Software License and Support Agreement
Posted on April 1st, 2022 in Uncategorized | Comments Off on Software License and Support Agreement
3.7. System Requirements. You are solely responsible for ensuring that your systems meet the hardware, software and any other system requirements applicable to the Software, as specified in the Documentation. Atlassian assumes no obligation or liability under this Agreement for any problems caused by your use of third-party hardware or software not provided by Atlassian. 1.2. Cloud Products. This Agreement does not apply to Atlassian`s hosted or cloud-based solutions (currently referred to as “Cloud” deployments), the use of which requires a separate agreement with Atlassian. 7.4. Extended scope of use.
During the term of your license, you may expand your scope of use (e.B. by adding authorized users, licenses, copies, or instances) by placing a new order or, if provided by Atlassian, directly through the relevant software. Any increase in your scope of use will be subject to additional charges as set forth in the applicable order. If a licensor is willing to indemnify third party claims for intellectual property infringement, a licensor will generally offer closer compensation and will agree to take certain action if an injunction against a licensee`s use of the Software is sought or obtained. A software license agreement checklist can help simplify the process of creating and negotiating a software license agreement or preparing a software license agreement template. The development of such an agreement or model involves the planning and eventual handling of a variety of technical, economic and legal issues. Questions or comments? Chat with me 22.2. Force majeure. Neither party shall be liable to the other party for any delay or failure to perform any obligation under this Agreement (other than non-payment of fees) if the delay or failure is due to events beyond that party`s reasonable control, such as. B strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of electricity or telecommunications or data networks or services, or denial of license by a government agency. Do you have any comments on the information presented? Have you thought about other things that should be covered in this software license agreement checklist or in a software license agreement template? Let me know and I would be happy to answer your thoughts in an updated version.
7.2. Delivery. We will transfer the relevant license keys to your account no later than once we have received payment of the applicable fees. You are responsible for accessing your account to determine whether we have received payment and whether your order has been processed. All deliveries under this contract are made electronically. For the avoidance of doubt, you are responsible for the installation of the Software and acknowledge that Atlassian has no other delivery obligation with respect to the Software after delivery of the License Keys. Determine whether Licensor should provide Licensee with compensation with respect to the intellectual property and materials provided by Licensor. Note that Licensees often require additional compensation from Licensors, including compensation for personal injury and property damage, particularly if Licensor`s personnel provide services on Licensee`s site. “License Term” means the authorized license term for the Software as set forth in an Order. 3.3.
Number of instances. Unless otherwise specified in your order, for each software license you purchase, you may install one (1) production instance of the Software on systems owned or operated by you or one of your Authorized Users. We may also provide free “developer licenses” for some of our software offerings so that you can provide non-production instances, .B. for staging or quality assurance purposes. Details on applying for non-production licenses can be found on our website. The compensation most requested by licensees is a provision for compensation for intellectual property. Licensees generally seek full indemnification, defense, and protection against damages with respect to third party claims against Licensee`s use of the Software. To put it simply, a software license agreement is an agreement between your company and your customers about the use of the software to which you have the rights. It allows your customers to use your software and describes exactly how they can use it. The software license agreement details where customers can install it and how and how often it can be installed. Also, it should answer any questions your customers may have about their ability to copy, modify, or redistribute it. The price and license fees for the Software may also be set forth in this Agreement.
A software license agreement is something you want to have to prevent or protect copyright infringement. 3.5. Your Changes. Subject to the terms of this Agreement (including Section 2 (Combining Products with Open Source Software) of the third-party code in Atlassian Products), for all elements of the Software provided by Atlassian in source code form and to the extent permitted in the Documentation, you may modify such source code solely for the purpose of developing bug fixes. Adjustments and additional functions for the software. Any modified source code or documentation constitutes “Your Modifications”. You may use your modifications only to support your authorized use of the Software (and only with your own instances of the Software), but you may not disclose the code to any third party for your changes. Notwithstanding anything to the contrary in this Agreement, Atlassian has no endorsement, warranty, set-off or other obligation or liability with respect to your modifications or their combination, interaction or use with our Software. In some cases, timing is a factor, and quarterly or year-end reporting periods can affect a licensor`s willingness to negotiate certain conditions. For other transactions, the type or intended use of the software is appropriate for a negotiated agreement. This is more often the case when a licensee views the transaction as a material of the size, the software as “business-critical” or when there are less viable alternatives on the market.
However, for some transactions, acceptance tests may be appropriate, for example. B if significant adjustments are made (see below) so that Licensee can use the Software or integrate it into its entire IT environment. When acceptance testing is used, performance and compliance guarantees, as well as support and maintenance fees, come into effect upon acceptance rather than performance of the software license agreement. 4.2. Marketplace Applications. As further described in the Atlassian Marketplace Terms of Service, Atlassian Marketplace lists a variety of applications that can be used with the Software, including Atlassian applications and third-party applications. . .
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