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<!-- 1.4 -->
<!-- 2021-09-22 -->
<!-- 2.0 -->
<!-- 2025-04-10 -->
<head>
<meta charset="UTF-8">
<meta charset="UTF-8">
</head>
<div class="licenseContent">
<h1>JETBRAINS USER AGREEMENT</h1>
<p>
<strong>Version 1.4, effective as of September 22, 2021</strong>
</p>
<p style="text-align: center;">IMPORTANT! READ CAREFULLY:</p>
<p>
THIS IS A LEGAL AGREEMENT. BY CLICKING ON THE “I AGREE” (OR SIMILAR) BUTTON THAT IS PRESENTED TO YOU AT THE TIME
OF YOUR FIRST USE OF THE JETBRAINS SOFTWARE, SUPPORT, OR PRODUCTS, YOU BECOME A PARTY TO THIS AGREEMENT, YOU
DECLARE YOU HAVE THE LEGAL CAPACITY TO ENTER INTO SUCH AGREEMENT, AND YOU CONSENT TO BE BOUND BY ALL THE TERMS
AND CONDITIONS SET FORTH BELOW.
</p>
<h2>1. PARTIES</h2>
<p>
1.1. “JetBrains” or “we” means JetBrains s.r.o., having its principal place of business at Na Hrebenech II
1718/10, Prague, 14000, Czech Republic, registered in the Commercial Register maintained by the Municipal Court
of Prague, Section C, File 86211, ID No.: 265 02 275.
</p>
<p>
1.2. “Product Holder” means the sole proprietor or legal entity specified in the Subscription Confirmation. For
legal entities, “Product Holder” includes any entity which controls, is controlled by, or is under common
control with Product Holder. For the purposes of this definition, “control” means (i) the power, directly or
indirectly, to direct or manage such entity, whether by contract or otherwise, or (ii) ownership of fifty
percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
</p>
<p>
1.3. “User” or “you” means the individual given the right to use a Product in accordance with this Agreement.
For the avoidance of doubt, User is a natural person and not a corporation, company, partnership or association,
or other entity or organization.
</p>
<h2>2. DEFINITIONS</h2>
<h1 id="jetbrains-user-agreement"><strong>JETBRAINS USER
AGREEMENT</strong></h1>
<p><strong>Version 2.0, effective as of April 10, 2025</strong></p>
<p>THIS IS A LEGAL AGREEMENT. BY CLICKING ON THE “I AGREE” (OR SIMILAR)
BUTTON THAT IS PRESENTED TO YOU AT THE TIME OF INSTALLATION, OR BY
DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR DEVICE, OR OTHERWISE
USING THE JETBRAINS PRODUCT, YOU BECOME A PARTY TO THIS AGREEMENT, YOU
DECLARE YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT, AND
YOU CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS.</p>
<h2 id="introduction"><strong>1. Introduction</strong></h2>
<p>This JetBrains User Agreement (“<strong>Agreement</strong>”) is
entered into between JetBrains s.r.o., a company with its registered
office at Na hřebenech II 1718/8, Nusle, 140 00 Prague 4, Czech
Republic, Corporate Identification No.: 265 02 275, registered in the
Commercial Register maintained by the Municipal Court in Prague, Section
C, File No. 86211 (“<strong>JetBrains</strong>”, “<strong>We</strong>”,
or “<strong>Us</strong>”) and You, an individual or a legal entity that
you represent (“<strong>You</strong>”). If You accept this Agreement on
behalf of a legal entity, You confirm that You are authorized to enter
into agreements on behalf of that legal entity.</p>
<h2 id="definitions"><strong>2. Definitions</strong></h2>
<p>“<strong>Documentation</strong>” means the latest versions of all
online Product technical documentation, including the description of the
main features of the Product available at <a
href="https://www.jetbrains.com/help/">https://www.jetbrains.com/help/</a>,
or other documentation available at JetBrains Website.</p>
<p>“<strong>JetBrains Website</strong>” means the website at <a
href="https://www.jetbrains.com/">https://www.jetbrains.com/</a> and any
other website operated by Us.</p>
<p>“<strong>Machine</strong>” means a computing device used by You for
running the Product.</p>
<p>“<strong>Product</strong>” means JetBrains software licensed to You
under this Agreement.</p>
<p>“<strong>Redistributable Product</strong>” means an independent
module of a Product (or a standalone JetBrains development tool
distributed together with the Product) designated by Us as
‘Redistributable’ in its name or in its official description, such as a
software development kit (SDK), application programming interface (API),
or command-line tool application (CLT).</p>
<p>“<strong>Third-Party Software</strong>” means any third-party
software program that is owned or licensed by someone other than Us.</p>
<p>“<strong>Trial Period</strong>” means the period following the
installation of the Product (any subsequent period determined by Us) for
which We make the Product available to You for limited testing without
the need for any subscription. The length of the Trial Period is
described for each Product on the JetBrains Website.</p>
<h2 id="license-subscription-and-your-responsibilities"><strong>3.
