This End User License Agreement (“EULA”) describe your rights and responsibilities as a customer.
This EULA is effective as of the date you install our products on your Atlassian instance (the “Effective Date”). This EULA does not have to be signed in order to be binding. You indicate your assent to this EULA by installing our products.
This EULA is effective as of the date you install our products on your Atlassian instance (the “Effective Date”). This EULA does not have to be signed in order to be binding. You indicate your assent to this EULA by installing our products.
1. Services
HawkBudget is an Atlassian Marketplace Product and is governed by the relevant Atlassian Terms of Use. HawkBudget is an add-on to JIRA's services. Its purpose is to collect the worklogs, apply a user cost to them and provide a report that assists administrators to understand how much budget has been spent on their projects.
HawkTimeNudge is an Atlassian Marketplace Product and is governed by the relevant Atlassian Terms of Use as well as the Terms of Use published on this website. HawkTimeNudge is an add-on to JIRA's services. Its purpose is to send a notification to remind users to log their time, using slack.
Both services are built and provided by Harness LTD, referred to herein as the "Publisher". HawkBudget and HawkTimeNudge are referred to herein as the "Marketplace Product".
HawkTimeNudge is an Atlassian Marketplace Product and is governed by the relevant Atlassian Terms of Use as well as the Terms of Use published on this website. HawkTimeNudge is an add-on to JIRA's services. Its purpose is to send a notification to remind users to log their time, using slack.
Both services are built and provided by Harness LTD, referred to herein as the "Publisher". HawkBudget and HawkTimeNudge are referred to herein as the "Marketplace Product".
2. Standard Terms
The Publisher grants you a limited, worldwide, non-exclusive, non-transferable and non-sublicensable license to download and use the Marketplace Product only on hardware systems owned, leased or controlled by you.
Licenses granted by Publisher are granted subject to the condition that you must ensure the maximum number of Authorized Users that are able to access and use the Marketplace Product concurrently is equal to the number of User Licenses for which the necessary fees have been paid to Atlassian and/or its authorized partners (each, an "Atlassian Expert"). You may purchase additional User Licenses at any time on payment of the appropriate fees to Atlassian or an Atlassian Expert. "User License" means a license granted under this EULA to you to permit an Authorized User to use the Marketplace Product. The number of User Licenses granted to you is dependent on the fees paid by you. "Authorized User" means a person who accesses and uses a Marketplace Product under the EULA and for which the necessary fees have been paid to Atlassian and/or an Atlassian Expert.
Any information that the Publisher collects from you or your device will be subject to this EULA and the Privacy Policy published on this website (www.hawkbudget.com/privacy-policy.html).
You may not modify, reverse engineer, decompile or disassemble the Marketplace Product in whole or in part, or create any derivative works from or sublicense any rights in the Marketplace Product, unless otherwise expressly authorized in writing by the Publisher.
The Marketplace Product is protected by copyright and other intellectual property laws and treaties. The Publisher owns all title, copyright and other intellectual property rights in the Marketplace Product, and the Marketplace Product is licensed to you directly by the Publisher, not sold.
Training is not provided for the Marketplace Product. The Publisher will try to support you during the installation and/or the use of the Marketplace Product without any obligation arising from such an act, such as but not limited to the provision of the support in a specific period of time or the successful resolution of the support request.
We may identify you as an Atlassian customer in our promotional materials. We will promptly stop doing so upon your request through our contact form.
Licenses granted by Publisher are granted subject to the condition that you must ensure the maximum number of Authorized Users that are able to access and use the Marketplace Product concurrently is equal to the number of User Licenses for which the necessary fees have been paid to Atlassian and/or its authorized partners (each, an "Atlassian Expert"). You may purchase additional User Licenses at any time on payment of the appropriate fees to Atlassian or an Atlassian Expert. "User License" means a license granted under this EULA to you to permit an Authorized User to use the Marketplace Product. The number of User Licenses granted to you is dependent on the fees paid by you. "Authorized User" means a person who accesses and uses a Marketplace Product under the EULA and for which the necessary fees have been paid to Atlassian and/or an Atlassian Expert.
Any information that the Publisher collects from you or your device will be subject to this EULA and the Privacy Policy published on this website (www.hawkbudget.com/privacy-policy.html).
You may not modify, reverse engineer, decompile or disassemble the Marketplace Product in whole or in part, or create any derivative works from or sublicense any rights in the Marketplace Product, unless otherwise expressly authorized in writing by the Publisher.
The Marketplace Product is protected by copyright and other intellectual property laws and treaties. The Publisher owns all title, copyright and other intellectual property rights in the Marketplace Product, and the Marketplace Product is licensed to you directly by the Publisher, not sold.
Training is not provided for the Marketplace Product. The Publisher will try to support you during the installation and/or the use of the Marketplace Product without any obligation arising from such an act, such as but not limited to the provision of the support in a specific period of time or the successful resolution of the support request.
We may identify you as an Atlassian customer in our promotional materials. We will promptly stop doing so upon your request through our contact form.
