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Last updated 27 February 2019

IMPORTANT! BE SURE TO CAREFULLY READ AND UNDERSTAND ALL THE RIGHTS AND RESTRICTIONS SET FORTH IN THIS END USER LICENCE AGREEMENT (“EULA”).

YOU ARE NOT AUTHORISED TO USE THIS SOFTWARE UNLESS AND UNTIL YOU ACCEPT THE TERMS OF THIS EULA.

  1. Acknowledgement

This End User Licence Agreement (EULA) is a binding legal agreement between Catch Limited (“Catch”), a provider of downloadable and cloud-based applications under the Catch brand name through the Atlassian Marketplace or any other means that can interoperate with applications manufactured by Atlassian Pty Ltd (“Atlassian”), and you (either an individual or a single legal entity you represent), whose details are provided to Catch upon purchase (hereinafter “Licensee” or “you”) for the materials accompanying this EULA, including the accompanying computer software, associated media, printed materials, and any “online” or electronic documentation.

By clicking on the ‘Accept & Install’ (or similar) button that is presented to you at the time of your installation, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install, copy, download, or otherwise use the Software. If you are agreeing to this EULA on behalf of a company or other organisation, you represent that you have the authority to bind that company or organisation to this EULA, and the terms Licensee, you, and “your” refer to that company or organisation. If you do not have that authority, you may not install, copy, download, or otherwise use the Software.

This is a “Publisher EULA” as referred to in the Atlassian Marketplace Terms of Use (https://www.atlassian.com/licensing/marketplace/termsofuse).

  • Scope of the Agreement

This EULA governs:

  • Catch’s commercially available downloadable software products sold, or made available at no charge (“Software”);
  • Catch’s Software provided in a hosted cloud or cloud-based environment (“Hosted Services”);
  • Any support services provided by Catch relating to the Software or Hosted Services.

Software and Hosted Services, together with related Documentation, are referred to herein as “Products”.

  • Account Registration

You may need to register on the Atlassian Marketplace (found at https://marketplace.atlassian.com) in order to place orders, access, or receive any Products. Any registration information that you provide must be accurate, current, and complete. You must update your information so that Catch may send notices, statements, and other information to you by email or through your account. You are responsible for all actions taken through your accounts.

  • Orders

Your order through the Atlassian Marketplace or with an authorised Reseller (“Order”) will specify your authorised scope of use for the Products, which may include:

  • The defined number of installations, the number of specific individuals for whom you have paid the required fees and whom you designate through the applicable Product (“Authorised Users”), the number of authorised servers, the number of unique data set platforms, and/or other defined resource utilisation limitations;
  • Storage or capacity (for Hosted Services);
  • Numbers of licences, copies, or instances (for Software);
  • Other restrictions or billable units (all of the above, as applicable, the ‘Scope of Use”).

The term “Order” also includes any applicable Product or Support Services renewal, or purchases you make to increase or upgrade your Scope of Use. You may increase the number of Authorised Users permitted to access your instance of the Product by placing a new Order or, in some cases, directly through the Product.

  • Grant of Licence

The Products are licensed, not sold, and no ownership right is conveyed to you, irrespective of the terms in this EULA such as ‘purchase’ or ‘sale’.

  • This EULA grants you the following rights:

Standard Use. For other than No-Charge Products, Catch grants you a perpetual (subject to termination for breach), worldwide, non-exclusive, non-transferable, non-sublicensable to install and use the Software in object code only, limited to the Scope of Use as designated in your Order.

Hosted Services. Catch grants you a monthly (paid in advance) subscription for worldwide, non-exclusive, non-transferable, non-sublicensable use of the Hosted Services, subject to automatic renewal for successive monthly terms unless either Catch or you notifies the other of non-renewal or Catch ceases to make a particular Hosted Service available. If you cancel, your subscription will terminate at the end of the then-current billing cycle, but you will not entitled to any credits or refunds for amounts accrued or paid prior to such termination. You acknowledge that Hosted Services are on-line, subscription-based products, hosted by Catch and/or Atlassian, and that Catch and/or Atlassian may make changes to the Hosted Services from time to time.

