Common use of Limited Warranty Warranty Disclaimer Clause in Contracts

Limited Warranty Warranty Disclaimer. Atlassian warrants to Customer that for a period of thirty (30) days from the Effective Date (the “Warranty Period”), the Products will operate in substantial conformity with the Documentation. Atlassian does not warrant that Customer’s use of the Products will be uninterrupted or error-free or that any security mechanisms implemented by the Products will not have inherent limitations. Atlassian’s sole liability (and Customer’s exclusive remedy) for any breach of this warranty will be, in Atlassian’s sole discretion, to use commercially reasonable efforts to provide Customer with an error-correction or work-around which corrects the reported non- conformity, to replace the non-conforming Product with conforming Product, or if Atlassian determines such remedies to be impracticable within a reasonable period of time, to terminate the license to the non-conforming Product and refund the license fee paid under this Agreement for such Product. Atlassian will have no obligation with respect to a warranty claim unless notified of such claim within the Warranty Period. EXCEPT FOR THE FOREGOING, ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” AND ATLASSIAN AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. ATLASSIAN SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF ATLASSIAN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ATLASSIAN NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR SERVICES OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limited Warranty Warranty Disclaimer. Atlassian warrants to Customer that for a period of thirty (30) days from the Effective Date (the “Warranty Period”), the Products will operate in substantial conformity with the Documentation. Atlassian does not warrant that Customer’s use of the Products will be uninterrupted or error-free or that any security mechanisms implemented by the Products will not have inherent limitations. Atlassian’s sole liability (and Customer’s exclusive remedy) for any breach of this warranty will be, in Atlassian’s sole discretion, to use commercially reasonable efforts to provide Customer with an error-correction or work-around which corrects the reported non- conformity, to replace the non-conforming Product with conforming Product, or if Atlassian determines such remedies to be impracticable within a reasonable period of time, to terminate the license to the non-conforming Product and refund the license fee paid under this Agreement for such Product. Atlassian will have no obligation with respect to a warranty claim unless notified of such claim within the Warranty Period. EXCEPT FOR THE FOREGOING, ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” AND ATLASSIAN AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENTNON‐INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. ATLASSIAN SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF ATLASSIAN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ATLASSIAN NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR SERVICES OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREEERROR‐FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limited Warranty Warranty Disclaimer. Atlassian warrants 8.1 TI warrants, only to Customer the Spansion Entity who purchased the applicable Wafers and/or Die, that Wafers and/or Die delivered hereunder shall meet the applicable specifications which are currently in effect or agreed upon in writing by Spansion and TI, for a period of thirty twelve (3012) days months from the Effective Date date of shipment from TI. If, during such twelve (12) month period, Wafers and/or Die fail to meet such warranty TI shall, [*], either replace such defective Wafers and/or Die or credit their purchase price to Spansion Nihon, at Spansion’s option. However, upon termination or expiration of this Agreement, any claims by the “Warranty Period”)applicable Spansion Entity for a warranty remedy [*]. Notwithstanding the foregoing, the Products will operate TI shall not be liable for any defects that are caused by neglect, misuse or mistreatment by an entity other than TI, including improper installation or testing, or for any defects in substantial conformity with the Documentationproducts that have been caused by alteration or modification by an entity other than TI or a party under TI’s control or supervision. Atlassian does . Moreover, TI shall not warrant be liable for any defects that Customerresult from Spansion or Spansion Nihon’s use of the Products will be uninterrupted design, specifications or error-free or instructions for such products. The Parties agree that any security mechanisms implemented by warranty obligations in this Agreement shall only be enforceable against the Products entity who sells the Wafer/Die giving rise to the warranty claim. For instance, TI will not have inherent limitations. Atlassian’s sole liability (and Customer’s exclusive remedy) be liable for any breach of this warranty will beclaims made on Wafers sold by Spansion Japan. 