16. Exemption of Ip by Atlassian. We will defend you against all claims filed against you by a third party who claims that the software, if used in accordance with this agreement, violates patents, copyrights or trademarks of third parties or diverts any third-party business secrets that apply in a jurisdiction signed by the Berne Convention (a « claim »), and we will keep you free from any damage and cost that is ultimately attributed by a competent court. by a tally by Atlassian (including reasonable legal fees) provided we have received from you: (a) an immediate written notification of the request (but at least in a timely manner so that we can react without prejudice); (b) appropriate assistance to the defence and review of the claim, including the provision of a copy of the claim, all relevant evidence in your possession, retention or control, as well as cooperation with evidentiment investigations, litigation and court proceedings, including the provision of witnesses as part of your work or control process; and (c) the exclusive right to control and direct the investigation, defence and settlement of the claim, if any. If your use of the Software (or, in our view, probable) is requested, either by court order or by transaction, or if we find that such acts are reasonably necessary to avoid essential liability, we may, at our discretion and discretion, obtain the right or license for your continued use of the Software in accordance with this agreement; (ii) essentially replace software of the same nature functionally; or (iii) your right to continue to use, terminate the Software and refund all your rights for the use of the Software for the portion of the current licence term or, in the case of an « unlimited » license, the fee you paid, which will be reduced to reflect a direct amortization of three (3) years from the date of purchase of the license. Atlassian`s compensation obligations mentioned above do not apply: (1) if the total fees received by Atlassian for your software license in the 12th (12th) months immediately preceding the fee are less than $50,000; (2) if the software is modified by a party other than Atlassian, but only to the extent that the alleged violation is caused by such a change; (3) when the software is used in combination with a non-atlas product, software, service or equipment, but only to the extent that the alleged violation is caused by such a combination; (4) unauthorized use of the software; (5) any claim arising from (y) circumstances covered by your compensation obligations in Section 3.8 (Compensation by You) or (z) third-party benefits or components contained in the software; (6) to any unseeded version of the software; or (7) if you charge or pre-write agreement from Atlassian on a claim.
