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End User License Agreement
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Preamble
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Introduction
The subsequent conditions are applicable to the contractual agreement between f3publishing GmbH, located at Hessenring 109, 61348 Bad Homburg vor der Höhe, Germany (hereafter referred to as "f3publishing"), and the individual or organization purchasing the software (hereafter referred to as the "Buyer"), for the initial license under clause 1(1) for the //SEIBERT/MEDIA f3publishing software, irrespective regardless of whether the Buyer is a natural or legal person. However our Software However, the software offer is directed exclusively to intended for legal entities under public law, special legal funds under public law, or entrepreneurs.
These terms come into force will take effect as soon as the Buyer receives the initial software license key from //SEIBERT/MEDIA f3publishing or another authorized third party authorized to transfer the license key. By downloading, installing, or using the software, the Buyer acknowledges the validity of that they are bound by the following provisions as binding.
The software is protected safeguarded by German copyright law (§§ 69a ff. UrhG). The copyright with regard , and the copyright in respect to the purchased software is subject to this contract.
Any conflictingUnless f3publishing expressly consents to their validity in writing, any contradictory, deviating, or supplementary provisions proposed suggested by the Buyer shall will not become be considered part of the contract, unless //SEIBERT/MEDIA expressly agrees to their validity in writing..
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(A) Properties and Rights
1.
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Objective
1.1 This contract covers agreement pertains to the usage rights of use of the //SEIBERT/MEDIA Atlassian apps the f3publishing Atlassian applications and the maintenance services that //SEIBERT/MEDIA f3publishing provides for the //SEIBERT/MEDIA Atlassian apps f3publishing Atlassian applications (hereinafter referred to as "software") purchased obtained by the Buyer. An overview A summary of the current software that //SEIBERT/MEDIA 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, instruction, training, customization of the software or any other service are not part of this contract. If //SEIBERT/MEDIA offers such services, they are to provided by f3publishing is available at the f3publishing GmbH Vendor Account.
1.2 Other services, such as software installation, guidance, training, customization, or any other service, are not included in this agreement. If f3publishing does provide such services, they must be agreed upon separately in writing.
2.
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Permission for Usage, Multiple
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Usage, and Networked Usage
2.1 The Buyer software may use be used by the software buyer on any hardware available to them. If the Buyer changes In the event that the buyer replaces their hardware, they must delete remove the software from where it was installed on their its previous installation on the old hardware.
2.2 It is prohibited to provide The distribution of the software to more users than contractually agreed. If the number of users exceeds the contractually agreed upon number of users, agreed upon in the contract is strictly prohibited. In the case that the number of users exceeds the contractually agreed number, the buyer must purchase a higher user-number package must be purchased. The Buyer agree to buyer must pay the difference between the initial purchased number purchase of users and the price of the higher user-number package, which is valid at the time of the initial purchase.
2.3 Simultaneous installation, storageIt is not permitted to install, store, or use the software simultaneously on more than one piece of hardware is not permitted.
3.
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Authorized Reproduction and Restrictions on Access
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3.1 The Buyer may buyer is allowed to duplicate the software , only where the respective duplication it is necessary to allow the contractually agreed upon use use the software according to the terms of the softwarecontract. Necessary duplication includes in particular the development and testing of systems within the same IP ranges (network); For this purpose or network. The buyer may generate any number of developer keys (or developer licenses ) may be generated, insofar as long as the respective booked number of users is does not more than exceed the purchased number of users purchased. Necessary duplicates also include the installation of the software after downloading it to a storage medium, as well as loading it thereafter into main memory thereafter.
3.2 The Buyer buyer agrees to take suitable precautions appropriate measures to prevent any unauthorized third-party access to the software by third parties. The Buyer’s buyer must keep the license key is to be kept in a place secured against any secure location to prevent unauthorized access by third parties. The Buyerbuyer's employees are required to comply with the present terms of this contract as well as with the contract and copyright law (duty of care).
4. Program Recompilation and
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Modifications
4.1 The recompilation of the software code into other code formats, as well as any other form of reverse engineering of the different production stages of the software, to include any including program modification, is permitted only for private use only, in particular, to rectify errors. Private use within the meaning of , as defined by this regulation, limits the use of the software for professional or commercial purposes to the Buyer buyer or their employees , and is not intended to be exploited commercially and prohibits its commercial exploitation in any way.
