1.2. Cloud products. This agreement does not apply to cloud-hosted or cloud-based Atlassian solutions (currently known as „cloud”) whose use requires a separate agreement with Atlassian. „Designated environment,” the computer equipment and operating system of the software described in Schedule C. Many form contracts are only included in digital form and are presented to a user only as a click-through that the user must „accept.” Since the user may only see the agreement after the purchase of the software, these documents may be liability contracts. If you primarily provide software via a browser, but you`re downloaded, you`ll probably need a subscription service contract, because you`re really into the SAAS business. However, if you primarily provide software that is downloaded, but some services are provided (perhaps support, maintenance, training or web services), you will probably need a CLA because you are active with the license of your software. In addition, some models may be more likely to be a true hybrid, with an SAAS agreement for your online subscription service, then an EULA for the software downloaded and used with the subscription service. Between EULA and the Softwaredevelopment Agreement, there is the software license agreement, a software license more complicated than that available from a commercial distributor, but not a unique software specially designed for the licensee. For example, enterprise software, point-of-sale systems and internal human resources systems would generally be allowed under a software license agreement and not as part of a CLUE, as long as they were not clearly developed as part of a software development agreement. The differences between a CLA and a software license are subtle, but a software license generally has more robust maintenance and support rules, ensuring that the licensee trains licensee personnel to use the software and provides maintenance and other support throughout the life of the software. The client has designed [QUICK DESCRIPTION OF SOFTWARE] that is described in more detail on Schedule A, and the developer is a contractor with whom the client has an agreement to develop the software.
Limitation of liability – To what extent are the parties` potential commitments under the agreement limited by the nature of the loss in question? In addition to the definition of applicable law, your licensing agreement may contain dispute resolution provisions that extend to mandatory arbitration, voluntary mediation, escalating executive issues within the parties` organizations, or waiving a jury when issues are dealt with through the courts. 16. Exemption of Ip by Atlassian. We will defend you against all claims filed against you by a third party who claims that the software, if used in accordance with this agreement, violates patents, copyrights or trademarks of third parties or diverts any third-party business secrets that apply in a jurisdiction signed by the Berne Convention (a „claim”), and we will keep you free from any damage and cost that is ultimately attributed by a competent court. by a tally by Atlassian (including reasonable legal fees) provided we have received from you: (a) an immediate written notification of the request (but at least in a timely manner so that we can react without prejudice); (b) appropriate assistance to the defence and review of the claim, including the provision of a copy of the claim, all relevant evidence in your possession, retention or control, as well as cooperation with evidentiment investigations, litigation and court proceedings, including the provision of witnesses as part of your work or control process; and (c) the exclusive right to control and direct the investigation, defence and settlement of the claim, if any.