A disclaimer of warranties is an extremely important clause in any license agreement. It essentially states that the application is available as is and that the developer or owner is not responsible for making any changes or improvements to better meet the needs or desires of the end user. Be sure to present your EULA at the time someone installs your software. Add clauses that help protect your rights, property and intellectual property, and users. Also add clauses that limit your liability, exclude certain warranties and manage user expectations. Make sure you get clear consent from each user before allowing anyone to complete the installation or configuration. 3.3. Evolution of Cisco Technology. Cisco may: (a) improve or refine a Cloud Service, although Cisco does not significantly reduce the core functionality of that Cloud Service, except as provided in this Section; and (b) perform planned maintenance of the infrastructure and software used to provide a cloud service, during which time there may be disruptions to the cloud service. Whenever possible, Cisco will notify you in advance of such maintenance. You acknowledge that Cisco may require emergency maintenance from time to time without notice, during which time Cisco may temporarily suspend your access to and use of the Cloud Service. 3.7. System Requirements.
You are solely responsible for ensuring that your systems meet the hardware, software and any other system requirements applicable to the Software, as specified in the Documentation. Atlassian assumes no obligation or liability under this Agreement for any problems caused by your use of third-party hardware or software not provided by Atlassian. When a customer downloads your software, they`re essentially copying your work to their personal computer or device. If you want to keep control over how it is used, you must include an EULA in the purchase or download process. If the application or software is to be purchased by the user, they usually have to accept the EULA before paying, which means that there will be no harm if the user does not accept the license agreement. While most of this information can be included in a standard contract, an EULA for software and application developers is more industry-specific and tends to be the preference. 3.6. Open Source Software.
Open source software that is not owned by Cisco is subject to separate license terms, as set forth in www.cisco.com/go/opensource. Applicable open source software licenses do not materially or negatively affect your ability to exercise your rights to use applicable Cisco technology. h. The Licensed Application and related documentation are “commercial elements” within the meaning of 48 C.F.R. §2.101, consisting of “commercial computer software” and “commercial computer software documentation” as these terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. In accordance with 48 C.F.R. §12.212 or 48 C.F.R.
Sections 227.7202-1 through 227.7202-4, commercial computer software, and commercial computer software documentation are licensed to U.S. Government end users (a) only as commercial items and (b) only with the rights granted to all other end users under the terms and conditions contained herein. Unpublished rights reserved under U.S. copyright laws. 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. . . .