End User License Agreement
- 1 1. The Software
- 2 2. License
- 3 3. Intellectual Property and Ownership
- 4 4. Support
- 5 5. Upgrades
- 6 6. Warranty
- 7 7. Confidentiality
- 8 8. Liability of Software
- 9 9. Termination
- 10 10. Third Party Software
- 11 11. Fees and Payment
- 12 12. Changes to the Agreement
- 13 13. Entire Agreement
- 14 14. Governing Law and Dispute Resolution
This End User License Agreement (EULA) is a legal agreement that the customer must agree to in order to use the Software and purchase its license. The agreement is strictly between the customer and Shanghai DragonSoft Dynamic Technology Co., Ltd. (hereinafter referred to as “DragonSoft”).
This agreement sets forth your rights to use our Software and the conditions of such use. Failing to meet these conditions will result in termination of the agreement and the granted license will be revoked.
This agreement binds customers who download our Software either by purchasing a license or using the free trial. If the customer agreeing to the terms represents a company, said company is also bound under this agreement, and violation of the agreement by any member of the company will be deemed a violation by the company.
1. The Software
The Software refers to all software provided by DragonSoft on the Atlassian Marketplace: https://marketplace.atlassian.com/vendors/1215035/dragonsoft. This agreement entitles customers to use the aforementioned Software.
2. License
2.1 Grant of License
Subject to the terms and conditions of this Agreement, DragonSoft hereby grants you a non-exclusive, non-transferable license to install and use the Software during the license period.
2.2 Trial Restrictions
The Trial License is strictly limited to a maximum of three (3) activations or installations, and the total cumulative trial duration shall not exceed ninety (90) days.
2.3 Commercial Conversion & Extensions
Upon exceeding the aforementioned limits, the Software will cease to function. The Customer must purchase a valid Commercial License for continued compliant use. Any extension of the trial period or additional activations requires prior formal written approval from DragonSoft. Unauthorized extensions, repeated trial applications, or the use of technical means to circumvent these restrictions shall constitute a material breach of this Agreement.
2.4 Enforcement & Liability
The Customer warrants that itself and its employees, contractors, or agents will comply with the terms of this Agreement and shall be fully liable for any failure to comply with such terms.
DragonSoft reserves the right to pursue legal action against any user, entity, or trial license applicant in breach of these licensing restrictions. The scope of liability specifically includes, but is not limited to, instances where a trial license is deployed in a Production Environment or used for any non-evaluative business activities after the three-activation limit has been exceeded. The trial license applicant or the breaching party shall be held liable for the payment of unauthorized usage fees, legal costs, and all commercial damages incurred by DragonSoft.
The Software may contain certain open source software and other freely available software and materials (“Excluded Components”). Upon the Customer’s request made for a legitimate purpose consistent with this Agreement, DragonSoft will identify the Excluded Components contained in the Software. Notwithstanding anything to the contrary in this Agreement, Excluded Components are governed by the terms and conditions of the applicable licenses and/or notices provided by the third-party authors, contributors, and suppliers of the Excluded Components (“Suppliers”), and DragonSoft assumes no responsibility or liability whatsoever with respect to such Excluded Components. The Suppliers’ licenses and other notices (including instructions for obtaining source code of certain Excluded Components) may be included in the documentation accompanying the Software. The Customer agrees to comply with all such licenses and other notices. Furthermore, regardless of any terms in this Agreement or any other agreement the Customer may have with DragonSoft:
The Suppliers provide the Excluded Components “AS IS” without any warranties of any kind, and such Suppliers disclaim any and all express and implied warranties and conditions, including but not limited to warranties of title, non-infringement or non-interference, and implied warranties and conditions of merchantability and fitness for a particular purpose.
In no event shall the Suppliers be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages with respect to the Excluded Components, including but not limited to loss of data, storage loss, and loss of profits.
