This End User License Agreement governs the terms and conditions under which you will
enter in a business relationship with us and by ordering, using or accessing any of Seavus
products and services you agree to be bound by this EULA. This EULA is the legal contract
producing rights and obligations between you and Seavus for the product and services
This Agreement applies to all Seavus products and services related to Atlassian products,
jointly named as “Atlassian Apps” that you purchase from channels which include:
- The Atlassian Marketplace
- Seavus sales or client services team
- Atlassian Experts or other partners and resellers who have the capacity to sell Seavus
- Other marketplaces, websites, or other mechanisms which sell Seavus products and
may refer to this Agreement.
The following terms shall have the following meanings assigned to them. In this End User
License Agreement (hereinafter referred as “EULA” or “the Agreement”), unless the
context expressly provides otherwise:
A description of functionality, installation and use of
the Software which may be issued from time to time
by Licensor either in hardcopy or in digital form.
Seavus AB a Company incorporated under the laws
of Sweden that is developing, producing, supporting,
marketing and/or selling software and consultancy
services, individually or through its authorized
partners or distributors.
The right to Use the Software according to the terms
and conditions of this EULA.
The individual or a legal entity which, by ordering,
using or accessing Seavus products and services,
agrees to be bound by this EULA, which shall not resell, transfer, publish, disclose, display, modify, copy,
decompile in whole or in part in any way, or remove
any trade or other marks of the Software or otherwise
make available to others any source code, object
code or executive, documentation, or other material
relating to the Software without expressed written
approval by the Licensor or unless arranged to do it
so under the terms and conditions of this EULA.
"Seavus products and services"
This Agreement governs Seavus’s commercially
available and in some cases downloadable software
products and services (“Software”) as well as cloudbased products and services (“Hosted Services”), and any related support or maintenance
services provided by Seavus, hereinafter jointly
referred to as “Products”.
Please note, elements of Software may be available
via Hosted Services and vice-versa. In such cases,
all relevant terms in this Agreement still govern such
Software includes products which may have
downloadable software components or applications,
including categories of products that may be specific
to Atlassian, such as Server (with a perpetual license)
and Data Center (under a subscription license)
applications. Software also includes computer
software and source code, as well as associated
media, icons, images, text files, pdfs or other static
non-code assets contained within any form of
software, printed materials, and “online” and
electronic documentation and internet-based
Hosted Services includes products and services
which are commercially available via a cloud-based
platform (or SaaS mechanism). Within the Atlassian
context, this includes Cloud variants of Seavus
products available via Atlassian Cloud platforms.
“Software Subscription License”
Is a license of the Software with validity for use during
the subscription period, with recurring payments for
future validity periods. It includes support, updates
and upgrades covered with Software Maintenance
Assurance, if such service is included in the initial
purchase or is purchased additionally to the License.
Any enhanced or modified version of the Software from
time to time issued by the Licensor or its authorized
"Use" or "Using"
Means the benefit from using the functionality of the
Software in accordance with the Documentation, if
any, and this End User License Agreement.
Upgrade License allows the users who have
purchased a Software License to upgrade the
Software to its newer versions for free during the
period of validity of the License. Once the license
period expires the users can upgrade to newer
versions of the Software only if they purchase an
Upgrade License for the expired Software License.
The number of users for whom the Licensee from
time to time has bought a valid License.
Is a license of the Software with perpetual validity with
one-time payment fee. It does not include support,
updates and upgrades itself by default, however
purchasing Software Maintenance and Assurance
program can be made additionally.
Please note, this License is available only for server add-ons.
“Order“ means Seavus’s applicable online order page(s), or the invoice or other
ordering document provided by Seavus or 3rd party partner or marketplace (including
for example Atlassian’s Marketplace) describing the products, licenses and services
you are ordering from us and, as applicable, their permitted scope of use. As
applicable, the Order will identify items such as: (i) the Products, (ii) the number of
Authorized Users, Subscription Term, domain(s) that may be associated with your use
of the Products, and any other scope of use parameters and (iii) (for paid Orders) the
amount or rate you will be charged, the billing and renewal terms, applicable currency,
and form of payment. Orders may also include a description of additional services such
as support and No-Charge Products.