License, Subscription, and Your Responsibilities</strong></h2>
<p><strong>3.1. License.</strong> You may install the Product on Your
Machine free of charge and use it as described in Section 3 as long as
You comply with this Agreement. This license is provided as worldwide,
non-exclusive, non-transferable, non-sublicensable, and royalty-free for
the term of this Agreement.</p>
<p><strong>3.2. Free Use.</strong> Following the installation, You may
use the Product for free for any commercial or non-commercial
purposes:</p>
<ol type="a">
<li><p>during the Trial Period; and</p></li>
<li><p>if the Product supports a freemium mode, also after the end of
the Trial Period in the freemium mode (in which only some features might
be available), always subject to the terms of this Agreement.</p></li>
</ol>
<p><strong>3.3. Subscriptions</strong>. If You want to use the Product
after the Trial Period (or use all features of the Product that supports
freemium mode), You must create a JetBrains Account and obtain a
subscription. Further use of the Product under the subscription will be
governed by separate legal terms published on the JetBrains Website.</p>
<p><strong>3.4. Updates.</strong> We may issue from time to time updates
of the Product in the form of a higher Product version. These updates
may change the Product features, and if You install the newer version of
the Product, You agree with these changes and acknowledge that updates
are subject to the terms of this Agreement unless agreed otherwise in
this Agreement.</p>
<p><strong>3.5. Restrictions</strong>. Without Our express written
permission (or unless this right is granted by applicable law), You may
not:</p>
<ol type="a">
<li><p>use the Product or its features in a manner contrary to this
Agreement or applicable laws;</p></li>
<li><p>reverse-engineer, disassemble, or decompile the Product, or parts
thereof, or try to derive the source code of the Product in any
way;</p></li>
<li><p>modify, alter, adapt, translate, enhance, tamper with, repair, or
otherwise create derivative works of the Product or any part
thereof;</p></li>
<li><p>sell, rent, lease, sublease, license, sublicense, lend,
time-share, transfer, assign, provide the use of, or otherwise provide
the Product or access to the Product to any third party, whether in
whole or in part;</p></li>
<li><p>use, or try to use the Product in a way that avoids incurring
fees, including overcoming technical restrictions, security protection,
or authentication methods applicable after the Trial Period;</p></li>
<li><p>access the Product in order to build a similar or competitive
product or service, as well as copy any ideas, features, functions, or
graphics of the Product or any part thereof.</p></li>
</ol>
<p><strong>3.6. Redistributable Products</strong>. If the Product is
distributed together with a Redistributable Product, according to the
Documentation, We license the Redistributable Product to You under a
separate license agreement published at <a
href="https://www.jetbrains.com/legal/">https://www.jetbrains.com/legal/</a>.</p>
<h2 id="intellectual-property-rights-and-ownership"><strong>4.
Intellectual Property Rights and Ownership</strong></h2>
<p><strong>4.1. Our Rights.</strong> All intellectual property rights or
other proprietary rights to the Product are retained by Us or our
licensors. This includes all Product-related copyrights, trademarks,
patents, and other registered or unregistered intellectual property.
With the exception of the license granted to You under this Agreement,
nothing in this Agreement grants, by implication or otherwise, to You or
any third party any intellectual property rights or other right, title,
or interest in or to the Product or any other intellectual property.</p>
<p><strong>4.2. You Own Your Data.</strong> You retain ownership of all
proprietary and intellectual property rights to data that You transfer
to or create in the Product. This means that We never own any of Your
data.</p>
<p><strong>4.3. Feedback.</strong> To the extent You provide any ideas,
suggestions, recommendations, proposals, or other feedback to the
Product, You give Us the right to use, change, commercialize, and
incorporate any of it into the Product. You cannot withdraw this
permission after it is given (it is irrevocable), and it is perpetual.
You acknowledge that We are not required to pay a fee for this feedback
and that We can transfer and give similar rights to Your feedback to
anyone else worldwide.</p>
<p><strong>4.4. Third-Party Software.</strong> You understand that the
Product integrates Third-Party Software and that by using the Product
You might be using Third-Party Software. This Third-Party Software is
provided to You on the terms and conditions of the respective
Third-Party Software, and You need to comply with those terms and
conditions, which are available at <a
href="https://www.jetbrains.com/legal/third-party-software/">https://www.jetbrains.com/legal/third-party-software</a>
or in the Documentation. Nothing in this Agreement limits Your right to
use Third-Party Software under those applicable terms and
conditions.</p>
<p><strong>4.5. Artificial Intelligence Powered Features</strong>. The
Product may include certain features leveraging artificial intelligence
(“<strong>AI Features</strong>”) as described in the Documentation.
These native AI Features are installed on Your Machine, and do not send
Your data to Us or any third-party AI service providers. When You use
these native AI Features, any content created by them will also be
considered Your data. You will be solely responsible for its use, and We
will claim no right to, title to, or interest in it. You acknowledge
that the content generated by the native AI Features is a non-exclusive
response to Your input to these AI Features, and thus, the same or
similar content can also be generated for other users who share similar
input in the same context.</p>
<h2 id="access-and-your-data"><strong>5. Access and Your
Data</strong></h2>
<p>We do not see or have access to Your data in the Product by default.