No-Charge Products. Catch may offer you a time-limited, worldwide, non-exclusive, non-transferable, non-sublicensable limited licence for certain Products at no charge, including free accounts, trial use, and access to Beta Versions as defined below (“No-Charge Products”). Your use of No-Charge Products is subject to any additional terms specified by Catch and is only permitted for the evaluation period designated by Catch. After the evaluation period is expired you must abide by the Standard Use rights, or must remove and delete all copies of the Software in your possession. You may not use No-Charge Products for competitive analysis or similar purposes. Catch may terminate your right to use No-Charge Products at any time and for any reason in its sole discretion, without liability to you. You understand that any pre-release and beta products (“Beta Versions”) are still under development, may be inoperable or incomplete and are likely to contain more errors and bugs than generally available Products. Catch makes no promises that any Beta Versions will ever be made generally available. In some circumstances, Catch may charge a fee in order to allow you to access Beta Versions, but the Beta Versions will still remain subject to this paragraph. All information regarding the characteristics, features, or performance of Beta Versions constitutes Catch’s Confidential Information. To the maximum extent permitted by applicable law, Catch disclaims all obligations or liabilities with respect to No-Charge Products, including any Support Services, warranty, and indemnity obligations.

  • You licence rights under this EULA are worldwide, non-exclusive, non-transferable, and non-sublicensable. You may not sell, transfer, or convey the Software to any third party without Catch’s prior express written consent. Catch reserves all rights not expressly granted to the Licensee in this EULA.
  • Standard Use licensee are permitted to make one (1) copy of Software for data protection, archiving, and backup purposes only and for not other purpose.
  • You may only install the Software and make the Software available for use on hardware systems owned, leased, or controlled by you, or your third party service providers so long as you remain responsible for their compliance with the terms and conditions of this EULA.
  • This EULA applies whether you purchase Products directly from Catch, through the Atlassian Marketplace, through an authorised Reseller, or otherwise. If you purchase through a Reseller, your licence rights shall be stated in the Order placed by Reseller for you, and the Reseller is responsible for the accuracy of any such Order. Resellers are not authorised to make any promises or commitments on Catch’s behalf, and Catch is not bound by any obligations to you other than what is included in this EULA.
  • Third Party Software
  • You acknowledge that Products may contain software licensed by Catch from third parties, including open source software, are embedded in the Products, and that in addition to the obligations of this EULA additional obligations may apply in relation to any use of the third party software by you which is not in accordance with the use of the Products as permitted under the terms of this EULA. In such circumstances you must consult the relevant third party to acquire any necessary licences and consents in relation to your use of the third party software.
  • The Software uses, requires, and depends on various third party APIs. Catch disclaims any liability for any failure or limitations of these APIs or services. Atlassian, or any other API provider, may remove the API end points required for the Software to function properly. Catch disclaims any liability for the consequence of such actions by such third parties.
  • Price and Payment

If you have not previously paid the licence fee for the Product, then you must pay the licence fee within the period indicated in the applicable invoice or as otherwise provided in Catch’s pricing terms as published on the Atlassian Marketplace. Failure to pay any licence fees by the due date will result in the immediate termination of the licence(s) granted under this EULA.

  • Support Services
  • Catch may provide you with online support services related to the Products (“Support Services”), in its discretion and for the sole purpose of addressing technical issues relating to the use of the Products. Support Services also include access to bug fixes, patches, modifications, or enhancements (together, “Releases”) to the Products that Catch makes generally commercially available during the “Support Period”. When accepted by you, any such Releases will be considered part of the Products and subject to the terms of this EULA.
  • The initial Support Period for a Standard Use Product is twelve (12) months starting at the time the Product is purchased, and may be renewed for additional twelve (12) month periods (each, a “Renewal Support Period”) at the then-current rate for Support Services. Renewal Support Periods commence upon the expiration of the prior Support Period regardless of when the Product is purchased.
  • Use of Support Services, if any, is governed by Catch’s policies and programs described in any user manual, in online documentation, and/or other Catch provided materials. Any supplemental software code provided to you as a part of Support Services will be considered part of the Products and subject to the terms of this EULA.
  • All deliveries of Software will be electronic. For the avoidance of doubt, you are responsible for the installation of any Software.
  • Catch encourages feedback from its customers. If you have any feedback regarding your purchase or use of the Products, please provide that feedback to Catch at support@catchsoftware.com
  • Data Security & Privacy

Catch’s collection, use, disclosure, and handling of your information is done in accordance with its Privacy Policy. The most recent version of this can be found at https://catchsoftware.com/Corp-Culture#Privacy. This Privacy Policy also explains the options available to you regarding Catch’s use of your information and how you can access and update this information.

