commit: 0ce76f521aa7ae446a8159fef4661eaf68181686
Author: Robert Greener <dev <AT> greener <DOT> sh>
AuthorDate: Sun Apr 14 07:32:31 2024 +0000
Commit: Julien Roy <julien <AT> jroy <DOT> ca>
CommitDate: Sun Apr 14 07:32:31 2024 +0000
URL: https://gitweb.gentoo.org/repo/proj/guru.git/commit/?id=0ce76f52
licenses/idea-eap-EULA: New LICENSE
Signed-off-by: Robert Greener <dev <AT> greener.sh>
licenses/idea-eap-EULA | 201 +++++++++++++++++++++++++++++++++++++++++++++++++
1 file changed, 201 insertions(+)
diff --git a/licenses/idea-eap-EULA b/licenses/idea-eap-EULA
new file mode 100644
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+JETBRAINS EAP USER AGREEMENT
+Version 3.3, effective as of May 4, 2023
+
+IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY CLICKING 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 ARE BECOMING A PARTY TO
THIS AGREEMENT, YOU DECLARE YOU HAVE THE LEGAL CAPACITY TO ENTER INTO SUCH
AGREEMENT, AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS
SET FORTH BELOW. THIS IS AN EARLY ACCESS VERSION OF THE PRODUCT. YOU EXPRESSLY
ACKNOWLEDGE THAT THIS VERSION OF THE PRODUCT MAY NOT BE RELIABLE, MAY NOT WORK
AS INTENDED, AND MAY CONTAIN ERRORS. ANY USE OF THE EAP PRODUCT IS AT YOUR OWN
RISK.
+
+JetBrains' Early Access, Beta, Preview and Nightly Programs ("EAP") allow you
to try pre-release versions of our Products to evaluate features that may be
added to the next release.
+
+1. PARTIES
+1.1. "JetBrains" or "we" means JetBrains s.r.o., having its principal place of
business at Na Hrebenech II 1718/8, 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. "User" or "you" means any Organization or natural person using a Product
in accordance with this Agreement, where "Organization" includes any
corporation, company, partnership, association, other entity or organization
which controls, is controlled by, or is under common control with you. 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.
+
+2. DEFINITIONS
+2.1. "Agreement" means this JetBrains EAP User Agreement covering your use of
the Product.
+
+2.2. "Client" means a computer device used by the User for accessing the
Product.
+
+2.3. "Data" means all electronic data or information submitted to us.
+
+2.4. "Domain" means a domain name that you may need to create within the
Service and will then be associated with your use of the Product and Services.
+
+2.5. "EAP" means any of the Early Access, Beta, Preview, and Nightly Programs
as referenced in the preamble of this Agreement and described on the JetBrains
website or in Product documentation.
+
+2.6. "EAP Term" is a period during which the User can use the Product under
this Agreement.
+
+2.7. "Hosting System" means any server, real or virtual, network, Internet
connection, infrastructure, hardware, and applications used by JetBrains to
host the Product.
+
+2.8. "JetBrains Account" or "JBA" means an account at
https://account.jetbrains.com created by User, having a unique name and
password, through which User has access to Products.
+
+2.9. "JetBrains Website" means any website that is the property of JetBrains,
including but not limited to everything hosted under the domains listed at
https://www.jetbrains.com/legal/websites/.
+
+2.10. "Personal Data" means any information relating to an identified or
identifiable natural person.
+
+2.11. "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.
+
+2.12. "Product" means any generally available JetBrains software product
and/or Service, as applicable, identified by JetBrains as an EAP product. For
the avoidance of doubt, a) the Product is not produced to the specifications of
the User, b) is intended for mass distribution, and c) this Agreement covers
the EAP versions of the Product only.
+
+2.13 "Redistributable Product" means an independent module of the Product or
the Product as a whole designed to be redistributed and designated by JetBrains
as "Redistributable" in its name or in its official description.
+
+2.14. "Service" means access to the Product hosted by JetBrains on a Hosting
System and provided to the User by JetBrains via the Internet.