However, some plugins or services used in combination with the Product
can allow access to Us or to third parties. It is Your responsibility to
become familiar with the terms of these additional plugins or services
and set the appropriate level of access to Your data. Any content or
data downloaded or otherwise obtained through Your use of the Products
are acquired at Your own risk.</p>
<h2 id="warranty-limitation"><strong>6. Warranty
Limitation</strong></h2>
<p><strong>6.1. No Expressed Warranty</strong>. The Product is licensed
to You on an “as is” and “as available” basis. This means that You agree
to use it at Your own risk, and We make no express warranty as to the
Products use or performance and do not represent or warrant that in any
way that the Product:</p>
<ol type="a">
<li><p>is accurate, reliable, or correct;</p></li>
<li><p>will meet Your requirements;</p></li>
<li><p>will be available at any particular time or location,
uninterrupted, or secure;</p></li>
<li><p>is free of defects or errors and that any, if found, will be
corrected; and/or</p></li>
<li><p>is free of viruses or other harmful components.</p></li>
</ol>
<p><strong>6.2. Disclaimer of Warranties</strong>. To the maximum extent
permitted by applicable law, We disclaim all warranties and conditions,
whether express or implied (including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose, title,
and non-infringement) with regard to the Product and the provision of
any related support, updates, or upgrades.</p>
<p><strong>6.3. No Rights from Defective Performance.</strong> As the
Product is provided free of charge, to the maximum extent permitted by
applicable law, You acknowledge that You have no rights from defective
performance, and You waive all statutory rights arising from defective
performance.</p>
<h2 id="disclaimer-of-damages"><strong>7. Disclaimer of
Damages</strong></h2>
<p><strong>7.1. Exclusion of Damages.</strong> To the maximum extent
permitted by applicable law, in no event will We be liable to You, Your
affiliates, users, or anyone else for</p>
<ol type="a">
<li><p>any special, incidental, indirect, consequential, exemplary, or
punitive damages whatsoever, including for lost profit;</p></li>
<li><p>any loss of use, data, goodwill, or profits, whether or not
foreseeable; and</p></li>
<li><p>any loss or damages in connection with the termination or
suspension of Your access to the Product in accordance with this
Agreement;</p></li>
</ol>
<p>and You waive a right to claim compensation for any such loss or
damage.</p>
<p><strong>7.2. Limitation of Liability.</strong> Our total liability in
all matters arising out of or in relation to this Agreement is limited
to the greater of ten (10) U.S. dollars or the aggregate amount paid or
payable by You under this Agreement during the three-month period
preceding the event giving rise to the liability, and You waive a right
to claim compensation for any excess loss or damage. This limitation
will apply even if We have been advised of the possibility of liability
exceeding such an amount and notwithstanding any failure of the
essential purpose of any limited remedy. This limitation will not apply
to cases when the liability cannot be limited by the applicable law.</p>
<h2 id="term-termination-and-withdrawal"><strong>8. Term, Termination,
and Withdrawal</strong></h2>
<p><strong>8.1. Term.</strong> This Agreement will commence upon
acceptance of this Agreement by You, and it will continue for an
indefinite period, until it is terminated by either party according to
this Agreement or applicable law.</p>
<p><strong>8.2. Termination.</strong> We may terminate this Agreement by
a notice sent to You in email or otherwise in writing if:</p>
<ol type="a">
<li><p>You materially breached this Agreement and failed to remedy the
breach within thirty (30) days of written notice;</p></li>
<li><p>We are required to do so by law (for example, where the provision
of the Product is, or becomes, unlawful); or</p></li>
<li><p>We elect to discontinue providing the Product, in whole or in
part; in this case, We will send the notice at least thirty (30) days
before the termination.</p></li>
</ol>
<p><strong>8.3. Withdrawal.</strong> You have the right to cease using
the Product and withdraw from this Agreement at any time without
providing any reason. In such case, You must uninstall and cease using
the Product.</p>
<h2 id="export-control-laws"><strong>9. Export Control
Laws</strong></h2>
<p><strong>9.1. Export Control Compliance</strong>. You must comply with
all applicable laws and regulations with regard to economic sanctions,
export controls, import regulations, restrictive measures, and trade
embargoes (all herein referred to as “<strong>Sanctions</strong>”),
including those of the European Union and the United States. You declare
and warrant that You are not a person targeted by Sanctions, nor You are
otherwise owned or controlled by or acting on behalf of any entity or
person targeted by Sanctions. You agree that You will not download or
otherwise export or re-export the Product or any related technical data
directly or indirectly to any person targeted by Sanctions or download
or otherwise use the Product for any end use prohibited or restricted by
Sanctions.</p>
<p><strong>9.2. Reporting of Non-Compliance.</strong> You must
immediately report any concerns of non-compliance regarding Sanctions to
<a href="mailto:compliance@jetbrains.com">compliance@jetbrains.com</a>
and cooperate with Us in Our efforts to verify and ensure compliance
with Sanctions.</p>
<h2 id="miscellaneous"><strong>10. Miscellaneous</strong></h2>
<p><strong>10.1. Reservation of Rights</strong>. We reserve the right at
any time to cease Our support of the Product and to alter prices,
features, specifications, capabilities, functions, terms of use, release
dates, general availability, and other characteristics of the
Product.</p>
<p><strong>10.2. Severability</strong>. If any provision of this
Agreement is or becomes invalid, illegal, or unenforceable, it shall be
deemed deleted, but that shall not affect the validity and
enforceability of any other provision of this Agreement.</p>
<p><strong>10.3. Changes.</strong> From time to time, We may ask You to
accept the updated version of this Agreement (“<strong>Updated
Agreement</strong>”) in connection with new versions, features, updates,
enhancements, or other changes to the Product or how We offer the
Product to users. We will notify You about the Updated Agreement either
by displaying it to You in the Product, in Your JetBrains Account, or by
sending the Updated Agreement to the email address used in Your
JetBrains Account. By accepting the Updated Agreement or by continuing
to use the Product after the effective date specified in the
notification, You agree to be bound by the Updated Agreement instead of
this Agreement. We respect that You may not agree to the Updated
Agreement. If that is the case, You can withdraw from this Agreement
before the effective date of the change by uninstalling the Product
according to Section 8.3.</p>
<p><strong>10.4. No Waiver</strong>. Our failure to enforce or exercise
any part of this Agreement is not a waiver of the respective
Section.</p>
<p><strong>10.5. No Assignment.</strong> You may not assign or otherwise
transfer any right or obligation under this Agreement or this Agreement
itself to a third party without Our prior written consent.</p>
<p><strong>10.6. Entire Agreement.</strong> This Agreement constitutes
the entire agreement between You and Us in relation to its subject
matter and replaces and supersedes all prior agreements, representation,
understandings, and undertakings of any nature made, whether oral or
written, in relation to that subject matter.</p>
<p><strong>10.7. Governing Law and Disputes Resolution</strong>. This
Agreement is governed by the laws of the Czech Republic, without
reference to conflict of laws principles and specifically excluding the
United Nations Convention on Contracts for the International Sale of
Goods. Any disputes arising out of or in connection with this Agreement
will be finally resolved by a competent court of the Czech Republic
having territorial jurisdiction based on Our registered office at the
moment of the conclusion of this Agreement unless provided otherwise by
applicable consumer laws.</p>
<p><strong>10.8.</strong> <strong>Personal Data</strong>. If We receive
any personal data from You or Your users in connection with the use of
the Product, We will process it as described in JetBrains’ Privacy
Notice available at <a
href="https://www.jetbrains.com/company/privacy.html">https://www.jetbrains.com/company/privacy.html</a>.</p>
<p><strong>10.9. Consumer Protection</strong>. If You are a consumer,
You may have certain rights, which may not be limited or excluded and
which may vary from jurisdiction to jurisdiction. In the extent to which
the exclusions or limitations in this Agreement are not legally
permitted, such provisions shall not apply to You. This shall in no way
affect the validity or the applicability of the remaining provisions of
this Agreement. If You are a consumer, You may further have a right to
raise a complaint with a supervisory authority or settle a dispute out
of court through the extrajudicial dispute resolution entity. For more
information, depending on Your country, please visit <a
href="https://www.jetbrains.com/legal">https://www.jetbrains.com/legal</a>.</p>
<p>For further information, please contact us at <a
href="mailto:legal@jetbrains.com">legal@jetbrains.com</a>.</p>
<p>
2.1. “Affiliate” means, with respect to any party, any entity that directly, or indirectly through one or more
intermediaries, controls, is controlled by, or is under common control of such party; “control” for such
purposes means the possession, direct or indirect, of the power to direct or affect the direction of the
management and policies of a person or entity, whether through the ownership of voting securities, by contract,
or otherwise.
