Atlassian Design Guidelines
License Grant. Subject to the terms of this License Agreement, Atlassian Pty Lty (“Atlassian”) grants you a limited, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Atlassian Design Guidelines (“ADG”) solely in connection with creating, testing, and distributing plugins, extensions, add-ons or other software products or services that interoperate or are integrated with Atlassian’s software and hosted products ( “Add-Ons” ).
License Restrictions. You may not use the ADG for any purpose not expressly permitted by this License Agreement. You may not modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the ADG or any part of the ADG.
IP Ownership in ADG. You agree that Atlassian or third parties own all legal right, title and interest in and to the ADG, including any Intellectual Property Rights that subsist in the ADG. “Intellectual Property Rights” means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. Atlassian reserves all rights not expressly granted to you.
Term and Termination. Atlassian may terminate this Agreement: (a) if you breach any of the terms of this Agreement or (b) if Atlassian ceases to offer ADG generally. You may also terminate this Agreement at any time. Upon termination, your ADG license will end. This means that you must cease using ADG and delete all copies of ADG. From a legal perspective, everything in this Agreement other than your license right will survive this Agreement’s termination. For the avoidance of doubt, you may continue to distribute Add-Ons that you developed under this Agreement prior to termination.
No Warranty. THE ADG IS PROVIDED “AS IS” AND “WITH ALL FAULTS”. ATLASSIAN AND ITS THIRD PARTY LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PURPOSE. ATLASSIAN MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE RELATED TO RELIABILITY, ACCURACY, OR COMPLETENESS OF THE ADG OR THAT YOUR USE OF THE ADG WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE. THE ADG MAY NOT MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Limitation of Liability. IN NO EVENT SHALL ATLASSIAN BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS OR LOST DATA), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. ATLASSIAN SHALL NOT BE LIABLE FOR ANY DAMAGES THAT YOU MAY SUFFER IN CONNECTION WITH FAILURE IN THE PERFORMANCE OF THE ADG. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, ATLASSIAN’S ENTIRE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED FIVE HUNDRED US DOLLARS (\$500). THE ABOVE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUT YOU MAY HAVE OTHER STATUTORY RIGHTS, WHICH THIS AGREEMENT CANNOT CHANGE. The limitations in this Section 6 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Responsibility for your Add-Ons; Indemnificaton. You are solely responsible for your Add-Ons, your use of ADG, and your compliance with this Agreement. You agree to indemnify, defend and hold Atlassian harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of any claim relating to (a) your Add-Ons, (b) your use of the ADG or (c) your breach of this Agreement. Atlassian may participate in defending the claim at its own expense. You may not settle any claim without Atlassian’s prior written consent. If you distribute your Add-Ons to others, you agree to require the end users to agree that Atlassian has no liability, warranty, or support or other obligations related to your Add-Ons.
General. This Agreement will be governed by and construed in accordance with the laws of the State of California, excluding conflicts of law rules and principles. Each party submits to the personal and exclusive jurisdiction of the federal or state courts located in San Francisco County, California. Nothing in this Agreement limits Atlassian’s rights to seek equitable relief.
Last updated: February 3, 2014