  1. Termination
  • You may terminate your licence to the Products at any time by destroying all your copies of the Software or ceasing your access to the Hosted Services. You licence to the Products shall automatically terminate if you fail to comply with the terms of this EULA. Upon termination of your licence, you are required to remove all Software from your computer systems and destroy any copies of the Software in your possession.
  • On termination, you shall have the choice of having all Personal Information and Data transferred to you or the Personal Information and Data being destroyed in accordance with Catch’s Privacy Policy, unless legislation imposed upon Catch prevents if from returning or destroying all or part of the Personal Information and Data. If Catch cannot return or destroy the Personal Information and Data, it warrants that it will guarantee the confidentiality of the Personal Information and Data and will not actively process the Personal Information and Data after termination.
  1. Copyright
  • The Products and all copies thereof are protected by copyright and other intellectual property laws and treaties. Catch or its relevant third parties own the title, copyright, and all other intellectual property rights in the Products and all subsequent copies of the Products.
  • All title and copyrights in and to the Products (including but not limited to any images, icons, text files, pdfs, or static non-code assets contained with Products), the accompanying printed materials, and any copies of the Products, are owned by Catch or its supplies. This EULA does not grant you any rights to use such content. If the Products contain documentation that is provided only in electronic form, you may print one copy of such electronic documentation. Except for any copies of this EULA, you may not copy the printed materials accompanying the Products.
  • Other than it is allowed in this EULA, you may not (i) reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies of, create derivative works from, distribute or provide non-Authorised Users with access to the Products in whole or part, (ii) use the Products for the benefit of any third party, (iii) incorporate any Products into a product or service you provide to a third party, (iv) interfere with any licence key mechanism in the Products or otherwise circumvent mechanisms in the Products intended to limit your use, (v) remove or obscure any proprietary notices on the Products or any permitted copies of the Products, or (vi) publicly disseminate information regarding the benchmarking performance of the Products.
  • You may not copy or embed elements of the Source Code into other applications, or publish, transmit, or communicate the Source Code to other parties other than yourself or the entity you represent.
  • You retain all right, title, and interest in and to any Personal Information or Data you upload, submit, or otherwise transmit to or through the Hosted Service or through Catch’s online support systems. Subject to the terms of this EULA, you grant Catch a non-exclusive, worldwide, royalty-free right to (i) collect, use, copy, store, transmit, modify, and create derivative works of Your Data, in each case solely to the extent necessary to provide the applicable Hosted Service to you, and (ii) for Hosted Services that enable you to share Your Data or interact with other people, to distribute and publicly perform and display Your Data as you (or your Authorised Users) direct or enable you to share Your Data or interact with other people, to distribute and publicly perform and display Your Data as you (or your Authorised Users) direct or enable through the Hosted Service.
  1. Confidentiality
  • You agree that all code, inventions, know-how, business, technical, and financial information disclosed to you by Catch constitute the confidential property of Catch (“Catch Confidential Information”). Any intellectual property, the underlying technology, and any performance information relating to the Products shall be deemed Catch Confidential Information without any marking or further designation. Except as expressly authorised herein, you will hold in confidence and not use or disclose any Catch Confidential Information. Your nondisclosure obligation shall not apply to information that you can document: (i) was rightfully in your possession or known to you prior to receipt of the Catch Confidential Information; (ii) is or has become public knowledge through no fault of your own; (iii) is rightfully obtained by you from a third party without breach of any confidentiality obligation; or (iv) is independently developed by you or your employees who had no access to such information. You may also disclose Catch Confidential Information if so required pursuant to a regulation, law, or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to Catch). You acknowledge that disclosure of Catch Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by you, Catch shall be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law. For avoidance of doubt, this Section shall not operate as a separate warranty with respect to the operation of any Products.
  • Catch agrees that in the event that Catch has access to, either in oral or physical form, Licensee’s confidential or propriety information, including but not limited to Your Data and information concerning Licensee’s business, products, customers, services, policyholders and/or claimants (“Licensee Confidential Information”), Catch shall (i) use such Licensee Confidential Information solely for the purpose of this EULA; and (ii) take reasonable precautions, no less than it would take to prevent the disclosure of its own similar Catch Confidential Information, to ensure that it does not disclose Licensee’s Confidential Information to any third party without first obtaining the other party’s written consent.
  • Notwithstanding the above, Catch may disclose, and may permit its representatives to disclose, any Licensee Confidential Information (i) to the extent it is required to do so by law or any order or request of any government agency; and (ii) to Catch’s representatives to the extent required for the purposes of implementing the transactions contemplated by this EULA.
  • For Licensee Confidential Information that does not constitute trade secrets under applicable law, these confidentiality obligations will expire three (3) years after termination of the agreement between Catch and Licensee. The recipient of such Licensee Confidential Information will be responsible for any breach of the section by its employees, representatives, and agents. Licensee Confidential Information will not include any information that (i) was independently developed by a party without use of or reference to any Licensee Confidential Information belonging to the other party; (ii) was acquired by either party from a third party having the legal right to furnish the same to the other party; or (iii) was at the time in question (whether at disclosure or thereafter) known by or available to the public.
  1. Publicity Rights

The Licensee grants Catch the right to include the Licensee’s company name, logo, and/or likeness that you provide during registration, and any review that Licensee may provide (in full or in part) to Catch, within Product promotional material and on Catch’s web site. Licensee can revoke this right at any time by submitted a written request via email to support@catchsoftware.com, requesting to be excluded from future Product promotional material. Requests made after purchasing may take thirty (30) calendar days to process.

