Authorized Users also include any Secondary Users that you permit to use the Software, subject to Section 2.3 (Secondary Users). We will deliver the applicable license keys to youraccount no later than when we have received payment of the applicable fees. 4.1. These Splunk General Terms ("General Terms") between Splunk Inc., a Delaware corporation, with its principal place of business at 270 Brannan Street, San Francisco, California 94107, U.S.A ("Splunk" or "we" or "us" or "our") and you ("Customer" or "you" or "your") apply to the purchase of licenses and . Today, the distinction is less the contracting parties are in different countries) does not specify the governing law, then a court or arbitrator will determine the governing law if there is a dispute regarding the agreement. Modifications to the Atlassian Policies will take effect automatically as of the effective date specified for the updated policies. Catch up on the latest Atlassian product announcements and innovations shared live on stage in Las Vegas. 1. Copyright 2006 - 2023 Law Business Research. The dispute resolution venue does not have to be in the governing law jurisdiction. Terms of "POS Services" Provider to Froyoworld. (c)If you are entitled to a refund under this Agreement, then unless otherwise specified by Atlassian, Atlassian will refund any applicable fees to the Reseller and the Reseller will be solely responsible for refunding the appropriate amounts to you. Number of Instances. Pornography in the Workplace: Trends and Developments, My house just burned down, and i dont know when i will be back at work. This remedy is without prejudice to any other remedies available to Atlassian at law or equity or under this Agreement. During the period for which you have paid the applicable Support and Maintenance fee, Atlassian will provide Support and Maintenance for the Software in accordance with the Atlassian Support Policy and Enterprise Support and Services Policy (if applicable). To the extent we are obligated to do so, we may share audit results with certain of our third-party licensors or assign the audit rights specified in this Section 10 to such licensors. 2. In that case, you will have the right to provide to Atlassian any such exemption information, and Atlassian will use reasonable efforts to provide such invoicing documents as may enable you to obtain a refund or credit for the amount so paid from any relevant revenue authority if such a refund or credit is available. (b)Customer Materials. Proprietary software 5. A practical guide to software license agreements: governing - Lexology In any use of the Software, you must not remove, obscure, or alter in any way the following attribution to Atlassian on all user interfaces to the Software: Powered by Atlassian, which must in every case include a hyperlink to http://www.atlassian.com, and which must be in the same format as delivered in the Software. We may provide notice to you via email or through your account. Software License Agreement & Hardware Warranty Excluded Claims. Other than as expressly set forth in Section 7.3 (Return Policy) and Section 16 (IP Indemnification by Atlassian), all amounts are non-refundable, non-cancelable and non-creditable. This Agreement is the entire agreement between you and Atlassian relating to the Software and supersedes all prior or contemporaneous oral or written communications, proposals and representations between you and Atlassian with respect to the Software or any other subject matter covered by this Agreement. For clarity, Atlassian Deliverables are not considered Software, and any Software (including any New Release) is not considered an Atlassian Deliverable. 6.1. Nature of Claims and Failure of Essential Purpose. Headings are for convenience only. It may include conditions such as compliance with local laws or regulations, limitations on usage in certain . We will promptly stop doing so upon your request sent to sales@atlassian.com. Software. Available in Word format. 22.4. litigation formal dispute resolution through a public adversarial process in the applicable court system in which the vendor and customer present evidence and argument to an independent decision maker (a judge) who has authority to impose a binding decision that is subject to review by an appeals court. GNU Lesser General Public License v2.1 - GNU Project - Free Software Any modified source code or Documentation constitutes Your Modifications. We grant you the right to access and use the Services in accordance with this Agreement to design, develop, and test your applications to make them available for your Microsoft 365 online services, on-premises deployments or for the Microsoft In-product Store and/or AppSource. 18.2. They apply to the software named above, which includes the media on which you received it, if any. Definitions. You may disable data collection by the Software through the settings in the Software. TurboTax Agreements and Licensing Disclosures This guarantee is good for the lifetime of your personal, individual tax return, which Intuit defines as seven years from the . At our request, you agree to provide a signed certification that you are using all Software pursuant to the terms of this Agreement, including the Scope of Use. To properly negotiate a software license agreement, and to perform obligations and exercise rights under the agreement, both the software vendor and the customer must know the legal rules that govern the interpretation and enforcement of the agreement. Additional Services means Technical Account Manager (TAM) services, Support and Maintenance or other services related to the Software provided to you by Atlassian, as identified in an Order. Software. Return Policy. Training means Atlassian-provided training and certification services. It is usually best if the software vendor and customer include in the software license agreement a provision that specifies the governing law, so that the vendor and customer know with certainty the law that will govern the agreement. Roughly, it means that the users have the freedom to run, copy, distribute, study, change and improve the software. 7.3. If you do not agree to this Agreement, do not use or access the Software. Except as otherwise set forth in this Agreement, each party agrees that all code, inventions, know-how and business, technical and financial information disclosed to such party (Receiving Party) by the disclosing party (Disclosing Party) constitute the confidential property of the Disclosing Party (Confidential Information), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Under Canadian law, a software license agreement is usually governed by the law specified in the agreement or, if the governing law is not specified, the law of the jurisdiction that has the most real and substantial connection to the agreement. This clause specifies the geographic location or jurisdiction in which the software can be used, distributed, or sold. This may include transmitting, transferring, modifying or deleting your data, or storing your data on systems belonging to the third-party providers or other third parties. You agree to allow us, or our authorized agent, to audit your use of the Software (including that of your Authorized Users). Understanding Essential Terms and Conditions in Software Licensing Software License Terms and Conditions Sample Clauses Any attempt by you to transfer or assign this Agreement except as expressly authorized above will be null and void. informal negotiation one or more rounds of direct negotiation by representatives of the vendor and customer, with each round of negotiation involving more senior representatives. These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. TURBOTAX ONLINE GUARANTEES. Some Software may allow you to designate different types of Authorized Users, in which case pricing and functionality may vary according to the type of Authorized User. Privacy Terms. Export Restrictions. Splunk General Terms | Splunk Any increases to your Scope of Use will be subject to additional fees, as set forth in the applicable Order. You agree that we may bill your credit card or other payment method for renewals, additional users, expenses and unpaid fees, as applicable. Survival. All negotiations pursuant to this Section 18.1 will be confidential and treated as compromise and settlement negotiations for purposes of all rules and codes of evidence of applicable legislation and jurisdictions. All information regarding the characteristics, features or performance of any No-Charge Software (including Beta Versions) constitutes Atlassians Confidential Information. Liability Cap. A software vendor and customer might negotiate a compromise on this issue by selecting a neutral dispute resolution venue or agreeing that the party commencing dispute resolution proceedings will do so in the other partys local venue. Some sites present a pop-up or a landing page requiring visitors to agree to terms and conditions before proceeding, which is called a "clickwrap agreement." It's more common to find . System Requirements. Service Agreement. If your use of the Software is (or in our opinion is likely to be) enjoined, whether by court order or by settlement, or if we determine such actions are reasonably necessary to avoid material liability, we may, at our option and in our discretion: (i) procure the right or license for your continued use of the Software in accordance with this Agreement; (ii) substitute substantially functionally similar Software; or (iii) terminate your right to continue using the Software and refund any license fees pre-paid by you for use of the Software for the terminated portion of the applicable License Term or, in the case of any perpetual licenses, the license fee paid by you as reduced to reflect a three (3) year straight-line depreciation from the license purchase date.
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