“Accessible Code” means source code that is unprotected and accessible.
“XPAND IT” means Xpand Solutions – Informática e Novas Tecnologias Lda.
“Application” means the Atlassian JIRA application within which the Software runs.
“Authorised User” means a person who accesses and uses the Software under a User Licence.
“Embedded Software” means any third party software which may contain Accessible Code, Protected Code or Media licensed by XPAND IT from a third party and embedded in the Software.
“Fees” mean all fees and expenses payable by the Licensee to XPAND IT in acquiring the Software and as applicable any Maintenance or User Licenses.
“Free License” means a license for which the Fees are waived by XPAND IT.
“Maintenance” means the provision by XPAND IT to Licensee, of Software updates and/or enhancements made generally available to customers from time to time, and online technical support for the sole purpose of addressing technical issues relating to the use of the Software.
“Media” means all images, icons, text files, pdfs or other static non-code assets contained within the Software.
“OEM Distribution” means distribution of the Software as either a bundled add-on to, or embedded component of, another application with such application being made available to its users as, but not limited to, an on-premises application, a hosted application, a Software-as-a-Service offering or a subscription.
“OnDemand” means Xpand IT Software hosted in the cloud by Atlassian.
“Paid License” means a license for which Fees have not been waived by XPAND IT.
“Parties” means either XPAND IT or the Licensee or both.
“Protected Code” means any source code that is protected against access by the Licensee and any third party without XPAND IT’s prior written permission and is otherwise not accessible under this EULA.
“Reseller” means a third party selling and distributing XPAND IT services and/or products which it is authorized by XPAND IT to do so.
“Software” means the XPAND IT software entitled “Xporter for JIRA“ or “Xray for JIRA” that accompanies this EULA, which may include computer software, Accessible Code and Protected Code and may include associated media, Media, printed materials, “online” or electronic documentation, Internet-based services and Embedded Software.
“User License” means a license granted under this EULA to the Licensee to permit an Authorized User to use the Software. The number of User Licenses granted to the Licensee is dependent on the Fees paid by the Licensee.