End User License Agreement (EULA)
End-User License Agreement (EULA) for all OSCI Atlassian apps available on the Atlassian Marketplace
This End-User License Agreement ("EULA") is a legal agreement between you and Open Source Consulting Inc. ("OSCI").
This EULA agreement governs your acquisition and use of our OSCI Software products ("OSCI", "Software") from the Atlassian Marketplace.
Please read this EULA agreement carefully before completing the installation process and using OSCI Software products. It provides a license to use OSCI Software Product and contains warranty information and liability disclaimers.
If you register for a free trial of a OSCI Software products, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using OSCI Software products, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by OSCI herewith regardless of whether other Software is referred to or described herein. The terms also apply to any OSCI updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
1. Definitions
Atlassian Software means Software developed by Atlassian i.e. Jira, Confluence.
Authorized Use refers to the installation of OSCI Software Products on a physical server of Licensee's choosing or installation in an Atlassian Cloud instance and the use of OSCI Software Products by Authorized Users for the Licensee's internal business purposes in accordance with the terms of this Agreement.
Authorized User refers to named user that accesses and uses OSCI Software Products under this EULA. The number of Authorized Users may not exceed the number of users purchased by Licensee on the Atlassian Marketplace.
OSCI Software Product refers to all OSCI Software Products to be licensed and includes any OSCI Software Product updates provided by OSCI to the Licensee periodically.
Deployment / Test system means a separate Atlassian Software instance used solely for deployment or testing.
License Fee means the total amount paid and payable to OSCI by the Licensee for the OSCI Software Products.
Licensee means the person, company, organization or other entity on whose behalf you are ordering OSCI Software Products and entering into this EULA.
License Term means the term of each OSCI Software Product license. The term will be specified in your Order.
2. License Grant
Subject to the terms of this agreement, OSCI hereby grants to the licensee a personal, non-transferable, non-exclusive license to use OSCI Software Products for Authorized Use.
Licensee is permitted to install OSCI Software Products in an Atlassian application (i.e. Jira, Confluence) under Licensee's control or in a Atlassian Cloud instance. Licensee is responsible for ensuring that the Atlassian applications are compatible to the OSCI Software Product Licensee is installing. Licensee is also permitted to install the Software on a Deployment / Test system.
Licensee is not permitted to:
Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other Software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
Allow any third party to use the Software on behalf of or for the benefit of any third party
Use the Software in any way which breaches any applicable local, national or international law
Use the Software for any purpose that OSCI considers is a breach of this EULA agreement.
3. User Representations
By using the Software, you represent and warrant that:
(1) you have the legal capacity and you agree to comply with this EULA;
(2) you are at least 16 years old, and, if you are using the Software on behalf of an organization, the organization is responsible for ensuring that all authorized users are at least 16 years old;
(3) you will not access the Software through automated or non-human means, whether through a bot, script, or otherwise;
(4) you will not use the Software for any illegal or unauthorized purpose; and
(5) your use of the Software will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Software.
4. Prohibited Activities
You may not access or use the Software for any purpose other than that for which we make the Software available. As a user of the Software, you agree not to:
Systematically retrieve data or other content from the Software to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Circumvent, disable, or otherwise interfere with security-related features of the Software.
Engage in any automated use of the system, such as using scripts, data mining tools, robots, or similar data gathering and extraction tools.
Upload or transmit viruses, Trojan horses, or other malicious material that interferes with the use, features, functions, operation, or maintenance of the Software.
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Software, except as permitted by applicable law.
Use the Software as part of any effort to compete with us or otherwise use the Software for any revenue-generating endeavor or commercial enterprise not authorized by this EULA.
Use the Software in a manner that violates the rights of any third party, including intellectual property rights, privacy rights, or any applicable law or regulation.
5. Intellectual Property and Ownership
OSCI shall at all times retain ownership of the Software as originally downloaded by Licensee and all subsequent downloads of the Software by Licensee. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of OSCI. OSCI are made available on a limited license or access basis, and no ownership right is conveyed to Licensee, irrespective of the use of terms such as "purchase" or "sale". OSCI has and retains all rights, titles and interests, including all intellectual property rights, in and to the OSCI (including all No-Charge products), their "look and feel", any and all related or underlying technology, and any modifications or derivatives.
OSCI reserves the right to grant licenses to use the Software to third parties.
6. Warranty Disclaimer
To the extent permitted by law, and subject to implied terms, the Licensee acknowledges and agrees that: (1) OSCI gives no guarantee and makes no representation as to the correctness or completeness of the Product; and (2) OSCI are provided on an "as is" basis without warranty, express or implied, of any kind or nature, including, but not limited to, any warranties of performance or fitness for a particular purpose.
OSCI shall not be liable for service failures, delays, interruptions and/or other problems inherent in the use of IT systems outside the reasonable control of OSCI to the maximum extent permitted by law.
7. Exclusion of Liability
To the extent permitted by law, and subject to implied terms, OSCI will not be liable to any person for any loss, damage, cost, expense or other claim (including, without limitation, consequential damages and loss of profits) in relation to the OSCI including, without limitation, arising from or relating to: (1) any use or reliance on OSCI Software Product by the person; (2) any errors in and/or omissions from OSCI Software Product; or (3) any delay, interruption or other failure in the use or operation of OSCI Software Product.
