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Terms and Conditions

Last updated: Feb 2, 2021
IMPORTANT: THESE TERMS CONTAIN EXCLUSIONS AND LIMITATIONS OF LIABILITY

1. Terms of use

These terms and conditions (“Terms”) shall govern your access and use of the websites operated by Adaptavist Group LTD and its affiliates (collectively, “Adaptavist”), including adaptavist.com, library.adaptavist.comdocs.adaptavist.compc.adaptavist.com (each a “Website” and collectively the “Websites”), as well as your access and use of related Materials (as defined below) on the Websites.

Each individual Website may also contain notices or supplementary terms and conditions of various forms, in which case terms outlined in such notices or terms and conditions, in combination with the terms below, shall then constitute the “Terms.” If there is a conflict between the notices or supplementary terms found on an individual Website and the terms below, the notices or supplementary terms on an individual Website shall take precedence with respect to your use of that Website.

By accessing or using a Website or the Materials provided on a Website, you agree to follow and be bound by these Terms, as well as Adaptavist’s Privacy Policy.

Adaptavist may update these Terms from time to time without notice to you. Amendments to these Terms will be effective upon publication to the relevant Website and operate as a condition of your continued use of the Website or Materials. You must review Adaptavist’s Terms whenever you use the Website or Materials. Use of the Website will be subject to the current version of the Terms available on the Website at the time of such use.

2. General Use Restrictions

All products, goods, software, scripts, and services (including hosted software as a service or similar services) are known as the “Software”. All documents, web pages, logos, blogs, videos, graphics, sounds or images are known as “Content.” Software and Content, together, along with anything else on the Website, are known as “Materials,”; all Materials on the Website were provided by Adaptavist or to Adaptavist by the respective manufacturers, authors, developers and vendors of the Materials (the “Third Party Providers”). All Materials are the copyrighted work of Adaptavist and/or the Third Party Providers. Except as stated herein or expressly on the Website, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Adaptavist and, if applicable, the Third Party Provider.

For avoidance of doubt, you also may not, without Adaptavist’s prior express written permission, link to or “mirror” any Website or any Material contained on a Website. Furthermore, any usage rights for Adaptavist products shall be subject to rights and restrictions as detailed within the published EULA and/or terms associated with that product.

2.1. No License

Furthermore, nothing on this Website shall be construed as conferring any license under any of Adaptavist’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

2.2. Unauthorised or unlawful use

Any unauthorised use of any Materials contained on the Website may violate copyright laws, intellectual copyright laws, trademark laws, the laws of privacy and publicity, and various regulations and statutes.

You agree not to use this site nor any Materials for any unlawful purposes, or for any purposes that would violate the Terms.

2.3. Your content

You agree that any material that you upload or otherwise share on or through the Website is material for which you have the right and authority to share. Unless otherwise specifically stated in these Terms, you grant Adaptavist a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the material for whatever purposes, commercial or otherwise, Adaptavist chooses.

2.4. Your use of the site

You agree to use the Website in a reasonable and obvious way for which it was established, and not in any way that might overload or stress the site. You furthermore agree not to attempt to reverse engineer any part of the site or gain access to areas of the site or Materials to which you are not clearly entitled.

3. Third Party Content Disclaimer

Materials provided by Third Party Providers have not been independently authenticated in whole or in part by Adaptavist.

Adaptavist is committed to respecting others’ intellectual property rights, and we require our users to do the same. Adaptavist may, at its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others’ intellectual property rights.

If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please contact us at https://www.adaptavist.com/contact/.

4. Links to Third Party Sites

This Website may be linked to other websites which are not under the control of and are not maintained by Adaptavist. Adaptavist is not responsible for the content of those sites. Adaptavist is providing these links to you only for your convenience, and the inclusion of any link to such sites does not imply endorsement by Adaptavist of those sites. You bear all risks associated with your access, or use, of those sites and any third party content, products and services available on or by means of those sites.

5. Disclaimer of Warranty

Unless otherwise explicitly stated, the Website and Materials are provided 'as is', and all express or implied conditions, representations and warranties, including any implied warranty of merchantability, accuracy, fitness for a particular purpose, or non-infringement are disclaimed to the maximum extent permitted by law. Adaptavist makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of any of the Content, nor that access to or use of the Website or any Software shall be uninterrupted or without delays or errors.

