This End User License Agreement (EULA) is a binding legal agreement between Agilemove Inc., a provider of downloadable and cloud-based applications “POPal,” and
you (either an individual or a single legal entity) for the materials accompanying this EULA, including the accompanying computer software, associated media, printed
materials, and any online or electronic documentation.
By using the “POPal” software or related services, you agree to be bound by the terms
of this EULA. If you do not agree with these terms, you may not use the software. If you
are agreeing to this EULA on behalf of a company or other organization, you
acknowledge that you have the authority to bind that entity to this EULA, and the terms
“Licensee,” “you,” or “your” shall refer to that entity.This EULA is a “Publisher EULA” as
referred to in the Atlassian Marketplace Terms of Use
(https://www.atlassian.com/licensing/marketplace/termsofuse)
1. Scope of the Agreement
This EULA governs the following: (a) Agilemove Inc.’s commercially available
downloadable software products sold or made available under the brand name “POPal”
(“Software”). (b) Agilemove Inc.’s Software provided in a hosted or cloud-based
environment (“Hosted Services”). (c) Any support services provided by Agilemove Inc.
relating to the Software or Hosted Services. Software, Hosted Services, and related
Documentation are collectively referred to as “Products.”
2. Account Registration
To access or receive any Products, you may need to register on the Agilemove Inc. website or through the Atlassian Marketplace (https://marketplace.atlassian.com). You agree to provide accurate and up-to-date registration information. You are responsible for all actions taken through your accounts.
3. Orders
When you place an order for any Product through the Atlassian Marketplace or with an
authorized Reseller (“Order”), it will specify the authorized scope of use for the
Products, which may include details such as the number of installations, the number of
authorized users, servers, data set platforms, storage or capacity (for Hosted Services),
licenses, copies, instances, and other defined resource utilization limitations. The term
“Order” also includes any applicable Product or Support Services renewals or
purchases to increase or upgrade your Scope of Use. You may increase the number of
Authorized Users by placing a new Order.
4. Grant of License
The Products are licensed, not sold, and no ownership right is conveyed to you. This EULA grants you the following rights:
Standard Use: For Software that is not offered for free, Agilemove Inc. grants you a perpetual (subject to termination for breach), worldwide, non-exclusive,
non-transferable, non-sublicensable license to install and use the Software in object
code only, limited to the Scope of Use specified in your Order.
Hosted Services: Agilemove Inc. grants you a monthly (paid in advance) subscription for
worldwide, non-exclusive, non-transferable, non-sublicensable use of the Hosted
Services. The subscription is subject to automatic renewal for successive monthly terms
unless either Agilemove Inc. or you notify the other of non-renewal or if Agilemove Inc.
ceases to provide a specific Hosted Service. If you cancel, your subscription will
terminate at the end of the then-current billing cycle. You acknowledge that Hosted
Services are online, subscription-based products and that Agilemove Inc. may make
changes to them from time to time.
No-Charge Products: Agilemove Inc. may offer you a time-limited, worldwide,
non-exclusive, non-transferable, non-sublicensable limited license for certain Products
at no charge, including free accounts, trial use, and access to Beta Versions. Your use
of No-Charge Products is subject to any additional terms specified by Agilemove Inc.
and is only permitted for the evaluation period designated by Agilemove Inc. After the
evaluation period expires, you must comply with the Standard Use rights or remove and
delete all copies of the Software in your possession. You may not use No-Charge
Products for competitive analysis or similar purposes. Agilemove Inc. may terminate
your right to use No-Charge Products at any time and for any reason at its sole
discretion. You understand that Beta Versions are still under development and may
contain errors and bugs. Licensor makes no promises that any Beta Versions will ever
be made generally available.
● Your license rights under this EULA are non-exclusive, non-transferable, and non-sublicensable. You may not sell, transfer, or convey the Software to any third party without Agilemove Inc.’s prior written consent. Agilemove Inc. reserves all rights not expressly granted in this EULA. Standard Use licensees may make one (1) copy of the Software for data protection, archiving, and backup purposes only.
● You may only install the Software and make it available for use on hardware systems owned, leased, or controlled by you or your third-party service providers, as 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 Agilemove Inc., through the Atlassian Marketplace, through an authorized Reseller, or through other means. If you purchase through a Reseller, your license rights are as stated in the
● Order placed by the Reseller for you, and the Reseller is responsible for the accuracy of any such Order. Resellers are not authorized to make any promises or commitments on Agilemove Inc.’s behalf, and Agilemove Inc. is not bound by any obligations to you other than what is included in this EULA.
5. Third-Party Software
You acknowledge that the Products may contain software licensed by Agilemove Inc.
from third parties, including open-source software, embedded in the Products.
Additional obligations may apply if you use third-party software in a manner not in
accordance with the terms of this EULA. In such cases, you must consult the relevant
third party to acquire any necessary licenses and consents for your use of the
third-party software.
The Software may use, require, and depend on various third-party APIs. Agilemove Inc.
disclaims any liability for any failure or limitations of these APIs or services. Third-party
providers, including Atlassian, may remove the required API endpoints for the Software
to function properly. Agilemove Inc. disclaims any liability for the consequences of such
actions by third parties.
6. Price and Payment
If you are not using a free product, you must pay the license fee within the period
indicated in the applicable invoice or as provided in Agilemove Inc.’s pricing terms as
published on its website or the Atlassian Marketplace. Failure to pay any license fees by
the due date will result in the immediate termination of the license(s) granted under this
EULA.
