ERD Studio for ConfluenceEnd user licence agreement
This agreement is between Liam Wynne, a sole trader in Australia (ABN 94 885 368 933) ("we" or "us"), and the organisation that installs or uses ERD Studio for Confluence (the "app") ("you"). By installing or using the app, you agree to it. If you're accepting on behalf of an organisation, you confirm that you're authorised to do so.
1. Licence
While your subscription or trial is active, we give you a non-exclusive, non-transferable licence to use the app on the Atlassian Confluence Cloud site you installed it on, for your internal business purposes, for the number of users you're licensed for. The app is licensed, not sold, and we keep all rights not expressly granted here.
2. Buying the app
You buy the app through the Atlassian Marketplace. Prices, billing, trials, renewals, refunds and taxes are handled by Atlassian under the Atlassian Marketplace Terms of Use. If your subscription ends, the app stops rendering diagrams.
3. What you may not do
You may not: resell, sublicense or rent the app; copy, modify, reverse engineer or decompile it, except where the law allows you to despite this restriction; get around its licensing or access controls; use it to break the law or anyone's rights; or use it to build a competing product.
4. Your content
Your diagrams, repositories and Confluence content stay yours. You give us permission to access and process them only to run the app for you, as described in our privacy policy. You're responsible for choosing which repositories the app can read and which Confluence pages show diagrams. Anyone who can view a page can see the diagrams on it.
5. Third-party services
The app runs on Atlassian Forge and reads data from GitHub. Your use of Atlassian and GitHub is governed by your agreements with them, and we're not responsible for their availability or changes they make.
6. Support and updates
We provide support by email as described on the support page. We may update the app from time to time, including to fix problems, add features, or keep up with changes to Atlassian or GitHub.
7. Warranties
Nothing in this agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other law that can't lawfully be excluded or limited ("non-excludable rights"). Apart from the non-excludable rights, the app is provided "as is" and "as available", and we exclude all other warranties, express or implied, including fitness for a particular purpose and uninterrupted or error-free operation.
8. Limitation of liability
To the extent the law allows:
- where we're liable for breaching a non-excludable right and the law allows us to limit that liability, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again;
- we aren't liable for any indirect or consequential loss, or for loss of profit, revenue, data or goodwill; and
- our total liability arising out of or in connection with this agreement is limited to the amount you paid for the app in the 12 months before the event giving rise to the claim.
9. Ending the agreement
This agreement lasts while you use the app. It ends when you uninstall the app or your subscription ends. We may suspend or end your licence if you materially breach this agreement and don't fix the breach within 30 days of notice. Sections 3, 4, 7, 8 and 11 survive termination.
10. Changes
We may update this agreement. We'll change the date at the top, and if a change materially reduces your rights, we'll give notice on the app's Marketplace listing at least 30 days before it takes effect. If you keep using the app after that, you accept the updated agreement.
11. General
This agreement is governed by the laws of New South Wales, Australia, and you and we submit to the non-exclusive jurisdiction of its courts. If part of this agreement is unenforceable, the rest still applies. This agreement, the privacy policy and the Atlassian Marketplace Terms of Use are the entire agreement about the app.