3. Account Registration
You may need to register for an Atlassian account in order to place orders or access
or receive any Products. Any registration information that you provide to us or a third
party must be accurate, current and complete. You must also update your information
so that we 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.
4. Financial Terms – Atlassian and Taxes
4.1 Atlassian Apps Delivery
We will deliver the applicable license keys (in the case of Software) or login instructions
(in the case of Hosted Services) to the email addresses specified in your Order when
we have received payment of the applicable fees. All deliveries under this Agreement
will be electronic. For the avoidance of doubt, you are responsible for installation of
any Software, and you acknowledge that both Seavus and Atlassian have no further
delivery obligation with respect to the Software after delivery of the license keys. The
delivery of license keys shall be made by Atlassian through the Atlassian Marketplace
on behalf of Seavus, unless other arrangements have been made directly with Seavus
outside the scope of this Agreement.
4.2 Atlassian Apps Payment
You agree to pay all fees in accordance with each Order. Unless otherwise specified
in your Order, you will pay all amounts in U.S. dollars at the time you place your Order
unless otherwise specified in the Order. You can request a refund or
exchange/upgrade of your commercial or academic server license up to 30 days after
the original date of purchase or as otherwise specified in your Order. After the 30-day
period, standard pricing for upgrades will apply and refunds/ exchanges will not be
available. Refunds for any Seavus products that are sold to work with Atlassian Cloud
(i.e. a Hosted Service) are only available within the first paid month after the evaluation
period for monthly subscriptions and within 30 days of payment for annual
subscriptions, or as specified in your Order. In making payments, you acknowledge
that you are not relying on future availability of any Products beyond the current
License Term or Subscription Term or any Product upgrades or feature
enhancements. If you add Authorized Users during your License Term or Subscription
Term, you will be charged for the increased number of Authorized Users pursuant to
the then-currently applicable rates in your next billing cycle. You agree that we may
bill your credit card for renewals, additional users, and unpaid fees, as applicable.
For each Order placed via Atlassian Marketplace, Atlassian Marketplace`s terms and
conditions, which regulate payment and taxes, apply accordingly.
5. Authorized Users
Unless specified otherwise, only the specific individuals for whom you have paid the
required fees and whom you designate through the applicable Product (“Authorized
Users”) may access and use the Products. Authorized Users may be you or your
Affiliates’ employees, representatives, consultants, contractors, agents, or other third
parties who are acting for your benefit or on your behalf. 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. In all cases, you must pay the
applicable fee for the increased number of Authorized Users. You are responsible for
compliance with this Agreement by all Authorized Users. All use of Products by you
and your Authorized Users must be within the scope of use and solely for the benefit
of you or your Affiliates. “Affiliate” means an entity which, directly or indirectly, owns or
controls, is owned or is controlled by or is under common ownership or control with a
party, where “control” means the power to direct the management or affairs of an
entity, and “ownership” means the beneficial ownership of 50% (or, if the applicable
jurisdiction does not allow majority ownership, the maximum amount permitted under
such law) or more of the voting equity securities or other equivalent voting interests of
6. Software Terms
6.1 Your License Rights
Subject to the terms and conditions of this Agreement, Seavus grants you a nonexclusive, non-sublicensable and non-transferable license to install and use the
Software during the applicable License Term in accordance with this Agreement,
excluding Hosting Services. The term of each Software license (“License Term”) will
be specified in your Order. Your License Term will end upon any termination of this
Agreement, even if it is identified as “perpetual” or if no expiration date is specified in
6.2 Number of Instances
Unless otherwise specified in your Order, for each Software license that you purchase,
you may install one production instance of the Software on systems owned or operated
by you (or your third party service providers so long as you remain responsible for their
compliance with the terms and conditions of this Agreement).
In any use of the Software, where such attribution is provided as part of the product,
you must include the following attribution to Seavus on all user interfaces in the
following format: “Powered by Seavus” which must in every case include a hyperlink
to http://www.seavus.com , and which must be in the same format as delivered in the
6.4 Evaluation Licenses and Periods
Seavus may in its sole discretion provide evaluation copies of the Software for
customers to assess the Software, which may not have full functionality. If the
Software is only provided for evaluation purposes the rights of the Licensee are limited
to this evaluation license which permits the Licensee to download, install, use and
operate the Software for a limited period (“Evaluation Period”) and be accessed by a
limited number of temporary users only, as determined by Seavus (“Evaluation
License”). On the expiry of the Evaluation Period the Software will cease to function
and the Licensee must remove and delete all copies of the Software in its possession.