4.2 The removal of copy protection or similarly any other protective measures is only permitted in instances where this protection mechanism allowed if it has affected or prevented the undisturbed usage of the software, in particular where use by . This removal is particularly necessary where the purchased number of users is impaired or hindered. The buyer bears the burden of proof regarding any impairment or hindrance to the undisturbed usage of the software caused by any protective measures lies with the Buyer.
4.3 Copyright notices and other features used for software identification may must not be removed or changedaltered.
5.
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5.1 The Buyer may permanently sell the software and the other accompanying material to third parties, provided that the acquiring third party agrees to the present terms of the contract.
5.2 As a consequence of the transfer, the right of the previous Buyer to use the software expires.
5.3 The previous Buyer is obliged to provide //SEIBERT/MEDIA with the name and the full address of the new buyer in writing.
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Intellectual Property Ownership
f3publishing shall retain ownership of all marketing materials, software or electronic media, methodologies, strategies, research, and designs provided under this Agreement. f3publishing also reserves the right to utilize any programming tools, skills, content, methodologies, strategies, and techniques employed in fulfilling its obligations under this Agreement in any manner it deems fit. However, any data content generated using the software shall remain the property of the content's author.
6. Transfer of Ownership and Prohibited Sub-Licensing
6.1 The Buyer is permitted to sell the software and accompanying materials to third parties permanently, provided that the acquiring third party agrees to the present terms of the contract.
6.2 Upon transfer, the previous Buyer's right to use the software expires.
6.3 The previous Buyer must provide f3publishing with the name and full address of the new buyer in writing.
6.4 The Buyer is prohibited from renting, leasing, sublicensing or assigning the software, any duplicates and other objects and resources provided under the contract to third parties.
56.5 The Buyer may not pass on transfer the software or license key to third parties if there is a reasonable suspicion that the third party will violate the terms of the contract, in particular, unauthorized copying and manipulative changes to the software. This also applies to the Buyer's employees as well.
6. Ownership
The ownership of marketing materials, any software or electronic media, methodologies, strategies, research and designs shall remain with //SEIBERT/MEDIA. //SEIBERT/MEDIA 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 offers the following services to the Buyer free-of-charge for the software after the acquisition of the initial license
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(B) Maintenance and Support
7. Support Channels
7.1 Support channels provided by f3publishing are limited to:
Public Documentation: https://f3publishing.atlassian.net/l/cp/A1PWoDhm
Public Helpdesk: https://f3publishing.atlassian.net/servicedesk/customer/portal/4
Support E-Mail: pluginsupport@f3publishing.de
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Included Support Services: Specified in Paragraph (B), clause 10 |
8. Maintenance Services during the Initial License Period
8.1 During the initial license period of 12 months, f3publishing provides the following maintenance services free of charge to the Buyer for the software as part of the software maintenance contract:
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Offer new software updates (updates)
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for the software that are released
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Provide technical support for troubleshooting and error resolution (hereinafter referred to as "Support" or "Support Services") for the software during the support hours
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stated in Paragraph (C) clause 11 (3)
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through the support channels listed in
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8.2 After acquiring the initial license for the software has been acquired, the Buyer has a right to claim is entitled to request software maintenance services from //SEIBERT/MEDIA f3publishing for a period of 12 months for that software. During this maintenance period, the The support channels listed in clause 9 shall Paragraph (B) clause 7 must be used during this maintenance period.
78.3 After the expiry Upon expiration of the 12 months -month maintenance period referred to in paragraph mentioned in Paragraph (A) clause 2, software maintenance may be extended in accordance with Paragraph (B) clause 89.
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9. Renewing Software Maintenance
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8.1 The Buyer may renew The process of renewing the provision of support services for one or more of the //SEIBERT/MEDIA apps they have purchased at any time by a further 12 months f3publishing apps is available to the Buyer at any time. This can be done by purchasing a software maintenance renewal . The purchased software maintenance renewal that is subject to the provisions of this contract in the same way same terms and conditions as the initial maintenance period. 8.2 Irrespective of the date of the software maintenance renewal, the The duration of the new software renewed maintenance period is 12 months and begins with , starting from the first day after the end of the last previous maintenance period ends and ends with concluding on the last day of the 12-month renewal period, regardless of when the renewal was purchased.
