Agilo for trac End User License Agreement

SHORT SUMMARY: THE LAYMAN VERSION

This license agreement states that:

  • Agilo for trac (Agilo) and Agilo for trac Pro (Agilo Pro) are exclusive intellectual property of Agilo Software GmbH.
  • Agilo includes a time limited trial license of Agilo Pro, and it is Free of charge, when the trial period will be over you can either convert it to Pro or continue to use it without the Pro feature still free of charge.
  • Agilo Pro is not for free, a license for every computer where you will decide to install it will be needed, and depending on the commercial agreement with Agilo Software GmbH a specific number of users will be enabled to use the Agilo Pro features & services. You may obtain a one time time limited trial license, directly from the tool once installed (requires connecting to agile42 website) or ask agile42 to provide you with one. The trial license is made with the sole purpose to allow you to evaluate the Software Product and decide whether to purchase it, or not.
  • Agilo Software GmbH won't be liable for any damage, dysfunction or disaster caused by the Software Product, that is distributed "as is" and licensed for usage to you. So use it at your own risk, and make a backup of your existing data.
  • Agilo for trac and Agilo Pro are based on "Agilo for trac" an Open Source product distributed under Apache Software License 2.0 that can be downloaded as source from the agile42 website, and free of charge. For more information please visit http://wwww.agilofortrac.org and http://www.agiloforscrum.com
  • Please bear in mind that this is just a summary, and is provided for your convenience, to comply to the End User License Agreement, for legal reason, you will have to accept and comply to the FULL VERSION reported below.

FULL VERSION: END USER LICENSE AGREEMENT

This End User License Agreement (EULA) is a CONTRACT between you (either an individual or a legal entity) and Agilo Software GmbH referred to herein as "agile42", which covers your use of either "Agilo" or "Agilo Pro" and related software components. All such software is referred to herein as the "Software Product". A software license and a license key or serial number ("Software Product License"), issued to a designated user only by Agilo Software or its authorized agents, is required for each concurrent user or team (according to the commercial agreement) of the Software Product. If you do not agree to the terms of this EULA, then do not install or use the Software Product or the Software Product License. By explicitly accepting this EULA you are acknowledging and agreeing to be bound by the following terms:
  1. Evaluation license warning

    This Software Product can be used in conjunction with a free evaluation Software Product License. If you are using such an evaluation Software Product License, you may use the Software Product only to evaluate its suitability for purchase. Evaluation Software Product Licenses have an expiration date and most of the features of the software will be disabled after that date. Agilo Software GmbH BEARS NO LIABILITY FOR ANY DAMAGES RESULTING FROM USE (OR ATTEMPTED USE AFTER THE EXPIRATION DATE) OF THE SOFTWARE PRODUCT, AND HAS NO DUTY TO PROVIDE ANY SUPPORT BEFORE OR AFTER THE EXPIRATION DATE OF AN EVALUATION LICENSE.
  2. Grant of non-exclusive license

    Agilo Software GmbH grants the non-exclusive, non-transferable right for the user(s) to use this Software Product on a single system per license purchased. Each additional concurrent user (or team) of the Software Product, or each additional system where the product is used, requires an additional Software Product License. This includes operating systems on which the Software Product is compiled from source code by the user. Agilo Software GmbH grants you the right to modify, alter, improve, or enhance the Software Product without limitation, except as described in this EULA. Although rights to modification of the Software Product are granted by this EULA, you may not tamper with, alter, or use the Software Product in a way that disables, circumvents, or otherwise defeats its built-in licensing verification and enforcement capabilities. The right to modification of the Software Product also does not include the right to remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software Product. You may at your discretion distribute patch files containing any modifications or improvements made to the Software Product, other than those that are aimed at disabling or circumventing its built-in license verification capabilities, or that result in the removal or alteration of any trademark, logo, copyright, or other proprietary notice, legend, symbol or label in the Software Product. This right does not include the right to distribute substantial portions of the original source, where distribution rights are limited to contextual information normally existing in software patch files. You may at your discretion designate license terms, open source or otherwise, for all modifications or improvements made by you. Agilo Software has no special rights to any such modifications or improvements. You may make copies of the Software Product as reasonably necessary for its use. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product. You may install each Software Product License on a single computer system. A second installation of the same Software Product License may be made on one other computer system, so long as both copies of the same Software Product License never come into concurrent use. You may also make copies of the Software Product License as necessary for backup and/or archival purposes. Backup and archival copies may not come into active use, together with the Software Product, for any purpose. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product License. You may not modify or create derivative copies of the Software Product License. All rights not expressly granted to you are retained by Agilo Software GmbH.
  3. Intellectual property rights reserved by agilo software GmbH

