Modus Create Apps
Atlas Authority, Modus Create company.
March 2024
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1. LICENSE
By receiving, opening the file package, and/or using any Modus Create Apps (“Apps”) containing these Apps, you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Atlas Authority, your use of the Apps indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Atlas Authority grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use the Apps in accordance with this Agreement and any other written agreement with Atlas Authority. The Apps are available for purchase on the Atlassian Marketplace. Atlas Authority does not transfer the title of the Apps to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Atlas Authority and the purchasers or users of the Apps.
The Apps are offered to professionals (Customers), who are not consumers under any applicable law. Consumers are not authorized to enter into this Agreement. Consumers in the European Union are natural persons that intend to enter into this Agreement for any purpose that is outside of their trade, business or profession.If you do not agree to be bound by this agreement, remove the Apps from your systems now and, if applicable, promptly return to Atlas Authority by mail any copies of the Apps and related documentation and packaging in your possession.
2. DISTRIBUTION
The Apps and the license herein granted shall not be copied, shared, distributed, re-sold, offered for resale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of the Apps contact Atlas Authority.
3. USER AGREEMENT
3.1 Use
Your license to use the Apps is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of the Apps.
3.2 Use Restrictions
You shall use the Apps in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of the Apps together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of the Apps may be used on one single instance. Use of the Apps means that you have loaded, installed, or run the Apps on a computer or similar device.
You may make one copy of the Apps for backup purposes, providing you only have one copy installed on one instance. Other users may not use your copy of the Apps . The assignment, sub-license, networking, sale, or distribution of copies of the Apps are strictly forbidden without the prior written consent of Atlas Authority. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of the Apps. If any person other than yourself uses the Apps registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Accounts
In order to use the Apps you need to register for an Atlassian ID account or, if applicable, to an Atlas Authority account. Any and all information that you provide, either to us or to a third party must be accurate and complete in order for us to send notices, statements or other relevant information by email or through your account. The user has full responsibility for what occurs in his account and further bears the full responsibility for any activity that occurs through his device in connection with the Apps.
3.4 Intellectual property rights
These Apps contain copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile the Apps. Nor can you create any derivative works or other works that are based upon or derived from the Apps in whole or in part.
Atlas Authority’s or Modus Create name, logo and graphics file that represents the Apps shall not be used in any way to promote products developed with the Apps. Atlas Authority retains sole and exclusive ownership of all right, title and interest in and to the Apps and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of the Apps, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the program. All rights not expressly granted hereunder are reserved for Atlas Authority.
3.5 Support Services
You may submit requests for support of the applications via the appropriate channels for the term of this Agreement, however if such support is offered outside the scope of the Apps functionality, such services could be subject to a fee.
3.6 Payments and Taxes
All payments and taxes must be paid in consideration of the licenses granted in the manner indicated at the time of purchase of the Apps. Failure to make the payment by the due date will result in immediate termination of the licenses and rights provided in this EULA. Payments for the Apps exclude sales, value added, excise, gross revenue and other taxes, duties, levies or governmental charges imposed with respect to sale, delivery or use of any Apps covered by this EULA. You are responsible for payment of all Taxes assessed or collected by any authority arising from the provision of the Apps by Atlas Authority, except any taxes on our net income.
3.7 Governing Law and language
This Agreement shall be governed by the law of the United States applicable therein, specifically the law of the State of Delaware. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of the United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
The governing language of this Agreement is English and it will be the controlling language in all respects. All versions of this Agreement that might be published in other languages will be for accommodation purposes only and will not be binding on the parties to this Agreement. All documentation and support to be provided will be in the English language.
3.8 Term and Termination
This Agreement will commence once the payment for the Apps was executed and will continue either on the expiration date or when either party terminates it.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Apps and destroy all copies of the Apps supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. CONSENT OF USE OF DATA
You agree that Atlas Authority may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to the Apps. Atlas Authority may also use this information to provide notices to you which may be of use or interest to you.
5. PRIVACY AND SECURITY
Atlas Authority follows applicable legislation and industry standards to keep personal data private. Reasonable efforts are used to secure such information from destruction, disclosure, alteration, loss, unauthorized access or misuse. Any personal data collected from you will be processed by Atlas Authority as described in the Privacy policy and will not be sold or redistributed to third parties except as described in the aforementioned policy.