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10. Included Support
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Services
910.1 //SEIBERT/MEDIA offers solely the following support channels:
Publicly accessible documentation at:
http://seibert.biz/documentationPublicly accessible Helpdesk for registering new support tickets at:
https://support.seibert-media.netEmail address for registering new support tickets at:
help@seibert-media.net
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:
Priority 1: 2 hours
Priority 2: 8 hours
13.3 The response times are //SEIBERT/MEDIA’s declared aspiration. In particular with regard to the provision of clause 12 (2), //SEIBERT/MEDIA 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.
13.4 For our international customers: Although our guaranteed service hours are European times, we do offer support internationally at quite swift answer rates. At the time of writing this passage we performed as follows within the last 12 weeks: Median response time: 15m, Median first response time: 32m, Median time to close: 57m, Satisfaction score: 86 out of 100. These numbers include a 24/7 time span and show, that we're also doing support out of the legally guaranteed service hours. In addition it may be helpful for you to know, that we do employ full-time employees in USA that do support as well. Please note that these numbers are subject to change. If you have questions about this, please do not hesitate to contact usThe support services offered by f3publishing include:
Error Analysis and root cause identification
Investigating software problems with customer assistance if necessary
f3publishing is not obligated to provide any other services, such as:
installation assistance
customization
programming
consulting
training
unless they are agreed upon in writing and paid for separately.
10.2 f3publishing is responsible for resolving reproducible errors in the software according to applicable industry standards, but it does not guarantee success regarding the error resolution. Every problem that significantly affects the software's data stability, functionality, or usability is to be classified as “error”. If a problem cannot be reproduced, the parties try to agree on a course of action
10.3 f3publishing is not obligated to perform support services for:
Errors resulting from unauthorized modifications or alterations to the software
Errors caused by the use of outdated software versions or faulty error solutions
Errors in software versions released more than 12 months before the report of the error
Errors resulting from unauthorized use or incorrect operation of the software
Errors occuring from End-of-life software
Errors occuring from release candidates
Errors occuring from development releases
Errors occuring from beta versions
Errors occuring from Hardware defects
Use of the software on hardware and operating system environments not specified in the Atlassian documentation for supported environments
Alterations made to the software by the Buyer in breach of the contract
Alterations to the software made by non f3publishing technicians without prior written consent
Disruptions caused by force majeure or similar circumstances
10.4 The Buyer must ensure a data backup solution to ensure data recovery in an adequate form suited to the Buyer technical standards.
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(C) Availabilities, Classifications Levels and Response Times
11. Requirements for Error Reporting, Cooperation, and Support Availability
11.1 The Buyer has an obligation to immediately report any errors that arise while using the software, with a detailed description of the issue, through the support channels provided in Paragraph (B) clause 7.
11.2 To ensure the successful execution of the support services, the Buyer is required to fully and punctually cooperate with f3publishing. The obligation to cooperate includes the following:
Compliance with all applicable laws and regulations, including the prohibition of transferring data or content that violates any legal provisions or infringes third-party property rights, copyrights or other rights;
Providing all relevant documentation, log files, and other information without delay when reporting an error;
Only transmitting data free from computer viruses or other harmful code;
Not using any software, technologies, or procedures that could adversely affect the operation, security, or availability of the software.
11.3 f3publishing is available to receive error reports during support hours on workdays from 09:00 to 17:00 (CET/CEST), which include Monday to Friday except for public holidays in the state of Hessen, Germany, and 24 December and 31 December.
11.4 Processing of support cases, including response and resolution times specified in Paragraph (C) clauses 13 and 14, will be carried out during the support hours outlined in Paragraph (C) clause 11 (3).
12. Error Classification Levels
12.1 When error reports are received, support cases will be processed within the response and resolution times specified in Paragraph (C) clauses 13 and 14. The response and resolution times are dependent on the classification level of the error, and the following error classification levels apply:
Priority 1: Critical error. The software cannot be used or is significantly limited, and no functional workaround can be found.
Priority 2: Other disturbances. Any other problems with the software.