Privacy Policy and Data Security
The Privacy Policy and Data Security governing this EULA are published as a separate document on this website at www.hawkbudget.com/privacy-policy.html.
Your Responsibilities
Representations and Warranties. You (including anyone acting on your behalf) represent and warrant that you have all necessary right, power and authority (i) to enter into and be legally bound by these EULA, (ii) to place any Orders, and (iii) and to authorize the Publisher to access and use your data and information as described in the Privacy Policy and Data Security, all without violation of any other agreements or policies.
Compliance with Law and Reservation of Rights. You must use the Marketplace Product in compliance with all applicable laws.
Indemnification. You agree to indemnify, defend (at Publisher’s request) and hold Publisher, its affiliates, and its and their officers, agents and employees harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs) arising out of your violation of this EULA, your violation of any rights of a third party, or any content you submit to or publish on the Marketplace Product. You may not settle any such claim without Publisher’s prior written consent.
Compliance with Law and Reservation of Rights. You must use the Marketplace Product in compliance with all applicable laws.
Indemnification. You agree to indemnify, defend (at Publisher’s request) and hold Publisher, its affiliates, and its and their officers, agents and employees harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs) arising out of your violation of this EULA, your violation of any rights of a third party, or any content you submit to or publish on the Marketplace Product. You may not settle any such claim without Publisher’s prior written consent.
Term and Termination
This EULA is effective as of the Effective Date and expire on the date of expiration or termination of your subscription.
Termination for Cause. Either party may terminate this EULA if the other party (a) fails to cure any material breach of this EULA within thirty (30) days after notice; (b) ceases operation without a successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days thereafter).
Termination for Convenience. You may choose to stop using the Marketplace Product and terminate this EULA at any time for any reason upon uninstalling the Marketplace Product from your Atlassian instance.
Effects of Termination. Upon termination of this EULA, your data will be subject to the terms described in the Privacy Policy and Data Security section. Payments and refunds are covered by Atlassian's Terms of Use.
Termination for Cause. Either party may terminate this EULA if the other party (a) fails to cure any material breach of this EULA within thirty (30) days after notice; (b) ceases operation without a successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days thereafter).
Termination for Convenience. You may choose to stop using the Marketplace Product and terminate this EULA at any time for any reason upon uninstalling the Marketplace Product from your Atlassian instance.
Effects of Termination. Upon termination of this EULA, your data will be subject to the terms described in the Privacy Policy and Data Security section. Payments and refunds are covered by Atlassian's Terms of Use.
Warranties and Disclaimer
Mutual Warranties. Each party represents and warrants that it has the legal power and authority to enter into these Terms.
Our Warranties. We warrant, for your benefit only, that we use commercially reasonable efforts to prevent introduction of viruses, Trojan horses or similar harmful materials into the Cloud Products (but we are not responsible for harmful materials submitted by you or End Users) (the “Performance Warranty”).
Warranty Remedy. We will use commercially reasonable efforts, at no charge to you, to correct reported non-conformities with the Performance Warranty. If we determine corrections to be impracticable, either party may terminate this EULA as described in the "Term and Termination" section.
WARRANTY DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THE MARKETPLACE PRODUCT AND ITS SUPPORT ARE PROVIDED “AS IS,” AND WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING OUR EXPRESS OBLIGATIONS IN THIS EULA, WE DO NOT WARRANT THAT YOUR USE OF THE MARKETPLACE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT WE WILL REVIEW YOUR DATA FOR ACCURACY OR THAT WE WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. YOU UNDERSTAND THAT USE OF THE MARKETPLACE PRODUCT NECESSARILY INVOLVES TRANSMISSION OF YOUR DATA OVER NETWORKS THAT WE DO NOT OWN, OPERATE OR CONTROL, 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. WE WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
Our Warranties. We warrant, for your benefit only, that we use commercially reasonable efforts to prevent introduction of viruses, Trojan horses or similar harmful materials into the Cloud Products (but we are not responsible for harmful materials submitted by you or End Users) (the “Performance Warranty”).
Warranty Remedy. We will use commercially reasonable efforts, at no charge to you, to correct reported non-conformities with the Performance Warranty. If we determine corrections to be impracticable, either party may terminate this EULA as described in the "Term and Termination" section.
WARRANTY DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THE MARKETPLACE PRODUCT AND ITS SUPPORT ARE PROVIDED “AS IS,” AND WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING OUR EXPRESS OBLIGATIONS IN THIS EULA, WE DO NOT WARRANT THAT YOUR USE OF THE MARKETPLACE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT WE WILL REVIEW YOUR DATA FOR ACCURACY OR THAT WE WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. YOU UNDERSTAND THAT USE OF THE MARKETPLACE PRODUCT NECESSARILY INVOLVES TRANSMISSION OF YOUR DATA OVER NETWORKS THAT WE DO NOT OWN, OPERATE OR CONTROL, 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. WE WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
Limitation of Liability
Consequential Damages Waiver. NEITHER PARTY (NOR ITS SUPPLIERS) WILL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS EULA FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
Liability Cap. EACH PARTY’S AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO THE OTHER ARISING OUT OF OR RELATED TO THIS EULA WILL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE BY YOU TO US UNDER THIS EULA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
Nature of Claims and Failure of Essential Purpose. The parties agree that the waivers and limitations specified in this section apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in this EULA is found to have failed of its essential purpose.
