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EULA - End User License Agreement
Please note that the terms of this end user license agreement shall govern your use of the software regardless of any terms that may appear during the installation of the software.
IMPORT – PLEASE READ CAREFULLY: By downloading, installing, or using the software, you (the individual or legal entity) agree to be bound by
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2. Agreement to Terms and Conditions
This Agreement takes effect on the date on which you install the plugin into any JIRA installation.
3. License Duration
This license is perpetual, no additional payment is required to maintain it, with the exception of you breaking any part of this license, in which case you lose all rights under the license.
4. Disclaimer
It is not warranted that any software supplied by NamoEditor will meet your requirements or that its operation will be uninterrupted or error free. NamoEditor exclude and expressly disclaim all express and implied warranties or conditions not stated in this Agreement (including without limitation, loss of profits, loss or corruption of data, business interruption or loss of contracts), so far as such exclusion or disclaimer is permitted under the applicable law. This Agreement does not affect your statutory rights.
5. Warranties and Limitation of Liability
NamoEditor warrants that its software and services will be provided using reasonable care and skill on a non-exclusive basis. Where NamoEditor supplies any goods supplied by a third party, NamoEditor does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to NamoEditor. Except in respect of death or personal injury caused by NamoEditor's negligence, NamoEditor shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by NamoEditor's negligence or the negligence of its servants or agents or otherwise) which arise out of or in connection with the provision of any goods or services by NamoEditor. NamoEditor shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Any estimates given by NamoEditor as to the time of completion of performance of its services (whether completion of the whole or a part of those services) or delivery of its software shall be estimates only and time shall not be of the essence. NamoEditor when providing electronic media shall take reasonable care to avoid introducing computer viruses to your computer systems and shall not be liable to you by reason of any virus unknowingly introduced to your system by it for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction of a computer virus. Notwithstanding contrary clauses in this Agreement, in the event that NamoEditor are deemed liable to you for breach of this Agreement, you agree that NamoEditor's liability is limited to the amount actually paid by you for your services or software, which amount calculated in reliance upon this clause. You hereby release NamoEditor from any and all obligations, liabilities and claims in excess of this limitation.
6. Notices and Consents
Any notice, request or other communication to either party by the other under this Agreement shall be given by email, fax or conventional mail and shall be confirmed by conventional mail.
7. Assignment of Rights
You shall not assign this Agreement or any benefits or interests arising under this Agreement without NamoEditor's prior written permission, such not to be unreasonably withheld.
8. Ownership
The ownership of marketing materials, any software or electronic media, methodologies, strategies, research and designs shall remain with NamoEditor. NamoEditor reserves the right to use in any way it wishes any programming tools, skills, content, methodologies, strategies and techniques acquired or used in performing its duties under this Agreement. The ownership of any data content created using the software shall remain with the author of that content. NamoEditor provides permission for vector and raster representations within the software that it owns to be combined with the representation that the author has created and for the combined result to be persisted in either vector and/or raster format. You may use such graphically persisted representation that you create for any purpose that does not interfere with the business operations of NamoEditor.
9. General Terms and Law
This Agreement is governed by the laws of South Korea. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and NamoEditor as a result of your use of these services. You agree not to hold yourself out as a representative, agent or employee of NamoEditor. You agree that NamoEditor will not be liable by reason of any representation, act or omission to act by you. NamoEditor's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of NamoEditor's right to comply with law enforcement requests or requirements relating to your use of NamoEditor or information provided to or gathered by NamoEditor with respect to such use.
10. Severability
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continuation in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).
11. Entire Agreement
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continuation in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice). This Agreement constitutes the entire agreement between NamoEditor and you with respect to your use of services, software and/or goods provided by NamoEditor, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between NamoEditor and you with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement. The address for communication to NamoEditor by conventional mail unless you are otherwise notified shall be:
NamoEditor
3rd floor, Yeoksam-ro 97gil 7, Gangnam-gu, Seoul, South Korea and accept the terms of this end user license agreement (EULA) for licensed software from NamoEditor Co., Ltd. (NAMO). If you do not agree to the terms of this EULA, you must not download, install, or use the software, and you must delete or return the unused software to the vendor from which you acquired it within thirty (30) days and request a refund of the license fee, if any, that you paid for the software.
The effective date of this EULA is the day you first download, install or use the software.
1. RIGHT TO USE THE SOFTWARE
NAMO give you the right to use this software in accordance with the terms of this agreement. You may install and operated this software on your computer system. You may not save any of the installation files of this software on your network or file server for the purposes of performing additional installations using these copies. When this software is stored on your systems’ main memory or other storage devices, it is assumed that you are using the software and that the software has been installed from the original media. If this software is installed on a network server, you must purchase a quantity of License of this software equal to the numbers if users. You may not give your software installation information to any other person.
2. TRANSFER OF RIGHT OF USE
If you upgrade this software, your right to use the original version is transferred to the new version. This right is based on the condition that you are not using both versions simultaneously. In addition, you any not transfer, land of sell the old version to another person. If any software not owned by NAMO was provided with the old version you retain the right to use these additions after you upgrade.
3. COPYRIGHT
The copyright and intellectual property rights of this software are owned by NAMO and are protected by the copyright laws of the Republic of Korea and international intellectual property right treatise. Therefore, you may not copy any portion of this software in any form, except to use this software in accordance with the terms of this agreement or to make one copy for backup purposes. You may not alter the software in any way. If copies of the documentations must be made, you should make them in printed form only.
4. AKNOWLEDGMENT
You acknowledge that you have read and understand this EULA and that you agree to its terms. You acknowledge that this agreement has priority over any other engagement, advertisement, or other written agreement which precedes it.
5. LIMITATION OF WARRANTY
NAMO, in warrants that all contents of this software for 90 days from the date of purchase. If defects are found, and proved to have caused in the course of production NAMO will replace the software for you. To be eligible for a replacement you must prove that the 90 days warranty period has not expired. If damage has resulted from abuse, incorrect installation or use by you, NAMO is not responsible for replacement. NAMO does not warrant that using this software will fit a user’s particular purpose, and is not liable for any damages caused by the use of this software.
Copyright ○c 2017. NamoEditor Co., Ltd. All rights reserved. NamoEditor Co., Ltd. software products are protected by one or more US Patent Numbers.