+
+3. GRANT OF RIGHTS
+3.1. Unless the EAP Term has expired or this Agreement is terminated in
accordance with Section 12, and subject to the terms and conditions specified
herein, JetBrains grants you a non-exclusive and non-transferable right to use
each Product as follows:
+
+(A) You may use any version of the Product on a number of Clients and on any
operating system as may be specified in relevant Product documentation;
+
+(B) You may make a backup copy of Product solely for archival or security
backup purposes, if the Product or its documentation so allows.
+
+(C) You must not:
+
+(i) rent, lease, reproduce, modify, adapt, create derivative works of,
distribute, sell or transfer the Product;
+
+(ii) provide access to the Product, Domain, or your JetBrains Account or right
to use the Product (except as may be expressly provided in the Product
documentation) to a third party;
+
+(iii) reverse engineer, decompile, disassemble, modify, translate, or make any
attempt to discover the source code of the Product;
+
+(iv) remove or obscure any proprietary or other notices contained in the
Product;
+
+(v) attempt to gain unauthorized access to the Product or Hosting System;
+
+(vi) use the Product to store or transmit infringing, libelous, or otherwise
unlawful or tortious material, or to store or transmit material in violation of
third-party privacy or copyrights.
+
+3.2. 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
Section 3.1:
+
+(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 as such;
+
+(iv) redistribute the Redistributable Product onto another Client for
legitimate purposes in accordance with applicable law and use the
Redistributable Product on that Client, provided that you have received
authorization from the owner of such Client to deploy and use the
Redistributable Product in this way. You will indemnify JetBrains against any
loss, costs or damages arising from your deployment of the Redistributable
Product onto another Client in violation of this clause.
+
+(B) You hereby agree to ensure that the use of any Redistributable Product you
reproduce, redistribute or provide access to, to a third party is governed by
an agreement concluded between the relevant third party as a User and JetBrains
and that such third party is bound by the agreement prior to the use of any
such Redistributable Product. JetBrains is the exclusive owner and exclusive
licensor of any Redistributable Product. You acknowledge that you are liable to
JetBrains for any loss or damages in connection with the breach of this section.
+
+4. YOUR RESPONSIBILITIES
+(a) You agree to: (i) obtain an Internet connection, any equipment necessary
for the Internet connection, and any third-party software necessary for using
the Product, including, but not limited to, browser software that supports a
data security protocol compatible with the protocol used by the Product and
(ii) use the Product in compliance with this EAP Agreement and applicable laws.
+
+(b) You are responsible for: (i) the legality of your Data (including, but not
limited, to Data of your employees, contractors, and other personnel), and the
means by which you acquired such Data. If any of your Data violates this
Agreement or any third-party rights, you shall immediately remove the Data from
the Product; (ii) compliance with applicable laws and government regulations;
(iii) configuring and using the Product; (iv) the confidentiality of the
username and passwords you or your users have established in connection with
the Product; and (v) your Data backup.
+
+(c) Some of the Products may include decompiling functionality that enables
reproduction of 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 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. The use of the Products for reproduction of source
code or decompilation is entirely optional. JetBrains neither encourages nor
condones the use of the Products for decompiling purposes, and disclaims any
liability for their use in violation of applicable laws.
+
+5. ACCESS TO PRODUCTS
+5.1. You are solely responsible for the accuracy and completeness of any
information provided to JetBrains and any action taken through the Domain, JBA
or Product.
+
+5.2. All deliveries under this Agreement will be electronic. You must have an
Internet connection in order to access to receive any deliveries. For the
avoidance of doubt, you are responsible for Product download, installation, and
internet connectivity.
+
+5.3 JetBrains reserves the right to modify your Domain or assign you a
different Domain if JetBrains reasonably believes you are not using your Domain
in good faith, in accordance with applicable laws, or with the terms of this
Agreement.
+
+6. PERSONAL DATA
+6.1. In connection with your use of the Product, we and the companies
controlling, controlled by, or under our common control ("Affiliates") will
process Personal Data as set out in clause 6.2, for the following purposes:
+
+6.1.1. To provide you with software, services, or information;
+
+6.1.2. To protect us from piracy and unlawful use of our software or services;
+
+6.1.3. To improve our offerings based on usage;
+
+6.1.4. For our internal evidence and to protect the rights and interests of us
and other users;
+
+6.1.5. To promote and market our software and services;
+
+6.1.6. To fulfill the legal duties stipulated by accounting, taxation, and
other laws.
