Last updated: January 10, 2022
Please read this End User License Agreement ("Agreement") carefully before downloading or using any Atlassian Marketplace App ("Application") made available to you by O'Hara Group.
By downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and O'Hara Group and it governs your use of the Application made available to you directly by O'Hara Group or indirectly through an authorised reseller or distributor ("Reseller").
If you do not agree to the terms of this Agreement, do not download or use the Application.
The Application is licensed, not sold, to you by O'Hara Group for use strictly in accordance with the terms of this Agreement.
No other right, title or interest is granted except as expressly stated in this Agreement.
O'Hara Group grants you a revocable, worldwide, non-exclusive, non-transferable, non-assignable, non-sublicenseable, limited license to download, install and use the Application solely for your own business purposes or personal use strictly in accordance with the terms of this Agreement.
If you register for a free trial of the Application, this Agreement will also govern that trial. By installing and/or using the Application, you are agreeing to become bound by the terms of this Agreement.
License is granted subject to the condition that you must ensure the maximum number of the Authorized Users that are able to access and use the Application concurrently is less or equal to the number of users for which the necessary fees have been paid. The maximum number of the Authorized Users will be determined by the license tier you have chosen when ordering the Application.
You acknowledge that the Application will only function if its license tier matches the tier of the Atlassian Product the Application is used with.
You shall purchase a separate license and use a separate instance of the Application for each instance of the Atlassian Product.
You may make and use one copy of the Application for disaster recovery or business resumption purposes.
You are not permitted to:
O'Hara Group shall at all times retain ownership of the Application as originally downloaded by you and all subsequent downloads of the Application by you. The Application (and the copyright, and other intellectual property rights of whatever nature in the Application, including any modifications made thereto) are and shall remain the property of O'Hara Group.
O'Hara Group reserves the right to grant licences to use the Application to third parties.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that O'Hara Group shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. O'Hara Group does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
To the fullest extent permitted by law, in no event will O'Hara Group be held liable for any loss of damage, direct or indirect, consequential or incidental resulting from the use of the software and documentation or the inability to use the software or documentation, including, without limitation, the loss or alteration of data, loss of profit, interruption of business and loss of employee work time. This exclusion of the liability of O'Hara Group will prevail even when you advise of the possibility of such damages or losses.
The software and documentation are delivered "as is" and O'Hara Group makes no express warranties and disclaims all implied warranties with respect to the software and documentation.
O'Hara Group does not warrant that the software will operate without interruption or be error free nor does it make any warranties relating to the use, performance or results that may be obtained through the use of the software or documentation.
You accept responsibility for the use of the software and the results obtained therefrom. Besides, you agree that, as part of your use of the software, you are responsible for any direct and/or indirect consequences or damages resulting from your use of the software.
O'Hara Group agrees to indemnify and hold you harmless from claims by third parties alleging that the software infringes such third party's copyright or trademark and shall pay damages finally awared by a court of competent jurisdiction against you for such a claim or, if such a claim is settled, the settlement amount, provided that prompt notice of such claims is given to O'Hara Group, that O'Hara Group is given sole control of the defense of such claim and that you cooperate reasonably with O'Hara Group. This is your sole and exclusive remedy for any claims of intellectual property infringement by third parties.
You agree to indemnify and hold harmless O'Hara Group and its affiliates, employees and representatives for any damages or losses (including reasonable legal counsel fees and expenses) arising of your use, or any authorised user's use, of the software in breach of this agreement.
This Agreement shall remain in effect until terminated by you or O'Hara Group.
O'Hara Group may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from O'Hara Group, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
Termination of this Agreement will not limit any of O'Hara Group's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
O'Hara Group reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
The laws of New South Wales, Australia, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
If you have any questions about this Agreement, please contact us.
The Agreement constitutes the entire agreement between you and O'Hara Group regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and O'Hara Group.
You may be subject to additional terms and conditions that apply when you use or purchase other O'Hara Group's services, which O'Hara Group will provide to you at the time of such use or purchase.