Unless otherwise indicated, the App is the property of EPS Software Engineering AG. The software and services provided by EPS Software Engineering AG are at all times subject to these terms and conditions. By using the App you confirm your acceptance of, and agree to be bound by, these term and conditions. These terms and conditions shall constitute the agreement between you and EPS Software Engineering AG ("this Agreement").
Agreement to Terms and Conditions
This Agreement takes effect on the date on which you install the App into any Confluence installation.
It is not warranted that any software supplied by EPS Software Engineering AG will meet your requirements or that its operation will be uninterrupted or error free. EPS Software Engineering AG exclude and expressly disclaim all express and implied warranties or conditions not stated in this Agreement (including without limitation, loss of profits, loss or corruption of data, business interruption or loss of contracts), so far as such exclusion or disclaimer is permitted under the applicable law. This Agreement does not affect your statutory rights.
Warranties and Limitation of Liability
EPS Software Engineering AG warrants that its software and services will be provided using reasonable care and skill on a non-exclusive basis. Where EPS Software Engineering AG supplies any goods supplied by a third party, EPS Software Engineering AG does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to EPS Software Engineering AG. Except in respect of death or personal injury caused by EPS Software Engineering AG's negligence, EPS Software Engineering AG shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by EPS Software Engineering AG's negligence or the negligence of its servants or agents or otherwise) which arise out of or in connection with the provision of any goods or services by EPS Software Engineering AG. EPS Software Engineering AG shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Any estimates given by EPS Software Engineering AG as to the time of completion of performance of its services (whether completion of the whole or a part of those services) or delivery of its software shall be estimates only and time shall not be of the essence. EPS Software Engineering AG when providing electronic media shall take reasonable care to avoid introducing computer viruses to your computer systems and shall not be liable to you by reason of any virus unknowingly introduced to your system by it for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction of a computer virus. Notwithstanding contrary clauses in this Agreement, in the event that EPS Software Engineering AG are deemed liable to you for breach of this Agreement, you agree that EPS Software Engineering AG's liability is limited to the amount actually paid by you for your services or software, which amount calculated in reliance upon this clause. You hereby release EPS Software Engineering AG from any and all obligations, liabilities and claims in excess of this limitation.
Notices and Consents
Any notice, request or other communication to either party by the other under this Agreement shall be given by email, fax or conventional mail and shall be confirmed by conventional mail.
Assignment of Rights
You shall not assign this Agreement or any benefits or interests arising under this Agreement without EPS Software Engineering AG's prior written permission, such not to be unreasonably withheld.
The ownership of marketing materials, any software or electronic media, methodologies, strategies, research and designs shall remain with EPS Software Engineering AG. EPS Software Engineering AG reserves the right to use in any way it wishes any programming tools, skills, content, methodologies, strategies and techniques acquired or used in performing its duties under this Agreement. The ownership of any data content created using the software shall remain with the author of that content. EPS Software Engineering AG provides permission for vector and raster representations within the software that it owns to be combined with the representation that the author has created and for the combined result to be persisted in either vector and/or raster format. You may use such graphically persisted representation that you create for any purpose that does not interfere with the business operations of EPS Software Engineering AG.
EPS Software Engineering AG may not identify you as an EPS Software Engineering AG customer in promotional materials. EPS is granted the right to obtain written permission from you. The permission must be obtained in accordance with the chapter Notices and Consents.
General Terms and Law
This Agreement is governed by the laws of Switzerland. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and EPS Software Engineering AG as a result of your use of these services. You agree not to hold yourself out as a representative, agent or employee of EPS Software Engineering AG. You agree that EPS Software Engineering AG will not be liable by reason of any representation, act or omission to act by you. EPS Software Engineering AG's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of EPS Software Engineering AG's right to comply with law enforcement requests or requirements relating to your use of EPS Software Engineering AG or information provided to or gathered by EPS Software Engineering AG with respect to such use.
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continuation in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice). This Agreement constitutes the entire agreement between EPS Software Engineering AG and you with respect to your use of services, software and/or goods provided by EPS Software Engineering AG, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between EPS Software Engineering AG and you with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement. The address for communication to EPS Software Engineering AG by conventional mail unless you are otherwise notified shall be:
EPS Software Engineering AG