8.2 EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1, in Atlassian’s sole discretionTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, to use commercially reasonable efforts to provide Customer with an error-correction or work-around which corrects the reported non- conformityTI EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, to replace the non-conforming Product with conforming ProductWARRANTIES AND CONDITIONS REGARDING THE PRODUCTS PROVIDED HEREUNDER, or if Atlassian determines such remedies to be impracticable within a reasonable period of timeWHETHER EXPRESS, to terminate the license to the non-conforming Product and refund the license fee paid under this Agreement for such Product. Atlassian will have no obligation with respect to a warranty claim unless notified of such claim within the Warranty Period. EXCEPT FOR THE FOREGOINGIMPLIED OR STATUTORY, ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” AND ATLASSIAN AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND INCLUDING BUT NOT LIMITED TO ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLEMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION TITLE AND NON-INFRINGEMENT OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. ATLASSIAN SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF ATLASSIAN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ATLASSIAN NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATIONRIGHTS. 8.3 Notwithstanding anything in this Agreement or otherwise, WARRANTY OR GUARANTEE AS TO THE RELIABILITYTI grants no warranties or representations to Spansion or Spansion Nihon’s customers hereunder. Unless otherwise agreed by the Parties in writing, TIMELINESSneither Spansion nor Spansion Nihon will pass through to its end users or any third party any warranties or representations made by TI hereunder and will expressly indicate to its customers that they must look solely to Spansion or Spansion Nihon, QUALITYas applicable, SUITABILITYin connection with any problems, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR SERVICES OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSwarranty claims or other matters concerning the products under this Agreement.

Limited Warranty Warranty Disclaimer. Atlassian (a) Elastic warrants to Customer that for (i) during the Term of this Agreement it will perform applicable Support Services in a period of thirty professional, workmanlike manner, consistent with generally accepted industry practice, and in substantial accordance with the Support Services Policy and (30ii) days from the Effective Date applicable Cloud Service will perform or in all material respects in accordance with the applicable end user documentation published at xxxxx://xxx.xxxxxxx.xx/guide/index.html by Elastic (the “Warranty PeriodDocumentation”), . In the Products will operate in substantial conformity with the Documentation. Atlassian does not warrant that Customer’s use event of a breach of the Products will be uninterrupted or error-free or that any security mechanisms implemented by the Products will not have inherent limitations. Atlassianforegoing warranty, Elastic’s sole liability (obligation, and Customer’s Your exclusive remedy) , shall be for Elastic to re-perform the applicable Support Services or correct any breach of this warranty will be, in Atlassian’s sole discretion, to use commercially reasonable efforts to provide Customer with an error-correction or work-around which corrects the reported non- conformity, to replace the non-conforming Product with conforming Productconformity in the Cloud Service, or if Atlassian determines such remedies to be impracticable within a reasonable period of timeas applicable. (b) EXCEPT AS SET FORTH IN SECTION 9(a), to terminate the license to the non-conforming Product and refund the license fee paid under this Agreement for such Product. Atlassian will have no obligation with respect to a warranty claim unless notified of such claim within the Warranty Period. EXCEPT FOR THE FOREGOING, ALL PRODUCTS SUPPORT SERVICES AND SERVICES THE APPLICABLE CLOUD SERVICE ARE PROVIDED “AS IS,” AND ATLASSIAN AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS WITHOUT WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENTAND ELASTIC MAKES NO ADDITIONAL WARRANTIES WHETHER EXPRESSED, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, IMPLIED OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, STATUTORY REGARDING OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED RELATING TO THE SHORTEST PERIOD PERMITTED BY LAW. ATLASSIAN SHALL NOT BE LIABLE FOR DELAYSSUPPORT SERVICES, INTERRUPTIONS, ANY CLOUD SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF ATLASSIANANY MATERIALS FURNISHED OR PROVIDED TO YOU UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, NEITHER ATLASSIAN NOR ANY ELASTIC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATIONMERCHANTABILITY, WARRANTY OR GUARANTEE AS FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE RELIABILITYSUPPORT SERVICES, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY THE CLOUD SERVICE(S) AND ANY MATERIALS FURNISHED OR COMPLETENESS PROVIDED TO YOU UNDER THIS AGREEMENT. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED IN CONNECTION WITH YOUR USE OF ANY PRODUCTS OR THE SUPPORT SERVICES OR APPLICABLE CLOUD SERVICE. YOU UNDERSTAND AND AGREES THAT THE SUPPORT SERVICES OR APPLICABLE CLOUD SERVICE AND ANY CONTENT THEREIN MATERIALS FURNISHED OR GENERATED THEREWITHPROVIDED TO YOU UNDER THIS AGREEMENT ARE NOT DESIGNED OR INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT, WEAPONS SYSTEMS, OR THAT: (A) THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSLIFE SUPPORT SYSTEMS.