+
+You may object to the processing of your Personal Data for the purposes 6.1.2
through 6.1.5 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.
+
+6.2. For the above purposes, JetBrains may collect the following Personal
Data: Personal Data relating to you as a User, including first name, last name,
email address, company name and size, country, other contact and identification
details, data about the usage of our software and services, cookies and SSH
public key, information about your subscription and payments, your IP address,
your username, and any password you have used for your registration.
+
+6.3 The Product may send certain information to JetBrains, which will not
contain any Personal Data.
+
+6.4. 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 the Product features. This
information will contain neither source code nor your Personal Data.
+
+6.5 If JetBrains receives personal data of Users through the Product:
+
+a) JetBrains will only process such personal data for the purposes for which
they have been provided to JetBrains in compliance with applicable laws, our
Privacy Policy and this Agreement;
+
+b) You hereby instruct JetBrains to process such personal data as necessary to
carry out the purpose for which the personal data were handed over to JetBrains;
+
+c) JetBrains will ensure that persons processing such personal data are bound
by confidentiality obligations;
+
+d) JetBrains will implement adequate security measures as specified in Article
32 of General Data Protection Regulation 2016/679 ("GDPR");
+
+e) JetBrains will only use sub-processors for such personal data if the
conditions under Article 28 section 2 and 4 of the GDPR are fulfilled;
+
+f) JetBrains will help you in implementing reasonable and adequate
organizational and technological measures to help you comply with your
obligations regarding data subject requests, if any;
+
+g) JetBrains will render you with reasonable assistance in achieving
compliance with Articles 32 to 36 of GDPR;
+
+h) If requested, JetBrains will either delete or return all such personal data
depending on your decision;
+
+i) JetBrains will provide all relevant information to you necessary to prove
compliance with Article 28 of GDPR and provide an audit report to you
demonstrating JetBrains compliance.
+
+7. FEEDBACK
+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 use, sell, offer to sell, import, reproduce, publicly display,
distribute, modify, or publicly perform Feedback in any manner without any
obligation, royalty or restriction based on intellectual property rights or
otherwise.
+
+8. THIRD-PARTY SOFTWARE
+8.1. Products include code and libraries licensed to us by third parties,
including open source software ("Third-Party Software"). The list of
Third-Party Software included in each Product is available in the Product
documentation. All Third-Party Software is provided to you under the respective
terms stipulated in the Product documentation.
+
+8.2. JETBRAINS PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY
THIRD-PARTY SOFTWARE AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
+
+9. INDEMNIFICATION
+(a) You will defend, indemnify, and hold harmless JetBrains, its Affiliates,
and each of their respective employees, officers, directors, and
representatives from and against any claims, damages, losses, liabilities,
costs, and expenses (including reasonable attorneys' fees) arising out of or
relating to any third-party claim concerning: (i) your or any of your User's
use of the Product (including any activities under your Domain and JBA and use
by your Users); (ii) the breach of this Agreement or violation of applicable
law by you or any of your Users; (iii) your Data or the combination of your
Data with other applications, content, or processes, including any claim
involving alleged infringement or misappropriation of third-party rights by
your Data or by use, development, design, production, advertising, or marketing
of your Data; or (iv) a dispute between you and any of your users.
+
+(b) You and JetBrains (as applicable) will promptly notify you of any claim
subject to the previous section above, but JetBrains' failure to promptly
notify you will only affect your obligations to the extent that JetBrains'
failure prejudices your ability to defend the claim. You may: (i) use counsel
of your own choosing (subject to JetBrains' written consent) to defend against
any claim; and (ii) settle the claim as you deem appropriate, provided that you
obtain prior written consent from JetBrains before entering into any
settlement. JetBrains may also assume control of the defense and settlement of
the claim at any time.
+
+10. WARRANTY LIMITATIONS
+10.1 THE PRODUCT INCLUDES EXPERIMENTAL AND EARLY PRE-RELEASE SOFTWARE, WHICH
IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY
WARRANTIES. USE OF THE PRODUCT IS AT YOUR OWN RISK.