</p>
<p>
2.2. “Agreement” means this JetBrains User Agreement covering use of the Product by individual Users.
</p>
<p>
2.3. “Bug Fix Update” for a particular Product Version means a software update or release that is specifically
identified by JetBrains as a bug fix for that Product Version.
</p>
<p>
2.4. “Fallback Date” means the date 12 months prior to the expiration date of the Subscription.
</p>
<p>
2.5. “Fallback Version” means the most recent Product Version that JetBrains made available for public purchase
prior to the Fallback Date, along with any Bug Fix Updates for that Product Version. The Fallback Version does
not include any Product updates or upgrades other than Bug Fix Updates that User may have used in the period
between the Fallback Date and the expiration date of User’s Subscription. For more information, see our FAQ
available at <a href="https://sales.jetbrains.com/hc/en-gb">https://sales.jetbrains.com/hc/en-gb</a>.
</p>
<p>
2.6. “JetBrains Account” or “JBA” means an account at <a href="https://account.jetbrains.com">https://account.jetbrains.com</a>
created by User, having a unique name and password, and enabling User to manage Subscription administration
and/or access Products.
</p>
<p>
2.7. “JetBrains Website” means any website that is the property of JetBrains, including but not limited to
everything hosted under the top-level domains <span style="text-decoration:underline;">jetbrains.com</span>,
<span style="text-decoration:underline;">jetbrains.net</span>, <span style="text-decoration:underline;">jetbrains.org</span>,
<span style="text-decoration:underline;">jetbrains.ru</span>, <span style="text-decoration:underline;">jetbrains.team</span>,
<span style="text-decoration:underline;">intellij.net</span>,
<span style="text-decoration:underline;">kotl.in</span>, and <span style="text-decoration:underline;">kotlinlang.org</span>.
</p>
<p>
2.8. “Machine” means a computing device used by a User for running the Product.
</p>
<p>
2.9. “Personal Data” means any information relating to an identified or identifiable natural person.
</p>
<p>
2.10. “Privacy Policy” means the JetBrains Privacy Policy available at
<a href="https://www.jetbrains.com/legal/docs/privacy/privacy.html">https://www.jetbrains.com/legal/docs/privacy/privacy.html</a>,
which may be updated from time to time.
</p>
<p>
2.11. “Product” means any generally available JetBrains software intended for mass distribution which may be
designated by JetBrains as part of the JetBrains Toolbox on the JetBrains Website. “Product” does not include
JetBrains ‘Team Tools’ software and services such as Space, Code With Me, YouTrack, TeamCity, Upsource,
Datalore, Hub, or any other software, services, or products that are, in JetBrains’ sole discretion, subject to
different terms and conditions. JetBrains does not develop Products according to Customer’s specifications, nor
are Products customized through modification or personalization.
</p>
<p>
2.12. “Product Version” means a release, update, or upgrade of a particular Product that is not identified by
JetBrains as being made for the purpose of fixing software bugs.
</p>
<p>
2.13. “Redistributable Product” means an independent module of a Product or a standalone JetBrains development
tool designated by JetBrains as “Redistributable” in its name or in its official description, such as a Software
Development Kit (SDK), Application Programming Interface (API), or Command Line Tool application (CLT), and
which may be subject to additional terms.
</p>
<p>
2.14. “Subscription” specifies the subscription term, Products provided to Customer, subscription fees, and
payment schedules. Subscriptions do not apply to Redistributable Products.
</p>
<p>
2.15. “Subscription Confirmation” means an email confirming Product Holder’s rights to access and use Products
(excluding Redistributable Products), including Subscription plans, and stating the applicable use limitations
for the Product (such as, for example, the number of Users and the license period).
</p>
<h2>3. GRANT OF RIGHTS</h2>
<p>
3.1. The Product is provided to Product Holder on a ‘per user’ basis, where Product Holder must assign a
Subscription to a specific User who may deploy the Product on multiple Machines in accordance with the Product
documentation. If the Product is accessed via a Floating License Server (as described in Section 6.3), the
Product is provided to User on a ‘per machine’ basis, where the Floating License Server allocates the
Subscription to a specific Machine that can only be used by one User at a time. If Product Holder and User
comply with the terms of this Agreement, JetBrains grants to Product Holder and User the rights set out in this
Section 3 to the extent necessary to enable Product Holder and User to effectively use the Product. All other
rights remain reserved by JetBrains.