Liability Cap. EACH PARTY’S AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO THE OTHER ARISING OUT OF OR RELATED TO THIS EULA WILL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE BY YOU TO US UNDER THIS EULA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
Nature of Claims and Failure of Essential Purpose. The parties agree that the waivers and limitations specified in this section apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in this EULA is found to have failed of its essential purpose.
Dispute Resolution
Informal Resolution. In the event of any controversy or claim arising out of or relating to this EULA, the parties will consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of sixty (60) days, either party may pursue relief as may be available under this EULA pursuant to section "Governing Law; Jurisdiction". All negotiations pursuant to this section ("Informal Resolution") will be confidential and treated as compromise and settlement negotiations for purposes of all rules and codes of evidence of applicable legislation and jurisdictions.
Governing Law; Jurisdiction. This EULA will be governed by and construed in accordance with the applicable laws of Cyprus. Each party irrevocably agrees that any legal action, suit or proceeding arising out of or related to this EULA must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the courts in Cyprus, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in Cyprus, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party. In any action or proceeding to enforce a party’s rights under this EULA, the prevailing party will be entitled to recover its reasonable costs and attorneys’ fees.
Injunctive Relief; Enforcement. Notwithstanding the provisions of section "Informal Resolution" and "Governing Law; Jurisdiction", nothing in this EULA will prevent us from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.
Governing Law; Jurisdiction. This EULA will be governed by and construed in accordance with the applicable laws of Cyprus. Each party irrevocably agrees that any legal action, suit or proceeding arising out of or related to this EULA must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the courts in Cyprus, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in Cyprus, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party. In any action or proceeding to enforce a party’s rights under this EULA, the prevailing party will be entitled to recover its reasonable costs and attorneys’ fees.
Injunctive Relief; Enforcement. Notwithstanding the provisions of section "Informal Resolution" and "Governing Law; Jurisdiction", nothing in this EULA will prevent us from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.
Changes to this EULA
We may modify the terms and conditions of this EULA from time to time, with notice to you in accordance with section "Notices" or by posting the modified EULA and/or Privacy Policy and Data Security on our website. Together with notice, we will specify the effective date of the modifications.
General Provisions
Notices. Any notice under this EULA must be given in writing. We may provide notice to you through your administrator's email, as recorded upon installation of the Marketplace Product. You agree that any electronic communication will satisfy any applicable legal communication requirements, including that such communications be in writing. Any notice to you will be deemed given upon the first business day after we send it. You will provide notice to us by post to Harness Ltd, 11 Metamorfoseos Str., Limassol 3083, Cyprus, Attn: General Counsel. Your notices to us will be deemed given upon receipt.
Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation under this EULA (except for a failure to pay fees) if the delay or failure is due to events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.
Entire Agreement. This EULA is the entire agreement between you and the Publisher relating to the Marketplace Product and any other subject matter covered by this EULA, and supersede all prior or contemporaneous oral or written communications, proposals and representations between you and us with respect to the Marketplace Product or any other subject matter covered by this EULA. No provision of any purchase order or other business form employed by you will supersede or supplement the terms and conditions of this EULA, and any such document relating to this EULA will be for administrative purposes only and will have no legal effect.
Waivers; Modifications. No failure or delay by the injured party to this EULA in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder at law or equity. Except as set forth in section "Changes to these Terms", any amendments or modifications to this EULA must be executed in writing by an authorized representative of each party.
Independent Contractors. The parties are independent contractors. This EULA will not be construed as constituting either party as a partner of the other or to create any other form of legal association that would give either party the express or implied right, power or authority to create any duty or obligation of the other party.
Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation under this EULA (except for a failure to pay fees) if the delay or failure is due to events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.
Entire Agreement. This EULA is the entire agreement between you and the Publisher relating to the Marketplace Product and any other subject matter covered by this EULA, and supersede all prior or contemporaneous oral or written communications, proposals and representations between you and us with respect to the Marketplace Product or any other subject matter covered by this EULA. No provision of any purchase order or other business form employed by you will supersede or supplement the terms and conditions of this EULA, and any such document relating to this EULA will be for administrative purposes only and will have no legal effect.
Waivers; Modifications. No failure or delay by the injured party to this EULA in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder at law or equity. Except as set forth in section "Changes to these Terms", any amendments or modifications to this EULA must be executed in writing by an authorized representative of each party.
Independent Contractors. The parties are independent contractors. This EULA will not be construed as constituting either party as a partner of the other or to create any other form of legal association that would give either party the express or implied right, power or authority to create any duty or obligation of the other party.