7. Access to Hosted Services
7.1 Right to Access
Subject to the terms and conditions of this Agreement, Seavus may grant you a nonexclusive right to access to use the Hosted Services during the applicable Subscription
Term (as defined below) in accordance with this Agreement, your applicable scope of
use as defined in your Order, and the documentation. If Seavus offers client software
(e.g., a desktop or mobile application) for any Hosted Service, you may use such
software solely with the Hosted Service, subject to the terms and conditions of this
Agreement. You acknowledge that our Hosted Services are on-line, subscription-based products and that we may make changes to the Hosted Services from time to
7.2 Subscription Terms and Renewals
Hosted Services are provided on a subscription basis for a set term specified in your
Order (“Subscription Term”).
Except as otherwise specified in your Order, all subscriptions will automatically renew
for periods equal to your initial Subscription Term (and you will be charged at the then-current rates) unless you cancel your subscription. 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 unless noted
otherwise in your Order.
You must ensure that all Authorized Users keep their user IDs and passwords for the
Hosted Services strictly confidential and not share such information with any
unauthorized person. User IDs are granted to individual, named persons and may not
be shared. You are responsible for any and all actions taken using your accounts and
passwords, and you agree to immediately notify us as well as Atlassian, Slack or
Trello (as appropriate) of any unauthorized use of which you become aware.
7.4 Your Data
“Your Data” means any data, content, code, video, images or other materials of any
type that you upload, submit or otherwise transmit to or through Hosted Services. You
will retain all right, title and interest in and to Your Data in the form provided to Seavus.
Subject to the terms of this Agreement, you hereby grant to Seavus a non-exclusive,
worldwide, royalty-free right to (a) collect, use, copy, store, transmit, modify and create
derivative works of Your Data, in each case solely to the extent necessary to provide
the applicable Hosted Service to you and (b) for Hosted Services that enable you to
share Your Data or interact with other people, to distribute, publicly perform and
display Your Data as you (or your Authorized Users) direct or enable through the
Hosted Service. Seavus may also access your account or instance in order to respond
to your support requests.
Seavus implements security procedures to help protect Your Data from security
attacks. However, you understand that use of the Hosted Services necessarily
involves transmission of Your Data over networks that are not owned, operated or
controlled by us, and we are not responsible for any of Your Data lost, altered,
intercepted, or stored across such networks. We cannot guarantee that our security
procedures will be error-free, that transmissions of Your Data will always be secure, or
that unauthorized third parties will never be able to defeat our security measures or
those of our third-party service providers.
8. Responsibility for Your Data
You must ensure that your use of all Your Data is at all times compliant with all
applicable local, state, federal and international laws and regulations (“Laws”). You
represent and warrant that:
8.1.1 you have obtained all necessary rights, releases and permissions to provide all
Your Data to Seavus and to grant the rights granted to Seavus in this Agreement and
8.1.2 Your Data and its transfer to and use by Seavus as authorized by you under this
Agreement do not violate any Laws (including without limitation those relating to export
control and electronic communications) or rights of any third party, including without
limitation any intellectual property rights, rights of privacy, or rights of publicity, and
any use, collection and disclosure authorized herein is not inconsistent with the terms
of any applicable privacy policies. Seavus assumes no responsibility or liability for
Your Data, and you shall be solely responsible for Your Data and the consequences
of using, disclosing, storing, or transmitting it.
8.2 Sensitive Data
You will not submit to the Hosted Services (or use the Hosted Services to collect) any
biometric, genetic or any other data concerning health, which is subject to regulation
or protection under specific laws.
The above information mentioned in this clause “Sensitive Data” will be collectively
referred to as “Sensitive Data”. You also acknowledge that Seavus is not acting as
your Business Associate or Subcontractor and Seavus has no liability under this
Agreement for Sensitive Data.
