4. EULA

Owned by Ted Kim
Last updated: 2024-13-11월
10 min read

End-User License Agreement (EULA) for all KND Solution Inc. Atlassian apps available on the Atlassian Marketplace

 

This End-User License Agreement ("EULA") is a legal agreement between you and KND Solution Inc.

This EULA agreement governs your acquisition and use of our KND Solution Inc. Software products ("KND Solution Inc.", "Software") from the Atlassian Marketplace.

 

Please read this EULA agreement carefully before completing the installation process and using KND Solution Inc. Software products. It provides a license to use KND Solution Inc. Software Product and contains warranty information and liability disclaimers.

If you register for a free trial of a KND Solution Inc. Software products, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using KND Solution Inc. Software products, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

 

 

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

 

This EULA agreement shall apply only to the Software supplied by KND Solution Inc. herewith regardless of whether other Software is referred to or described herein. The terms also apply to any KND Solution Inc. updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

 

  1. Definitions

  • Atlassian Software means Software developed by Atlassian i.e. Jira, Confluence.

  • Authorized Use refers to the installation of KND Solution Inc. Software Products on a physical server of Licensee's choosing or installation in an Atlassian Cloud instance and the use of KND Solution Inc.  Software Products by Authorized Users for the Licensee’s internal business purposes in accordance with the terms of this Agreement. 

  • Authorized User refers to named user that accesses and uses KND Solution Inc. Software Products under this EULA. The number of Authorized Users may not exceed the number of users purchased by Licensee on the Atlassian Marketplace.

  • KND Solution Inc.  Software Product refers to all KND Solution Inc.  Software Products to be licensed and includes anyKND Solution Inc.  Software Product updates provided by KND Solution Inc.  to the Licensee periodically.

  • Deployment / Test system means a separate Atlassian Software instance used solely for deployment or testing.

  • License Fee means the total amount paid and payable to KND Solution Inc.  by the Licensee for theKND Solution Inc. Software Products.

  • Licensee means the person, company, organization or other entity on whose behalf you are ordering KND Solution Inc.  Software Products and entering into this EULA.

  • License Term means the term of each KND Solution Inc.  Software Product license. The term will be specified in your Order. 

 

  1. License Grant

 

Subject to the terms of this agreement, KND Solution Inc. hereby grants to the licensee a personal, non-transferable, non-exclusive license to use KND Solution Inc. Software Products for Authorized Use.

Licensee is permitted to install KND Solution Inc. Software Products in an Atlassian application (i.e. Jira, Confluence) under Licensees control or in a Atlassian Cloud instance. Licensee is responsible for ensuring that the Atlassian applications are compatible to the KND Solution Inc. Software Product Licensee is installing. Licensee is also permitted to install the Software on a Deployment / Test system.

Licensee is not permitted to:

  • Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other Software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things

  • Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose

  • Allow any third party to use the Software on behalf of or for the benefit of any third party

  • Use the Software in any way which breaches any applicable local, national or international law

  • Use the Software for any purpose that KND Solution Inc. considers is a breach of this EULA agreement.

 

  1. Intellectual Property and Ownership

 

KND Solution Inc. shall at all times retain ownership of the Software as originally downloaded by Licensee and all subsequent downloads of the Software by Licensee. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of KND Solution Inc. KND Solution Inc. are made available on a limited license or access basis, and no ownership right is conveyed to Licensee, irrespective of the use of terms such as “purchase” or “sale”. KND Solution Inc. has and retains all rights, titles and interests, including all intellectual property rights, in and to the KND Solution Inc. (including all No-Charge products), their “look and feel”, any and all related or underlying technology, and any modifications or derivatives.

KND Solution Inc. reserves the right to grant licenses to use the Software to third parties.

 

  1. Warranty Disclaimer

 

To the extent permitted by law, and subject to implied terms, the Licensee acknowledges and agrees that: (1) KND Solution Inc.  gives no guarantee and makes no representation as to the correctness or completeness of the Product; and (2) KND Solution Inc.  are provided on an “as is” basis without warranty, express or implied, of any kind or nature, including, but not limited to, any warranties of performance or fitness for a particular purpose.

KND Solution Inc. shall not be liable for service failures, delays, interruptions and/or other problems inherent in the use of IT systems outside the reasonable control of KND Solution Inc.  to the maximum extent permitted by law.  KND Solution Inc.  does not make any representation, warranty or guarantee  as to the quality, reliability, suitability, performance, availability, completeness or accuracy of any KND Solution Inc.  or that (a): the products will operate in combination with other hard- or software systems, or (b): the use of KND Solution Inc.  will be uninterrupted, secure or free of errors, or (c): stored or presented data will be accurate and reliable, or (d): errors or defects will be corrected on a schedule not controlled by KND Solution Inc. , or (e): that any KND Solution Inc. available as a hosted service are free of viruses or other harmful components.

 

  1. Exclusion of Liability

 

To the extent permitted by law, and subject to implied terms, KND Solution Inc.  will not be liable to any person for any loss, damage, cost, expense or other claim (including, without limitation, consequential damages and loss of profits) in relation to the KND Solution Inc.  including, without limitation, arising from or relating to: (1) any use or reliance on KND Solution Inc.  Software Product by the person; (2) any errors in and/or omissions from KND Solution Inc.  Software Product and/or any information contained in KND Solution Inc.  Software Product ); or (3) any delay, interruption or other failure in the use or operation of KND Solution Inc.  Software Product.