+
+10.2 JETBRAINS MAKES NO WARRANTY AS TO THE PRODUCT'S USE OR PERFORMANCE. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS (OR ITS AFFILIATES,
SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS
(WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE), AND ITS SUPPLIERS
AND RESELLERS (COLLECTIVELY, "JETBRAINS PARTIES") DISCLAIM ALL WARRANTIES AND
CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT), WITH REGARD TO THE PRODUCT AND THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT SERVICES.
+
+10.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE JETBRAINS PARTIES
DO NOT REPRESENT OR WARRANT THAT THE PRODUCT: IS ACCURATE, RELIABLE, OR
CORRECT; WILL MEET YOUR REQUIREMENTS OR SPECIFICATIONS; 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; IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS OR THAT ANY CONTENT, INCLUDING YOUR OR YOUR USERS' DATA,
WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. ANY CONTENT OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT ARE DOWNLOADED AT YOUR OWN
RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS
OF DATA THAT RESULTS FROM SUCH A DOWNLOAD. ‘DATA' FOR PURPOSES OF THIS
PARAGRAPH REFERS TO ANY ‘data' REGARDLESS OF WHETHER OR NOT SUBMITTED.
+
+10.4 YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.
+
+11. DISCLAIMER OF DAMAGES
+11.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
JETBRAINS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR: (a) THE USER'S INABILITY
TO USE THE PRODUCT, INCLUDING AS A RESULT OF ANY TERMINATION OR SUSPENSION OF
THIS AGREEMENT OR THE USER'S USE OF PRODUCT; (b) JETBRAINS' DISCONTINUATION OF
THE PROVISION OF THE PRODUCT; (c) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF
ALL OR A PORTION OF THE PRODUCT FOR ANY REASON, INCLUDING AS A RESULT OF POWER
OUTAGES, SYSTEM FAILURES, OR OTHER INTERRUPTIONS; (d) THE COST OF PROCUREMENT
OF A SUBSTITUTE PRODUCT; (e) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY
USER IN CONNECTION WITH THIS AGREEMENT OR THE USER'S USE OF OR ACCESS TO THE
PRODUCT; (f) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR DELETION,
DESTRUCTION, DAMAGE, LOSS, OR FAILURE TO STORE, ANY OF THE USER'S DATA; (g) ANY
LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE; (h) ANY
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR DELETION, DESTRUCTION, DAMA
GE, LOSS (i) DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF YOUR
ACCESS TO THE PRODUCT PURSUANT TO THIS AGREEMENT, (j) OR FAILURE TO STORE ANY
OF YOUR OR YOUR USER'S DATA; OR (k) 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 FORESEEABLE, (Y) BASED ON ANY THEORY OF LIABILITY, INCLUDING A 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 PRODUCT OR SUPPORT. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION. ‘DATA' FOR PURPOSES OF THIS PARAGRAPH REFERS TO ANY ‘data'
REGARDLESS OF WHETHER OR NOT SUBMITTED.
+
+11.2. THE JETBRAINS PARTIES' TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR
IN RELATION TO THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID, IF ANY, FOR THE
PRODUCT OR FIVE (5) US DOLLARS, WHICHEVER IS LESS. THIS LIMITATION WILL APPLY
EVEN IF THE JETBRAINS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF LIABILITY
EXCEEDING SUCH AMOUNT AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY.
+
+12. TERM AND TERMINATION
+12.1. The term of this Agreement will commence upon the acceptance of this
Agreement by the User as set out in the preamble above, and will continue for
each Product covered by this Agreement through the end of the applicable EAP
Term, or in the case of Redistributable Products until terminated by either
User or JetBrains.
+
+12.2. You may terminate this Agreement at any time by ceasing all use of the
Product, unless otherwise specified in the Product's documentation .
+
+12.3. JetBrains may terminate this Agreement immediately at any time for
convenience (including by no longer designating the Product as EAP). JetBrains
may notify you of any such termination via email, JBA, or your Domain.
+
+12.4. Upon expiration or termination of this Agreement by the User under
Section 12.2, Sections 6, 7, 8, 9, 10, and 11 of this Agreement will survive.