8.3 Indemnity for Your Data
You will defend, indemnify and hold harmless Seavus from and against any loss, cost,
liability or damage, including attorneys’ fees, for which Seavus becomes liable arising
from or relating to any claim relating to Your Data, including, but not limited to any
claim brought by a third party alleging that Your Data, or your use of the Hosted
Services in breach of this Agreement infringe or misappropriate the intellectual
property rights of a third party or violates applicable law. This indemnification obligation
is subject to your receiving
8.3.1 prompt written notice of such claim (but in any event notice in sufficient time for
you to respond without prejudice);
8.3.2 the exclusive right to control and direct the investigation, defense, or settlement
of such claim; and
8.3.3 all reasonable necessary cooperation of Seavus at your expense.
8.4 Removals and Suspension
Seavus has no obligation to monitor any content uploaded to the Hosted Services.
Nonetheless, if we deem such action necessary based on your violation of this
Agreement, we may (1) remove Your Data from the Hosted Services or (2) suspend
your access to the Hosted Services. We will generally alert you when we take such
action and give you a reasonable opportunity to cure your breach, but if we determine
that your actions endanger the operation of the Hosted Service or other users, we may
suspend your access immediately without notice. You will continue to be charged for
the Hosted Service during any suspension period. We have no liability to you for
removing or deleting Your Data from or suspending your access to any Hosted
Services as described in this section.
8.5 Deletion at End of Subscription Term
We may remove or delete Your Data within a reasonable period of time after the
termination of your Subscription Term subject to the terms of this Agreement.
9. Support and Maintenance
Seavus will provide the support and maintenance services where specified for the
Products (“Support and Maintenance”) during the period for which you have paid the
applicable fee. This Agreement applies to updates, supplements, add-on components,
or Internet-based services components which includes use of “cloud” based
applications, of the Software (“Supplementary Software”) that Seavus may provide to
the Licensee or make available to the Licensee after the date the Licensee obtains its
initial copy of the Software, unless Seavus provides other terms along with any
Supplementary Software. Seavus reserves the right to discontinue any Internet-based
services provided to the Licensee or made available to the Licensee through the use
of the Software. Any support services provided by Seavus and described separately
in documentation to the Licensee specifically may be subject to the payment of
10. Intellectual Property Rights - Ownership and Feedback
Products are made available on a limited license or access basis, and no ownership
right is conveyed to you, irrespective of the use of terms such as “purchase” or “sale”.
Seavus and its licensors have and retain all right, title and interest, including all
intellectual property rights, in and to the Products (including all No-Charge Products),
their “look and feel”, any and all related or underlying technology, and any
modifications or derivative works of the foregoing created by or for Seavus, including
without limitation as they may incorporate Feedback (“Seavus Technology”). From
time to time, you may choose to submit comments, information, questions, data, ideas,
description of processes, or other information to Seavus (“Feedback”), which may or
may not be in the course of receiving Support and Maintenance. Seavus may in
connection with any of its products or services freely use, copy, disclose, license,
distribute and exploit any Feedback in any manner without any obligation, royalty or
restriction based on intellectual property rights or otherwise. No Feedback will be
considered your Confidential Information, and nothing in this Agreement
limits Seavus’s right to independently use, develop, evaluate, or market products,
whether incorporating Feedback or otherwise. Seavus and its affiliates reserve the
right to identify your company as a customer in promotional materials and website. We
will never identify individual users.
Except as otherwise expressly permitted in this Agreement, you will not:
10.1 rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell,
sublicense, transfer, or provide access to the Products to a third party,
10.2 use the Products for the benefit of any third party without prior written
authorization from Seavus.
10.3 incorporate any Products into a product or service you provide to a third party,
10.4 interfere with any license key mechanism in the Products or otherwise circumvent
mechanisms in the Products intended to limit your use,
10.5 reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain
or derive the source code, underlying ideas, algorithms, file formats or non-public APIs
to any Products, except as permitted by law,
10.6 remove or obscure any proprietary or other notices contained in any Product, or
10.7 publicly disseminate information regarding the performance of the Products. At
our request, you agree to provide a signed certification that you are using all Products
pursuant to the terms of this Agreement, including the scope of use.