    The Software Product is owned by Agilo Software and is protected by Germany and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the Software Product. This Software Product copy is licensed, not sold. You may not use, copy, or distribute the Software Product, except as granted by this EULA, without written authorization from Agilo Software GmbH or its designated agents. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of Agilo Software GmbH. Agilo Software GmbH reserves all intellectual property rights, including copyrights, and trademark rights.
  4. No right to transfer

    You may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or the Software Product to third parties without Agilo Software GmbH's written approval, and subject to written agreement by the recipient of the terms of this EULA.
  5. Indemnification

    You hereby agree to indemnify Agilo Software GmbH against and hold harmless Agilo Software GmbH from any claims, lawsuits or other losses that arise out of your breach of any provision of this EULA.
  6. Third party rights

    Any software provided along with the Software Product that is associated with a separate license agreement is licensed to you under the terms of that license agreement. This license does not apply to those portions of the Software Product. Copies of these third party licenses are included in all copies of the Software Product.
  7. Support services

    Agilo Software GmbH may provide you with support services related to the Software Product. Use of any such support services is governed by Agilo Software GmbH policies and programs described in online documentation and/or other Agilo Software GmbH-provided materials. As part of these support services, Agilo Software GmbH may make available bug lists, planned feature lists, and other supplemental informational materials. Agilo Software GmbH MAKES NO WARRANTY OF ANY KIND FOR THESE MATERIALS AND ASSUMES NO LIABILITY WHATSOEVER FOR DAMAGES RESULTING FROM ANY USE OF THESE MATERIALS. FURTHERMORE, YOU MAY NOT USE ANY MATERIALS PROVIDED IN THIS WAY TO SUPPORT ANY CLAIM MADE AGAINST Agilo Software GmbH. Any supplemental software code or related materials that agile42 provides to you as part of the support services, in periodic updates to the Software Product or otherwise, is to be considered part of the Software Product and is subject to the terms and conditions of this EULA. With respect to any technical information you provide to Agilo Software GmbH as part of the support services, agile42 may use such information for its business purposes without restriction, including for product support and development. agile42 will not use such technical information in a form that personally identifies you without first obtaining your permission.
  8. Termination without prejudice to any other rights

    Agilo Software GmbH may terminate this EULA if you fail to comply with any term or condition of this EULA. In such event, you must destroy all copies of the Software Product and Software Product Licenses.
  9. No warranties

    You accept the software product and software product license "as is," and agilo software and its third party suppliers and licensors make no warranty as to its use, performance, or otherwise. to the maximum extent permitted by applicable law, agile42 and its third party suppliers and licensors disclaim all other representations, warranties, and conditions, express, implied, statutory, or otherwise, including, but not limited to, implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement. The entire risk arising out of use or performance of the software product remains with you. no
  10. Limitation of liability

    This limitation of liability is to the maximum extent permitted by applicable law. In no event shall agilo software GmbH or its third party suppliers and licensors be liable for any costs of substitute products or services, or for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, or loss of business information) arising out of this EULA or the use of or inability to use the software product or the failure to provide support services, even if agilo software GmbH has been advised of the possibility of such damages. In any case, agilo software's , and its third party suppliers' and licensors', entire liability arising out of this EULA shall be limited to the lesser of the amount actually paid by you for the software product or the product list price; provided, however, that if you have entered into an agilo software support services agreement, agilo software's entire liability regarding support services shall be governed by the terms of that agreement.
  11. General

    If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect. A waiver by either party of any term or condition of this EULA or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
  12. Trademarks

    The following are trademarks or registered trademarks of Agilo Software GmbH: Agilo Software GmbH, the Agilo logo, the Hosted Agilo logo, Agilo for Scrum, Agilo for trac, Agilo for trac Free, Agilo for trac Pro.
  13. Contact information

    If you have any questions about this EULA, or if you want to contact Agilo Software GmbH for any reason, please direct all correspondence to: Agilo Software GmbH, Grunberger Str. 54, 10245 Berlin, Germany, email: info at Agilosoftware.com.