Taskdock End-User License Agreement

Also see Privacy Policy.

The accompanying executable code version of Taskdock, Inc's TaskDock and related documentation (the "Product") is a software plug-in for Confluence, an enterprise wiki sold by Atlassian. TaskDock enables users to create and attach meta-data to certain types of content within such a wiki. This also enables users to send interactive notifications to users of such a wiki as well as create reports and action based on the created meta-data. It installs as a standard plug-in for Confluence. You must have an appropriate license to Confluence and a functional instance of Confluence to utilize TaskDock (For more info on plug-ins see: http://confluence.atlassian.com/) The Product is made available to you under the terms of this TASKDOCK END-USER LICENSE AGREEMENT (THE "AGREEMENT"). BY CLICKING ON THE "ACCEPT" BUTTON OR INSTALLING OR USING THE PRODUCT, YOU OR THE ENTITY THAT YOU REPRESENT ("LICENSEE") ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE SOFTWARE LICENSE AGREEMENT CONSISTING OF THIS PARAGRAPH AND THE FOLLOWING TERMS (THE "AGREEMENT") WITH RESPECT TO THIS PRODUCT. PROVISION OF THE PRODUCT IS CONDITIONED ON, AND LICENSEE'S INSTALLATION OR USE OF THIS PRODUCT SHALL CONSTITUTE, LICENSEE'S ASSENT TO THE TERMS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF LICENSEE DOES NOT UNCONDITIONALLY AGREE TO THE FOREGOING, CLICK THE "CANCEL" BUTTON AND THE DOWNLOAD AND INSTALLATION PROCESS WILL NOT CONTINUE. IF YOU CONTINUE WITH DOWNLOAD OR INSTALLATON, YOU ARE REPRESENTING AND WARRANTING THAT YOU ARE AUTHORIZED TO BIND LICENSEE AND THAT YOU HEREBY DO BIND LICENSEE TO ALL OF YOUR OBLIGATIONS HEREUNDER.

1. LICENSE GRANT.

Subject to your compliance with the terms and conditions of this Agreement, TaskDock, Inc. grants you a limited, revocable, non-exclusive license to use the executable code version of the Product for the number of users specified in your license invoice. This Agreement will also govern any software upgrades provided by TaskDock that replace and/or supplement the original Product, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern. For avoidance of doubt, unless otherwise specified in a signed writing between you and TaskDock, TaskDock is not obligated to provide you with any support, bug fixes, upgrades, or updates to the Product. TaskDock, from time to time, offers promotional evaluation periods where new customers of TaskDock may use the software for a trial period before purchasing a license. TaskDock reserves the right to cease, extend or change the terms of these evaluations at any time without notice. You will, to continue use of TaskDock after an evaluation period expires, need to return to the website or email sales@TaskDock.com to purchase a license key.

2. RESTRICTIONS.

You shall not (and shall not permit any third party to): (i) modify, incorporate or use in any other works, translate, reverse engineer (except to the limited extent applicable statutory law expressly prohibits reverse engineering restrictions), decompile, disassemble, otherwise attempt to derive source code from or create derivative works based on the Product; (ii) make unauthorized copies of the Product; (iii) distribute or market the Products; (iv) remove any proprietary notices, labels or marks on or in any copy of the Product; (v) rent, lease, or use the Product for timesharing or service bureau purposes, or otherwise use the Product for any commercial purpose; or (vi) use the Product for more user accounts than the number for which you have paid the license fee or for user accounts for which you do not have an appropriate Confluence license; without limiting any other available remedies, TaskDock shall automatically receive (and you hereby grant) a nonexclusive license to fully exploit any technology or intellectual property right directly or indirectly arising or resulting from any violation of these restrictions. Software is licensed and not sold. Under no circumstance may Licensee distribute or resell the Product via OEM Distribution such as, but not limited to, a Software-as-a-Service offering, a subscription service, a hosted application, or an on premise-offering for which the distributor of the application receives a license fee or any form of direct or indirect compensation, an, or without entering into a separate OEM Distribution Agreement with TaskDock. No rights or licenses are granted except as expressly and unambiguously set forth herein.

3. TERMINATION.

If you breach this Agreement your right to use the Product will terminate immediately and without notice, but all provisions of this Agreement except the License Grant (Paragraph 1) will survive termination and continue in effect. Upon termination, you must destroy all copies of the Product.

4. PROPRIETARY RIGHTS.

Subject to the foregoing, TaskDock, for itself and on behalf of its licensors, hereby reserves all intellectual property rights in the Product, except for the rights expressly granted in this Agreement. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the Product. You may not modify, alter or tamper in any way with the Product. This Agreement does not grant you any right to use the trademarks, service marks or logos of TaskDock or its licensors.

5. PRIVACY POLICY.

You agree to and understand that all information you provide to TaskDock is governed by the TaskDock Privacy Policy, made available online at http://www.taskdock.com/privacy.html, as that policy may be changed from time to time. It is your responsibility to ensure that you understand the terms of the privacy policy, so you should periodically check the current version of the policy for changes.

6. PAYMENT.

You shall pay the appropriate one-time license fee for the user count set forth in your license invoice upon receipt of invoice (which you represent, warrant and agree is equal to the user count for which you have an appropriate Confluence license). The License fee is non-refundable. In the event you increase the user count licensed for Confluence, you will need to contact TaskDock at sales@taskdock.com or visit the TaskDock website to purchase the equivalent TaskDock upgrade license. You agree that you will pay the license fee to maintain at least as many TaskDock users as you do for Confluence, and TaskDock shall have the right, upon reasonable notice, to inspect and audit your facilities, equipment, logs, and software to confirm the foregoing.

7. DISCLAIMER OF WARRANTY.

THE PRODUCT IS PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, TASKDOCK AND TASKDOCK'S DISTRIBUTORS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR THE ENTIRE RISK AS TO SELECTING THE PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. 
8. LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW, TASKDOCK AND ITS DISTRIBUTORS, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. TASKDOCK'S COLLECTIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED $5000 (FIVE THOUSAND DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

9. EXPORT CONTROLS.

This license is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Product and its use.

10. U.S. GOVERNMENT END-USERS.

This Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Product with only those rights as set forth therein.

11. MISCELLANEOUS.

This Agreement constitutes the entire agreement between TaskDock and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of TaskDock. Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Except as required by law, the controlling language of this Agreement is English. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms; TaskDock may assign its rights under this Agreement without condition. This Agreement will be binding upon and inure to the benefit of the parties, their successors and permitted assigns.

Version 1.1