END USER LICENSE AGREEMENT This End User License Agreement constitutes a legal agreement between you and David Erickson. By accessing or using Sudo for Jira (the "Software"), you signify that you have read, understand and agree to be legally bound by this End User License Agreement. Please read it carefully. IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT, PLEASE DO NOT USE THE SOFTWARE. I reserve the right to change portions of this End User License Agreement at any time without further notice. Your continued use of the Software after any changes constitutes your acceptance of the new End User License Agreement. If you do not agree to abide by these or any future End User License Agreement, do not use the Software. It is your responsibility to regularly check to determine if there have been changes to the End User License Agreement and to review those changes. 1. Intellectual Property All right, title and interest, including copyright, in the Software are owned by David Erickson, third parties or other users. All rights reserved. 2. Disclaimer THE SOFTWARE PROVIDED BY DAVID ERICKSON IS ON AN AS IS AND AS AVAILABLE BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, I DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, I MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SOFTWARE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SOFTWARE WILL BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE SOFTWARE; OR (IV) THAT THE SOFTWARE, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. I RESERVE THE RIGHT, AT ANY TIME, TO MODIFY, SUSPEND OR DISCONTINUE THE SOFTWARE OR ANY PART THEREOF WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 3. Limitation of Liability IN NO EVENT SHALL I BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF I HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND CONTENTS AVAILABLE FROM THE SOFTWARE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 4. Indemnification Your use of the Software constitutes your agreement to defend, indemnify, and hold harmless David Erickson and his respective employees, contractors, officers, directors, licensees (excluding you), sublicensees, successors and assigns from and against any actions, claims, demands, liability and expenses, including reasonable attorneys fees, arising out of (i) your breach of any of this End User License Agreement; (ii) your use or misuse of the Software, or (iii) the use or misuse of the Software by a third party using it. 5. General Terms. (a) Remedies. You agree that this End User License Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this End User License Agreement. You also understand and agree that this End User License Agreement is not intended to confer, and does not confer, any rights or remedies upon any person. (b) Severability. If any part of this End User License Agreement is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of David Erickson, and the remaining portions shall remain in full force and effect. (c) Waiver. The failure of David Erickson to exercise or enforce any right or provision of this End User License Agreement will not constitute waiver of such right or provision. Any waiver of any provision of this End User License Agreement will be effective only if in writing signed by David Erickson. (d) Governing Law/Jurisdiction. This End User License Agreement is governed by and construed in accordance with the laws of the State of California. You agree to submit to the personal jurisdiction of the courts of the United States District Court for the Northern District of California for any cause of action arising out of or relating to this End User License Agreement, and hereby waive any right to participate in any type of lawsuit brought and/or maintained as a class action or similar in nature to a class action.