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LICENSE
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CLOUDFLARE ACCESS PLUGIN FOR ATLASSIAN LICENSE
Your installation of this software constitutes a symbol of your signature
indicating that you accept the terms of this Cloudflare Access Plugin for
Atlassian License (this “Agreement”). This Agreement is a binding legal
agreement between you and Cloudflare, Inc. (“Cloudflare”) for the Cloudflare
Access Plugin for Atlassian software code made available to you by Cloudflare or
its authorized representative (the “Software”). If you are not accepting this
Agreement as an individual, then “you” means your company, its officers,
members, employees, agents, representatives, successors and assigns.
BY USING THE SOFTWARE, YOU ARE INDICATING THAT YOU HAVE READ, AND AGREE TO BE
BOUND BY, THIS AGREEMENT IN ITS ENTIRETY, WITHOUT LIMITATION OR QUALIFICATION,
AS WELL AS BY ALL APPLICABLE LAWS AND REGULATIONS, AS IF YOU HAD HANDWRITTEN
YOUR NAME ON AND SIGNED THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND
CONDITIONS CONTAINED IN THIS AGREEMENT, YOU MAY NOT USE THE SOFTWARE.
1. GRANT OF RIGHTS
1.1 Grant of License. Subject to the terms and conditions of this
Agreement, Cloudflare hereby grants you a limited, revocable, non-exclusive,
non-sublicensable, and non-transferable copyright license to install and use the
Software in connection with Cloudflare’s cloud-based solutions (the “License”).
For any elements of the Software provided to you in source code, you may modify
such source code solely to the extent necessary to support your permitted use of
the Software (collectively, “Modifications”); provided, that in no event may you
create Modifications for use with products or services other than those provided
to you by or on behalf of Cloudflare, and you agree to indemnify, defend and
hold Cloudflare harmless from and against any and all claims, costs, damages,
notices affixed to, distributed with or associated with the Software. Except for
the rights and licenses explicitly granted herein, as between you and
Cloudflare, Cloudflare and/or its licensors own and shall retain all right,
title, and interest in and to the Software, including any and all technology
embodied therein, including all copyrights, patents, trade secrets, trade dress
and other proprietary rights associated therewith, and any derivative works
created therefrom.
2. DISCLAIMER; NO WARRANTIES
THE SOFTWARE IS MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITH THE EXPRESS UNDERSTANDING THAT CLOUDFLARE HAS NO OBLIGATION TO MONITOR,
CONTROL, OR VET THE SOFTWARE. AS SUCH, YOUR USE OF THE SOFTWARE IS AT YOUR OWN
DISCRETION AND RISK. CLOUDFLARE MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY,
ACCURACY, OR RELIABILITY OF THE SOFTWARE, ITS SAFETY OR SECURITY. ACCORDINGLY,
CLOUDFLARE IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR
EXAMPLE, FROM THE SOFTWARE'S INOPERABILITY, UNAVAILABILITY OR SECURITY
VULNERABILITIES. ACCORDINGLY, TO THE EXTENT PERMISSIBLE UNDER APPLCIABLE LAW,
CLOUDFLARE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND
AGREE THAT CLOUDFLARE IS NOT OBLIGATED TO PROVIDE YOU WITH SUPPORT FOR THE
SOFTWARE OR CORRECT ANY BUGS, DEFECTS, OR ERRORS IN THE SOFTWARE.
3. LIMITATION OF LIABILITY
IN NO EVENT WILL CLOUDFLARE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF
OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE
SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CLOUDFLARE HAS BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGE.
4. TERM AND TERMINATION
This Agreement shall be effective upon download or installation of the Software
by you, and shall continue until terminated in accordance with this Section 4.
This Agreement may be terminated by Cloudflare if you are in material breach of
this Agreement or any other agreement between you and Cloudflare or its
authorized representative (a “Related Agreement”), including, without
limitation, if you fail to pay any amounts due to Cloudflare under a Related
Agreement, or if all Related Agreements are terminated or expired. Upon the
termination of this Agreement for any reason all license rights granted
hereunder shall terminate immediately.
5. MISCELLANEOUS
Cloudflare may modify this Agreement upon written notice to you. No failure or
delay by either party in exercising any right, power, or remedy under this
Agreement, except as specifically provided herein, shall operate as a waiver of
any such right, power or remedy. This Agreement shall be governed by the laws of
the State of California, without giving effect to any conflicts of laws
principles that require the application of the law of a different jurisdiction,
and excluding the United Nations Convention on Contracts for the International
Sale of Goods. The parties to this Agreement are independent contractors.
Neither party shall be deemed to be an employee, agent, partner or legal
representative of the other for any purpose and neither shall have any right,
power or authority to create any obligation or responsibility on behalf of the
other. If any provision of this Agreement is held by a court of competent
jurisdiction to be contrary to law, such provision shall be changed and
interpreted so as to best accomplish the objectives of the original provision to
the fullest extent allowed by law, and the remaining provisions of this
Agreement shall remain in full force and effect. This Agreement constitutes the
final, complete and exclusive agreement between you and Cloudflare with respect
to the License and the Software, and supersedes all previous written and oral
agreements and communications related thereto.
Last Updated: October 1, 2018