- Version 1.4, effective as of September 22, 2021 -
-IMPORTANT! READ CAREFULLY:
-- 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. -
-- 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. -
-- 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. -
-- 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. -
-Version 2.0, effective as of April 10, 2025
+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.
+This JetBrains User Agreement (“Agreement”) 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 (“JetBrains”, “We”, + or “Us”) and You, an individual or a legal entity that + you represent (“You”). 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.
+“Documentation” means the latest versions of all + online Product technical documentation, including the description of the + main features of the Product available at https://www.jetbrains.com/help/, + or other documentation available at JetBrains Website.
+“JetBrains Website” means the website at https://www.jetbrains.com/ and any + other website operated by Us.
+“Machine” means a computing device used by You for + running the Product.
+“Product” means JetBrains software licensed to You + under this Agreement.
+“Redistributable Product” 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).
+“Third-Party Software” means any third-party + software program that is owned or licensed by someone other than Us.
+“Trial Period” 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.
+3.1. License. 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.
+3.2. Free Use. Following the installation, You may + use the Product for free for any commercial or non-commercial + purposes:
+during the Trial Period; and
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.
3.3. Subscriptions. 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.
+3.4. Updates. 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.
+3.5. Restrictions. Without Our express written + permission (or unless this right is granted by applicable law), You may + not:
+use the Product or its features in a manner contrary to this + Agreement or applicable laws;
reverse-engineer, disassemble, or decompile the Product, or parts + thereof, or try to derive the source code of the Product in any + way;
modify, alter, adapt, translate, enhance, tamper with, repair, or + otherwise create derivative works of the Product or any part + thereof;
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;
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;
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.
3.6. Redistributable Products. 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 https://www.jetbrains.com/legal/.
+4.1. Our Rights. 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.
+4.2. You Own Your Data. 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.
+4.3. Feedback. 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.
+4.4. Third-Party Software. 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 https://www.jetbrains.com/legal/third-party-software + or in the Documentation. Nothing in this Agreement limits Your right to + use Third-Party Software under those applicable terms and + conditions.
+4.5. Artificial Intelligence Powered Features. The + Product may include certain features leveraging artificial intelligence + (“AI Features”) 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.
+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.
+6.1. No Expressed Warranty. 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:
+is accurate, reliable, or correct;
will meet Your requirements;
will be available at any particular time or location, + uninterrupted, or secure;
is free of defects or errors and that any, if found, will be + corrected; and/or
is free of viruses or other harmful components.
6.2. Disclaimer of Warranties. 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.
+6.3. No Rights from Defective Performance. 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.
+7.1. Exclusion of Damages. To the maximum extent + permitted by applicable law, in no event will We be liable to You, Your + affiliates, users, or anyone else for
+any special, incidental, indirect, consequential, exemplary, or + punitive damages whatsoever, including for lost profit;
any loss of use, data, goodwill, or profits, whether or not + foreseeable; and
any loss or damages in connection with the termination or + suspension of Your access to the Product in accordance with this + Agreement;
and You waive a right to claim compensation for any such loss or + damage.
+7.2. Limitation of Liability. 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.
+8.1. Term. 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.
+8.2. Termination. We may terminate this Agreement by + a notice sent to You in email or otherwise in writing if:
+You materially breached this Agreement and failed to remedy the + breach within thirty (30) days of written notice;
We are required to do so by law (for example, where the provision + of the Product is, or becomes, unlawful); or
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.
8.3. Withdrawal. 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.
+9.1. Export Control Compliance. 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 “Sanctions”), + 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.
+9.2. Reporting of Non-Compliance. You must + immediately report any concerns of non-compliance regarding Sanctions to + compliance@jetbrains.com + and cooperate with Us in Our efforts to verify and ensure compliance + with Sanctions.
+10.1. Reservation of Rights. 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.
+10.2. Severability. 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.
+10.3. Changes. From time to time, We may ask You to + accept the updated version of this Agreement (“Updated + Agreement”) 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.
