The products are commercial computer software. If the user or licensee of the Products is an agency, department, or other legal entity of the United States Government, the use, reproduction, reproduction, publication, modification, disclosure, or transmission of the Software or any related documentation of any kind, including technical data and manuals, is prohibited by a license agreement or the terms of this Reseller Agreement under the Federal Acquisition Regulation. 12.212 for civilian purposes and the Federal Defence Procurement Regulations. Supplement 227.7202 for military purposes. The products were entirely developed at private expense. Any other use is prohibited. This Reseller Agreement is a separate agreement from atlassian`s agreement with its end users on www.atlassian.com/legal/customer-agreement/ (as amended by Atlassian from time to time, the „Atlassian Customer Agreement”). However, for ease of use and consistency, the definitions of certain terms relating to our products and services (i.e., software, hosted services, products, and authorized users) are the same as in the Atlassian Customer Agreement. These Atlassian Developer Terms (the „Terms”) constitute a binding agreement between Atlassian Pty Ltd (ABN 53 102 443 916) („we”, „us” or „Atlassian”) and the person or entity registering as a developer on the Atlassian Platform („you” or „Developer”). If you are a natural person acting on behalf of your company, organization or other legal entity (e.B.
as an employee) on the Atlassian Platform, „you” or „developer” means the legal entity and you link the legal entity to these Terms. If you do not have such authority or if you do not agree to these Terms, you may not accept these Terms or use the Atlassian Platform. The Atlassian Platform is not intended for and may not be used by anyone under the age of 16. „Developer Guidelines” means the Atlassian Developer Guidelines under developer.atlassian.com/. Unless otherwise noted, references to the Atlassian platform also include the Developer Guidelines. 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. Atlassian Software Applications are considered „Software” for the purposes of this Agreement (unless otherwise specified by Atlassian via Atlassian Marketplace). Third-party applications are not software and remain subject to their own applicable vendor terms.
Your receipt or use of third party products or services is subject to a separate agreement between you and the third party. If you activate or use third-party products or services (including third-party applications as mentioned in Section 4.2 (Marketplace Applications)) with the Software, you acknowledge that third parties may access or use your data to the extent necessary to have their products and services interoperated with the Software. This may include transmitting, transferring, modifying or deleting your data or storing your data on third-party systems or other third-party systems. The use of your data by a third party is subject to the applicable agreement between you and that third party. We are not responsible for the access or use of your information by third parties or their products or services, or for the security or privacy practices of third parties or their products or services. You are solely responsible for your decision to allow a third party or a third party product or service to use your information. It is your responsibility to carefully review the agreement between you and the third party as provided by the relevant third party. ATLASSIAN DISCLAIMS ALL LIABILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICES (WHETHER SUPPORT, AVAILABILITY, SECURITY OR OTHERWISE) OR FOR THE ACTS OR OMISSIONS OF THIRD PARTIES OR SUPPLIERS. This Reseller Agreement constitutes the entire agreement between you and Atlassian with respect to the resale of Atlassian Products as described in this Reseller Agreement and supersedes all prior or contemporaneous oral or written communications, suggestions and representations regarding the Products or other matters covered by this Reseller Agreement. If any provision of this Reseller Agreement is held to be void, invalid, unenforceable or illegal, the remaining provisions shall remain in full force and effect. This Reseller Agreement may only be modified or supplemented as described in Section 11 (Amendments to the Agreement) or otherwise with atlassian`s written consent (which may be withheld in its sole discretion without cause).