End User License Agreement

Effective date: [PLACEHOLDER: effective date]
Published at: [PLACEHOLDER: https://northcrestmarket.com/eula]

This End User License Agreement ("Agreement") is between Northcrest Market LLC ([PLACEHOLDER: state of organization] limited liability company, "Northcrest Market", "Licensor", "we") and the person or organisation that installs, accesses, or uses an App ("Customer", "you"). It applies to:

• SprintScope for Jira
• LinkDesk for Jira
• SpaceTidy for Confluence

(each an "App"), whether obtained free, on evaluation, or under a paid subscription through the Atlassian Marketplace.

By installing or using an App, you agree to this Agreement. If you are agreeing on behalf of an organisation, you confirm you have authority to bind it.

1. Definitions

• "Atlassian" means Atlassian Pty Ltd and its affiliates.
• "Marketplace" means the Atlassian Marketplace.
• "Subscription" means a paid or evaluation licence for an App purchased or obtained through the Marketplace, for the user tier and term shown there.
• "Customer Data" means data in your Atlassian site that the App processes on your behalf.
• "Documentation" means the user documentation we publish for the App at [PLACEHOLDER: documentation URL].

2. License grant

Subject to this Agreement and payment of applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable licence, during your Subscription term, to install and use the App on the Atlassian Cloud site(s) for which it is licensed, for your internal business purposes, up to the user tier you have purchased.

3. Restrictions

You will not, and will not permit others to:

1. copy, modify, or create derivative works of the App, except as allowed by law;
2. reverse engineer, decompile, or disassemble the App, except to the extent applicable law expressly permits despite this limitation;
3. sell, resell, rent, lease, or sublicense the App, or make it available to third parties outside your licensed site;
4. remove proprietary notices;
5. use the App to violate law, Atlassian's terms, or third-party rights;
6. circumvent licensing checks or use limits; or
7. use the App to build a competing product.

4. Fees, billing, and refunds

Fees, billing, renewal, and refunds for Marketplace purchases are handled by Atlassian under the Marketplace terms. Atlassian collects payment and applicable taxes. Refund requests are handled under Atlassian's Marketplace refund policy; any additional refund at our discretion is decided by Northcrest Market [PLACEHOLDER: refund policy beyond Atlassian's, if any].

5. Evaluation and free tiers

Evaluation licences and free tiers are provided "as is" for the period Atlassian allows, without support commitments beyond best effort, and may be ended when the evaluation expires.

6. Customer Data and privacy

The Apps are designed to run on Atlassian's Forge platform and to keep Customer Data within Atlassian product APIs and Forge storage. As between you and us, you own Customer Data. We access Customer Data only as needed to provide the App and support, as described in our Privacy Policy and, where agreed, our Data Processing Addendum ([PLACEHOLDER: https://northcrestmarket.com/dpa]). You are responsible for having the rights and permissions needed for the App to process Customer Data.

7. Support and updates

Support is provided as described in our Support SLA. We may update Apps from time to time; Atlassian Cloud apps may update automatically. We may change or remove features, and will try to give reasonable notice of material reductions in functionality for paid Apps.

8. Intellectual property

The App, Documentation, and all related intellectual property are owned by Northcrest Market or its licensors. No rights are granted except as expressly stated. If you send feedback or suggestions, we may use them without obligation.

9. Third-party platform

The Apps depend on Atlassian products and the Forge platform, which are provided by Atlassian, not by us. We are not responsible for availability, changes, or failures of Atlassian products or services, or for actions taken by Atlassian.

10. Warranty disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPS AND DOCUMENTATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APPS WILL BE UNINTERRUPTED OR ERROR-FREE. Bulk operations (for example, bulk linking in LinkDesk or cleanup actions in SpaceTidy) change data in your site; you are responsible for reviewing actions before you confirm them and for maintaining backups.

[PLACEHOLDER: counsel to decide whether to offer a limited warranty for paid Apps, e.g. "will perform materially as described in the Documentation" with re-performance/refund as the sole remedy.]

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(a) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THEIR POSSIBILITY; AND

(b) OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS YOU PAID FOR THE APP GIVING RISE TO THE CLAIM IN THE [PLACEHOLDER: 12] MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY [PLACEHOLDER: or a fixed minimum, e.g. US$100, for free Apps].

Some jurisdictions do not allow certain limitations; in those jurisdictions, liability is limited to the fullest extent permitted.

12. Indemnity

[PLACEHOLDER: counsel to decide whether to include mutual or one-way indemnities (e.g. Licensor IP-infringement indemnity; Customer indemnity for misuse/Customer Data). Omit this section if not used.]

13. Term and termination

This Agreement lasts while you have a Subscription or use the App. It ends automatically when your Subscription ends or you uninstall the App. Either party may terminate for material breach not cured within [PLACEHOLDER: 30] days of written notice. Sections 3, 8, 10, 11, 12, 14, and 15 survive termination.

14. Export and compliance

You will comply with applicable export control and sanctions laws and will not use the Apps in or for prohibited countries, entities, or persons.

15. General

• Governing law and venue: [PLACEHOLDER: governing law, e.g. the laws of the State of Indiana, USA, without regard to conflict-of-laws rules; and venue, e.g. state or federal courts located in Allen County, Indiana].
• Changes: We may update this Agreement by posting a new version at the URL above. Changes apply to renewals and new installations after the posted effective date [PLACEHOLDER: notice period for existing paid Subscriptions].
• Entire agreement: This Agreement, together with the Privacy Policy, any signed DPA, and the applicable Atlassian Marketplace terms, is the entire agreement about the Apps. If this Agreement conflicts with a mandatory Atlassian Marketplace term, the Atlassian term controls to the extent of the conflict.
• Assignment: You may not assign this Agreement without our consent, except to a successor of your business. We may assign it in connection with a merger, acquisition, or sale of assets.
• Severability / waiver: If a provision is unenforceable, the rest remains in effect. Failure to enforce is not a waiver.
• Notices: Notices to us: info@northcrestmarket.com and [PLACEHOLDER: mailing address], Fort Wayne, Indiana, USA.

Contact

Northcrest Market LLC
Email: info@northcrestmarket.com · Phone: 260-445-4690 · https://northcrestmarket.com