+10.4. No Waiver. Our failure to enforce or exercise + any part of this Agreement is not a waiver of the respective + Section.
+10.5. No Assignment. 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.
+10.6. Entire Agreement. 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.
+10.7. Governing Law and Disputes Resolution. 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.
+10.8. Personal Data. 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 https://www.jetbrains.com/company/privacy.html.
+10.9. Consumer Protection. 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 https://www.jetbrains.com/legal.
+For further information, please contact us at legal@jetbrains.com.
-- 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. -
-- 2.2. “Agreement” means this JetBrains User Agreement covering use of the Product by individual Users. -
-- 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. -
-- 2.4. “Fallback Date” means the date 12 months prior to the expiration date of the Subscription. -
-- 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 https://sales.jetbrains.com/hc/en-gb. -
-- 2.6. “JetBrains Account” or “JBA” means an account at https://account.jetbrains.com - created by User, having a unique name and password, and enabling User to manage Subscription administration - and/or access Products. -
-- 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 jetbrains.com, - jetbrains.net, jetbrains.org, - jetbrains.ru, jetbrains.team, - intellij.net, - kotl.in, and kotlinlang.org. -
-- 2.8. “Machine” means a computing device used by a User for running the Product. -
-- 2.9. “Personal Data” means any information relating to an identified or identifiable natural person. -
-- 2.10. “Privacy Policy” means the JetBrains Privacy Policy available at - https://www.jetbrains.com/legal/docs/privacy/privacy.html, - which may be updated from time to time. -
-- 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. -
-- 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. -
-- 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. -
-- 2.14. “Subscription” specifies the subscription term, Products provided to Customer, subscription fees, and - payment schedules. Subscriptions do not apply to Redistributable Products. -
-- 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). -
-- 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. -
- -- 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: -
-- (A) You may: -
-- (i) install and use any version of the Product covered by the Subscription on any operating system supported by - the Product; and -
-- (ii) make one copy of the Product solely for archival, security, and/or backup purposes. -
-- (B) You may not: -
-- (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); -
-- (ii) rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the - Product; -
-- (iii) provide a third party with access to the Product or your JetBrains Account, or the right to use the - Product; -
-- (iv) reverse-engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source - code of, the Product; or -
-- (v) remove or obscure any proprietary or other notices contained in the Product. -
-- 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. -
-- 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. -
-- 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). -
-- 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: -
-- (A) You may: -
-- (i) use the Redistributable Product without quantitative restrictions unless specified otherwise in the terms - relating to the use of the particular Redistributable Product; -
-- (ii) transfer, reproduce, redistribute, and provide access to the Redistributable Product to a third party; -
-- (iii) sell your product containing or using the Redistributable Product to a third party, but not the - Redistributable Product on its own; -
-- (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. -
-- (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. -
-- 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. -
-- Due to the nature of the Products provided, usage of the Products is governed by this Agreement, the - JetBrains Website Terms of Use - available at https://www.jetbrains.com/legal/docs/company/useterms.html, - and the Purchase Terms available at - https://www.jetbrains.com/legal/docs/store/terms. -
-- 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. -
-- 6.2. Product Holder and User may use the JBA in accordance with the JetBrains Account Agreement available at - https://www.jetbrains.com/legal/docs/agreements/jetbrains_account.html. - Product Holder and User are jointly responsible for the accuracy of any information provided via, and any action - taken through, the JBA. -
-- 6.3. Product Holder may enable User to activate and access Product in one of the following ways: -
-- (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; -
-- (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; -
-- (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. -
-- 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: -
-- 7.1.1. To provide you with software, services or information; -
-- 7.1.2. To protect us from piracy and unlawful use of our software or services; -
-- 7.1.3. To improve our offerings based on usage; -
-- 7.1.4. For our internal records and to protect our rights and interests and those of other users; -
-- 7.1.5. To promote and market our software and services; and -
-- 7.1.6. To fulfil legal duties stipulated by accounting, taxation, and other laws. -
-- 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. -
-- 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. -