As for this Agreement, you retain all rights, titles and interests in and to any data (Client Data) of any type you upload, transmit or submit through our Apps or through our support system or other platform that could be used to provide support.
Compliance with applicable legislation when providing Client data is mandatory. To this respect, you warrant and represent that the transfer and use of Client data does not violate any laws or rights of third parties and any processing of personal information is not inconsistent with any applicable privacy policy; and that all rights and permissions regarding providing Client data have been obtained by you and such rights will be granted to Atlas Authority for execution of this Agreement.
Atlas Authority can’t guarantee that in all cases Client data will be retrievable in the event of loss or damage due to the nature of data, therefore you are responsible, if we are not able to retrieve it from our redundant storage nodes used to protect it from hardware failures, for maintaining back-up of all your Client data.
Atlas Authority takes no responsibility or liability for Client data and you will solely responsible for it and the consequences of transmitting, storing, using or disclosing it.
6. CONFIDENTIALITY
The parties hereby agree that for the purposes of this Agreement, Confidential Information means all confidential information disclosed by a party (Disclosing Party) to the other party (Receiving Party) whether orally or in writing and further agree to keep secret and confidential all Confidential Information provided by the Disclosing Party.
Such limitation do not apply to information that the Receiving party can document which: is in the public domain through no fault of the Receiving Party; was rightfully received from a third party without breach of any rights; was rightfully known by the Receiving Party on a non-confidential basis prior to receiving it; was required to be disclosed by law or a competent court (to the minimum required to comply with such request and with advance notice to the Disclosing Party).
7. NOTIFICATION OF BREACH
Any breaches of this Agreement must be reported to legal@moduscreate.com. When a breach involves the use or distribution of the Apps inconsistent with this Agreement, Atlas Authority will be entitled to charge you, in addition to any payments under this EULA, a fee calculated based on the number of prohibited distribution or uses multiplied by the respective list price that Atlas Authority and/or any third party charges for the Apps.
8. PUBLICITY
Client grants to Atlas Authority LLC a limited, nonexclusive, nontransferable, royalty-free license to use the trademarks, logos and trade names of Client (collectively, the “Client Trademarks”) in connection with marketing and promotion of Atlas Authority LLC, including listing Client as a customer of Atlas Authority LLC on its website and using Client’s name as a reference. Atlas Authority LLC acknowledges Client’s ownership of the Client Trademarks and Atlas Authority LLC agrees that it will do nothing inconsistent with such ownership. Atlas Authority LLC may include in its portfolio screenshots, photographs, reproductions or samples of the Deliverables or Atlas Authority LLC’s work process, (but not prior to Client publicly releasing materials containing the Deliverables) and use the portfolio items in any medium for self-promotional, marketing or editorial purposes.
9. WARRANTIES
THESE APPS AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY THE APPS AS WELL.
10. LIMITATION OF RESPONSIBILITY
You will indemnify, hold harmless, and defend Atlas Authority , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of the Apps.
In no event (including, without limitation, in the event of negligence) will Atlas Authority , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Apps or the use or inability to use the Apps or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Atlas Authority’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Apps (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Atlas Authority ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Atlas Authority.
11. SEVERABILITY
If any term of this Agreement is found to be contrary to law or unenforceable, it will be modified to the least extent necessary to make it enforceable and the remainder of the clauses of this EULA will remain in full force and effect.
12. ASSIGNMENT
You may not assign or transfer this Agreement or any of your rights and obligations without our prior written consent, any assignment or transfer made disregarding this clause will be void. Atlas Authority may assign its rights and obligations without your consent. Notwithstanding the foregoing, this Agreement without or written consent în connection to a merger, acquisition, sale or change of control if we get notified 90 days prior of such a case and if the assignee agrees to the terms of the Agreement. Any permitted assignee or successor shall be bound by this Agreement.
13. REVISIONS OF THE AGREEMENT
This Agreement might be updated, amended or modified from time to time. If you object to any revision, your exclusive remedy is to cease using the Apps at the end of the Term.
14. ENTIRE AGREEMENT
This EULA sets out the entire Agreement between the parties and overrides all other agreements and understandings.
15. NOTICES AND CONTACT INFORMATION
Notices under this Agreement must be made in writing. We may provide such notices via your account or email and are considered to be given on the next business day and your notices to us should be provided to legal@moduscreate.com and considered to be received upon our receipt. Our contact information is contact@moduscreate.com.