8. User Data
Although we perform regular routine backups of data processed through the Software, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Software. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
We will maintain certain data that you transmit to the Software for the purpose of managing performance, as well as data relating to your use of the Software. Such data handling is subject to our Privacy Policy.
9. Implied Terms
If any law implies in this Agreement any term, condition or warranty which cannot be excluded or limited, then to the extent permitted by law, the liability of OSCI for breach of any such term, condition or warranty is limited to: (1) in the case of products, at OSCI option (A) the re-supply of the goods, or of equivalent goods; or (B) the payment of the cost of having the goods supplied again; and (2) in the case of services, at OSCI option (A) the re-supply of the services; or (B) the payment of the cost of having the services supplied again.
10. Termination
This EULA is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time by uninstalling the Software.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
11. Changes to this Agreement
OSCI may update or modify this Agreement periodically, including any referenced policies and other documents. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you (by, for example, sending an email to the technical contact you designate in the applicable Order, posting on our website or the product itself). If we modify the Agreement during your License Term or Subscription Term, the modified version will be effective upon your next renewal of a License Term, Support and Maintenance term, or Subscription Term, as applicable.
12. Service Changes and Discontinuation
OSCI may modify or update the Software and support services from time to time. Where a change is reasonably expected to materially reduce core functionality or service availability, OSCI will provide advance notice in accordance with applicable Atlassian Marketplace requirements.
Any discontinuation of the Software will be handled in accordance with the applicable Atlassian Marketplace end-of-life requirements and the Licensee's existing License Term or Subscription Term.
13. Orders
Directly from the Atlassian Marketplace or through a Reseller. Atlassian's Marketplace Product Ordering documentation or purchase flow ("Order") will specify your authorized scope of use for the Products, which may include: (a) number and type of Authorized Users, (b) storage or capacity (for Hosted Services), (c) numbers of licenses, copies or instances (for Software), or (d) other restrictions or billable units as applicable.
This Agreement applies whether you purchase OSCI Software Products directly from the Atlassian Marketplace or through Atlassian "Partners" or other authorized resellers (each, a "Reseller") from the Atlassian Marketplace.
14. Cancellation and Refund Policy
Cancellations and refunds for OSCI Software Products purchased through the Atlassian Marketplace are governed by the applicable Atlassian Marketplace terms and refund policies. Licensees should submit cancellation or refund requests through Atlassian's designated process.
15. Communication and Marketing
We may use your contact information to send certain communications via email, including responses to your comments, questions, and requests, providing customer support, and sending you technical notices (Release Notes), updates, security alerts, and administrative messages. You can control whether you receive these communications by opting out whenever you receive a communication from OSCI
16. Publicity Rights
During the term of this EULA, you grant us the right to include your company name and logo in promotional materials, on our website, and in corporate presentations and reports. You can revoke this right at any time by submitting a written request via email to atlassian_apps@osci.kr to request to be excluded from future product promotional material. Requests generally are processed within thirty (30) calendar days.
17. Taxes
Payments made by the Licensee under this Agreement exclude any taxes or duties payable in respect to the goods or services supplied in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by OSCI, the Licensee must pay to OSCI the amount of such taxes or duties in addition to the License Fee under this Agreement.
18. Electronic Communications and Transactions
By installing and using the Software, you consent to receive electronic communications from OSCI, including notices, agreements, disclosures, and other communications provided electronically via email or through the Software interface. You agree that all such electronic communications satisfy any legal requirement that such communications be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SOFTWARE. You hereby waive any rights or requirements under any statutes, regulations, rules, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
19. Applicable Law, Legal Venue, and Severability
This EULA shall be governed exclusively by Korean law without giving effect to the principles of South Korea relating to conflicts of laws. Legal venue for both parties shall be the registered office of OSCI
If any provision of this Agreement is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction be ineffective to the extent of the prohibition, invalidity, or enforcement without invalidating the remaining provisions of this Agreement or affecting the validity or enforcement of that provision in any other jurisdiction.
20. Indemnification
You agree to defend, indemnify, and hold harmless OSCI and its subsidiaries, affiliates, officers, agents, partners, and employees from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: (1) your use of the Software; (2) breach of this EULA; (3) any breach of your representations and warranties set forth in this EULA; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any harmful act toward any other user of the Software with whom you connected via the Software.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
21. Miscellaneous
This EULA and any policies or operating rules posted by us constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of this EULA shall not operate as a waiver of such right or provision.
We may assign any or all of our rights and obligations to others at any time without notice to you. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of this EULA or use of the Software.
22. Corrections
There may be information on our website, documentation, or in this Agreement that contains typographical errors, inaccuracies, or omissions. OSCI reserves the right to correct any errors, inaccuracies, or omissions and to change or update such information at any time, without prior notice.
23. Contact Us
In order to resolve a complaint regarding the Software or to receive further information regarding use of the Software, please contact us at:
OSCI
Email: atlassian_apps@osci.kr
Phone: 82-2-516-0711
Address: 32, Teheran-ro 83-gil, Gangnam-gu - 06167, Seoul, Korea (South)
Website: https://global.osci.kr