This agreement (“EULA”) is between the legal entity you represent and CentralPoint, an Bulgarian company. This agreement applies to your use of any of the apps, software products (TimeScale) or services that CentralPoint operates or owns the copyrights of, referred to as the “Services”.
In this EULA, any reference to “you” or “your” refers to the legal entity that you represent, and any reference to “us”, “we”, or “our” refers to CentralPoint.
This EULA forms a binding legal agreement between you and CentralPoint in relation to your use of the Services.
1. Your Agreement to the EULA.
YOUR ACCESS OR USE OF THE SERVICES IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE EULA. By accessing or using any of the Services you also represent that you have the legal authority to accept the EULA on behalf of yourself and any party you represent in connection with your use of the Services. If you do not agree to the EULA, you are not authorised to use any of the Services.
2. Changes to the EULA.
From time to time, CentralPoint may change, remove, add to or otherwise modify the EULA, and reserves the right to do so in its discretion. In that case, we will replace the EULA with the updated EULA, and indicate the date of revision. We encourage you to periodically review the EULA. All new and/or amended clauses within the EULA take effect immediately If you do not agree with any modification to the EULA, you may terminate this agreement by ceasing use of the Services. Your continued use of any Services after a new and/or revised EULA is effective indicate that you have read, understood and agreed to the newer EULA.
3. Provision of the Services Generally.
CentralPoint makes the Services available to you on the terms in this EULA. You may only use the Services in accordance with this EULA. In particular but without limitation, you may not use the Services for any purpose that is unlawful or prohibited by this EULA, or any other conditions or notices that are made available on any of the Services.
4. No Warranties.
CentralPoint provides all Services, information, tools and licenses on an “as-is” basis. CentralPoint makes no warranties regarding any information, tools or licenses provided on or through the Services, and disclaims liability for damages resulting from their use.
5. Your Location.
CentralPoint makes no representations that the Services are appropriate or available for use in your location. If you are accessing or using any of the Services, you do so at your own risk and you are responsible for compliance with local law.
6. Account Registration
You will have to register for an Atlassian account in order to place orders or access or receive any Products. Any registration information that you provide to us or Atlassian must be accurate, current and complete. You must also update your information so that we may send notices, statements and other information to you by email or through your account. You are responsible for all actions taken through your accounts.
7. Authorized Users
Only the specific individuals for whom you have paid the required fees and whom you designate through the applicable Product (“Authorized Users”) may access and use the Products. Authorized Users may be you or your Affiliates’ employees, representatives, consultants, contractors, agents, or other third parties who are acting for your benefit or on your behalf. You may increase the number of Authorized Users permitted to access your instance of the Product by placing a new Order or, in some cases, directly through the Product. In all cases, you must pay the applicable fee for the increased number of Authorized Users. You are responsible for compliance with this Agreement by all Authorized Users.
8. Software License Rights
Subject to the terms and conditions of this Agreement, CetralPoint grants you a non-exclusive, non-sublicenseable and non-transferable license to install and use our services (Software) during the applicable License Term in accordance with this Agreement. The term of each Software license (“License Term”) will be specified in your order. Your License Term will end upon any termination of this Agreement, even if it is identified as “perpetual” or if no expiration date is specified in your order.
9. Support and Maintenance
CetralPoint will provide the support and maintenance services for the Products (“Support and Maintenance”) during the period for which you have paid the applicable fee.
10. Data Protection
The Licensee must pay all Fees by the due date and in the manner directed at the time of Purchase of the Software. Failure to pay Fees by the due date will result in the immediate termination of the licenses granted under this Agreement.
12. Term and Termination
This Agreement shall remain in effect until terminated by you or CetralPoint.
CetralPoint, 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 CetralPoint, 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 desktop.
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 desktop.
13. DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, CENTRALPOINT OFFERS THE SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CENTRALPOINT DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT CENTRALPOINT SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CENTRALPOINT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
14. LIMITATION OF LIABILITY.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL CENTRALPOINT, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE CENTRALPOINT PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE CENTRALPOINT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CENTRALPOINT PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE SERVICES, FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON THE SERVICES OR OTHERWISE RELATING TO THE SERVICES.
The Services may contain trademarks, service marks, logos and other names that are the property of CentralPoint or such other party as indicated with respect to that name or icon. In the case of CentralPoint’s trademarks, logos and icons, these may only be used if you have obtained written authorisation from CentralPoint. CentralPoint retains full, unfettered, and sole discretion to revoke authorisation to use one of CentralPoint’s trademarks for any reason or for no specified reason.
16 Intellectual Property
You acknowledge that the Product and all intellectual property rights in relation to the Product are the property of the CentralPoint and You are entitled to take whatever action it may decide in order to protect its intellectual property rights in the Product. CentralPoint and you agree to maintain each other’s confidential information in strict confidence. The parties agree to not reveal each other’s confidential information to any third party or to use each other’s confidential information for any reason other than to exercise rights or obligations clearly contemplated by this Agreement.
17 Governing Law
This agreement is governed by the laws of Bulgaria, and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in Sofia, Bulgaria.