Creately for FogBugz EULA

END-USER LICENSE AGREEMENT FOR CREATELY FOR FOGBUGZ PLUGIN

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL:

Cinergix Pty. Ltd. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Cinergix Pty. Ltd. for the Cinergix Pty. Ltd. software product identified above which may include associated software components, media and documentation ("Software"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA.

This license agreement represents the entire agreement concerning the program between you and Cinergix Pty. Ltd., (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the Software.

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.

 

1. GRANT OF LICENSE. 
The Software is licensed as follows: 
(a) Installation and Use.
Cinergix Pty. Ltd. grants you a non-exclusive, non-transferable, revocable license to use the Software on any single computer having a valid licensed installation of FogBugz Server from FogCreek Software Inc. provided the Software is in use on only one computer at any time. The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer--for example, a hard disk, CD-ROM or other storage device.

(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes only provided each copy and original is kept in your possession and your installation and use of the Software does not exceed that allowed in section 1.(a) Installation and Use.

 

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the Software.

(b) Distribution.
You may not distribute registered copies of the Software to third parties.

(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the Software. 

(d) Rental.
You may not rent, lease, sub license, or lend any portion of the Software.

(e) Support Services.
Cinergix Pty. Ltd. may provide you with support services related to the Software ("Support Services"). Any supplemental software components, media and documentation provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this EULA. 

(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the Software.

 

3. TERMINATION 
This Agreement takes effect upon your acceptance of the terms of this Agreement and remains effective until terminated by either party in accordance with this Agreement. You may terminate this Agreement at any time by destroying all copies of the Software and Documentation in your possession and giving us prompt notice of your decision to terminate the license and your compliance with the terms of termination. This Agreement will automatically terminate if you fail to comply with any term or condition of this Agreement. Upon termination of this Agreement, you warrant and represent that you will immediately destroy all copies of the Software and Documentation or other materials provided to you hereunder, if any, that are still in your possession and provide us prompt written assurance of your compliance with these conditions.

 

 4. COPYRIGHT
All title, including but not limited to copyrights, in and to the Software and any copies thereof are owned by Cinergix Pty. Ltd. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Cinergix Pty. Ltd.

 

5. NO WARRANTIES
Cinergix Pty. Ltd. expressly disclaims any warranty for the Software. The Software is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness for a particular purpose. Cinergix Pty Ltd does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software. Cinergix Pty. Ltd. makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Cinergix Pty. Ltd. further expressly disclaims any warranty or representation to Authorized Users or to any third party.

 

6. LIMITATION OF LIABILITY
In no event shall Cinergix Pty. Ltd be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the Software, even if Cinergix Pty. Ltd. has been advised of the possibility of such damages. In no event will Cinergix Pty. Ltd. be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Cinergix Pty. Ltd. shall have no liability with respect to the content of the Software or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

 

7. CONFIDENTIALITY
Non Disclosure. You agree and acknowledge that the Software, its algorithms, protocols or interfaces, and the Documentation constitute proprietary and confidential information that belong to us (the "Confidential Information"). You also understand and agree that misuse and/or unauthorized disclosure of our Confidential Information could adversely affect our business. Accordingly, you agree that at all times you will (a) use and reproduce the Confidential Information only for the purposes of this Agreement and only to the extent necessary for such purpose; (b) restrict disclosure of the Confidential Information to your employees, consultants or independent contractors with a need to know and (c) not disclose the Confidential Information to any third party without our prior written approval. Notwithstanding the foregoing, it shall not be a breach of this Agreement for You to disclose Confidential Information if required to do so under law or in a judicial or other governmental investigation or proceeding, provided however, that You give us prior notice of the disclosure sought and You seek all reasonably available safeguards against widespread dissemination prior to such disclosure.

Remedies. You acknowledge that any violation of this paragraph will cause us immediate and irreparable harm and that the damages which we will suffer may be difficult or impossible to measure. Therefore, upon any actual or impending violation of this paragraph, we shall be entitled to the issuance of a restraining order, preliminary and permanent injunction without bond, restraining or enjoining such violation by you, your successors or assigns or any entity or person acting in concert with you. Such remedy shall be additional to and not in limitation of any other remedy which may otherwise be available to us by law.



GENERAL PROVISIONS
1. This Agreement constitutes the entire agreement between you and us concerning the Software and Documentation and supersedes any prior or contemporaneous negotiations, discussions, understandings, purchase orders, communications, advertising or representations concerning the subject matter hereof.

2. This Agreement may be modified from time to time without notice.

3. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorneys' fees and expenses from the other party.

4. This Agreement shall be governed by the laws of the state of Victoria, Australia, excluding its choice of law rules.

5. All disputes arising out of or in connection with this Agreement shall be submitted to arbitration under the Rules of Conciliation and Arbitration of the International Chamber of Commerce (the "ICC"). The arbitrator or arbitrators shall be chosen in accordance with the ICC rules. The arbitration proceedings shall take place in Melbourne, Victoria, Australia. Unless otherwise agreed between the parties, the language of all arbitration proceedings shall be English. Judgment on the award of the arbitrator (s) may be entered in any court of competent jurisdiction.