Source Code License Agreement

Introduction

This License Agreement ("Agreement") governs your rights and obligations regarding the use of "AI Issue Summariser" ("the Software"), a Jira application developed by Rogue Wombat Software ("Licensor," "we," "us," or "our"). The Software integrates with Jira and Jira Service Management (JSM) to provide AI-powered issue summarization using OpenAI’s ChatGPT technology. By installing or using the Software through Atlassian Marketplace, you ("Licensee," "you," or "your") agree to be bound by this Agreement. If you do not agree, do not install or use the Software.

Definitions

"Software": Refers to the AI Issue Summariser application as provided in compiled form through Atlassian Forge, including its functionality, user interface, and any updates supplied by Licensor via Atlassian Marketplace.
"Source Code": The human-readable form of the Software, including all scripts, configurations, and related files, which is proprietary and confidential to Licensor and not accessible under this Agreement.
"OpenAI": Refers to OpenAI, L.P., the third-party provider of AI services integrated into the Software.
"Atlassian Forge": The platform hosting the Software, managed by Atlassian Pty Ltd.

License Grant

3.1 Usage License: Subject to compliance with this Agreement and payment of applicable fees via Atlassian Marketplace, Licensor grants you a non-exclusive, non-transferable, revocable license to:
- Install and use the Software within your Jira instance solely for its intended purpose: generating AI-powered issue summaries.
3.2 Restrictions: You may not:
- Copy, modify, distribute, sublicense, or sell the Software or any portion thereof.
- Attempt to access, reverse-engineer, decompile, or disassemble the Software or its Source Code, except as permitted by applicable law.
- Use the Software outside your licensed Jira instance or for purposes not authorized by this Agreement.
- Remove or alter any copyright notices, trademarks, or proprietary markings within the Software’s user interface.
3.3 Source Code Confidentiality: The Source Code of the Software is private, proprietary, and confidential to Licensor. It is not distributed, shared, or made accessible to Licensee under this Agreement or otherwise. You are granted rights only to use the compiled Software as hosted on Atlassian Forge.

Ownership and Intellectual Property

4.1 Ownership: The Software, including its Source Code, intellectual property, and underlying technology, is owned by Rogue Wombat Software and protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted herein are reserved by Licensor.
4.2 No Source Code Rights: This Agreement does not provide you with any rights to view, modify, or distribute the Source Code, which remains the sole property of Licensor.
4.3 Third-Party Components: The Software integrates with OpenAI’s ChatGPT and Atlassian Forge, governed by their respective terms (OpenAI Terms of Use, Atlassian Forge Terms). You are responsible for complying with these third-party terms.

Fees and Payment

Paid via Atlassian: Use of the Software requires a subscription purchased through Atlassian Marketplace. Fees, billing cycles, and payment terms are managed by Atlassian per their policies (Atlassian Billing Policies).
License Dependency: Your right to use the Software is contingent on maintaining an active subscription.

Configuration and Usage

Your Responsibilities: You grant Licensor permission to process Jira data (e.g., issue descriptions, comments) to generate summaries using our securely managed OpenAI key, as outlined in our Privacy Policy.
Data: The Software processes Jira data as necessary to provide its functionality, with all data handling detailed in our Privacy Policy.

Warranty and Disclaimer

7.1 No Warranty: The Software is provided "as is" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.
7.2 Third-Party Services: Licensor does not warrant the performance or availability of OpenAI’s ChatGPT or Atlassian Forge, which are subject to their providers’ terms and conditions.

Limitation of Liability

To the fullest extent permitted by law, Licensor’s total liability for any claims arising from this Agreement or the Software is limited to the amount you paid for the Software via Atlassian Marketplace in the preceding 12 months. Licensor is not liable for indirect, incidental, or consequential damages (e.g., lost profits, data loss).

Termination

9.1 Termination by Licensee: You may terminate this Agreement by uninstalling the Software from your Jira instance via Atlassian Marketplace.
9.2 Termination by Licensor: We may terminate this Agreement if you:
- Breach any term herein (e.g., attempting to access Source Code).
- Fail to maintain an active Atlassian Marketplace subscription.
9.3 Effect of Termination: Upon termination, your license to use the Software ends, and functionality will cease within your Jira instance.

Governing Law and Dispute Resolution

This Agreement is governed by the laws of New South Wales, Australia, without regard to conflict of law principles. Disputes shall be resolved in the courts of New South Wales, Australia, subject to applicable law.

Amendments

Licensor may amend this Agreement by posting an updated version on our website or within the Atlassian Marketplace listing. Continued use of the Software after amendments constitutes acceptance.

Entire Agreement

This Agreement constitutes the entire understanding between you and Licensor regarding the Software, superseding any prior agreements or understandings.