-- 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. -
-- 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. -
-- 7.5. JetBrains is not responsible for any processing of Personal Data accidentally sent to JetBrains by the - User. -
-- 7.6. You shall keep your Personal Data up-to-date, update the information, or if any inconsistencies arise - report such inconsistencies to JetBrains. -
-- 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. -
-- 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 https://www.jetbrains.com/legal/third-party-software. - All Third-Party Software is provided to Product Holder and User under the respective terms stipulated in the - Product documentation. -
-- 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. -
-- 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. -
-- 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. -
-- 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. -
-- 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. -
-- 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. -
-- 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. -
-- 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. -
-- 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. -
-- 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. -
-- 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). -
-- 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). -
-- 13.3. JetBrains may terminate this Agreement and the associated Subscription if: -
-- (A) User has materially breached this Agreement and fails to remedy the breach within thirty (30) days of - written notice; -
-- (B) JetBrains is required to do so by law (for example, where the provision of the Product to User is, or - becomes, unlawful); or -
-- (C) JetBrains elects to discontinue providing the Product, in whole or in part. -
-- 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: -
-- (A) Thirty (30) days prior to termination of the Agreement in the event specified in Section 13.3(C); -
-- (B) Three (3) days prior to termination of the Agreement in the event specified in Section 13.3(B). -
-- 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. -
-- 14.1. JetBrains reserves the right to suspend User’s access to JetBrains Products if: -
-- (A) Product Holder fails to pay Subscription fees on time; -
-- (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. -
-- 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. -
-- 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. -
-- 15.2. User must immediately report any concerns of non-compliance regarding Sanctions to - compliance@jetbrains.com, legal@jetbrains.com, - or ethics@jetbrains.com, and cooperate with JetBrains in its efforts - to verify and ensure compliance with Sanctions. -
-- 16.1. Entire Agreement. The following documents are part of (‘incorporated into’) this - Agreement: the JetBrains Privacy Policy, available at - https://www.jetbrains.com/legal/docs/privacy/privacy.html, - the Data Processing Addendum (if applicable) at https://www.jetbrains.com/legal/dpa, - and the JetBrains Terms and Conditions of Purchase, available at - https://www.jetbrains.com/legal/docs/store/terms. - 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. -
-- 16.2. Reservation of Rights. 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. -
-- 16.3. Changes to this Agreement. The Agreement can be updated from time to time to reflect - changes in the Product and how it is offered to you. -
-- (A) If this happens, we will update the terms on the JetBrains Website and let you know either: -
-- (i) by displaying them to you in the Product; -
-- (ii) in your JetBrains Account; or -
-- (iii) by sending the updated version to the email address used in your JetBrains Account. -
-- (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. -
-- (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. -
-- (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. -
-- 16.4. Opportunity to Review. 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. -
-- 16.5. Severability. If a particular term of this Agreement is not enforceable, the - unenforceability of that term will not affect any other terms of this Agreement. -
-- 16.6. Interpretation. Headings and titles are for convenience only and do not affect the - interpretation of this Agreement. Terms such as “including” are not exhaustive. -
-- 16.7. No Waiver. Our failure to enforce or exercise any part of this Agreement is not a waiver - of that section. -
-- 16.8. Notice. 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. -
-- 16.9. Governing Law. 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”). -
-- 16.10. Dispute Resolution. 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 (www.coi.cz) or the European Commission’s online - platform for dispute resolution - (https://ec.europa.eu/consumers/odr). -
-- 16.11. Data Privacy. By accepting this Agreement, User acknowledges that JetBrains will process - personal data in accordance with JetBrains’ Privacy Policy (available at - https://www.jetbrains.com/company/privacy.html). - Unless you have signed an individual data processing addendum with JetBrains, the JetBrains data processing - addendum available at https://www.jetbrains.com/legal/dpa - applies. -
-- 16.12. Force Majeure. 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. -
-- 16.13. Children and minors. 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 - JetBrains Privacy Policy. 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. -
-- For further information, please contact us at legal@jetbrains.com. -