You will certify such deletion upon our request. If this Agreement is terminated by you in accordance with Section If this Agreement is terminated by Atlassian in accordance with Section In no event will termination relieve you of its obligation to pay any fees payable to Atlassian for the period prior to the effective date of termination.
Except where an exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise. The following Sections will survive any termination or expiration of this Agreement: 3.
General Warranties. Each party represents and warrants that it has the legal power and authority to enter into this Agreement. If you are an entity, you represent and warrant that this Agreement and each Order is entered into by an employee or agent of such entity with all necessary authority to bind such entity to the terms and conditions of this Agreement. Virus Warranty. Atlassian further represents and warrants that it will take reasonable commercial efforts to ensure that the Software, in the form and when provided to you, will be free of any viruses, malware, or other harmful code.
Warranty Disclaimer. Consequential Damages Waiver. Liability Cap. Excluded Claims. Nature of Claims and Failure of Essential Purpose. The parties agree that the waivers and limitations specified in this Section 15 Limitations of Liability apply regardless of the form of action, whether in contract, tort including negligence , strict liability or otherwise and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. IP Indemnification by Atlassian.
Publicity Rights. We may identify you as an Atlassian customer in our promotional materials. We will promptly stop doing so upon your request sent to sales atlassian. Informal Resolution. In the event of any controversy or claim arising out of or relating to this Agreement, the parties will consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties.
If the parties do not reach settlement within a period of sixty 60 days, either party may pursue relief as may be available under this Agreement pursuant to Section All negotiations pursuant to this Section Governing Law; Jurisdiction. This Agreement will be governed by and construed in accordance with the applicable laws of the State of California, USA, without giving effect to the principles of that State relating to conflicts of laws.
Each party irrevocably agrees that any legal action, suit or proceeding arising out of or related to this Agreement must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the State or Federal court in San Francisco, California, USA, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in San Francisco, California, USA, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party.
Injunctive Relief; Enforcement. Notwithstanding the provisions of Section Export Restrictions. The Software is subject to export restrictions by the United States government and may be subject to import restrictions by certain foreign governments, and you agree to comply with all applicable export and import laws and regulations in your download of, access to, and use of the Software.
You shall not and shall not allow any third-party to remove or export from the United States or allow the export or re-export of any part of the Software or any direct product thereof: a into or to a national or resident of any embargoed or terrorist-supporting country; b to anyone on the U.
You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country. You also certify that you are not a Prohibited Person nor owned, controlled by, or acting on behalf of a Prohibited Person. You agree not to use or provide the Software for any prohibited end use, including to support any nuclear, chemical, or biological weapons proliferation, or missile technology, without the prior permission of the United States government.
Third Party Code. The Software includes code and libraries licensed to us by third parties, including open source software. See Third Party Code in Atlassian Products for additional provisions regarding our use of third party code. Modifications Generally. We may modify the terms and conditions of this Agreement including Atlassian Policies from time to time, with notice given to you by email, through the Software or through our website.
Together with notice, we will specify the effective date of the modifications. If you object to the modifications, your exclusive remedy is to cease using the No-Charge Software. Paid Licenses : Typically, when we make modifications to the main body of this Agreement excluding the Atlassian Policies , the modifications will take effect at the next renewal of your License Term and will automatically apply as of the renewal date unless you elect not to renew pursuant to Section 7.
In some cases — e. If the effective date of such modifications is during your then-current License Term and you object to the modifications, then as your exclusive remedy you may terminate your affected Orders upon notice to us, and we will refund to you any fees you have pre-paid for use of the affected Software for the terminated portion of the applicable License Term.
To exercise this right, you must provide us with notice of your objection and termination within thirty 30 days of us providing notice of the modifications. For the avoidance of doubt, any Order is subject to the version of this Agreement in effect at the time of the Order. Atlassian Policies : Our products and business are constantly evolving, and we may modify the Atlassian Policies from time to time, including during your then-current License Term in order to respond to changes in our products, our business, or Laws.
In this case, unless required by Laws, we agree not to make modifications to the Atlassian Policies that, considered as a whole, would substantially diminish our obligations during your then-current License Term. Modifications to the Atlassian Policies will take effect automatically as of the effective date specified for the updated policies.
Any notice under this Agreement must be given in writing. We may provide notice to you via email or through your account. You agree that any such electronic communication will satisfy any applicable legal communication requirements, including that such communications be in writing.
Our notices to you will be deemed given upon the first business day after we send it. Your notices to us will be deemed given upon our receipt. Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation under this Agreement except for a failure to pay fees if the delay or failure is due to events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.
You may not assign or transfer this Agreement without our prior written consent. It is encapsulated by the company saying: We believe software should be bought, not sold. A senior sales representative would speak to the Chief Technology Officer and would sell software for the whole company. This sales model allowed Atlassian to scale with a very small investment in their sales team relative to their peers.
It is also a model that has been followed by a number of successful software businesses since, including Slack and Zoom. Atlassian now has over 10 million monthly active users, across , customers in over countries. A true Australian success story and one of the largest software businesses in the world. The enterprise software industry is an incredibly competitive space. They are all competing to make tools for teams to collaborate better, and many of these competitors do this as part of a much larger product offering.
The good news is that the market is growing and companies are often customers of multiple platforms for different teams or use cases. Like the majority of the enterprise software industry, Atlassian is moving away from the old days of server products and towards the cloud.
The share price story with Atlassian is something to behold. We'll explore the rise of agile marketing and examine one company's journey putting agile into practice. In this webinar, we'll walk through all aspects of migrating in a highly regulated environment. From how to prepare, which migration strategy to choose, and how to manage the project along the way.
Learn how Northwestern Mutual navigated a complex environment and migrated more than 5, users from Data Center to cloud with the help of Solution Partner, Expium. We'll cover the value of the cloud assessment and discovery phases, how to. Just because your team has always done things one way doesn't mean they should keep doing it that way. Learn why the team at Splunk challenged the status quo in order to unlock the value of cloud, and what teams can do to prepare for a succ.
Join this free webinar and learn why companies large and small are using Advanced Roadmaps in Jira Software Premium to help manage the complexities of work and to plan more effectively across teams, projects, and initiatives. Learn how teams at Atlassian, Canva and ePilot upgraded their outdated status reporting spreadsheets and added some delight to cross-functional communication with a fresh new product and repeatable, scalable rituals.
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