CCI Commercial License

BY DOWNLOADING OR INSTALLING THE PLUG-IN ("SOFTWARE"), YOU AND THE ENTITY OR COMPANY THAT YOU REPRESENT ("CUSTOMER") ACKNOWLEDGE YOUR UNDERSTANDING AND ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS, AND YOUR AUTHORITY TO DO SO ON BEHALF OF YOUR COMPANY (IF APPLICABLE). KAP IT IS ONLY WILLING TO GRANT TO YOU THE RIGHT TO USE THE SOFTWARE UNDER THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT DOWNLOAD NOR ORDER THE SOFTWARE.

1. License

During the term and subject to the terms and conditions of this Agreement, KAP IT hereby grants to Customer a worldwide, non-exclusive, non-transferable, limited license to use the Software for which a valid license key has been issued by KAP IT, and related documentation consisting of demonstration and presentation pages on KAP IT's website (http://lab.kapit.fr/confluence) ("Documentation"). Customer's use of the Software shall be limited to internal use, with a single installation of Atlassian Confluence, and all such use shall be in accordance with the provisions and limitations set forth in the online order form ("Order") filled in by Customer before downloading the Software. The Software includes code to verify that Customer is not exceeding the authorized number of users or the term of the license, encoded in the license key issued by KAP IT, and that the number of users of the Software is compliant with the number of users authorized for Atlassian Confluence. In the event that Customer exceeds its license, the Software may cease to operate.

Customer may not transfer, sell, assign or otherwise convey this Agreement or the Software, by operation of law or otherwise, to any other party. Customer may not sell, rent, license, or grant sublicenses, leases, or other rights in the Software to others or otherwise allow the Software to be accessed by another party. Customer shall have no right to use the Software to provide time sharing services or act as or operate a service bureau or provide subscription or hosting services for others, nor to use the Software in any software application that is made available on a time sharing, service bureau, subscription or hosting basis. Customer may not use the Software to develop, test, support or market competitive products designed for commercial distribution. This Agreement automatically terminates if Customer novates, assigns, sells, rents, licenses, grants, sublicenses, leases or otherwise transfers possession of any copy of the Software or of Software Updates to another party or purports to do the same.

Customer agrees to pay the applicable license fees, as well as any applicable charges, as set forth in the Order.

The term of the license shall be in accordance with the Order (depending on the type of license chosen by Customer (commercial, academic, open source project / non-profit, or demonstration license - or freeware license, if available), and in any case, subject to termination in accordance with the provisions of Section 4 below.
If the license is granted for an open source project, a non-profit organization, or an academic organization, Customer's use of the Software shall be limited to the sole project / organization declared in the Order.

2. Software Updates

If Customer orders and pays for Software Update services, Customer shall obtain all Software Updates that KAP IT may release from time to time.

For purposes of this Agreement a "Software Update" shall mean any minor feature updates (changes in the second digit of the version number e.g. 1.1 to 1.2) and any bug fix updates (changes in the third digit of the version number, e.g. 1.1.1 to 1.1.2) relating to the major release for which the License is granted.

This Agreement does not enable Customer to obtain nor use subsequent major versions of the Software. After first obtaining a Software license, Customer can obtain a new license for subsequent major versions at a preferential price, and benefit from the related Software Update services.

A Software Update replaces part or all of the Software or of a Software Update previously licensed to Customer and shall terminate such previously licensed Software or Software Update to the extent replaced by the Software Update. Software Updates shall be subject to the terms and conditions of the license agreement accompanying the Software Update.
The term of the Sofware Update services, if ordered and paid, is for a one-year period. On expiration of this term, it shall be renewable according to KAP IT's then current policies and fees.

3. Intellectual Property Rights

The Software is a proprietary product of KAP IT, a French company registered under number B 483 404 570 in Evry (France), and is protected by intellectual property law. The Software is deposited at the French "Agence pour la Protection des Programmes". By virtue of this Agreement, Customer acquires only the non-exclusive right to use the Software and does not acquire any rights of ownership or other right in the Software or Documentation. KAP IT shall at all times retain all right, title, and interest in the Software and Documentation. Except as otherwise expressly provided for in this Agreement, Customer acquires no rights of any kind in or to any trade name, logo, or trademark of KAP IT, or any product designation under which the Software was or is marketed and shall not make use of the same for any reason except as expressly authorized in writing by KAP IT.

