Location of the server question

[Berthold Neldner]

1)If our customer purchases licenses under the legal entity “  his firm name”  - is there a restriction where the servers can be hosted?

2)Currently there is no separation between the Atlassian Products (JIRA & Confluence). Could they be seperated with not too much administrative effort?

[Nic Brough -Adaptavist- · Accepted solution]

1) There are no restrictions on the Atlassian side - they've sold you a licence.  Local laws are up to you

2) JIRA and Confluence are independent and separate products, off-the-shelf.  It takes administrative effort to get them to work together (albeit not a lot).

[Berthold Neldner]

Thank you for the quick and informative answer!

Let me ask the first question more detaily to avoid missunderstandings:

To the situation: We are Atlassian Partner and one of our customers purchase licenses under the legal entity “the firm name”  - is there a restriction where the servers can be hosted? E.g. the License is purchased in Germany can the customer deploy in any of customers locations e.g. in Austria or the U.S.?

and a second new question from our customer:

2) Which is the binding Agreement for End Customers? Is it the EULA or the Customer Agreement?

[Nic Brough -Adaptavist-]

It's the same answer.  Restrictions are down to your local laws, the licence does not have restrictions.

The customer agreement is binding for the purchasers of the licence and the users, and the EULA is for the end users.  (In other words, both of them)

[Berthold Neldner]

hi!

i have a new question from our customer to the second topic (EULA or Customer Agreement).

In case of conflicts between the EULA and Customer Agreement (if existent) - which document is valid?

I think, there should not be any conflicts?!?

[Nic Brough -Adaptavist-]

Indeed, they cover different things.

[Berthold Neldner]

The Issue is, our customers lawyer thinks, that he found some conflicts between the two documents

Example: the EULA does not mention affiliates .. Customer agreement does…etc.

Which document has precedence then?

[Nic Brough -Adaptavist-]

I'm not a lawyer, I'd assume the documents themselves would make it clear.

I'd be surprised if there are conflicts though, as Atlassian do have lawyers too.

[Berthold Neldner]

Yeah I think so too!

Sorry to get too much on your nerves but i get new questions to this topic:

If Atlassian changes Customer Agreement and/or EULA – how does the Atlassian Customer notice this? Is there any information service?

[Nic Brough -Adaptavist-]

Ah, this one I know - last time they changed the EULA, it was covered in the release notes for the version (which we're all supposed to read on upgrading!)

[Berthold Neldner]

And what if Atlassian change it in between of 2 versions?

[Nic Brough -Adaptavist-]

Changing it is effectively a code change, so they can't.