  1. Export Restrictions

You may not use or otherwise export or re-export any Product(s) except as authorised by United States law and the laws of the jurisdiction in which the Product(s) was obtained. In particular, but without limitation, the Product(s) may not be exported or re-exported

  • Into any U.S. embargoed countries; or
  •  To anyone on the U.S Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.

By using the Product(s), you represent and warrant that you are not located in any such country or on any such list.

  1. Disclaimer of Warranties

Save as provided in Sections 17 and 18 below, the Products are provided on an ‘as is’ and ‘as available’ basis without warranty, express or implied, of any kind or nature, including, but not limited to, any warranties of performance, merchantability, fitness for a particular purpose, or title. You may have other statutory rights, but the duration of statutory required warranties, if any, shall be limited to the shortest permitted by law. Catch shall not be liable for delays, interruptions, service failures, and other problems inherent in use of the internet and electronic communications, or other systems outside the reasonable control of Catch. To the maximum extent permitted by law, Catch does not make any representation, warranty, or guarantee that:

  • The use of the Products will be secure, timely, uninterrupted, or error-free;
  • The Products will operate in combination with any other hardware, software, system, or data;
  • The Products will meet your requirements or exceptions;
  • Any stored data will be accurate or reliable or that any stord data will not be lost or corrupted;
  • Errors or defects will be corrected;
  • The Products (or any server(s) that make a Hosted Service available) are free of viruses or other harmful components.
  1. Return Policy

With regards to Standard Use Products, Catch’s customer business practice is to allow customer to return Software with 30 days of payment for any reason or no reason and to receive a refund of the amount paid for the returned Software. A return means Catch will disable the licence key that allowed the Software to operate. Catch will not accept returns after the 30-day return period.

  1. Infringement; Indemnification
  • If you purchase a Standard Use licence, and if the Software becomes, or in the opinion of Catch may become, the subject of a claim of infringement of any third party right, Catch may, at its option and in its discretion: (i) procure for Licensee the right to use the Software fee of any liability; (ii) replace or modify the Software to make it non-infringing; or (iii) refund any licence fees paid by you for the current Support Period for that Software.
  • Licensee will defend or settle, at Licensee’s expense, any action brought against Catch based upon the claim that any modifications by Licensee to the Software not approved by Catch or combination by Licensee of the Software with other, third-party, products not approved by Catch infringes or violates any third-party right, and only to the extent that such modification or combination contributes to such claim; provided, however, that: (i) Catch shall notify Licensee promptly in writing of such claim; (ii) Catch shall not enter into any settlement or compromise any such claim without Licensee’s prior written consent; (iii) Licensee shall have sole control of any such action and settlement negotiations; and (iv) Catch shall provide Licensee with information and reasonable assistance, at Licensee’s request and expense, necessary to settle or defend such claim. Licensee agrees to pay all damages and costs finally awarded against Catch attributable to such claim.
  • Licensee agrees to indemnify and hold Catch, and its subsidiaries, affiliates, 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 Licensee’s use of the Software, or Licensee’s violation of the EULA or any rights of a third party.
  • Catch assumes no liability hereunder for, and shall have no obligation to defend Licensee or to pay costs, damages, or attorney’s fees for, any claim based upon any modifications to any the Software not approved by Catch  or combination of any of the Software with products not approved by Catch, and only to the extent that such modification or combination contributes to such claim.
  • Catch agrees to defend, indemnify, and hold harmless the Licensee and their respective directors, officers, employees, and agents from and against any and all third party claims, losses, damages, suits fees, judgements, costs and expenses of every nature; including reasonable attorneys’ fees and expenses arising out of, resulting from, or attributable to the Software’s claimed infringement or violation of any patent, copyright, trade secret, trademark, or other third party intellectual property right, except to the extent that the infringement or violation has been caused or contributed to by the Licensee or its representatives.
  1. Limitation of Liability
  • Except for the indemnification obligations of Section 17 or breach of Sections 7, 11 or 12, Catch’s aggregate liability under any claims arising out of this EULA shall not exceed the fees paid by you for the current Support Period, except where not permitted by applicable law, in which case Catch’s liability shall be limited to the maximum extent allowed by such applicable law.
  • Except for the indemnification obligations of Section 17 or breach of Sections 7, 11 or 12, Catch’s aggregate liability under any claims arising out of this EULA shall not exceed the fees paid by you for the current Support Period, except where not permitted by applicable law, in which case Catch’s liability shall be limited to the maximum extent allowed by such applicable law.
  • Except for each party’s indemnification obligations or breach of Sections 7, 11 and 12, neither party will be liable for lost profits or for special, indirect, incidental, or consequential damages, regardless of the form of action, even if such party is advised of the possibility of such damages. The foregoing liability limitations shall apply to the maximum extent allowed by applicable law. To the extent the foregoing liability limitations or the warranty disclaimers of Section 16 are not allowed by applicable law, then the liability of Catch, and the remedy of Licensee, shall be limited to: (i) the re-supply of any defective Product; or (ii) the refund of the licence fees paid by you for the current Support Period for such defective Product.
  • These limitations will apply to you even if the remedies fail of their essential purpose.
  1. Dispute Resolution
  • The parties agree that this EULA will be governed by and construed and interpreted in accordance with the laws of the New Zealand.
  • In the event of a dispute that arises out of this Agreement (the “Dispute”), a party may not commence any court or arbitration proceedings relating to the Dispute unless it has given written notice to the other party, and then made all reasonable endeavours to resolve the Dispute via discussion, consultation, negotiation, or other informal means. In the event that resolution was not achieved within fifteen (15) Working Days of the notice being given then the Dispute will be determined by either: (i) Arbitration by a single arbitrator, appointed by the parties, or failing agreement, by the President of the New Zealand Law Society on application of either party. The arbitration will be conducted as soon as possible and in accordance with the Arbitration Act 1996 (NZ); or (ii) Where both parties agree, under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with such rules.
  • Severability