11.1 Except as otherwise set forth in this Agreement, each party agrees that all code,
inventions, know-how, business, technical and financial information disclosed to such
party (“Receiving Party”) by the disclosing party (“Disclosing Party”) constitute the
confidential property of the Disclosing Party (“Confidential Information”), provided that
it is identified as confidential at the time of disclosure. Any Seavus Technology and
any performance information relating to the Products shall be deemed Confidential
Information of Seavus without any marking or further designation. Except as expressly
authorized herein, the Receiving Party will hold in confidence and not use or disclose
any Confidential Information.
11.2 The Receiving Party’s nondisclosure obligation shall not apply to information
which the Receiving Party can document:
11.2.1 was rightfully in its possession or known to it prior to receipt of the Confidential
11.2.2 is or has become public knowledge through no fault of the Receiving Party;
11.2.3 is rightfully obtained by the Receiving Party from a third party without breach of
any confidentiality obligation; or
11.2.4 is independently developed by employees of the Receiving Party who had no
access to such information.
11.2.5 The Receiving Party may also disclose Confidential Information if so required
pursuant to a regulation, law or court order (but only to the minimum extent required
to comply with such regulation or order and with advance notice to the Disclosing
11.3 The Receiving Party acknowledges that disclosure of Confidential Information
would cause substantial harm for which damages alone would not be a sufficient
remedy, and therefore that upon any such disclosure by the Receiving Party the
Disclosing Party shall be entitled to appropriate equitable relief in addition to whatever
other remedies it might have at law. For the avoidance of doubt, this section shall not
operate as a separate warranty with respect to the operation of any Product.
12. Personal Data processing
Currently, we do not collect, store, use or in any manner process any of your Personal
Data, since the use of Products does not require any Personal Data to be gathered.
In case of any change of these circumstances, this Agreement will be updated
13. Warranty and Disclaimer
13.1 Due Authority
Each party represents and warrants that it has the legal power and authority to enter
into this Agreement, and that, if you are an entity, this Agreement and each Order is
entered into by an employee or agent of such party with all necessary authority to bind
such party to the terms and conditions of this Agreement.
13.2 WARRANTY DISCLAIMER
ALL PRODUCTS ARE PROVIDED “AS IS,” AND SEAVUS AND ITS SUPPLIERS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS
OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT (APART
FROM 3RD PARTY IP INFRINGEMENT), TITLE, FITNESS FOR A PARTICULAR
PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT
THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE
LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. SEAVUS SHALL NOT
BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER
PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC
COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE
CONTROL OF SEAVUS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND
UNLESS OTHERWISE EXPRESSIVELY INDICATED IN THIS
AGREEMENT, NEITHER SEAVUS NOR ANY OF ITS THIRD PARTY SUPPLIERS
MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE
RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY,
ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT
THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY
PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B)
THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER
HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE
ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR
CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE
PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE)
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY AND ALL
LIABILITIES AND WARRANTIES COVERED UNDER THIS AGREEMENT SHALL
EXTEND TO AFFILIATES, EMPLOYEES, CONSULTANTS AND OTHER THIRD
PARTY AUTHORISED USERS.
14. Limitation of Liability
NEITHER PARTY (NOR ITS SUPPLIERS) SHALL BE LIABLE FOR ANY LOSS OF
USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS,
INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL,
INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY
OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES
IN ADVANCE. NEITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER SHALL
EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR PRODUCTS AND
SUPPORT AND MAINTENANCE IN THE 12 MONTHS IMMEDIATELY PRECEDING
THE CLAIM. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, OUR
AGGREGATE LIABILITY TO YOU IN RESPECT OF NO-CHARGE PRODUCTS
SHALL BE US$20. THIS SECTION “LIMITATION OF LIABILITY” SHALL NOT APPLY
TO (1) AMOUNTS OWED BY YOU UNDER ANY ORDERS, (2) EITHER PARTY’S
EXPRESS INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT, OR (3) YOUR
BREACH OF SECTION “RESTRICTIONS”. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, NO SUPPLIERS OF ANY THIRD PARTY COMPONENTS
INCLUDED IN THE PRODUCTS WILL BE LIABLE TO YOU FOR ANY DAMAGES
WHATSOEVER. The parties agree that the limitations specified in this section
“Limitation of Liability” will survive and apply even if any limited remedy specified in
this Agreement is found to have failed of its essential purpose.