2.5 Scope of Use
This license permits the installation and use of the Software only for the Customer’s internal business operations, within Atlassian products under the Customer’s control. The Customer is responsible for ensuring the Software’s compatibility with Atlassian products and maintaining a valid and compatible primary Atlassian license.
2.6 Prohibited Actions
Under this license, the Customer shall not, directly or indirectly, take any of the following actions:
Edit, modify, or merge the Software (or any part thereof), create derivative works of the Software, or combine it with other software.
Disassemble, reverse engineer, or attempt to derive the source code of the Software.
Alter, remove, obscure, erase, deface, or hide any copyright, trademark, or other proprietary notice contained or incorporated in the Software.
Introduce any virus or launch a denial-of-service attack, or introduce any other code or routine that interrupts or damages the Software, alters, corrupts, or deletes any data, or retrieve or record information about the Software or its use.
Create or disseminate performance information or analysis relating to the Software.
Reproduce, duplicate, or distribute the Software for commercial purposes, except for making a single backup copy of the license.
Use the Software in any manner that violates applicable laws or regulations, infringes any person’s privacy, infringes any third-party rights (including but not limited to third-party intellectual property rights, privacy rights, and publicity rights), exceeds the scope of rights expressly granted under this Agreement, or that DragonSoft deems a violation of this Agreement, or for any illegal purpose.
3. Intellectual Property and Ownership
Neither party shall take any action intended to appropriate or perfect the other party’s intellectual property, including but not limited to filing patent, trademark, or service mark applications or copyright registrations.
DragonSoft shall have sole and exclusive ownership of the Software in its entirety. The Software in all forms, including any modifications or publications made to the Software, shall be considered property of DragonSoft. The Customer shall acquire no partial or full ownership of the Software upon being granted a license. The Customer shall not copy, modify, or distribute the Software or the license key. Any such attempt will result in the immediate termination of this license and give rise to liability for breach of contract. All copyright and property rights pertaining to the Software are reserved by DragonSoft, and DragonSoft also retains all rights, titles, interests, changes (including visuals), modifications to core software elements, and all other intellectual property rights. DragonSoft also holds all rights to grant and distribute the Software to customers and other third-party vendors.
4. Support
Upon receiving a license, the Customer is entitled to use DragonSoft’s support services. As long as the Customer’s license is active, the Customer may request assistance relating to the Software and use resources offered by DragonSoft. DragonSoft will actively provide support to customers who hold valid licenses.
If the Customer modifies or tampers with the Software in violation of the terms and conditions of this document, DragonSoft will no longer provide support for it.
When using support services, the Customer may be required to provide personal and confidential information for communication and support purposes.
5. Upgrades
Upon receiving a license, the Customer is entitled to upgrade the Software throughout the duration of the license period. DragonSoft will actively update its Software and provide an abundance of new features for customers to access through updates.
Upgrades will be available to the Customer immediately upon release, and the Customer will have the ability to download and install updates during the license period. The Customer is responsible for actively updating and maintaining the Software to keep its systems healthy.
If the Customer’s existing license has expired, it may not update the Software. If the Software has been modified or tampered with, it may not be permitted to update due to violation of the terms and conditions of this agreement.
6. Warranty
Upon receiving a license, the Customer may install the Software at its discretion. The Software is provided as an out-of-the-box software that can be used, but no replacement will be provided.
DragonSoft does not warrant that the Software will meet the Customer’s requirements, that all errors will be corrected, or that data will not be lost.
With respect to Software failures and any issues that may arise with your Atlassian products, DragonSoft will actively provide support for the Software and resources to fix common issues.
7. Confidentiality
The Software contains information that DragonSoft considers proprietary and/or confidential (collectively, “Confidential Information”). In addition, during the term of this Agreement, DragonSoft may disclose certain other Confidential Information to the Customer.
