1. Introduction

Unless otherwise indicated, the App is the property of ByteSource Technology Consulting GmbH. The software and services provided by ByteSource Technology Consulting GmbH are at all times subject to these terms and conditions. By using the plugin you confirm your acceptance of, and agree to be bound by, these term and conditions. These terms and conditions shall constitute the agreement between you and ByteSource Technology Consulting GmbH (“this Agreement”).

2. Agreement to Terms and Conditions

This Agreement takes effect on the date on which you install the plugin into any Confluence, Bitbucket , Bamboo or 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 ByteSource Technology Consulting GmbH will meet your requirements or that its operation will be uninterrupted or error free. ByteSource Technology Consulting GmbH 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

ByteSource Technology Consulting GmbH warrants that its software and services will be provided using reasonable care and skill on a non-exclusive basis. Where ByteSource Technology Consulting GmbH supplies any goods supplied by a third party, ByteSource Technology Consulting GmbH 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 ByteSource Technology Consulting GmbH. Except in respect of death or personal injury caused by ByteSource Technology Consulting GmbH’s negligence, ByteSource Technology Consulting GmbH Ltd 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 ByteSource Technology Consulting GmbH’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 ByteSource Technology Consulting GmbH. ByteSource Technology Consulting GmbH 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 ByteSource Technology Consulting GmbH 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. ByteSource Technology Consulting GmbH 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 ByteSource Technology Consulting GmbH are deemed liable to you for breach of this Agreement, you agree that ByteSource Technology Consulting GmbH ‘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 ByteSource Technology Consulting GmbH 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 ByteSource Technology Consulting GmbH 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 ByteSource Technology Consulting GmbH. ByteSource Technology Consulting GmbH 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. ByteSource Technology Consulting GmbH 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 ByteSource Technology Consulting GmbH.

9. General Terms and Law

This Agreement is governed by the laws of Austria. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and ByteSource Technology Consulting GmbH as a result of your use of these services. You agree not to hold yourself out as a representative, agent or employee of ByteSource Technology Consulting GmbH. You agree that ByteSource Technology Consulting GmbH will not be liable by reason of any representation, act or omission to act by you. ByteSource Technology Consulting GmbH’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 ByteSource Technology Consulting GmbH’s right to comply with law enforcement requests or requirements relating to your use of ByteSource Technology Consulting GmbH’s or information provided to or gathered by ByteSource Technology Consulting GmbH’s 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 ByteSource Technology Consulting GmbH and you with respect to your use of services, software and/or goods provided by ByteSource Technology Consulting GmbH, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between ByteSource Technology Consulting GmbH 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.

12. Concluding Terms

Insofar as not otherwise agreed, the statutory regulations applicable to registered merchants are exclusively those in force under Austrian law. This is the case also when the order is carried out outside of Austria. In case of conflict, it is agreed that only the responsible local court in the seller’s place of business has jurisdiction. For sales to consumers within the meaning of the consumer protection law, the above terms are valid only insofar as the consumer protection law does not insist on other conditions.

The address for communication to ByteSource Technology Consulting GmbH by conventional mail unless you are otherwise notified shall be:

ByteSource Technology Consulting GmbH
Damböckgasse 4/3
1060 Wien, Österreich