Case study For the purpose of making the present assignment, the end-user contract of Atlassian has been selected which is a software company of Australia. The company offers its products to software developers and project managers and it has nearly 25,000 customers around the world. Similarly, among the customers of the company, there are some well-known companies like Cisco, Twitter and Audi and at the same time; the company also provides its products to NASA. The headquarters of the company are in Sydney but it also has offices in Amsterdam and San Francisco. The company had nearly 600 employees by the end of the last year.

The contract that has been selected for making the present report is available on the Internet. To deal with the first part of the present assignment, clause 12.4 of the contract of the company has been selected. The reason is that this particular clause is very complicated and at the same time, very complex legal language has been used in this clause. This clause is related with the liability of the parties. As a result, if translated simply, according to this clause, neither party to the contract can be considered as liable under the present contract if such party has not been able to fulfill its obligations that have been imposed on the party by the contract as a result of force majeure (Carter and Harland, 2004). Simply speaking, force majeure is the happening of any unexpected event or an event that is not within the reasonable control of the parties. The result is that clause 12.4 of this contract provides that in case the parties to the contract are not able to fulfill their obligations as a result of force majeure, such parties can be excused from their liability in case, the circumstances that have been mentioned in the clause are there. At this point, it is also important to note that the parties to the present contract cannot be excused from their liability in case such liability is the result of the negligence or malfeasance of the parties themselves. However under some circumstances, the obligations of the parties can be suspended if there are reasons present for this purpose or in some cases, the time that has been given to the parties for fulfilling their obligations can be extended in a particular case.

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