6. Limitation of Liability and Exclusion of Consequential Loss

Adaptavist shall not be liable for any loss or interruption of business, revenue, profits, use, data, wasted expenditure or other economic advantage, nor any indirect, punitive, special, incidental, or consequential damages suffered as a result of using the Website. The foregoing exclusion shall apply however such liability arises, whether for breach of contract, tort (including negligence), strict liability, statutory duty or any other legal basis, even if Adaptavist has been previously advised of the possibility of such damage. You shall hold Adaptavist harmless from any claims by yourself or your customer(s) for such losses.

The remedies set forth herein are exclusive, and Adaptavist’s aggregate liability whether for breach of contract, tort (including negligence), strict liability, statutory duty or any other legal basis shall not exceed £10 (ten British pounds) and you shall hold Adaptavist harmless for all losses in excess of this sum.

7. Indemnity

You agree to indemnify and hold harmless Adaptavist and its affiliates, officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys' fees and costs, due to or arising out of any material that you share, your violation of these Terms, or any additional rules, guidelines or terms of use posted for a specific area of a Website or Material provided on or through a Website, or your violation or infringement of any third party rights, including intellectual property rights.

8. Local Laws; Export Control

Adaptavist controls this Website from England, United Kingdom and makes no representation that the Materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

You acknowledge and agree that Materials are subject to the Laws of England and Wales. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorised by the UK Government.

9. Applicable Law

Any action related to these Terms will be governed by the law of England and Wales. Any disputes relating to these Terms will be governed by and construed in accordance with the applicable laws of England and Wales and shall be submitted to the exclusive jurisdiction of the English courts. Notwithstanding the foregoing, Adaptavist may bring a claim for equitable relief in any court with proper jurisdiction. If any of these terms are found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties and no other terms will be modified. Adaptavist's failure to enforce any of the terms in these Terms is not a waiver of such terms. The Terms are the entire agreement between you and Adaptavist and supersede all prior or contemporaneous negotiations, discussions or agreements, written or oral, between you and Adaptavist about the Website.

The proprietary rights, disclaimer of warranties, indemnities and limitations of liability shall survive any termination of the Terms.

10. Changes to the Website

Adaptavist and the Third Party Providers may make improvements and/or changes to the Software (and any prices) on this Website at any time without notice.

In addition, changes are periodically made to a Website to replace/update existing Content or add new Content, or in general alter or remove Materials of any kind (including Software).

11. Appendix 1 – Supplementary Terms Applicable to Use of the Adaptavist Library Website

11.1. Terms of Use

Please note these terms are an extension of the Terms described in “Adaptavist Website Terms and Conditions of Use.” The terms of this Appendix shall additionally apply for access to and use of the Adaptavist Library Website located at https://library.adaptavist.com, including any of its related or child pages or sites (the “Library Website”), as well as your access and use of Scripts made available by Adaptavist on the Library Website.

In the event of any conflict between the terms of this Appendix and the preceding Terms, the terms of this Appendix shall prevail.

“Scripts” shall mean the code made available to copy and use from the Library Website. For Atlassian related code, this includes all variants, including Cloud code, Server code and Data Center code. Scripts also means any other materials expressly stated as being available for you to copy and use from the Library Website, which may in turn include Groovy script files, XML files, JSON and ZIP files. For clarity, Scripts shall not include licensed software which is independently marketed elsewhere, either by Adaptavist or any third party, the terms of which shall be according to the Adaptavist EULA or other third party license agreement as applicable.

If, during the course of using the Library Website (such as while uploading Scripts), you are redirected to another website to complete a function associated with your use of the Library Website, these Terms will still apply to your use of the Library Website and the Scripts, unless you are expressly informed by the related site of any additional terms with which you must comply. In the event of any conflict between these Terms and the additional terms of another website, these Terms shall prevail.

11.2. General Use Restrictions

The Scripts made available to you on this Library Website were provided by Adaptavist or to Adaptavist by their respective manufacturers, authors, developers and vendors (the "Third Party Providers") and are the copyrighted work of Adaptavist, and/or (if specifically noted where the Script is made available) the Third Party Providers.

Use of Scripts is strictly subject to your compliance with the terms of the ‘3 Clause BSD License’ available at; https://opensource.org/licenses/BSD-3-Clause.

11.3. Software Scripts: Ownership and Intellectual Property Rights

If contributing Scripts to the Library Website, unless otherwise agreed in writing between you and Adaptavist:

  1. the property of all Scripts (including the intellectual property rights therein) shall all vest solely with Adaptavist and you disclaim any ownership right therein;
  2. Adaptavist shall make the Scripts publicly available under the 3-Clause BSD License;
  3. Adaptavist shall have a royalty-free, transferable, sub-licensable, worldwide, perpetual right to license, test, host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of such Scripts.