</p>
<p>
3.2. Unless the Subscription has expired or this Agreement is terminated in accordance with Section 13, and
subject to the terms and conditions specified in this Agreement, JetBrains grants you the non-exclusive and
non-transferable right to use each Product covered by the Subscription as stipulated below:
</p>
<p>
(A) You may:
</p>
<p>
(i) install and use any version of the Product covered by the Subscription on any operating system supported by
the Product; and
</p>
<p>
(ii) make one copy of the Product solely for archival, security, and/or backup purposes.
</p>
<p>
(B) You may not:
</p>
<p>
(i) allow the same Subscription to be used concurrently by more than one (1) User, unless the Product is
provided to Product Holder via a Floating License Server as specified in Section 6.3(C);
</p>
<p>
(ii) rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the
Product;
</p>
<p>
(iii) provide a third party with access to the Product or your JetBrains Account, or the right to use the
Product;
</p>
<p>
(iv) reverse-engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source
code of, the Product; or
</p>
<p>
(v) remove or obscure any proprietary or other notices contained in the Product.
</p>
<p>
3.3. Section 3.2 also applies to Products not covered by the Subscription, with the exception of 3.2(B)(i);
provided, that for Products governed by their own specific agreements or terms of use, those shall take
precedence over this Agreement to the extent of any conflict or discrepancy.
</p>
<p>
3.4. Following the expiration of this Agreement, you may be granted access to the Fallback Version of a Product
covered by the Subscription of the Product Holder. In that case, the rights stipulated in Section 3.1(A) shall
continue on a perpetual, royalty-free, non-exclusive, and non-transferable basis for the continued use of a
Fallback Version of each Product covered by the Subscription. The limitations set forth in Section 3.1(B) of
this Agreement apply to the usage of the Fallback Version, as does Section 13.5. The rights granted in this
Section 3.4 are expressly contingent upon User not being in breach of this Agreement.
</p>
<p>
3.5. JetBrains has and retains all rights, title, and interest, including all intellectual property rights, in
and to the Products, any and all related or underlying technology, and any modifications or derivative works of
the Products, including without limitation as they may incorporate Feedback (as defined below).
</p>
<p>
3.6. If an independent module of the Product or the Product as a whole is a Redistributable Product, the
following provisions shall apply in addition to Sections 3.1-3.5:
</p>
<p>
(A) You may:
</p>
<p>
(i) use the Redistributable Product without quantitative restrictions unless specified otherwise in the terms
relating to the use of the particular Redistributable Product;
</p>
<p>
(ii) transfer, reproduce, redistribute, and provide access to the Redistributable Product to a third party;
</p>
<p>
(iii) sell your product containing or using the Redistributable Product to a third party, but not the
Redistributable Product on its own;
</p>
<p>
(iv) redistribute the Redistributable Product onto another Machine for legitimate purposes in accordance with
this Agreement and applicable law, and use the Redistributable Product on that Machine, provided that you have
received authorization from the owner of that Machine to deploy and use the Redistributable Product in this way.
You will indemnify JetBrains against any losses, costs, or damages arising from your deployment of the
Redistributable Product onto another Machine in violation of this Section.
</p>
<p>
(B) You agree that any Redistributable Product you reproduce, redistribute, or provide a third party access to
must be governed by an agreement concluded between the relevant third party as a User and JetBrains and that the
third party must be bound by that agreement prior to the use of the reproduced or redistributed Redistributable
Product. JetBrains is the exclusive owner and licensor of the Redistributable Product. You acknowledge that you
are liable to JetBrains for any loss or damages in connection with any breach of this Section.
</p>
<h2>4. DECOMPILING RESTRICTIONS</h2>
<p>
Some of the Products may include decompiling functionality that enables reproducing source code from the
original binary code. You acknowledge that binary code and source code may be protected by copyright and
trademark laws. Before using such Products for decompilation purposes, you hereby agree to make sure that
decompilation of binary code is not prohibited by the applicable license agreement or that you have obtained
permission to decompile the binary code from the copyright owner. Using the Products is entirely optional.
JetBrains neither encourages nor condones the use of the Products for decompiling purposes, and disclaims any
liability for their use by User in violation of applicable laws.
</p>
<h2>5. RELATED TERMS</h2>
<p>
Due to the nature of the Products provided, usage of the Products is governed by this Agreement, the
<a href="https://www.jetbrains.com/legal/docs/company/useterms.html">JetBrains Website Terms of Use</a>
available at <a href="https://www.jetbrains.com/legal/docs/company/useterms.html">https://www.jetbrains.com/legal/docs/company/useterms.html</a>,
and the <a href="https://www.jetbrains.com/legal/docs/store/terms/">Purchase Terms</a> available at
<a href="https://www.jetbrains.com/legal/docs/store/terms/">https://www.jetbrains.com/legal/docs/store/terms</a>.
</p>
<h2>6. ACCESS TO PRODUCTS</h2>
<p>
6.1. All deliveries under this Agreement will be electronic. Product Holder and User must have an Internet
connection in order to access their JetBrains Account and receive any deliveries. Product Holder and User are
responsible for downloading and installing the Products, which are made available for download on the JetBrains
Website.
</p>
<p>
6.2. Product Holder and User may use the JBA in accordance with the JetBrains Account Agreement available at
<a href="https://www.jetbrains.com/legal/docs/agreements/jetbrains_account.html">https://www.jetbrains.com/legal/docs/agreements/jetbrains_account.html</a>.
Product Holder and User are jointly responsible for the accuracy of any information provided via, and any action
taken through, the JBA.
</p>
<p>
6.3. Product Holder may enable User to activate and access Product in one of the following ways:
</p>
<p>
(A) JetBrains Account – by sending an invitation from Product Holder’s JBA to a User’s JBA. Product Holder and
User acknowledge and agree that the Product will periodically connect from the User’s Machine to JetBrains’
servers via the internet to confirm the User’s right to use the Product;
</p>
<p>
(B) Activation code – by generating an offline activation code in Product Holder’s JBA and providing it to a
User for offline Product activation. Product Holder must generate a new activation code and apply it to the
Product registration interface when prompted;
</p>
<p>
(C) License server – via an application provided by JetBrains through a ‘floating license server’ that enables
Product Holder to access the Product on a ‘per machine’ basis (“Floating License Server”). The Floating License
Server is an option that is provided at the sole discretion of JetBrains upon written request and may be subject
to separate terms and conditions.