Limited Warranty Warranty Disclaimer. Atlassian warrants to Customer that for a period of thirty (30) days from the Effective Date (the “Warranty Period”), the Products FMX will operate in substantial conformity with the Documentation. Atlassian does not warrant that Customer’s use of the Products will be uninterrupted or error-free or that any security mechanisms implemented by the Products will not have inherent limitations. Atlassian’s sole liability (and Customer’s exclusive remedy) for any breach of this warranty will be, in Atlassian’s sole discretion, to use make commercially reasonable efforts to provide Customer make the Services available in a professional manner substantially consistent with an error-correction or work-around which corrects the reported non- conformitylevel of care, to replace the non-conforming Product with conforming Productskill, or if Atlassian determines such remedies to be impracticable within practice and judgment exercised by other professionals in developing and providing Services of a reasonable period of time, to terminate the license to the non-conforming Product and refund the license fee paid similar nature under this Agreement for such Product. Atlassian will have no obligation with respect to a warranty claim unless notified of such claim within the Warranty Periodsimilar circumstances. EXCEPT FOR THE FOREGOINGLIMITED WARRANTY PROVIDED HEREIN, ALL PRODUCTS THE SERVICES AND SERVICES THE FMX IP ARE PROVIDED “AS IS,” AND ATLASSIAN “WHERE IS” AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY WITH ALL FAULTS, AND FMX HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FMX SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLEMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITYTITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIEDTRADE PRACTICE. FMX MAKES NO WARRANTY OF ANY KIND THAT THE FMX IP, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. ATLASSIAN SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE ANY SERVICES OR RESULTS OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF ATLASSIAN. TO THE MAXIMUM EXTENT PERMITTED BY LAWUSE THEREOF, NEITHER ATLASSIAN NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR SERVICES WILL MEET CUSTOMER’S OR ANY CONTENT THEREIN OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WORK WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, OTHER SERVICES, INFORMATIONOR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR OTHER MATERIAL PURCHASED ERROR FREE. IN THE EVENT OF ANY INTERRUPTION NOT PERMITTED BY THIS AGREEMENT, FMX'S SOLE OBLIGATION SHALL BE TO RESTORE ACCESS AS SOON AS REASONABLY POSSIBLE. CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER HAS NOT ENTERED INTO THE AGREEMENT ON THE BASIS OF ANY REPRESENTATIONS OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL PROMISES NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSEXPRESSLY CONTAINED HEREIN.