 

 

  1. Implied Terms

 

If any law implies in this Agreement any term, condition or warranty which cannot be excluded or limited, then to the extent permitted by law, the liability of KND Solution Inc.  for breach of any such term, condition or warranty is limited to: (1) in the case of products, at KND Solution Inc.  option (A) the re-supply of the goods, or of equivalent goods; or (B) the payment of the cost of having the goods supplied again; and (2) in the case of services, at KND Solution Inc.  option (A) the re-supply of the services; or (B) the payment of the cost of having the services supplied again.

 

  1. Termination

 

This EULA is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time by uninstalling the Software.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

 

  1. Changes to this Agreement

 

KND Solution Inc.  may update or modify this Agreement periodically, including any referenced policies and other documents. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you (by, for example, sending an email to the  technical contact you designate in the applicable Order, posting on our website or the product itself). If we modify the Agreement during your License Term or Subscription Term, the modified version will be effective upon your next renewal of a License Term, Support and Maintenance term, or Subscription Term, as applicable. In this case, if you object to the updated Agreement, as your exclusive remedy, you may choose not to renew, including cancelling any terms set to auto-renew. With respect to No-Charge products, accepting the updated Agreement is required for you to continue using the No-Charge products. You may be required to click through the updated Agreement to show your acceptance. If you do not agree to the updated Agreement after it becomes effective, you will no longer have a right to use No-Charge products. For the avoidance of doubt, any Order is subject to the version of the Agreement in effect at the time of the Order.

 

  1. Orders

 

Directly from the Atlassian Marketplace or through a Reseller. Atlassian’s Marketplace Product Ordering documentation or purchase flow (“Order”) will specify your authorized scope of use for the Products, which may include: (a) number and type of Authorized Users, (b) storage or capacity (for Hosted Services), (c) numbers of licenses, copies or instances (for Software), or (d) other restrictions or billable units as applicable. The term “Order” also includes any applicable Product or Support and Maintenance renewal, or purchases you make to increase or upgrade your Scope of Use.

This Agreement applies whether you purchase KND Solution Inc.  Software Products directly from the Atlassian Marketplace or through Atlassian “Partners” or other authorized resellers (each, a “Reseller”) from the Atlassian Marketplace. If you purchase through a Reseller, your Scope of Use shall be as stated in the Order placed by Reseller for you, and Reseller is responsible for the accuracy of any such Order. Resellers are not authorized to make any promises or commitments on KND Solution Inc. ’s behalf, and we are not bound by any obligations to you other than what we specify in this Agreement.

10. Communication and Marketing

We may use your contact information to send certain communications via email, including responses to your comments, questions, and requests, providing customer support, and sending you technical notices (Release Notes), updates, security alerts, and administrative messages. We also communicate with you about new product offers or promotions. You can control whether you receive these communications by opting out whenever you receive a communication from KND Solution Inc. 

If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place.  Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use, though, in some cases, this may mean no longer using KND Solution Inc. Software Products.

 

11. Publicity Rights

 

During the term of this EULA, you grant us the right to include your company name and logo in promotional materials, on our website, and in corporate presentations and reports. You can revoke this right at any time by submitting a written request via email to Contact Us to request to be excluded from future product promotional material. Requests generally are processed within thirty (30) calendar days.

 

12. Taxes

 

Payments made by the Licensee under this Agreement exclude any taxes or duties payable in respect to the goods or services supplied in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by KND Solution Inc. , the Licensee must pay to KND Solution Inc. the amount of such taxes or duties in addition to the License Fee under this Agreement.

 

13. Applicable law, legal venue, and serverability

 

This EULA shall be governed exclusively by Korean law without giving effect to the principles of South Korea relating to conflicts of laws. Legal venue for both parties shall be the registered office of KND Solution Inc.

If any provision of this Agreement is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction be ineffective to the extent of the prohibition, invalidity, or enforcement without invalidating the remaining provisions of this Agreement or affecting the validity or enforcement of that provision in any other jurisdiction.

 

Service Level Agreement

Support channels available

We recommend posting support requests to our JIRA Service Desk. In addition to keeping the history of support requests for future analysis, our Service Desk also offers you to specify urgency level for your request, allowing us to prioritize and address critical issues first.

Schedule

  • Business hours: 9am — 6pm GMT+9, Monday through Friday.

  • Contact “Contact Us”

Upgrading and Downgrading Terms

  1. An upgrade to new version is depending on your judgement.

  2. Downgrading your app may cause the loss of Content, features, or capacity of your Account. KND Solution does not accept any liability for such loss.

Support for our products includes

  • Answering questions about product functionality.

  • Answering new feature idea or suggestions.

  • Investigating support cases related to our products.

  • Investigating complex cases that involves our product and Atlassian product, based on Atlassian’s support JIRA.

  • Suggesting workarounds and configuration changes where applicable.

  • When a defect is identified, scheduling patches based on the latest version of the product.

  • Collecting feedback and recording feature requests. (Please note that we don’t guarantee that a feature request will ever be implemented.)

Support for our products does not include

  • Phone support, screen sharing, webinars.

  • Training.

  • Help with programming.

  • Support for issues that are not related to our products.

  • Investigating support cases for versions that have reached end of life.

Contact us today if you’d like to know more

Contact Us and email to: stlim@kndsolution.co.kr, tedkim@kndsolution.co.kr

Our Contacts©2023-2024 KND Solution  All Rights Reserved.