</p>
<h2>7. PERSONAL DATA</h2>
<p>
7.1. In connection with your use of Product(s), we and our associated companies will process Personal Data of
you as a User and the Product Holder (if appropriate), in particular, your contact and identification details,
data about usage of our software and services, and information about your subscription and payments, for the
following purposes:
</p>
<p>
7.1.1. To provide you with software, services or information;
</p>
<p>
7.1.2. To protect us from piracy and unlawful use of our software or services;
</p>
<p>
7.1.3. To improve our offerings based on usage;
</p>
<p>
7.1.4. For our internal records and to protect our rights and interests and those of other users;
</p>
<p>
7.1.5. To promote and market our software and services; and
</p>
<p>
7.1.6. To fulfil legal duties stipulated by accounting, taxation, and other laws.
</p>
<p>
You may object to the processing of your Personal Data for the purposes of 7.1.2 through 7.1.5 at any time. More
detailed information about Personal Data processing for the above mentioned purposes and about your rights can
be found in the Privacy Policy.
</p>
<p>
7.2. For the above purposes, JetBrains may collect, among other things, your IP address, JetBrains Account
username, JetBrains Account password, first name, last name, email address, and subscription information.
</p>
<p>
7.3. On installation and execution, the Product may send JetBrains certain information, which will not contain
any Personal Data, including Product version, Product edition, and information about the operating system and/or
environment where the Product is installed, applicable to tools such as ReSharper™, which is a plugin to Visual
Studio™. A unique ID, which does not contain any Personal Data, is also used to distinguish instances. The
Product can also check for available updates, as well as available updates for plugins or components. In
addition, it can check for subscription validation, by either using the subscription key or your JetBrains
Account details. Some Products can also use subscription information to inform you of the availability of
applicable updates.
</p>
<p>
7.4. If you opt in to anonymous data collection through the Product, the Product may electronically send
anonymous information to JetBrains related to your usage of the Product features. This information may include,
but is not limited to, frameworks, file templates being used in the IDEs, actions invoked, and other
interactions with Product features. This information will contain neither source code nor your Personal Data,
nor information about your JetBrains Account or subscription information.
</p>
<p>
7.5. JetBrains is not responsible for any processing of Personal Data accidentally sent to JetBrains by the
User.
</p>
<p>
7.6. You shall keep your Personal Data up-to-date, update the information, or if any inconsistencies arise
report such inconsistencies to JetBrains.
</p>
<h2>8. FEEDBACK</h2>
<p>
You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit
Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and
transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute,
modify, or publicly perform the Feedback in any manner without any obligation, royalty, or restriction based on
intellectual property rights or otherwise.
</p>
<h2>9. THIRD-PARTY SOFTWARE</h2>
<p>
The Products include code and libraries licensed to us by third parties, including open source software
(“Third-Party Software”). A list of Third-Party Software included in each Product is available in the respective
Product documentation and/or at <a href="https://www.jetbrains.com/legal/third-party-software">https://www.jetbrains.com/legal/third-party-software</a>.
All Third-Party Software is provided to Product Holder and User under the respective terms stipulated in the
Product documentation.
</p>
<h2>10. SUBSCRIPTION TRIAL</h2>
<p>
10.1. Subject to the terms of this Agreement, User is granted a one-time right to install and use each major
version of a Product covered by the Subscription for evaluation purposes, without charge, for a period of thirty
(30) days (or such other period as may be specified in the official Product documentation) from the date of
Product installation (“Evaluation Period”). User’s use of the Product during the Evaluation Period shall be
limited to internal evaluation and testing of the Product for the sole purpose of determining whether the
Product meets User’s requirements and whether User wishes to continue using the Product.
</p>
<p>
10.2. User may end the Evaluation Period at User’s sole discretion any time. Upon the expiration of the
Evaluation Period, User’s right to continue using the Product will terminate, unless User purchases a
Subscription to the Product. Each Product contains a feature that will automatically disable the Product upon
the expiration of the Evaluation Period.
</p>
<p>
10.3. The limitations contained in this Section 10 do not apply to the use of Redistributable Products, which
may be used for the term of this Agreement.
</p>
<h2>11. WARRANTY LIMITATIONS</h2>
<p>
11.1. ALL PRODUCTS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT YOUR
OWN RISK.
</p>
<p>
11.2. JETBRAINS MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, JETBRAINS (AND ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS,
SUPPLIERS (INCLUDING THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS
PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT) WITH
REGARD TO THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
</p>
<p>
11.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS PARTIES DO NOT REPRESENT OR WARRANT THAT THE
PRODUCTS: (A) ARE ACCURATE, RELIABLE, OR CORRECT; (B) WILL MEET YOUR REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND,
WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
</p>
<p>
11.4. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT
YOUR OWN RISK; YOU AGREE YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY AND/OR LOSS OF DATA THAT
RESULTS FROM SUCH DOWNLOAD.
</p>
<p>
11.5. YOU MAY HAVE OTHER RIGHTS, WHICH MAY NOT BE LIMITED OR EXCLUDED AND WHICH MAY VARY FROM JURISDICTION TO
JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO NEGATIVELY AFFECT SUCH RIGHTS.
</p>
<h2>12. DISCLAIMER OF DAMAGES</h2>
<p>
12.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JETBRAINS PARTIES BE LIABLE TO YOU,
YOUR AFFILIATES, USERS, OR ANYONE ELSE FOR: (A) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT
FORESEEABLE; (B) ANY LOSS OR DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF YOUR ACCESS TO THE PRODUCTS
IN ACCORDANCE WITH THIS AGREEMENT; OR (C) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR
PUNITIVE DAMAGES WHATSOEVER (EVEN IF THE RELEVANT JETBRAINS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE
DAMAGES), INCLUDING THOSE (X) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THEY ARE FORESEEABLE,
(Y) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR
OTHER TORTIOUS ACTION, OR (Z) ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR
ACCESS TO THE PRODUCTS OR SUPPORT. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW IN THE APPLICABLE JURISDICTION.