Limited Warranty Warranty Disclaimer. Atlassian (a) Elastic warrants that (i) during the Term of this Agreement it will perform applicable Support Services in a professional, workmanlike manner, consistent with generally accepted industry practice, and in substantial accordance with the Support Services Policy and (ii) the applicable Cloud Service will perform or in all material respects in accordance with the applicable Documentation. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and Your exclusive remedy, shall be for Elastic to Customer that for a period of thirty re-perform the applicable Support Services or correct any non-conformity in the Cloud Service, as applicable. (30b) days from the Effective Date (the “Warranty Period”EXCEPT AS SET FORTH IN SECTION 9(a), the Products will operate in substantial conformity with the Documentation. Atlassian does not warrant that Customer’s use of the Products will be uninterrupted or error-free or that any security mechanisms implemented by the Products will not have inherent limitations. Atlassian’s sole liability (and Customer’s exclusive remedy) for any breach of this warranty will be, in Atlassian’s sole discretion, to use commercially reasonable efforts to provide Customer with an error-correction or work-around which corrects the reported non- conformity, to replace the non-conforming Product with conforming Product, or if Atlassian determines such remedies to be impracticable within a reasonable period of time, to terminate the license to the non-conforming Product and refund the license fee paid under this Agreement for such Product. Atlassian will have no obligation with respect to a warranty claim unless notified of such claim within the Warranty Period. EXCEPT FOR THE FOREGOING, ALL PRODUCTS SUPPORT SERVICES AND SERVICES THE APPLICABLE CLOUD SERVICE ARE PROVIDED “"AS IS,” AND ATLASSIAN AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS " WITHOUT WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENTAND ELASTIC MAKES NO ADDITIONAL WARRANTIES WHETHER EXPRESSED, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, IMPLIED OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, STATUTORY REGARDING OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED RELATING TO THE SHORTEST PERIOD PERMITTED BY LAW. ATLASSIAN SHALL NOT BE LIABLE FOR DELAYSSUPPORT SERVICES, INTERRUPTIONS, ANY CLOUD SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF ATLASSIANANY MATERIALS FURNISHED OR PROVIDED TO YOU UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY UNDER APPLICABLE LAW, NEITHER ATLASSIAN NOR ANY ELASTIC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATIONMERCHANTABILITY, WARRANTY OR GUARANTEE AS FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE RELIABILITYSUPPORT SERVICES, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY THE CLOUD SERVICE(S) AND ANY MATERIALS FURNISHED OR COMPLETENESS PROVIDED TO YOU UNDER THIS AGREEMENT. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OBTAINED IN CONNECTION WITH YOUR USE OF ANY PRODUCTS OR THE SUPPORT SERVICES OR APPLICABLE CLOUD SERVICE. YOU UNDERSTAND AND AGREES THAT THE SUPPORT SERVICES OR APPLICABLE CLOUD SERVICE AND ANY CONTENT THEREIN MATERIALS FURNISHED OR GENERATED THEREWITHPROVIDED TO YOU UNDER THIS AGREEMENT ARE NOT DESIGNED OR INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT, WEAPONS SYSTEMS, OR THAT: (A) THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSLIFE SUPPORT SYSTEMS.

Limited Warranty Warranty Disclaimer. Atlassian warrants 8.1 TI warrants, only to Customer the Spansion Entity who purchased the applicable Wafers and/or Die, that Wafers and/or Die delivered hereunder shall meet the applicable specifications which are currently in effect or agreed upon in writing by Spansion and TI, for a period of thirty twelve (3012) days months from the Effective Date date of shipment from TI. If, during such twelve (12) month period, Wafers and/or Die fail to meet such warranty TI shall, as the “Warranty Period”)sole and exclusive remedy for such failure, either replace such defective Wafers and/or Die or credit their purchase price to Spansion Nihon, at Spansion’s option. However, upon termination or expiration of this Agreement, any claims by the Products will operate applicable Spansion Entity for a warranty remedy shall be limited to refund and not for a replacement of Wafer and/or Die. Notwithstanding the foregoing, TI shall not be liable for any defects that are caused by neglect, misuse or mistreatment by an entity other than TI, including improper installation or testing, or for any defects in substantial conformity with the Documentationproducts that have been caused by alteration or modification by an entity other than TI or a party under TI’s control or supervision. Atlassian does . Moreover, TI shall not warrant be liable for any defects that Customerresult from Spansion or Spansion Nihon’s use of the Products will be uninterrupted design, specifications or error-free or instructions for such products. The Parties agree that any security mechanisms implemented by warranty obligations in this Agreement shall only be enforceable against the Products entity who sells the Wafer/Die giving rise to the warranty claim. For instance, TI will not have inherent limitations. Atlassian’s sole liability (and Customer’s exclusive remedy) be liable for any breach of this warranty will beclaims made on Wafers sold by Spansion Japan. 