The Customer will keep DragonSoft’s Confidential Information confidential and will use its best efforts to protect such information. The Customer will use the Confidential Information solely for the purpose of performing its obligations under this Agreement. The Customer will not disclose the Confidential Information to any person, except that if the Customer is an entity, it may disclose the Confidential Information to its employees and independent contractors who need to know such Confidential Information to perform the terms of this Agreement and who are bound by a written confidentiality agreement with the Customer that protects such Confidential Information to a degree no less than this Agreement.
Upon termination of this Agreement, the Customer will return to DragonSoft all Confidential Information in its possession (including all copies), or destroy all Confidential Information (including all copies) as instructed by DragonSoft, and the Customer (or, if the Customer is an entity, an officer of the Customer) will certify such destruction to DragonSoft.
The foregoing obligations of confidentiality and non-use do not apply to any Confidential Information that the Customer can prove by competent evidence: (a) was publicly known at the time of disclosure or becomes publicly known after disclosure through no fault of the Customer; or (b) was in the Customer’s unrestricted possession prior to disclosure under this Agreement.
The Customer may disclose Confidential Information pursuant to an order of any court or governmental agency of competent jurisdiction, provided that prior to such disclosure (unless prohibited by law) the Customer notifies DragonSoft of such order and provides DragonSoft reasonable assistance to prevent or limit such disclosure.
The Customer agrees that its obligations under this section are necessary and reasonable for the protection of DragonSoft and its business, and that monetary damages would be inadequate to compensate DragonSoft for any breach of such obligations by the Customer. Accordingly, the Customer agrees and acknowledges that any such breach or threatened breach will cause irreparable harm to DragonSoft and that, in addition to any other remedies available at law, in equity, or otherwise, DragonSoft shall be entitled to seek injunctive relief against the Customer’s continuing breach or threatened breach of its obligations under this section without the need to prove actual damages.
8. Liability of Software
To the extent permitted by law, DragonSoft shall not be liable for any loss occurring during the use of the Software. Any loss (including loss arising from the Customer’s systems or any hardware, or loss of production time, data loss, loss of profit, loss of use, or any damages for business interruption), damage, or cost shall not be the responsibility of DragonSoft.
9. Termination
The terms and conditions of this agreement take effect upon the first use of the Software. The terms and conditions of this agreement will remain in effect throughout the duration of the use of the Software.
Uninstalling the Software will ultimately terminate the agreement. Violation of any of the terms and conditions of this EULA will result in termination of the agreement. In such event, the licenses provided by DragonSoft will be terminated and the Customer agrees to revoke its privilege to use the Software.
If none of the above events occur, this EULA will not be terminated.
10. Third Party Software
The Customer must acknowledge that the Software may use copyrighted software of DragonSoft’s affiliates, which is obtained under a license from said third-party suppliers. All rights pertaining to third-party software used by the Software, including all copyright and intellectual property rights, are held by the third-party suppliers.
11. Fees and Payment
All fees, payments, and the purchase and download of the Software shall be done through the order process on the Atlassian Marketplace.
The Customer shall, at its own expense, provide all equipment, operating systems, and software (including web browsers) necessary to use and access the Software in accordance with the technical requirements set forth in DragonSoft’s documentation.
12. Changes to the Agreement
DragonSoft may periodically update or modify the terms and conditions of this agreement. Changes that materially affect the Customer’s rights and privileges will be notified.
The new terms of the changes made to the agreement will become effective for the Customer upon renewal of their respective license. At that time, the Customer must agree to the new terms and conditions before renewing its license. If the Customer chooses not to agree to the terms and conditions, it may choose not to renew its license.
13. Entire Agreement
This Agreement constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, representations, understandings, or agreements. Neither party has relied on any representation, warranty, or promise not expressly set forth in this Agreement.
14. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the People’s Republic of China, without regard to its conflict of laws principles. Any dispute arising out of or relating to this Agreement shall first be resolved through good-faith negotiations. If the dispute cannot be resolved within thirty (30) days after either party receives a written notice of dispute from the other party, either party may submit the dispute to the competent court located in DragonSoft’s domicile for litigation.