15. Refund Policy
If you purchase our Products, after we have delivered the applicable license keys (in
the case of Software) or login instructions (in the case of Hosted Services) to the email
addresses specified in your Order, no refunds will be given. We have this policy
since it would be impossible for you to return your registered version of our software.
Ordering a Software License signifies that you have read and agree with and fully
accept the terms of this and Agreement and the refund policy herein.
16. Governing law
This Agreement will be governed by and construed in accordance with the substantive
laws in force in Sweden. The Swedish courts shall have exclusive jurisdiction over all
disputes relating to this Agreement.
17. Term and Termination
Subject to the terms of this Agreement and unless terminated earlier in accordance
with this Agreement, the term granted hereunder shall be set out in your License
Order. Either party may terminate this Agreement before the expiration of the Term if
the other party materially breaches any of the terms of this Agreement and does not
cure the breach within thirty (30) days after written notice of the breach. Either party
may also terminate the Agreement before the expiration of the Term if the other party
ceases to operate, declares bankruptcy, or becomes insolvent or otherwise unable to
meet its financial obligations. You may terminate this Agreement at any time with
notice to Seavus, but you will not be entitled to any credits or refunds as a result of
convenience termination for prepaid but unused Software, Hosted Services
subscriptions, or Support and Maintenance. Except where an exclusive remedy may
be specified in this Agreement, the exercise by either party of any remedy, including
termination, will be without prejudice to any other remedies it may have under this
Agreement, by law, or otherwise. Once the Agreement terminates, you (and your
Authorized Users) will no longer have any right to use or access any Products, or any
information or materials that we make available to you under this Agreement, including
Seavus Confidential Information. You are required to delete any of the foregoing from
your systems as applicable (including any third party systems operated on your behalf)
and provide written certification to us that you have done so at our request. If any
provision of the Agreement (or part of a provision) is found by any court or
administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the
other provisions shall remain in force. If any invalid, unenforceable or illegal provision
would be valid, enforceable or legal if some part of it were deleted, the provision shall
apply with the minimum modification necessary to make it legal, valid and enforceable
and to give effect to the commercial intention of the parties.
The following provisions will survive any termination or expiration of this Agreement:
sections “Indemnity for Your Data”, section “Payment”, section “Taxes”, section
“Intellectual Property Rights - Ownership and Feedback”, section “Confidentiality”,
section “Term and Termination”, section “Warranty Disclaimer”, section “Limitation of
Liability”, section “Governing law” and section “General Provisions”.
18. General Provisions
If any part of this End User License Agreement is found void and unenforceable, it will
not affect the validity of the balance of the Agreement, which shall remain valid and
enforceable according to its terms.
This Agreement shall not prejudice the statutory rights of any party dealing as a
consumer. This Agreement may only be modified in writing signed by an authorized
officer of the Licensor.
We may update or modify this Agreement from time to time, including any referenced
policies and other documents. You acknowledge and agree that we have the right, in
our sole discretion, to modify these Terms from time to time and that modified terms
become effective on posting. You are responsible for reviewing and becoming familiar
with any such modifications. If a revision meaningfully reduces your rights, we will use
reasonable efforts to notify you (by, for example, sending an email to the billing or
technical contact you designate in the applicable Order, posting on our blog, through
your Seavus account, or in the Product itself). Your continued use of the Service after
the effective date of the modifications will be deemed acceptance of the modified
If you object to the updated Agreement, as your exclusive remedy, you may choose
not to renew, including canceling any terms set to auto-renew.
The Licensee may not transfer or assign, rent, lease, sublicense or authorize all or any
portion of the Software to be copied and used by another person or legal entity, nor
transfer or assign to any third party this Agreement, unless explicitly confirmed and
agreed to in writing with the Licensor to do so.
Licensor may transfer or assign the Products or this Agreement to a third party without
requiring prior approval from Licensee.
LICENSEE EXPRESSLY ACKNOWLEDGES TO HAVE READ THIS AGREEMENT AND
UNDERSTANDS THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET IN THIS END
USER LICENSE AGREEMENT.
Scheelevägen 27, floor 16, 223 63 Lund