End User License Agreement (EULA)

END USER LICENSE AGREEMENT - Midori Global Consulting Kft. - Version 1.0

BY INSTALLING OR USING ANY PART OF THE SOFTWARE, YOU AND THE ENTITY OR COMPANY THAT YOU 
REPRESENT ("YOU") ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO 
THIS LICENSE AGREEMENT ("AGREEMENT"). IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF
THIS AGREEMENT, YOU WILL NOT HAVE ANY RIGHT TO USE THE SOFTWARE. THE ACCEPTANCE BY 
MIDORI GLOBAL CONSULTING KFT., 1149 BUDAPEST, EGRESSY 31-33, D. 3/3, HUNGARY ("MIDORI") IS EXPRESSLY 
CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF
ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
 

1. License. Subject to Your full compliance with all the terms and conditions of this Agreement, 
   Midori grants You a nontransferable, nonsublicensable, nonexclusive license, revocable at 
   Midori's discretion, to use the software in object code form only that You will receive through 
   the download (the "Client"), the accompanying documentation, and any additional software that 
   may be made available by Midori from time to time for use with the Client (collectively "Software") 
   in accordance with the accompanying documentation. Any other use must be pre-approved by Midori 
   in writing. This Agreement allows You to run the Software only as received at the time of download, 
   in a single installation of Jira, for the number of authorized users, for twelve (12) months
   following the commencement of a fully paid support term for the Software.

2. Restrictions. You shall not, nor permit anyone else to, directly or indirectly: (i) copy, modify, or 
   distribute the Software or license key (if any); (ii) reverse engineer, disassemble, decompile or 
   otherwise attempt to discover the source code or structure, sequence and organization of all or 
   any part of the Software (except that this restriction shall not apply to the limited extent restrictions 
   on reverse engineering are prohibited by applicable local law); or (iii) rent, lease, or use the Software 
   for timesharing or service bureau purposes, or otherwise use the Software for any commercial purpose. 
   You shall maintain and not remove or obscure any proprietary notices on the Software, and shall reproduce 
   such notices exactly on all permitted copies of the Software. As between the parties, Midori shall own 
   all title, ownership rights, and intellectual property rights in and to the Software, and any copies or 
   portions thereof. You understand that Midori or its licensors may modify or discontinue offering 
   the Software at any time. This Agreement does not give You any rights not expressly and unambiguously 
   granted herein.

3. Intellectual Property; Content. As a condition to Your use of the Software, You represent, warrant and 
   covenant that You will not use the Software: (i) to infringe the intellectual property or proprietary rights, 
   or rights of publicity or privacy, of any third party; (ii) to violate any applicable law, statute, ordinance 
   or regulation; (iii) to disseminate, transfer or store information or materials in any form or format ("Content") 
   that are harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise 
   objectionable or that otherwise violate any law or right of any third party; (iv) to disseminate any software 
   viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of 
   any computer software or hardware or telecommunications equipment, or violate the security of any computer network; 
   or (v) to run Maillist, Listserv, "bots," "robots," any form of auto-responder, or "spam," or any processes 
   that run or are activated while You are not logged in. You, not Midori, remain solely responsible for all Content 
   that You upload, post, e-mail, transmit, or otherwise disseminate using, or in connection with, the Software. 
   You acknowledge that all Content You access through use of the Software is accessed at Your own risk and 
   You will be solely responsible for any damage or liability to any party resulting from such access.

4. Support. This Agreement entitles You to email support, upgrades, patches, enhancements, and fixes (collectively, 
   "Support") for twelve (12) months following the commencement of a fully paid support term for the Software, 
   provided that You comply with all the terms and conditions of this Agreement.
 
5. Warranty Disclaimer. THE SOFTWARE IS PROVIDED "AS IS". MIDORI MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, 
   AND MIDORI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF 
   MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, MIDORI DOES NOT WARRANT RESULTS 
   OF USE OR THAT THE SOFTWARE IS BUG FREE OR ERROR FREE OR THAT ITS USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF 
   WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. ALL THE FOREGOING DISCLAIMERS ALSO APPLY IN FULL 
   WITH RESPECT TO MIDORI'S LICENSORS, SUPPLIERS, DISTRIBUTORS, CONTRACTORS AND AGENTS.

6. Limitation of Remedies and Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, 
   TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL MIDORI BE LIABLE TO YOU OR ANY OTHER PERSON (I) 
   FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER OR (II) FOR ANY MATTER BEYOND 
   ITS REASONABLE CONTROL. MIDORI'S LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE 
   LIMITED TO THE TOTAL FEES PAID BY YOU TO MIDORI, EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE MIDORI'S 
   LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. ALL THE FOREGOING LIMITATIONS 
   SHALL APPLY EVEN IF MIDORI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. ALL THE FOREGOING LIMITATIONS ALSO 
   APPLY WITH RESPECT TO MIDORI'S SUPPLIERS, LICENSORS, DISTRIBUTORS, CONTRACTORS AND AGENTS.

7. Indemnity. You agree that Midori and its licensors, distributors, contractors and agents shall have no liability 
   whatsoever for any use You make of the Software. You shall indemnify and hold harmless Midori and its licensors, 
   suppliers, distributors, contractors and agents from any claims, damages, liabilities, costs and fees (including 
   reasonable attorneys' fees) arising from (a) Your failure to comply with any term of this Agreement; or (b) use of 
   the Software in combination with other hardware, software or other systems that would have been avoided but for 
   such use or combination. To the maximum extent permitted by applicable law, You hereby release, and waive all claims 
   against, Midori and its licensors, suppliers, employees and agents from any and all liability for claims, damages 
   (actual and consequential), costs and expenses of every kind and nature, arising out of or in any way connected with 
   use of the Software.

8. Termination. This Agreement shall continue until terminated as set forth in this section. You may terminate this 
   Agreement at any time. Your rights under this Agreement will terminate automatically and irrevocably without notice 
   from Midori if You fail to comply with any term(s) of this Agreement, including any attempt to transfer a copy of 
   the Software or Software license key (if any) to another party except as provided in this Agreement. Upon termination 
   for any reason, the Agreement granted hereunder shall terminate and You shall immediately discontinue all use of 
   the Software and destroy and remove from all computers, hard drives, networks and other storage media all copies of 
   the Software, but the terms of this Agreement will otherwise remain in effect.

9. Export Law Assurances. In connection with the Software, You agree to comply with all export laws and restrictions and 
   regulations, and You agree not to export, or allow the export or re-export of the Software in violation of any such 
   restrictions, laws or regulations. By using the Software, You agree to the foregoing and represent and warrant that 
   You are not located in, under the control of, or a national or resident of any restricted country.

10. Miscellaneous. No agency, partnership, joint venture, or employment is created as a result of this Agreement and 
    You do not have any authority of any kind to bind Midori in any respect whatsoever. The failure of either party to 
    exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. 
    If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated 
    to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. 
    This Agreement is not assignable, transferable or sublicensable by You except with Midori's prior written consent. 
    Midori may transfer, assign or delegate this Agreement and its rights and obligations without consent. You grant Midori 
    the right to include Your name on Midori's website and in other promotional material in relation to the Software. 
    Within thirty (30) days of Your written request, Midori will remove Your Marks from its website customer list and will 
    make no further use of Your marks in any future material promoting the Software. This Agreement shall be governed by and 
    construed in accordance with the laws of Hungary. Exclusive venue for both parties shall be Budapest.