8.2 EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1, in Atlassian’s sole discretionTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, to use commercially reasonable efforts to provide Customer with an error-correction or work-around which corrects the reported non- conformityTI EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, to replace the non-conforming Product with conforming ProductWARRANTIES AND CONDITIONS REGARDING THE PRODUCTS PROVIDED HEREUNDER, or if Atlassian determines such remedies to be impracticable within a reasonable period of timeWHETHER EXPRESS, to terminate the license to the non-conforming Product and refund the license fee paid under this Agreement for such Product. Atlassian will have no obligation with respect to a warranty claim unless notified of such claim within the Warranty Period. EXCEPT FOR THE FOREGOINGIMPLIED OR STATUTORY, ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” AND ATLASSIAN AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND INCLUDING BUT NOT LIMITED TO ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLEMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION TITLE AND NON-INFRINGEMENT OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. ATLASSIAN SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF ATLASSIAN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ATLASSIAN NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATIONRIGHTS. 8.3 Notwithstanding anything in this Agreement or otherwise, WARRANTY OR GUARANTEE AS TO THE RELIABILITYTI grants no warranties or representations to Spansion or Spansion Nihon’s customers hereunder. Unless otherwise agreed by the Parties in writing, TIMELINESSneither Spansion nor Spansion Nihon will pass through to its end users or any third party any warranties or representations made by TI hereunder and will expressly indicate to its customers that they must look solely to Spansion or Spansion Nihon, QUALITYas applicable, SUITABILITYin connection with any problems, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR SERVICES OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSwarranty claims or other matters concerning the products under this Agreement.

Limited Warranty Warranty Disclaimer. Atlassian 8.1. Spansion Japan warrants to Customer that Wafers and/or Die delivered hereunder shall meet the applicable specifications which are agreed upon by Spansion and shall be free from defects in material and workmanship under normal use and service for a period of thirty twelve (3012) days months from the Effective Date date of shipment from Spansion Japan. If, during such twelve (12) month period, Spansion notifies Spansion Japan of any defect in Wafers and/or Die subject to the “Warranty Period”)foregoing warranty, Spansion Japan shall either replace such defective Wafers and/or Die or credit their purchase price to Spansion, at Spansion’s option. In addition, if, during the Products eighteen (18) month period following Spansion’s receipt of Wafers and/or Die hereunder, Spansion notifies Spansion Japan of any defect in Wafers and/or Die, Spansion Japan will operate reasonably assist Spansion in substantial conformity connection with the DocumentationSpansion’s compliance with and fulfillment of its warranty policies. Atlassian does not warrant Spansion Japan further warrants that Customer’s its performance of services and use of the Products will be uninterrupted or error-free or that Spansion Japan technology, methods and processes in connection with its performance of its obligations hereunder do not violate any security mechanisms implemented by the Products will not have inherent limitations. Atlassian’s sole liability (and Customer’s exclusive remedy) for any breach of this warranty will be, in Atlassian’s sole discretion, to use commercially reasonable efforts to provide Customer with an error-correction or work-around which corrects the reported non- conformity, to replace the non-conforming Product with conforming Product, or if Atlassian determines such remedies to be impracticable within a reasonable period of time, to terminate the license to the non-conforming Product and refund the license fee paid under this Agreement for such Product. Atlassian will have no obligation with respect to a warranty claim unless notified of such claim within the Warranty Periodthird party Intellectual Property Rights. 8.2. EXCEPT FOR AS EXPRESSLY PROVIDED IN SECTION 8.1, TO THE FOREGOINGMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” AND ATLASSIAN AND ITS SUPPLIERS SPANSION JAPAN EXPRESSLY DISCLAIM ANY AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS CONDITIONS REGARDING THE PRODUCTS PROVIDED HEREUNDER, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLEMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION TITLE AND NON-INFRINGEMENT OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. ATLASSIAN SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF ATLASSIAN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ATLASSIAN NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATIONRIGHTS. 8.3. Spansion Japan grants no warranties to Spansion’s customers hereunder. Unless otherwise agreed by the parties, WARRANTY OR GUARANTEE AS TO THE RELIABILITYSpansion will not pass through to its end users or any third party any warranties or representations made by Spansion Japan hereunder and will expressly indicate to its customers that they must look solely to Spansion in connection with any problems, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR SERVICES OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSwarranty claims or other matters concerning the products.