1. Subject of the Agreement
This user license contract is an agreement between a CLIENT, and Quence Srl.
The purpose of this contract is to regulate the conditions for granting a software user license for the “VCAP – Video Capture for Jira Service management” plug-in (VCAP in the following).
The license is non-exclusive, personal and non-transferable under the terms and conditions provided herein.
The characteristics, specifications and functions of this software can be found at the Atlassian Marketplace.
2. Scope for the User License of the Program
By means of this contract, Quence Srl grants the CLIENT a non-exclusive, personal and non-transferable right to use the VCAP software, and for the amount of time indicated in the Fourth clause of this contract.
Quence Srl is the owner of the intellectual, industrial and exploitation rights over the software stipulated in this contract and, subsequently, the CLIENT acquires no right of this type except that which is required for use.
In particular, the CLIENT may neither reproduce, introduce improvements, make new updates, successive versions or derivative programs, nor, in general, make any adaptations or modifications.
In addition, the CLIENTE cannot, for himself or for third parties:
- access, modify or use the source code, decompile, reverse engineer or disassemble.
- transmit in any other way copies of the software
The user license includes updates that will be available on the Marketplace, tha shall apply the version acquired by the CLIENT but not to any personalized developments that may be of interest to the CLIENT
The user license doesn’t include other additional services such as, for example, training or support.
The license is granted for the program to be used by the number of users allowed according to the product license under which the software stipulated in this contract is installed.
The price of this user license is indicated in the specific area in the Marketplace. All taxes applicable to the purchase or contracting of the software user license will be paid by the CLIENT.
The duration is annual and renewable according to Atlassian Marketplace subscription terms.
The installation of the software stipulated in this contract should be carried out by the CLIENT following the steps given in the “Installation” section in the plugin page on the Atlassian Marketplace.
6. Obligations of the Parties
Obligations of Quence Srl
Quence Srl must comply with the following obligations:
- Provide the CLIENT with the program to install the software via the Atlassian Marketplace
- Carry out, during the period of validity, the necessary modifications, and corrections of any operating errors in the software contracted by the CLIENT.
- Comply with all other obligations covered in this contract.
Obligations of the CLIENT
THE CLIENT must comply with the following obligations:
- Pay the price for the software user license and, where applicable, each of the subsequent renewals.
- Follow the installation instructions.
- Be in possession of the necessary equipment, operating system, programs and applications with the minimum supported versions stated in the documentation, in order for the software to work properly.
- Collaborate with Quence Srl on everything necessary for the fulfillment of this contract.
- Inform Quence Srl of any operating errors detected so that the necessary corrections and modifications can be made.
- Respect the intellectual property rights of Quence Srl regarding the software stipulated in this contract.
Quence Srl will not be held liable for damages that the CLIENT may suffer as a result of using the software, only being held liable for those that occur through intent or gross negligence, the maximum amount of compensation being the price paid by the CLIENT for contracting the license.
In the same way, neither will they be liable for damages that the CLIENT may cause to third parties as a result of work carried out using the software. Quence Srl only guarantees compliance with the technical functionalities and specifications of the software stated, not that it is useful or valid for the use that the CLIENT wishes to make of it.
8. Intellectual and Industrial Property
The CLIENT acknowledges that all intellectual property rights and, where appropriate, industrial rights, of the program belong solely and exclusively, to Quence Srl in such a way that the CLIENT does not subsequently acquire any intellectual property rights or rights of any other type over the software, beyond the right of use that is stipulated in this contract.
The CLIENT is expressly prohibited from reproducing, transmitting, modifying, adapting, making new versions or derivative programs, decompiling, reverse engineering or disassembling, sub-licensing, distributing and any other activity described in the second Clause, without the express authorization of Quence Srl.
This contract will be terminated for the following reasons:
- Due to expiry of its initial term of duration or any of its renewals.
- Due to mutual agreement between the parties.
- Due to breach of the contract by either of the parties.
- For other causes provided by Law.
In the event of non-compliance by either party with the obligations arising from this contract, the other party may consider it terminated, with no prior notice or compensation required, with communication of said termination to the opposite party being sufficient. This is without prejudice to any compensation that, for damages or losses, may correspond.