Votazz End User License Agreement
Last updated January 2022
IMPORTANT! BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS SET FORTH IN THIS END USER LICENSE AGREEMENT (“EULA”). YOU ARE NOT AUTHORISED TO USE THIS SOFTWARE UNLESS AND UNTIL YOU ACCEPT THE TERMS OF THIS EULA.
This End User Licence Agreement (EULA) is a binding legal agreement between Votazz (“Votazz”), a provider of downloadable and Data Centre - based applications under the Votazz brand name through the Atlassian Marketplace or any other means that interoperate with applicable products manufactured by Atlassian Pty Limited (“Atlassian”), and you (either an individual or a single legal entity you represent) whose details are provided to Votazz upon purchase (hereinafter “Licensee” or “you”) for the materials accompanying this EULA, including the accompanying computer software, associated media, printed materials and any “online” or electronic documentation.
By clicking on the “Accept & install” (or similar) button that is presented to you at the time of your installation, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install, copy, download or otherwise use the Software. If you are agreeing to this EULA on behalf of a company or other organisation, you represent that you have the authority to bind that company or organisation to this EULA, and the terms Licensee, "you" and “your" refer to that company or organisation. If you do not have that authority, you may not install, copy, download or otherwise use the Software.
2. Scope of the Agreement
This EULA governs (a) Votazz’s commercially available downloadable software products sold, or made available at no charge (“Software”), (b) Votazz’s Software provided in a hosted or Data Centre-based environment (“Hosted Services”), and (c) any support services provided by Votazz relating to the Software or Hosted Services. Software and Hosted Services, together with related Documentation, are referred herein as “Products”.
3. Account Registration
You may need to register on the Atlassian Marketplace in order to place orders or access or receive any Products. Any registration information that you provide must be accurate, current and complete. You must also update your information so that Votazz 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.
Your order through the Atlassian Marketplace or with an authorised Reseller (“Order”) will specify your authorised scope of use for the Products, which may include: (a) the defined number of installations, the number of specific individuals for whom you have paid the required fees and whom you designate through the applicable Product (“Authorised Users”), the number of authorised servers, the number of unique data set platforms, and/or other defined resource utilisation limitations, (b) storage or capacity (for Hosted Services), (c) numbers of licenses, copies or instances (for Software), or (d) other restrictions or billable units (all of the above, as applicable, the “Scope of Use”). The term “Order” also includes any applicable Product or Support Services renewal, or purchases you make to increase or upgrade your Scope of Use. 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.
5. Grant of License
The Products are licensed, not sold, and no ownership right is conveyed to you, irrespective of the use of terms in this EULA such as “purchase” or “sale”.
(a) This EULA grants you the following rights:
Standard Use. For other than No-Charge Products, Votazz grants you a perpetual (subject to termination for breach), worldwide, non-exclusive, non-transferable, non-sublicensable license to install and use the Software in object code only, limited to the Scope of Use as designated in your Order.
Hosted Services. Votazz grants you a monthly (paid in advance) subscription for worldwide, non-exclusive, non-transferable, non-sublicensable use of the Hosted Services, subject to automatic renewal for successive monthly terms unless either Votazz or you notifies the other of non-renewal or Votazz ceases to make a particular Hosted Service available. If you cancel, your subscription will terminate at the end of the then-current billing cycle, but you will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination. You acknowledge that Hosted Services are on-line, subscription-based products, hosted by Votazz and/or Atlassian, and that Votazz and/or Atlassian may make changes to the Hosted Services from time to time.
No-Charge Products. The Votazz may offer you a time-limited, worldwide, non-exclusive, non-transferable, non-sublicensable limited license for certain Products at no charge, including free accounts, trial use, and access to Beta Versions as defined below (“No-Charge Products”). Your use of No-Charge Products is subject to any additional terms specified by Votazz and is only permitted for the evaluation period designated by Votazz. After the evaluation period is expired you must abide by the Standard Use rights, or must remove and delete all copies of the Software in your possession. You may not use No-Charge Products for competitive analysis or similar purposes. Votazz may terminate your right to use No-Charge Products at any time and for any reason in its sole discretion, without liability to you. You understand that any pre-release and beta products (“Beta Versions”) are still under development, may be inoperable or incomplete and are likely to contain more errors and bugs than generally available Products. Votazz makes no promises that any Beta Versions will ever be made generally available. In some circumstances, Votazz may charge a fee in order to allow you to access Beta Versions, but the Beta Versions will still remain subject to this paragraph. All information regarding the characteristics, features or performance of Beta Versions constitutes Votazz’s Confidential Information. To the maximum extent permitted by applicable law, Votazz disclaims all obligations or liabilities with respect to No-Charge Products, including any Support Services, warranty, and indemnity obligations.
(b) Your license rights under this EULA are worldwide, non-exclusive, non-transferable and non-sublicenseable. You may not sell, transfer or convey the Software to any third party without Votazz’s prior express written consent. Votazz reserves all rights not expressly granted to the Licensee in this EULA.