12.2 f3publishing is committed to resolving all support cases promptly. Priority 1 errors will always be given priority over priority 2 errors, regardless of when they were reported in the support system.
13. Response Time
13.1 Upon receiving a report of an error within the agreed support hours, the response time is the duration between the receipt of the support request and the first action taken by f3publishing. If a report is received outside of the agreed support hours, the response time begins at the start of the next support period.
13.2 f3publishing aims to provide the following response times depending on the error level:
Priority 1 & 2: 1 Business Days
13.3 The stated response times are f3publishing's goal, and while they will strive to meet these times, they do not guarantee compliance. Non-compliance with the response times does not give the Buyer the right to reduce the price, claim reimbursement, terminate, or seek compensation.
13.4 For international customers, although the guaranteed service hours are based on European time, f3publishing offers support internationally with fast response rates.
14. Resolution Time
14.1 The resolution time is refers to the maximum time before troubleshooting resolves the error duration until an error is resolved or a workaround is implemented, after the start of work on a support case.
14.2 //SEIBERT/MEDIA shall strive for the following resolution times according to the error classification levels:
Priority 1: 16 hours
Priority 2: 40 hours
14.3 Clause 13 (3) shall apply accordingly., starting from the beginning of work on a support case.
14.2 Depending on the error classification levels, f3publishing aims to achieve the following resolution times:
Priority 1: 2 Business Days
Priority 2: 5 Business Days
14.3 Clause 13 (3) applies accordingly, meaning that f3publishing does not guarantee compliance with the stated resolution times and any non-compliance does not entitle the Buyer to
reduce the price
claim for reimbursement
terminate the contract
or seek any other form of compensation.
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(D) Limitation, Termination and General Agreement Clauses
15. Limitation of liability
//SEIBERT/MEDIA shall be liable f3publishing's liability for damages resulting arising from this contract, for whatever actual any legal or legal factual reasons, only in accordance with is subject to the following regulations:
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provisions:
f3publishing shall be liable without
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limitation in the case of willful intent, gross negligence, or claims under the German Product Liability Act.
In cases where f3publishing has culpably breached a material contractual obligation, liability per calendar year shall be limited to
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foreseeable
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damages at the time of contract conclusion
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, up to a total amount for all damages per calendar year
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that corresponds to 100% of the purchase price paid by the Buyer in
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that calendar year,
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provided that the Buyer can
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demonstrate the damage.
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A material contractual obligation is one that is crucial to the proper performance of the contract
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and
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upon which the Buyer
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relied and could reasonably
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expect to be fulfilled. This limitation of liability also applies to data loss and data corruption.
Liability
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for negligent breach of non-
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material contractual obligations
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is excluded.
Furthermore, f3publishing agrees to indemnify and hold the Buyer harmless from any
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claims, suits,
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or
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proceedings based on a claim that
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the f3publishing software infringes any third party's
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intellectual property rights, including trademarks, copyrights, and patents. The maximum amount of damages for which f3publishing is liable in such cases is subject to the same limitation as described in the previous paragraph.
16. Termination
//SEIBERT/MEDIA shall be entitled f3publishing reserves the right to terminate the obligation of providing the agreed on Maintenance Services (clauses as per Paragraph (B) clause 7 et. seq.) without notice in particular, if, in the event of the following:
Unauthorized sharing of access data for the use of the software was made accessible to software use with third parties, without the f3publishing's prior consent of //SEIBERT/MEDIA;the Buyer breaches their obligations under this contract, and despite .
The Buyer's breach of contractual obligations, and if after 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.
17. Written Agreement
All agreements are contained within this contract.
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.
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and warning, the infringement is not rectified or appropriate measures are not taken to prevent the breach from happening again in the future.
17. Agreement in Writing
All the terms and conditions agreed upon by the parties are contained within this contract.
18. Jurisdiction and Governing Law
The law of Germany shall govern this contract and any disputes arising out of or relating to it shall be resolved exclusively in Bad Homburg vor der Höhe (Germany).
19. Severability clause
In the event that any provision of this contract is found to be invalid or unenforceable, the remaining provisions of this contract shall remain in full force and effect. The parties shall work to replace the invalid or unenforceable provision with a valid and enforceable provision that is consistent with the intent of the parties at the time of entering into this contract.