Last updated on 26th June 201817th April 2019
End-User License Agreement
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“Application” means the Atlassian application within which the Software runs. Depending on the software you are using, this could be Jira, Confluence, Jira service desk, Bitbucket, Stride .etc
“Authorized User” means a person who accesses and uses the Software under a User License.
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Licensee may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on or in the Software. Licensee is not granted any rights to any trademarks or service marks of Licensor.
5.4 Warranty
The Licensor warrants that:
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The Licensee may have remedies against Licensor imposed by law or statute that cannot be excluded by Licensor and its third party suppliers. To the extent the Licensee has such legal remedies against Licensor or its third party suppliers then to the fullest extent permitted by law Licensor and its third party suppliers’ liability are limited (a) at Licensor’s option, to: (i) in the case of the Software: 1) repairing or replacing the Software; or 2) the cost of such repair or replacement; and (ii) in the case of Maintenance; 1) resupply of the Maintenance; or 2) the cost of having the Maintenance supplied again; or (b) if the limitation set forth in Clause 10.2(a) is not applicable, then Licensor’s maximum liability shall be equal to three times the amount actually paid by the Licensee for the Software.
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Notwithstanding anything in this Agreement and except for liabilities arising from (i) the indemnity obligations under Clause 9 (indemnity), (ii) the gross negligence or willful wilful misconduct of a party, or (iii) the breach of a party’s obligations under Clause 5 (IP), in no event shall (a) Licensor or its third party suppliers be liable with respect to any subject matter of this Agreement under any contract; including negligence or strict liability; indemnity or other legal, contractual or equitable theory for any indirect, special, punitive, incidental or consequential damages, however caused and whether or not advised in advance of the possibility of such damages; damages for lost profits or lost data; or cost of procurement of substitute goods, technology or services; or (b) Licensor’s aggregate liability arising under, with respect to, or in connection with this Agreement exceed the Fees actually paid by the Licensee for the Software.
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