+
+12.5 For the avoidance of doubt, should you continue using the non-EAP Product
versions of JetBrains Product after the expiration or termination of this
Agreement or the applicable EAP Term, the applicable terms and conditions for
such non-EAP JetBrains products will apply.
+
+13. EXPORT REGULATIONS
+13.1 The User shall 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 of America ). The
User declares that the User is not a person targeted by Sanctions, nor is it
otherwise owned or controlled by or acting on behalf of any person targeted by
Sanctions. Furthermore, the User warrants that it will not download or
otherwise export or re-export software or any related technical data directly
or indirectly to any person targeted by Sanctions or download or otherwise use
software for any end-use prohibited or restricted by Sanctions.
+
+13.2 You must immediately report any concerns or a situation of their
non-compliance with Sanctions to eth...@jetbrains.com, complia...@jetbrains.com
or le...@jetbrains.com.
+
+14. GENERAL
+14.1. Entire Agreement. This Agreement, including the Third-Party Software
license terms and any other terms specifically referred to herein, constitutes
the entire agreement between the parties concerning its subject matter and
supersedes any prior agreements between you and JetBrains regarding your use of
the (EAP) Product; and other than as specified in clause 14.4, no purchase
order, other ordering document, or any handwritten or typewritten text which
purports to modify or supplement the printed text of this Agreement or any
schedule will add to or vary the terms of this Agreement unless signed by both
the User and JetBrains.
+
+14.2. Reservation of Rights. JetBrains reserves the right at any time to cease
the support of the Product and to alter prices, features, specifications,
capabilities, functions, terms of use, release dates, general availability, or
other characteristics of the Product.
+
+14.3. JetBrains does not acquire any rights to the User's Data transmitted,
collected, or created by the User. The User retains ownership of all
proprietary rights to the User's Data.
+
+14.4. Changes to this Agreement. We may update or modify this Agreement from
time to time, including any referenced policies and other documents. If a
revision meaningfully reduces your rights, we will use reasonable efforts to
notify you (for example, by contacting you at the email address you have
provided to us, by posting on JetBrains Website, or via the Product itself). If
we modify this Agreement, the modified version of the Agreement will be
effective from the date of your receipt of the notice, unless otherwise
specified by JetBrains. In this case, if you object to the updated Agreement
terms, as your exclusive remedy, you may terminate this Agreement. You may be
required to click through the updated Agreement to show your acceptance.
+
+14.5. 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.
+
+14.6. Headings. Headings and titles are for convenience only and do not affect
the interpretation of this Agreement.
+
+14.7. No Waiver. Our failure to enforce or exercise any part of this Agreement
is not a waiver of that section.
+
+14.8. Governing Law. This Agreement will be governed by the laws of the Czech
Republic, without regard to conflict of law principles. The User agrees that
any litigation relating to this Agreement may only be brought in, and will be
subject to the jurisdiction of, any competent court of the Czech Republic. The
parties agree that the United Nations Convention on Contracts for the
International Sale of Goods does not apply to this Agreement.
+
+14.9. You declare that you have had sufficient opportunity to review this
Agreement, understand the content of all of its clauses, negotiate its terms,
and seek independent professional legal advice in that respect before entering
into it. Consequently, any statutory "form contract" ("adhesion contract")
regulations shall not be applicable to this Agreement.
+
+14.10. Notice. JetBrains may deliver any notice to the User via electronic
mail to an email address provided by the User, JetBrains Account, Domain,
registered mail, personal delivery, or renowned 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 the User via email, (ii) upon being uploaded to your
JetBrains Account or Domain (irrespective of when User actually receives it),
(iii) upon personal delivery, (iv) one (1) day after deposit with express
courier, or (v) five (5) days after deposit in the mail, whichever occurs first.
+
+14.11. Children and minors. If you are under 18 years old, then by entering
into this Agreement you explicitly stipulate, that (i) you have the 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 available at: https://www.jetbrains.com/legal/docs/privacy/privacy.html.
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 exceptions or modifications to this Agreement, please contact JetBrains
at: Na Hrebenech II 1718/8, Prague, 14000, Czech Republic; Fax: +420 241 722
540; Email: le...@jetbrains.com
+