(c) Standard Use licensees are permitted to make one (1) copy of the Software for data protection, archiving and backup purposes only and for no other purpose.
(d) You may only install the Software and make the Software available for use on hardware systems owned, leased or controlled by you, or your third party service providers so long as you remain responsible for their compliance with the terms and conditions of this EULA.
(e) This EULA applies whether you purchase Products directly from Votazz, through the Atlassian Marketplace, through an authorized Reseller or otherwise. If you purchase through a Reseller, your license rights shall be as stated in the Order placed by Reseller for you, and the Reseller is responsible for the accuracy of any such Order. Resellers are not authorized to make any promises or commitments on Votazz’s behalf, and Votazz is not bound by any obligations to you other than what is included in this EULA.
6. Third-Party Software
(a) You acknowledge the Products may contain software licensed by Votazz from third parties, including open source software, and embedded in the Products, and that in addition to the obligations of this EULA, additional obligations may apply in relation to any use of the third party software by you which is not in accordance with the use of the Products as permitted under the terms of this EULA. In such circumstances you must consult the relevant third party to acquire any necessary licenses and consents in relation to your use of the third party software.
(b) The Software uses, requires and depends on various third party APIs. Votazz disclaims any liability for any failure or limitations of these APIs or services. Atlassian, or any other API provider, may remove the API end points required for the Software to function properly. Votazz disclaims any liability for the consequence of such actions by such third parties.
7. Price and Payment
If you have not previously paid the license fee for the Product, then you must pay the license fee within the period indicated in the applicable invoice or as otherwise provided in Votazz’s pricing terms as published on the Atlassian Marketplace. Failure to pay any license fees by the due date will result in the immediate termination of the license(s) granted under this EULA.
8. Support Services
(a) Votazz may provide you with online support services related to the Products (“Support Services”), in its discretion and for the sole purpose of addressing technical issues relating to the use of the Products. Support Services also include access to bug fixes, patches, modifications, or enhancements (together, “Releases”) to the Products that Votazz makes generally commercially available during the “Support Period.” When accepted by you, any such Releases will be considered part of the Products and subject to the terms of this EULA.
(b) The initial Support Period for a Standard Use Product is twelve (12) months starting at the time the Product is purchased, and may be renewed for additional twelve (12) month periods (each, a “Renewal Support Period”) at the then-current rate for Support Services. Renewal Support Periods commence upon the expiration of the prior Support Period regardless of when the Product is purchased.
(c) Use of Support Services, if any, is governed by Votazz’s policies and programs described in any user manual, in online documentation, and/or other Votazz-provided materials. Any supplemental software code provided to you as a part of Support Services will be considered part of the Products and subject to the terms of this EULA.
(d) All deliveries of Software will be electronic. For the avoidance of doubt, you are responsible for the installation of any Software.
(e) Votazz encourages feedback from its customers. If you have any feedback regarding your purchase or use of the Products, please provide that feedback to Votazz at firstname.lastname@example.org.
9. Data Security & Privacy
(a) You may terminate your licence to the Products at any time by destroying all your copies of the Software or ceasing your access to the Hosted Services. Your license to the Products shall automatically terminate if you fail to comply with the terms of this EULA. Upon termination of your license, you are required to remove all Software from your computer systems and destroy any copies of the Software in your possession.
(a) The Products and all copies thereof are protected by copyright and other intellectual property laws and treaties. Votazz or its relevant third parties own the title, copyright, and all other intellectual property rights in the Products and all subsequent copies of the Products.
(b) All title and copyrights in and to the Products (including but not limited to any images, icons, text files, pdfs or other static non-code assets contained within the Products), the accompanying printed materials, and any copies of the Products, are owned by Votazz or its suppliers. This EULA does not grant you any rights to use such content. If the Products contain documentation that is provided only in electronic form, you may print one copy of such electronic documentation. Except for any copies of this EULA, you may not copy the printed materials accompanying the Products.
(c) Other than as allowed by this EULA, you may not (i) reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies of, create derivative works from, distribute or provide non-Authorized Users with access to the Products in whole or part, (ii) use the Products for the benefit of any third party, (iii) incorporate any Products into a product or service you provide to a third party, (iv) interfere with any license key mechanism in the Products or otherwise circumvent mechanisms in the Products intended to limit your use, (v) remove or obscure any proprietary notices on the Products or any permitted copies of the Products, or (vi) publicly disseminate information regarding the benchmarking performance of the Products.
(d) You may not copy or embed elements of the Source Code into other applications, or publish, transmit or communicate the Source Code to other parties other than yourself or the entity you represent.
(e) You retain all right, title and interest in and to any Personal Information or Data that you upload, submit or otherwise transmit to or through the Hosted Services or through Votazz’s online support systems (including Votazz End User License Agreement)
For communications concerning this EULA, please write to email@example.com
Peter J. Muldoon