7. Support Services
Agilemove Inc. may provide you with online support services related to the Products
(“Support Services”) for the purpose of addressing technical issues related to the use of
the Products. Support Services may also include installation and troubleshooting
assistance. Any updates provided as part of Support Services will be considered part of
the Products and subject to the terms of this EULA.
The Initial Support Period for each Product is for twelve (12) months, starting from the
time the Product is purchased, and it 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 must be purchased for all licenses of a Product for
which Support Services are desired.
8. Limitations
You may not provide the Products, directly or indirectly, to any third party unless
expressly permitted by this EULA. You may not sell, resell, distribute, sublicense, or rent
the Products to any third party. You may not make the Products available for use by
others in a service bureau or time-sharing arrangement. You may not remove any
proprietary notices from any part of the Products.
9. No Reverse Engineering
You may not reverse engineer, decompile, or disassemble the Software, except and
only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation. You may not copy the Software or the Documentation
except as expressly permitted in this EULA.
10. No Transfer of License
You may not assign your rights under this EULA without the prior written consent of Agilemove Inc. and any attempt to do so will be void. This EULA will bind and inure to the benefit of each party’s successors and permitted assignments.
11. Software Transfer
You may permanently transfer all your rights under this EULA to another party if:
(a) you notify Agilemove Inc. in writing that you are transferring your rights under this
EULA; (b) the other party accepts the terms of this EULA; (c) you remove and retain no
copies of the Software; (d) you transfer all copies of the Software, the related
Documentation, and a copy of this EULA to the other party; and (e) the other party
agrees in writing to be bound by the terms of this EULA.
12. Termination
Without prejudice to any other rights, Agilemove Inc. may terminate this EULA if you fail
to comply with the terms and conditions of this EULA. In such an event, you must
destroy all copies of the Software and all of its component parts.
The sections on “Third-Party Software,” “Limitations,” “Termination,” “Your Privacy,”
“Compliance with Licensing,” “Warranty Disclaimer,” “Limitation of Liability,” “Your
Indemnification of Agilemove Inc.,” and “General” will survive any termination of this
EULA.
13. Your Privacy
Agilemove Inc. may access, collect, and use information about your use of the Products
as set out in Agilemove Inc.’s Privacy Policy.
14. Compliance with Licensing
You agree to cooperate with Agilemove Inc. and its authorized resellers and
representatives to document your installation and use of the Software, including
allowing access to your installation and use of the Software. You agree to provide
written certification confirming compliance with the terms of this EULA on Agilemove
Inc.’s request.
15. Publicity Rights
The Licensee grants Licensor 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 Licensor, within Product promotional material and on
Licensor’s web site. Licensee can revoke this right at any time by submitting a written
request via email to [email protected], requesting to be excluded from future
Product promotional material. Requests made after purchasing may take thirty (30)
calendar days to process.
16. Warranty Disclaimer
The software and documentation are licensed to you “as is.” Any use of the software is
at your own risk. To the maximum extent permitted by applicable law, Agilemove Inc.
disclaims all warranties and conditions, either express or implied, including, but not
limited to, implied warranties of merchantability, fitness for a particular purpose, title, and
non-infringement, with regard to the software, and the provision of or failure to provide
support services.
17. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Agilemove Inc. be
liable for any special, incidental, indirect, or consequential damages whatsoever
(including, without limitation, damages for loss of business profits, business interruption,
loss of business information, or any other pecuniary loss) arising out of the use of or
inability to use the software or the provision of or failure to provide support services,
even if Agilemove Inc. has been advised of the possibility of such damages.
18. Your Indemnification of Agilemove Inc.
You will defend Agilemove Inc. against any claim, demand, suit, or proceeding made or
brought against Agilemove Inc. by a third party alleging that your data, or your use of
the Products in breach of this EULA, infringes or misappropriate the intellectual property
rights of a third party or violates applicable law, and will indemnify Agilemove Inc. from
any damages, attorney fees, and costs finally awarded against Agilemove Inc. as a
result of or for any amounts paid by Agilemove Inc. under a settlement approved by you
in writing.
19. General
This EULA, together with your Order and any other materials referenced in this EULA, is
the entire agreement between you and Agilemove Inc. regarding the Products. This
EULA supersedes all prior or contemporaneous oral or written communications,
proposals, and representations with respect to the Products or any other subject matter
covered by this EULA. To the extent the terms of any Agilemove Inc. policies or
programs for support services conflict with the terms of this EULA, the terms of this
EULA will control, unless otherwise stated in writing by Agilemove Inc. If any provision
of this EULA is held to be void, invalid, unenforceable, or illegal, the other provisions will
continue in full force and effect. This EULA will bind and inure to the benefit of each
party’s permitted successors and assigns. This EULA is governed by and constructed
under the laws of the State of Georgia and the United States without reference to
conflict of laws principles. The United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information Transactions Act will
not apply to this EULA. The parties consent to the exclusive personal jurisdiction of the
state and federal courts in Georgia, USA. The parties agree that the prevailing party in
any action to enforce this EULA will be entitled to recover its attorney’s fees and costs.
This EULA will not be governed by the United Nations Convention on Contracts for the
International Sale of Goods. The Software is subject to export control laws and
regulations. You must comply with these laws and regulations.
20. Contact Information
For further questions, please write to [email protected]