</p>
<p>
12.2. THE TOTAL LIABILITY OF THE JETBRAINS PARTIES IN ANY MATTER ARISING OUT OF OR IN RELATION TO THIS AGREEMENT
IS LIMITED TO THE GREATER OF (A) TEN (10) US DOLLARS OR (B) THE AGGREGATE AMOUNT PAID OR PAYABLE BY PRODUCT
HOLDER OR USER DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT, FOR THE PRODUCTS GIVING RISE TO THE LIABILITY.
THIS LIMITATION WILL APPLY EVEN IF THE JETBRAINS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF LIABILITY
EXCEEDING SUCH AN AMOUNT AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
</p>
<h2>13. TERM AND TERMINATION</h2>
<p>
13.1. The term of this Agreement will commence upon acceptance of this Agreement by User as set forth in the
preamble above, and it will continue for each Product covered by a Subscription through the end of the
applicable Subscription period specified in the respective Subscription Confirmation, or until terminated for
Products not covered by a Subscription (unless specified otherwise by specific terms governing the use of such
Product).
</p>
<p>
13.2. You may terminate this Agreement at any time via your JetBrains Account. If such termination occurs during
a Subscription period, this Agreement will continue to be effective until the end of that Subscription period.
In the case of Redistributable Products or Products not covered by a Subscription, User may terminate this
Agreement with immediate effect by notifying JetBrains of such termination, discontinuing use of such Products
and deleting all copies of such Products from its Machines and archives (notwithstanding anything else in this
Agreement).
</p>
<p>
13.3. JetBrains may terminate this Agreement and the associated Subscription if:
</p>
<p>
(A) User has materially breached this Agreement and fails to remedy the breach within thirty (30) days of
written notice;
</p>
<p>
(B) JetBrains is required to do so by law (for example, where the provision of the Product to User is, or
becomes, unlawful); or
</p>
<p>
(C) JetBrains elects to discontinue providing the Product, in whole or in part.
</p>
<p>
13.4. JetBrains will make reasonable efforts to notify User via email (to the email address of the billing or
technical contact provided by User or Product Holder) as follows:
</p>
<p>
(A) Thirty (30) days prior to termination of the Agreement in the event specified in Section 13.3(C);
</p>
<p>
(B) Three (3) days prior to termination of the Agreement in the event specified in Section 13.3(B).
</p>
<p>
13.5. Survival. Upon the expiration or termination of this Agreement, Sections 8, 9, 11, 12, and 16 of this
Agreement survive. Upon the expiration or termination of this Agreement by User under Section 13.2, if User
elects to use a Fallback Version in accordance with Section 3.4., these Sections will also survive with respect
to the Fallback Version, in addition to Section 3.4.
</p>
<h2>14. TEMPORARY SUSPENSION </h2>
<p>
14.1. JetBrains reserves the right to suspend User’s access to JetBrains Products if:
</p>
<p>
(A) Product Holder fails to pay Subscription fees on time;
</p>
<p>
(B) Product Holder’s or User’s use of Product is in violation of this Agreement or disrupts or imminently
threatens the security, integrity, or availability of a Product.
</p>
<p>
14.2. If JetBrains suspends User’s access to Products for non-payment in accordance with Section 14.1(A),
Product Holder must pay all past due amounts in order to resume access to Product.
</p>
<h2>15. EXPORT REGULATIONS</h2>
<p>
15.1. User must comply with all applicable laws and regulations with regard to economic sanctions, export
controls, import regulations, restrictive measures, and trade embargoes (all herein referred to as “Sanctions”),
including those of the European Union and United States. User declares and warrants that it is not a person
targeted by Sanctions, nor is it otherwise owned or controlled by or acting on behalf of any entity or person
targeted by Sanctions. User agrees that it will not download or otherwise export or re-export the Product or any
related technical data directly or indirectly to any person targeted by Sanctions or download or otherwise use
the Product for any end-use prohibited or restricted by Sanctions.
</p>
<p>
15.2. User must immediately report any concerns of non-compliance regarding Sanctions to
<a href="mailto:compliance@jetbrains.com">compliance@jetbrains.com</a>, <a href="mailto:legal@jetbrains.com">legal@jetbrains.com</a>,
or <a href="mailto:ethics@jetbrains.com">ethics@jetbrains.com</a>, and cooperate with JetBrains in its efforts
to verify and ensure compliance with Sanctions.
</p>
<h2>16. GENERAL</h2>
<p>
16.1. <strong>Entire Agreement</strong>. The following documents are part of (‘incorporated into’) this
Agreement: the JetBrains Privacy Policy, available at
<a href="https://www.jetbrains.com/legal/docs/privacy/privacy.html">https://www.jetbrains.com/legal/docs/privacy/privacy.html</a>,
the Data Processing Addendum (if applicable) at <a href="https://www.jetbrains.com/legal/dpa">https://www.jetbrains.com/legal/dpa</a>,
and the JetBrains Terms and Conditions of Purchase, available at
<a href="https://www.jetbrains.com/legal/docs/store/terms">https://www.jetbrains.com/legal/docs/store/terms</a>.
Together, these documents form the entire agreement and replace any previous agreement between you and us in
relation to its subject matter. Except as expressly mentioned, this Agreement does not apply or give rights to
anyone else (‘no third-party beneficiaries’). No purchase order, Product Holder terms, or other document that
purports to modify or supplement this Agreement will vary the terms of this Agreement unless signed by User and
JetBrains.
