“software” refers to Atlassian`s downloadable software (currently referred to as “servers” or “data center” marketed), including mobile applications of these products. Your order indicates the software you can use. In addition to the definition of applicable law, your licensing agreement may contain dispute resolution provisions that extend to mandatory arbitration, voluntary mediation, escalating executive issues within the parties` organizations, or waiving a jury when issues are dealt with through the courts. 12. Confidentiality. Unless otherwise stated in this agreement: Each party accepts that all codes, inventions, know-how and commercial, technical and financial information that are disclosed to the non-partisan party (“receiving party”) by the revealing party (“disclosure party”) constitute the confidential property of the public party (“confidential information”) provided that they are classified as confidential at the time of disclosure or that they are classified as confidential or confidential by the receiving party because of the nature of the information disclosed. All Atlassian technology and any information relating to the performance of the software are considered confidential Atlassian information without marking or other name. Unless expressly authorized, the recipient party (1) will keep confidential information confidential and will not disclose confidential information to third parties and (2) will not use confidential information for any purpose other than the performance of its obligations and the exercise of their rights under this Agreement. The receiving party may disclose confidential information to its staff, representatives, contractors and other agents who have a legitimate need to know, provided that it is bound by confidentiality obligations other than this section 12, and that the receiving party remains responsible for its compliance with the provisions of this section 12.
The receiving party`s confidentiality obligations do not apply to information that the receiving party may document: (i) prior to receipt of confidential information, it was legally in its possession or was known; (ii) whether or so it has become public without fault of the receiving party; (iii) is legally received by the receiving party by a third party without violating the duty of confidentiality; or (iv) regardless of the staff of the receiving party who did not have access to this information.