Analysis of errors and investigation of the underlying causes of the reported problems (root cause analysis),
Support for interoperability problems with other software from the Atlassian Marketplace.
The above-mentioned services are final. Furthermore, //SEIBERT/MEDIA is not obliged to provide further services, in particular //SEIBERT/MEDIA is not obliged to provide installation, customization, programming, consulting, and training services. If //SEIBERT/MEDIA offers such services, they are to be paid for and agreed separately in writing.
10.2 //SEIBERT/MEDIA takes responsibility for resolving documented, reproducible errors in the software (support services) using competent personnel and according to accepted industrial standards. //SEIBERT/MEDIA is not responsible for the success of the resolution of errors and assumes no guarantee in this respect. For the purposes of this contract, an ‘error’ is any disturbance reported by the Buyer that consequently causes the quality and functionality of the software and user documentation to deviate, and
significantly impacts the usability of the software, or
causes corruption of data or loss of data processed or generated by the software.
If a disturbance can not be reproduced, it is not considered an error. In this case, the parties shall endeavour to reach agreement on the action to be taken.
10.3 Anonymous tracking can help to improve the software. For draw.io for Atlassian Confluence and Jira, we have decided that we will not transmit any data from the http://draw.io apps to reach an incredibly high level of data security and privacy. Learn more about the no tracking stance of draw.io here. For Linchpin Intranet and Aura, however, we do use the power of anonymous tracking with an opt-out mechanism:
10.4 //SEIBERT/MEDIA is exempted from the obligation to perform support services for the Buyer without affecting the payment obligation for the agreed purchase price, particularly
in the event of errors resulting from unauthorized modifications or alterations to the software;
if the installation of the current or previous software versions as well as the delivered error solutions were not carried out, unless the delivered versions or error solutions are faulty;
for software versions that were released more than 18 months before the error was reported.
in the event of errors due to unauthorized use of the software or incorrect operation, unless the software is used in accordance with the user documentation;
for software provided by the developer that is:
no longer developed or supported (end-of-life status);
intended to be used for test purposes and is therefore an unfinished version of the software (beta version);
created as a final test version (release candidate);
a development version (development release);
for any hardware defects;
when the software is used on hardware and operating system environments other than those specified in the user documentation;
in the event of disruptions caused by force majeure or similar circumstances;
alterations made to the software made by the Buyer in breach of the contract;
alterations to the software, performed by technicians outside of //SEIBERT/MEDIA without the prior written consent of //SEIBERT/MEDIA.
If //SEIBERT/MEDIA offers such services, they are to be agreed upon in writing and paid for separately.
10.5 The Buyer shall undertake adequate data backup measures to ensure that any data to be recovered is stored in a machine-readable format, and that it can be recovered with minimum effort.
11. Error Reporting, Obligation to Cooperate, and Support Hours
11.1 The Buyer must immediately report any errors that occur with a detailed description of the problem using the support channels listed in clause 9.
11.2 For the execution of the contractual services, cooperation must be complete and punctual. The obligation to cooperate includes the following items in particular:
All applicable laws and regulations must be observed. It is prohibited to transfer data or content to //SEIBERT/MEDIA servers that violate legal provisions or infringe third-party property rights or copyrights or other rights of third parties.
When reporting an error, all documentation, log files, and other information relevant to troubleshooting shall be made available without delay;
Only data free from computer viruses or other harmful code may be transmitted;
No software, technologies or procedures may be used in connection with the use of the contractual software that are capable of affecting its operation, security and availability.
11.3 In order to receive error reports, //SEIBERT/MEDIA can be reached during support hours on work days between 09:00 and 17:00 (CET/CEST). Work days include Monday to Friday, with the exception of all public holidays in the state of Hessen, Germany, in addition to the following days: 24 December and 31 December.
11.4 Processing of support cases, taking into account the reaction and solution times specified in clauses 13, 14, shall be carried out during the support hours specified in paragraph 3.
12. Error Classification Levels
12.1 In the case of error reports, the processing of the support cases is carried out within the response and resolution times specified in clauses 13, 14. The response and resolution times depend on the classification level; The following error classification levels apply:
Priority 1: Critical error. The use of the software is impossible or significantly restricted. A significant limitation exists where the software no longer works and no functional workaround can be achieved.
Priority 2: Other disturbances. Any other problems with the software.