4. Protection of the Software

Customer shall (i) limit use and disclosure of the Software to its employees and to its consultants who agree to be bound by the terms of this Agreement; (ii) not provide or disclose any of the Software to any other party without the prior written consent of KAP IT; and (iii) take all reasonable precautions to maintain the confidentiality of the Software. Customer agrees, under penalty of license termination but not exclusive of any other remedies, not to cause or permit the reverse engineering, modification, decryption, extraction, disassembly, copying, or decompilation of the Software (except as permitted by applicable law). Customer may copy the Software only for archival purposes. Customer may copy the Documentation (in electronic format) solely for the purpose of facilitating Customer's use of the Software in accordance with, and subject to, the terms and conditions of this Agreement. Customer may not copy nor allow others to copy the Software or any Software Update, or any portion thereof, for any purpose other than expressly set forth herein. Customer agrees not to remove any product identification, copyright notices, or other notices or proprietary restrictions from the Software and may not disclose any information regarding any benchmark or tests of the Software to any third party.

5. Termination

KAP IT may terminate this Agreement by written notice if Customer materially defaults in the performance of any provision of this Agreement and fails to cure such default within thirty (30) calendar days after receipt of notice of the default from KAP IT. This remedy shall not be exclusive but shall be cumulative upon all other rights and remedies allowed or allowable under this Agreement or by law. On termination of this Agreement for any reason or expiration of the term of this Agreement (if applicable), Customer will destroy all copies of the Software.

6. Warranty

KAP IT warrants that for a period of thirty (30) days from Customer's purchase of the license to use the Software ("Warranty Period"), the copy of the Software delivered to Customer conforms in all material respects to the Documentation. As the sole and exclusive remedy for any failure of the Software to materially conform to the Documentation, KAP IT shall repair, replace, or correct the Software if such failure is reported during the Warranty Period or, if KAP IT, at its discretion, reasonably determines that such remedy is not economically or technically feasible, this Agreement, and Customer's license hereunder, will terminate and KAP IT shall provide a full refund of the license fee paid with respect to the particular Software. This warranty does not cover defects due to modification by Customer or any third party, or any other cause occurring after initial delivery of the Software to Customer.

KAP IT warrants that it has the right to license the Software. KAP IT will defend Customer against any claim based on an allegation that the Software infringes a patent or copyright, but only if KAP IT is notified promptly in writing of such claim and is given sole control of the defense thereof and all settlement negotiations relating thereto. Notwithstanding the foregoing, KAP IT shall not be liable to Customer for any claim arising from or based upon the alteration or modification of the Software.

THE LIMITED WARRANTY SPECIFIED IN THIS SECTION 6 SETS FORTH THE ENTIRE WARRANTIES AND REPRESENTATIONS PROVIDED BY KAP IT TO CUSTOMER WITH RESPECT TO THE SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY PROVIDED BY KAP IT TO CUSTOMER PURSUANT TO THIS SECTION 6, KAP IT DOES NOT MAKE ANY EXPRESS WARRANTIES OR REPRESENTATIONS RELATING TO THE SOFTWARE OR ANY SERVICES RELATED THERETO, AND FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND ANY SERVICES RELATED THERETO.

Without limiting the scope of the disclaimers set forth herein, KAP IT, for example, does not warrant that there are no discrepancies between the Software and the Documentation, nor that errors cannot arise during the use of the Software, nor that the Software is compatible with other plug-ins or software, nor that it will be compatible with future versions of Atlassian Confluence.

7. Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF KAP IT, IF ANY, FOR DAMAGES RELATING TO THE SOFTWARE AND RELATED SERVICES SHALL BE LIMITED TO THE ACTUAL AMOUNTS PAID BY CUSTOMER FOR SUCH SOFTWARE AND/OR SERVICES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL KAP IT BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY COMMERCIAL DAMAGES OR LOSSES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR ANY PORTION THEREOF, OR ANY SERVICES, EVEN IF KAP IT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Miscellaneous

THIS AGREEMENT, INCLUDING THE ORDER, CONSTITUTES THE COMPLETE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SOFTWARE AND SUPERSEDES ANY OTHER AGREEMENT, COMMUNICATION OR ADVERTISING, ORAL OR WRITTEN, WITH RESPECT TO THE SOFTWARE. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF FRANCE. ANY DISPUTE RELATING TO THE SOFTWARE SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE PARIS, FRANCE COURTS. If any provision of this Agreement is held to be unenforceable, such provision shall be limited, modified or severed as necessary to eliminate its unenforceability, and all other provisions shall remain unaffected. KAP IT's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision.