END USER LICENCE AGREEMENT
Scrum for Team System
1. Definitions
”Agreement” means the terms and conditions set out in this licence agreement.
“Conchango” means Conchango (UK) plc, a company registered in England and Wales having its registered office address at Heritage House, Church Road, Egham, Surrey TW20 9QD.
“Purpose” means using the Software to provide support for using Scrum when running projects;
“Software” means the Conchango Scrum plugin for Visual Studio Team System. The Software is intended to provide tools for developing agile software with VSTS and TFS.
“VSTS” means the Microsoft software development environment called Visual Studio Team System.
“TFS” means the Microsoft software development server platform called Team Foundation Server.
“You” and “Your” means you, the end user of the Software.
2. Conchango grants you a non-exclusive, non-transferable licence for the duration of the copyright of the Software to use the Software for the Purpose on the terms set out in this Agreement.
3. The Software is provided on an “as is” basis and Conchango provides no warranty either express or implied, including, but not limited to any implied warranties of merchantability, or fitness for a particular purpose or that the use of the Software will not infringe any third party rights of any sort.
4. Conchango does not accept any liability for any loss or damage caused directly or indirectly by use of Software except for death or personal injury caused by Conchango’s negligence. In no event will Conchango be liable for any indirect or consequential losses, including but not limited to damages for loss of profits, business interruption, loss of business information or any other pecuniary loss whatsoever.
5. You acknowledge that the Software has not been developed to meet Your individual requirements or specification and the Software has not been tested in advance on every possible operating system and in every environment. It is Your responsibility to verify that the Software is compatible with Your own operating systems.
6. No title or rights of ownership, copyright or any other intellectual property rights in the Software is or will be transferred to You. All intellectual property rights in the Software are owned by Conchango and are the sole property of Conchango.
7. You agree to indemnify Conchango and hold Conchango harmless in respect of any losses or expenses incurred as a result of any use, authorised or unauthorised.
8. You may not without prior consent:
8.1 assign, sublicense, transfer or resell the Software; or
8.2 offer the Software as a service or as part of a service; or
8.3 incorporate the Software into any other software or software product;
8.4 modify the Software in any way except to customise XML files;
8.5 reverse engineer in any way any compiled portions of the Software;
8.6 exploit the Software for any commercial purpose, outside the Purpose for which use of the Software is intended.
9. Conchango may terminate this licence at any time if you do not comply with the terms of this Agreement.
10. If you wish to seek consent in relation to any of the matters in clause 8, or you wish to report any bugs or defects, you should email scrumforteamsystem@conchango.com. Support and maintenance are provided on an ad-hoc basis and there are no specific response times.
11. The terms of this Agreement are governed by English law and the parties submit to the exclusive jurisdiction of the English courts.