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This End-User License Agreement (this “Agreement”) is between you, as either an individual or as an Entity (defined below), and Inprowiser, LLC. (“Inprowiser”).
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY (IF ANY), OR OTHERWISE ACCESSING OR USING INPROWISER’S PROPRIETARY SOFTWARE (“CAPACITY TRACKER”) ACCOMPANIED BY THIS AGREEMENT (THE SOFTWARE”).
THE CAPACITY TRACKER SOFTWARE IS LICENSED TO YOU UNDER THIS AGREEMENT, NOT SOLD TO YOU. BY DOWNLOADING, INSTALLING, OBTAINING A LICENSE KEY (IF ANY), OR OTHERWISE ACCESSING OR USING ANY PART OF THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS AND CONDITIONS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY (“ENTITY”), YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, AND REFERENCES TO “YOU” OR YOUR” REFER TO USER, THE INDIVIDUAL END-USER, AND THE ENTITY. IF YOU DO NOT HAVE THAT AUTHORITY OR IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL, OBTAIN A LICENSE KEY (IF ANY), OR OTHERWISE ACCESS OR USE THE SOFTWARE.
IF YOU ARE ACCESSING THE SOFTWARE AS PART OF A HOSTED SERVICE, THEN ALL OF THESE TERMS STILL APPLY. HOSTED SERVICES INCLUDE USING ANY INPROWISER’S SOFTWARE AS A SERVICE, AND ALWAYS MEANS THE VERSION OF THE HOSTED SERVICES DESCRIBED IN INPROWISER’S THEN-CURRENT PRODUCT DESCRIPTION. THE TERM “PRODUCTS” AS USED IN THIS END USER LICENSE AGREEMENT INCLUDES BOTH SOFTWARE AND HOSTED SERVICES.
You agree that your relationship with Inprowiser is also governed by Inprowiser’s Terms and Conditions and Privacy Policy, which are expressly made part of this Agreement. You may contact us by visiting https://inprowiser.on.spiceworks.com/portal.Allow us to contact you by providing your contact information upon downloading the Software, upon installing or accessing the Products.
1. License
Grant of License. Subject to your full compliance with all terms and conditions of this Agreement, Inprowiser grants to you a revocable, nontransferable, nonsublicensable, nonexclusive, limited right and license to use the Products, in object code form only, and the accompanying documentation in accordance with the accompanying documentation and only as authorized by this Agreement, for the Term you selected in your Order Form. For purposes of this Agreement “Products” includes any updates, enhancements, modifications, revisions or additions to the Products made by Inprowiser and made available to you. Notwithstanding the foregoing, Inprowiser may, but is not required to, provide any updates, enhancements, modifications, revisions or additions to the Products.
In addition to the Products, Inprowiser may offers other products, which you can view and apply for license as and when available on Atlassian Marketplace.
Scope of Use. Your license allows you to run the Products only as received at the time of download for the number of authorized users and nodes on devices owned, leased or controlled by you. Your use of the Products on mobile devices may be subject to additional terms of use, such as Apple App Store Terms of Service or Google Play Terms of Service. Inprowiser may audit your company’s use of the Products at any time. If the audit establishes that you have used the Products without a valid license, then the cost of the audit and applicable penalty transfers to youCapacity Tracker licensing is entirely managed by Atlassian and can only be installed through the Atlassian Marketplace. Please consult the Atlassian Marketplace FAQ and the Atlassian Marketplace Terms of Use for more details on add-on licensing.
2. Payment and Restrictions
You do not have an active license to use the Products unless and until you have paid the requested license fee or service fee. Inprowiser reserves the right to increase license fees or service fees for the Products, including a higher price for new initial licenses, for yearly renewals and for monthly charges. Inprowiser may also charge for software or services that initially included in a license fee or service fee, including support, maintenance, updates or upgrades. You understand that Capacity Tracker or its licensors (“Inprowiser”) may modify or discontinue offering the Software at any time. This Agreement does not give You any rights not expressly and unambiguously granted herein. You shall not, nor permit anyone else to, directly or indirectly: (i) copy, modify, or distribute the Products or license key (if any); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of Products, in whole or in part (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable law); (iii) assign, rent, lease, or use the Products for timesharing or service bureau purposes, or otherwise use the Products for any commercial purpose; or (iv) create any derivative works from or sublicense any rights in the Products. You shall maintain and not remove or obscure any proprietary notices on the Products, and shall reproduce such notices exactly on all permitted copies of the Products.
You represent, warrant and covenant that you will not use the Products: (i) to infringe the intellectual property or proprietary rights, or rights of publicity or privacy, of any third party; (ii) to violate any applicable federal, state or local law, statute, ordinance or regulation; (iii) to disseminate, transfer or store information or materials in any form or format (“Content”) that are harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable or that otherwise violate any law or right of any third party; (iv) to disseminate any software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or violate the security of any computer network; or (v) to run Maillist, Listserv, “bots,” “robots,” any form of auto-responder, or “spam,” or any processes that run or are activated while you are not logged in. You, not Inprowiser, remain solely responsible for all Content that you upload, post, e-mail, transmit, or otherwise disseminate using, or in connection with, the Products. You acknowledge that all Content you access through use of the Products is accessed at your own risk and you will be solely responsible for any damage or liability to any party resulting from such access.
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