If you upload any Scripts to the Library Website you represent and warrant that:

  1. you have all necessary rights to submit the Scripts to the Library Website and grant the licenses set forth herein;
  2. Adaptavist will not need to obtain licenses from any third party or pay royalties to any third party;
  3. the Scripts do not infringe any third party rights;
  4. submission of Scripts complies with these Terms and all applicable laws.

For the avoidance of doubt, unless otherwise specifically stated on the Library Website, Scripts in the Library Website are the property of Adaptavist, and Adaptavist may:

  1. publish Scripts via Adaptavist communications and publications;
  2. share Scripts through media channels and other official documentation;
  3. distribute Scripts through marketing material at Adaptavist events or other collaborative events.

11.4. Disclaimer of Warranty regarding use of Scripts

Unless otherwise explicitly stated, Scripts are provided "As is," are experimental and all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid. Adaptavist makes no representations, warranties, or guarantees as to the reliability, quality, suitability, truth, accuracy or completeness of any of the Scripts.

11.5. Limitation of Liability and Exclusion of Consequential Loss

To the maximum extent permitted by law:

Adaptavist shall not be liable for any loss or interruption of business, revenue, profits, use, data, wasted expenditure or other economic advantage, nor any indirect, punitive, special, incidental, or consequential damages suffered as a result of using modifying, contributing, copying, distributing, or downloading Scripts. The foregoing exclusion shall apply however such liability arises, whether for breach of contract, tort (including negligence), strict liability, statutory duty or any other legal basis, even if Adaptavist has been previously advised of the possibility of such damage. You shall hold Adaptavist harmless from any claims by yourself or your customer(s) for such losses.

The remedies set forth herein are exclusive, and Adaptavist’s aggregate liability whether for breach of contract, tort (including negligence), strict liability, statutory duty or any other legal basis shall not exceed £10 (ten British pounds) and you shall hold Adaptavist harmless for all losses in excess of this sum.

You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Library Website or any Scripts, and will not make a claim against Adaptavist for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the Scripts.

For avoidance of doubt, when you use Scripts, you acknowledge that you are potentially making programmatic changes to the software to which the Scripts relate. Such changes can have immeasurable and potentially negative impact upon that software or your systems. You are solely responsible for determining the appropriateness of using Scripts within your software and/or systems and your use of Scripts is entirely at your own risk. You hold Adaptavist harmless from any impact upon any software and/or systems and all consequences thereof howsoever arising from your use of Scripts.

12. Appendix 2 – Supplementary Terms Applicable to Use of the Adaptavist Project Configurator for Jira Cloud (PC for Cloud) Website

12.1. Terms of Use

Please note these terms are an extension of the Terms described in “Adaptavist Website Terms and Conditions of Use”. The terms of this Appendix shall additionally apply for access to and use of the Project Configurator for Jira Cloud (PC for Cloud) Website located at pc.adaptavist.com, including any of its related or child pages or sites (the “PC for Cloud Website”).

In the event of any conflict between the terms of this Appendix and the preceding Terms, the terms of this Appendix shall prevail.

12.2. General Use Restrictions

You are aware and agree that the PC For Cloud Website utilises Adaptavist products and technology, for which use is governed byAdaptavist's EULA. Therefore, you agree to be bound by the terms ofAdaptavist's EULA.

12.3. Disclaimer of Warranty

Unless otherwise explicitly stated, the content of the PC for Cloud Website is provided 'as is', and all express or implied conditions, representations and warranties, including any implied warranty of merchantability, accuracy, fitness for a particular purpose, or non-infringement are disclaimed to the maximum extent permitted by law. Adaptavist makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of the PC for Cloud Website nor that access to or use of the PC for Cloud Website shall be uninterrupted or without delays or errors.

12.4. Limitation of Liability and Exclusion of Consequential Loss

To the maximum extent permitted by law:

Adaptavist shall not be liable for any loss or interruption of business, revenue, profits, use, data, wasted expenditure or other economic advantage, nor any indirect, punitive, special, incidental, or consequential damages suffered as a result of using the PC for Cloud Website. The foregoing exclusion shall apply however such liability arises, whether for breach of contract, tort (including negligence), strict liability, statutory duty or any other legal basis, even if Adaptavist has been previously advised of the possibility of such damage. You shall hold Adaptavist harmless from any claims by yourself or your customer(s) for such losses.

The remedies set forth herein are exclusive, and Adaptavist’s aggregate liability whether for breach of contract, tort (including negligence), strict liability, statutory duty or any other legal basis shall not exceed £10 (ten British pounds) and you shall hold Adaptavist harmless for all losses in excess of this sum.


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