12.2 //SEIBERT/MEDIA shall strive to handle all support cases in a timely manner. Priority 1 errors are given priority over priority 2 errors, independent of the time at which they were registered in the support system.
13. Response Time
13.1 Response time is the period between the report of an error and the first action taken by //SEIBERT/MEDIA. The period starts with the receipt of the corresponding support request within the support hours specified in clause 11 (3), and runs exclusively during the agreed support hours. If a message appears outside the agreed support hours, the response time begins with the start of the next support period.
13.2 //SEIBERT/MEDIA shall strive for the following response times according to the error level:
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10. Included Services
10.1 The following support services are exclusively offered by f3publishing:
Investigation of problems with the software, possibly using remote access (troubleshooting) in presence of customer (like a remote desktop sharing session),
Analysis of errors and investigation of the underlying causes of the reported problems (root cause analysis),
Support for interoperability problems with other software from the Atlassian Marketplace.
The above-mentioned services are final. Furthermore, f3publishing is not obliged to provide further services, in particular f3publishing is not obliged to provide installation, customization, programming, consulting, and training services. If f3publishing offers such services, they are to be paid for and agreed separately in writing.
10.2 f3publishing takes responsibility for resolving documented, reproducible errors in the software (support services) using competent personnel and according to accepted industrial standards. f3publishing is not responsible for the success of the resolution of errors and assumes no guarantee in this respect. For the purposes of this contract, an ‘error’ is any disturbance reported by the Buyer that consequently causes the quality and functionality of the software and user documentation to deviate, and
significantly impacts the usability of the software, or
causes corruption of data or loss of data processed or generated by the software.
If a disturbance can not be reproduced, it is not considered an error. In this case, the parties shall endeavour to reach agreement on the action to be taken.
10.3 f3publishing is exempted from the obligation to perform support services for the Buyer without affecting the payment obligation for the agreed purchase price, particularly
in the event of errors resulting from unauthorized modifications or alterations to the software;
if the installation of the current or previous software versions as well as the delivered error solutions were not carried out, unless the delivered versions or error solutions are faulty;
for software versions that were released more than 18 months before the error was reported.
in the event of errors due to unauthorized use of the software or incorrect operation, unless the software is used in accordance with the user documentation;
for software provided by the developer that is:
no longer developed or supported (end-of-life status);
intended to be used for test purposes and is therefore an unfinished version of the software (beta version);
created as a final test version (release candidate);
a development version (development release);
for any hardware defects;
when the software is used on hardware and operating system environments other than those specified in the user documentation;
in the event of disruptions caused by force majeure or similar circumstances;
alterations made to the software made by the Buyer in breach of the contract;
alterations to the software, performed by technicians outside of f3publishing without the prior written consent of f3publishing.
If f3publishing offers such services, they are to be agreed upon in writing and paid for separately.
10.4 The Buyer shall undertake adequate data backup measures to ensure that any data to be recovered is stored in a machine-readable format, and that it can be recovered with minimum effort.
11. Error Reporting, Obligation to Cooperate, and Support Hours
11.1 The Buyer must immediately report any errors that occur with a detailed description of the problem using the support channels listed in clause 9.
11.2 For the execution of the contractual services, cooperation must be complete and punctual. The obligation to cooperate includes the following items in particular:
All applicable laws and regulations must be observed. It is prohibited to transfer data or content to f3publishing servers that violate legal provisions or infringe third-party property rights or copyrights or other rights of third parties.
When reporting an error, all documentation, log files, and other information relevant to troubleshooting shall be made available without delay;
Only data free from computer viruses or other harmful code may be transmitted;
No software, technologies or procedures may be used in connection with the use of the contractual software that are capable of affecting its operation, security and availability.
11.3 In order to receive error reports, f3publishing can be reached during support hours on work days between 09:00 and 17:00 (CET/CEST). Work days include Monday to Friday, with the exception of all public holidays in the state of Hessen, Germany, in addition to the following days: 24 December and 31 December.
11.4 Processing of support cases, taking into account the reaction and solution times specified in clauses 13, 14, shall be carried out during the support hours specified in paragraph 3.
12. Error Classification Levels
12.1 In the case of error reports, the processing of the support cases is carried out within the response and resolution times specified in clauses 13, 14. The response and resolution times depend on the classification level; The following error classification levels apply:
Priority 1: Critical error. The use of the software is impossible or significantly restricted. A significant limitation exists where the software no longer works and no functional workaround can be achieved.
