The Confluence Additional Node license allows you to run multiple copies of Confluence as a cluster. The Confluence additional node license must be purchased in combination with or in addition to a Confluence 2000 or Confluence 2000+ user license. 19. Export Restrictions. The Software is subject to export restrictions by the United States Government and may be subject to import restrictions imposed by certain foreign governments, and you agree to comply with all applicable export and import laws and regulations when downloading, accessing, and using the Software. You may not (and will not permit) any third party to remove or export from the United States or permit the export or re-export of any part of the Software or any direct product thereof: (a) to (or to a national or resident of) an embargo or country that supports terrorists; (b) persons on the U.S. Department of Commerce`s or the United States` denied lists of persons, entities, or unverified persons, entities, or unverified. Specially Designated Nationals List and Treasury Department Consolidated Sanctions List (collectively, “prohibited persons”); (c) to a country to which such export or re-export is restricted or prohibited, or for which the Government of the United States or any authority thereof requires an export permit or other official authorization at the time of export or re-export, without first obtaining such authorization or authorization; or (d) otherwise violate any export or import restrictions, laws or regulations of any U.S. or foreign agency. You represent and warrant that you are not located, controlled or a national or resident of such prohibited country in such prohibited country. You also acknowledge that you are not a prohibited person or that you are not in possession, controlled by or acting on behalf of a prohibited person. You agree not to use or provide the Software for any prohibited end-use without prior permission from the United States Government, including support for the proliferation of nuclear, chemical, or biological weapons or missile technologies. 10.
General. Your relationship with Atlassian is that of an independent contractor, not an employee, partner, agent or joint venture partner. You may not assign this Agreement without atlassian`s prior written consent and any attempt to do so will be void. Atlassian may freely assign or transfer this Agreement and/or its rights under this Agreement, in whole or in part. All of your representations and warranties, indemnification obligations, releases and waivers set forth in this Agreement extend to Atlassian affiliates and benefit from them as third party beneficiaries of this Agreement. Atlassian may terminate this Agreement or cease using the Content at any time, with or without notice. Any notice under this Agreement will be sent in writing to the addresses below and will be deemed given upon delivery. Nothing in this Agreement may be waived by the acts, omissions or knowledge of any party or its agents or employees, except in writing expressly waived this provision and signed by a duly authorized representative of the releasing party. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum necessary for this Agreement to remain in full force and effect. This Agreement shall be deemed to have been entered into and construed in accordance with the laws of the State of California and the United States, without regard to their conflict of laws rules. Any action or proceeding arising out of or relating to this Agreement shall be brought in a federal court located in the Northern District of California or in a state court located in San Francisco, California, and each party irrevocably submits to and instead of such courts. Amendments are only effective if they are signed in writing by a representative of the respective parties.
Both parties agree that this Agreement is the complete and exclusive declaration of mutual understanding between the parties and supersedes and supersedes all prior written and oral agreements and communications relating to the subject matter of this Agreement. The word “including” and all similar terms are construed without limitation. 22.5. Entire Agreement. This Agreement constitutes the entire agreement between you and Atlassian with respect to the Software and supersedes all prior or contemporaneous oral or written communications, suggestions and representations between you and Atlassian with respect to the Software or any other subject matter covered by this Agreement. Nothing in any order or other form of business that you use will supersede or supplement the terms of this Agreement, and this document relating to this Agreement will be for administrative purposes only and will have no legal effect. 16. IP Compensation by Atlassian.
If your use of the Software is prohibited (or in our opinion likely), whether by court order or regulation, or if we determine that such action is reasonably necessary to avoid material liability, we may, at our discretion and discretion: (i) acquire the right or license to your continued use of the Software in accordance with this Agreement; (ii) replace software that is substantially functionally similar; or (iii) terminate your right to continue using the Software and refund any royalties you have paid in advance for the use of the Software for the terminated portion of the applicable license term or, in the case of “perpetual” licenses, the reduced license fees you have paid to reflect a linear depreciation of three (3) years from the date of purchase of the license. . . .