</p>
<p>
16.2. <strong>Reservation of Rights</strong>. JetBrains reserves the right at any time to cease its support of
the Product and to alter prices, features, specifications, capabilities, functions, terms of use, release dates,
general availability, and other characteristics of the Product. Nothing in this Agreement limits any rights a
consumer may have under applicable consumer protection laws.
</p>
<p>
16.3. <strong>Changes to this Agreement</strong>. The Agreement can be updated from time to time to reflect
changes in the Product and how it is offered to you.
</p>
<p>
(A) If this happens, we will update the terms on the JetBrains Website and let you know either:
</p>
<p>
(i) by displaying them to you in the Product;
</p>
<p>
(ii) in your JetBrains Account; or
</p>
<p>
(iii) by sending the updated version to the email address used in your JetBrains Account.
</p>
<p>
(B) Any updated Agreement will start (‘be effective’) on the date specified in the updated Agreement. By
continuing to use the Product after the effective date, you agree to be bound by the modified Agreement.
</p>
<p>
(C) We respect that you may not agree to the updated Agreement. If that is the case, you can terminate your
Subscription any time up to 30 days after the effective date of the updated Agreement. Termination according to
this Section entitles you to a pro-rata refund of the pre-paid unused Subscription fees.
</p>
<p>
(D) If you are using a Fallback Version and object to the update to the Agreement, you can continue using the
Fallback Version under the previously applicable terms.
</p>
<p>
16.4. <strong>Opportunity to Review</strong>. Customer declares that it has had sufficient opportunity to review
this Agreement, understand the content of all of its sections, negotiate its terms, and seek independent
professional legal advice before entering into it. Consequently, any statutory “form contract” (“adhesion
contract”) regulations shall not be applicable to this Agreement.
</p>
<p>
16.5. <strong>Severability</strong>. If a particular term of this Agreement is not enforceable, the
unenforceability of that term will not affect any other terms of this Agreement.
</p>
<p>
16.6. <strong>Interpretation</strong>. Headings and titles are for convenience only and do not affect the
interpretation of this Agreement. Terms such as “including” are not exhaustive.
</p>
<p>
16.7. <strong>No Waiver</strong>. Our failure to enforce or exercise any part of this Agreement is not a waiver
of that section.
</p>
<p>
16.8. <strong>Notice</strong>. JetBrains may deliver any notice to User via electronic mail to an email address
provided by User, or via User’s JetBrains Account, registered mail, personal delivery, or reputable express
courier (such as DHL, FedEx, or UPS). Any such notice will be deemed to be effective (i) on the day the notice
is sent to User via email, (ii) upon being uploaded to User’s JetBrains Account (irrespective of when User
actually receives it), (iii) upon personal delivery, (iv) one (1) day after deposit with an express courier, or
(v) five (5) days after deposit in the mail, whichever occurs first.
</p>
<p>
16.9. <strong>Governing Law</strong>. This Agreement is governed by the laws of the Czech Republic, without
reference to conflict of laws principles and specifically excluding the United Nations Convention on Contracts
for the International Sale of Goods. The Parties to the agreement constituted by this Agreement undertake to use
best commercial efforts to amicably settle any disputes arising hereunder (“Dispute”).
</p>
<p>
16.10. <strong>Dispute Resolution</strong>. Should the parties to this Agreement fail to settle a Dispute
amicably, the Dispute will be excluded from the jurisdiction of general courts and the Dispute will be finally
decided by the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the
Czech Republic, by three arbitrators in accordance with the Rules of that Arbitration Court, and the language of
the proceedings will be English; if you are a consumer, we both agree that any Dispute-related litigation may
only be brought in, and shall be subject to the jurisdiction of, any competent court of the Czech Republic,
unless provided otherwise by applicable consumer law. Consumer Disputes can also be settled out of court through
the Czech Trade Inspection Authority (<a href="www.coi.cz">www.coi.cz</a>) or the European Commission’s online
platform for dispute resolution
(<a href="https://ec.europa.eu/consumers/odr">https://ec.europa.eu/consumers/odr</a>).
</p>
<p>
16.11. <strong>Data Privacy</strong>. By accepting this Agreement, User acknowledges that JetBrains will process
personal data in accordance with JetBrains’ Privacy Policy (available at
<a href="https://www.jetbrains.com/company/privacy.html">https://www.jetbrains.com/company/privacy.html</a>).
Unless you have signed an individual data processing addendum with JetBrains, the JetBrains data processing
addendum available at <a href="https://www.jetbrains.com/legal/dpa">https://www.jetbrains.com/legal/dpa</a>
applies.
</p>
<p>
16.12. <strong>Force Majeure</strong>. Neither party to this Agreement shall be in breach of this Agreement, or
otherwise liable to the other, by reason of any delay in performance, or non-performance, of any of its
obligations under this Agreement (except payment obligations), arising directly from an act of God, fire, flood,
natural disaster, act of terrorism, strike, lock-out, labor dispute, public health emergency, civil commotion,
riot, or act of war.
</p>
<p>
16.13. <strong>Children and minors</strong>. If you are under 18 years old, then by entering into this Agreement
you explicitly stipulate that (i) you have legal capacity to conclude this Agreement or that you have valid
consent from a parent or legal guardian to do so and (ii) you understand the
<a href="https://www.jetbrains.com/legal/docs/privacy/privacy.html">JetBrains Privacy Policy</a>. You may not
enter into this Agreement if you are under 13 years old. IF YOU DO NOT UNDERSTAND THIS SECTION, DO NOT
UNDERSTAND THE JETBRAINS PRIVACY POLICY, OR DO NOT KNOW WHETHER YOU HAVE THE LEGAL CAPACITY TO ACCEPT THESE
TERMS, PLEASE ASK YOUR PARENT OR LEGAL GUARDIAN FOR HELP.
</p>
<p>
For further information, please contact us at <a href="mailto:legal@jetbrains.com">legal@jetbrains.com</a>.
</p>
</div>