Priority 2: Other disturbances. Any other problems with the software.
12.2 f3publishing shall strive to handle all support cases in a timely manner. Priority 1 errors are given priority over priority 2 errors, independent of the time at which they were registered in the support system.
13. Response Time
13.1 Response time is the period between the report of an error and the first action taken by f3publishing. The period starts with the receipt of the corresponding support request within the support hours specified in clause 11 (3), and runs exclusively during the agreed support hours. If a message appears outside the agreed support hours, the response time begins with the start of the next support period.
13.2 f3publishing shall strive for the following response times according to the error level:
Priority 1: 4 hours
Priority 2: 8 hours
13.3 The response times are //SEIBERT/MEDIA’s f3publishing’s declared aspiration. In particular with regard to the provision of clause 12 (2), //SEIBERT/MEDIA f3publishing does not guarantee the observance of the stated response times. Non-compliance with these response times does not constitute any right for the Buyer to reduce the price, claim for reimbursement, terminate or seek any other form of compensation.
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14.1 The resolution time is the maximum time before troubleshooting resolves the error or a workaround is implemented, after the start of work on a support case.
14.2 //SEIBERT/MEDIA f3publishing shall strive for the following resolution times according to the error classification levels:
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15. Limitation of liability
//SEIBERT/MEDIA f3publishing shall be liable for damages resulting from this contract, for whatever actual or legal reasons, only in accordance with the following regulations:
In the case of willful intent, gross negligence, claims under the German Product Liability Act, or in the case of a loss of life or personal injury, //SEIBERT/MEDIA f3publishing shall be liable without restriction in accordance with statutory provisions.
Insofar as //SEIBERT/MEDIA f3publishing culpably infringes an important obligation, the liability per calendar year shall be limited to the foreseeable damage at the time of conclusion of the contract up to a total amount for all damages per calendar year which corresponds to 100% of the purchase price paid by the Buyer in this calendar year, as far as the Buyer can prove the damage. Such a fundamental obligation will always exist, where the obligation is essential for the due and proper implementation of the contract, and on which the Buyer trusted and could reasonably rely. This limitation of liability also applies to data loss and data corruption.
Liability is excluded in the event of negligent violation of other non-essential contractual obligations
//SEIBERT/MEDIA f3publishing will indemnify and hold the Buyer harmless from any claim, suit or proceeding brought against it based on a claim that //SEIBERT/MEDIA f3publishing has infringed or is infringing any third party's trademark, copyright, patent or other intellectual property right in or with respect to //SEIBERT/MEDIA f3publishing software. The maximum damage that //SEIBERT/MEDIA f3publishing is liable for is limited as in paragraph 2.
16. Termination
//SEIBERT/MEDIA f3publishing shall be entitled to terminate the obligation of providing the agreed on Maintenance Services (clauses 7 et. seq.) without notice in particular, if
access data for the use of the software was made accessible to third parties without the prior consent of //SEIBERT/MEDIAf3publishing;
the Buyer breaches their obligations under this contract, and despite an appropriate grace period with a rejection warning, they do not put an end to the infringement or demonstrate that appropriate measures have been taken to suitably prevent the repetition of the breach of contract in the future.
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18. Place of Jurisdiction and Governing Law
The applicable law and the place of jurisdiction for all disputes arising out of or in connection with the contract shall be Wiesbaden (Germany) under the law of Germany.
19. Severability Clause
Should a provision of this contract be or become invalid, all other provisions shall remain unaffected. Such an invalid provision shall be replaced with a provision which is in line with the intention which the parties could reasonably attribute to the contract at the time of entering into said contract.
Short link: https://seibert.biz/atlassianeula
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This content was last updated on 03/01/2021.
This content hasn't been updated in a while. That doesn't have to be a problem. Some of our pages live for years without becoming obsolete. Please click this link if you want us to update this page. Old content can be incorrect, misleading or outdated. Please get in contact with us via a form on this page, our live chat or via email with content@seibert-media.net if you are in doubt, have a question, suggestion, or want changes from usapplicable law and the place of jurisdiction for all disputes arising out of or in connection with the contract shall be Wiesbaden (Germany) under the law of Germany.
19. Severability Clause
Should a provision of this contract be or become invalid, all other provisions shall remain unaffected. Such an invalid provision shall be replaced with a provision which is in line with the intention which the parties could reasonably attribute to the contract at the time of entering into said contract.