...
“Scope of Use” means the extent to which you may use the App as may be specified in the ordering documentation, which includes, as applicable: (i) the number and types of End Users, (ii) storage or capacity (for Cloud Apps), (iii) numbers of licenses, copies or instances (for Software Apps), (iv) domain(s) associated with your use of Cloud Products (for Cloud Apps), (v) entity, division, business unit, website, field of use or other restrictions or billable units (for Software Apps), (vi) term or subscription period, (vii) scope of the App's background service usage, and (viii) other conditions, limitations or restrictions.
...
“SLA” means terms and conditions that define the support level for an App as may be provided at Support.
“Third-Party Services” means software platforms, services, plug-ins, applications, components developed and/or provided by Atlassian (e.g. the Atlassian Marketplace, Atlassian Products, etc.) or by other Atlassian vendors and software developers.
...
i. for paid Apps - according to (a) the Scope of Use, (b) the license terms and conditions contained in the “Pricing” section of the App Page, (c) the scope and limits of the App's background service usage contained in the “Background service usage” section section and (c) Documentation;
ii. for free Apps – according to the terms specified in Documentation.
...
License is granted subject to the condition that you must ensure the maximum number of End Users that are able to simultaneously access and use the App is less or equal to the number of End Users for which the necessary fees have been paid. The maximum number of the End Users will be determined by the license tier you have chosen when ordering the App. the App and within the scope and limits of the App`s Background Service Usage.
You acknowledge that the App will only function if its license tier matches the tier of the Atlassian Product the App is used with.
...
Only End Users may access and use the App. The App may allow you to designate various types of End Users, in which case their access rights may vary according to the type of End User.
The usage of the App's background service App`s Background Service Usage may be subject to limits as designated by us from time to time at the “Background service usage” section.
...
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE APP, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. NEITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OR CAUSE OF ACTION, THE TOTAL AMOUNT ACTUALLY RECEIVED BY US UNDER THIS AGREEMENT FOR YOUR USE OF THE APP DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE IN WHICH THE CLAIM AROSE. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, OUR AGGREGATE LIABILITY TO YOU IN RESPECT OF A FREE APP SHALL BE US$20. THIS SECTION SHALL NOT APPLY TO EITHER PARTY’S EXPRESS INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT, OR TO YOUR BREACH OF THE LICENSE RESTRICTIONS. The parties agree that the limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
...
Indemnification by Us. We agree to indemnify, defend and hold harmless you, your Affiliates, officers, directors, employees and agents from and against any and all claims, costs, liabilities, expenses, losses, damages, suits, judgments, and attorney's fees, of every kind and nature, arising from or relating to infringement of any third-party patent, copyright or trademark, or misappropriation of any third-party trade secret, by your use of the paid App up to the amount actually received by us under this agreement for your use of the App during the six (6) months immediately preceding the date in which the claim arose. Our indemnification obligations above do not apply: (i) if the total aggregate fees we receive with respect to your subscription or license to the App in the twelve (12) month period immediately preceding the claim is less than US$25,000; (ii) if the App is modified by any party other than us, but solely to the extent the alleged infringement is caused by such modification; (iii) in case of unauthorized use of the App; (iv) to any claim arising as a result of Your Data or circumstances covered by your indemnification obligations in subsection “Indemnification by You”; or (v) if you settle or make any admissions with respect to a claim without our prior written consent. This subsection sets forth our sole liability and your exclusive remedy with respect to third party claims of intellectual property rights infringement in connection with any App.
...