If any term of this EULA is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this EULA will remain in full force and effect.

  • No Waiver

No waiver of any right under this EULA will be deemed effective unless contained in writing signed by a duly authorised representative of the party against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future rights arising out of this EULA.

  • Assignment

Licensee may assign this EULA to succeeding parties in the case of a merger, acquisition, or change of control; provided however, that in each case;

  • Catch is notified in writing within ninety (90) days of such assignment,
  • The assignee agrees to be bound by the terms and conditions contained in this EULA; and
  • Upon such assignment the assignee makes no further use of the Product(s) licensed under this EULA.

Catch may assign its rights and obligations under this EULA without consent of the Licensee. Any permitted assignee shall be bound by the terms and conditions of this EULA.

  • U.S. Government Users

If you are a U.S. Government end user, Catch is providing the Products to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R § 2.101), and the rights granted to you by Catch for the Products are the same as the rights Catch customarily grant to others under this EULA.

  • Revisions to EULA

Catch may update, modify, or amend (together, “Revise”) this EULA from time to time, including any referenced policies and other documents. If a revision meaningfully reduces your rights, Catch will use reasonable efforts to notify you by, for example, sending an email to the billing or technical contact you designate in the applicable Order, on Atlassian Marketplace, or within Catch’s published product documentation. If Catch revises this EULA during your term of your licence or subscription, the revised version will be effective immediately and independent of License Term, Support Services, Hosted Services, or Subscription Term , as applicable. In this case, if you object to any revisions, as your exclusive remedy, you may choose not to renew, including cancelling any terms set to auto-renew. With respect to No-Charge Products, accepting the revised EULA is required for you to continue using the No-Charge Products. You may be required to click through the updated EULA to show your acceptance. If you do not agree to the revised EULA after it becomes effective, you will no longer have a right to use No-Charge Products. For the avoidance of doubt, any Order is subject to the version of the EULA in effect at the time of the Order. You may not revise this EULA without Catch’s written agreement (which may be withheld in Catch’s complete discretion).

  • Entire Agreement

This EULA constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations, or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this EULA by any representations or promises not specifically stated herein. This EULA may not be modified or amended by you without Catch’s written agreement (which may be withheld in Catch’s complete discretion).

In the event of a conflict between the terms of this EULA and the terms of any open source licences applicable to the Software, for the specific terms in conflict the terms of the open source licences shall control with regard to the Software, or part-thereof.

  • Contact Information

For communications concerning this EULA, including Catch’s data protection practices, please write to support@catchsoftware.com