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| -End-User License Agreement (EULA) of IntelliJ DynamoDB |
| 1 | +## IntelliJ DynamoDB EULA |
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| -This End-User License Agreement ("EULA") is a legal agreement between you and IntelliJ DynamoDB. Our EULA was created by EULA Template for IntelliJ DynamoDB. |
| 3 | +"Developer" means Anton Shuvaev. |
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| -This EULA agreement governs your acquisition and use of our IntelliJ DynamoDB software ("Software") directly from IntelliJ DynamoDB or indirectly through a IntelliJ DynamoDB authorized reseller or distributor (a "Reseller"). |
| 5 | +"JetBrains" means JetBrains s.r.o. with its registered office at Na Hrebenech II 1718/10, Prague, 14000, Czech Republic, registered with the Commercial Register kept by the Municipal Court of Prague, Section C, file 86211, ID.Nr.: 265 02 275. |
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| -Please read this EULA agreement carefully before completing the installation process and using the IntelliJ DynamoDB software. It provides a license to use the IntelliJ DynamoDB software and contains warranty information and liability disclaimers. |
| 7 | +"JetBrains Affiliate" means the subsidiary and/or any associated companies of JetBrains. |
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| -If you register for a free trial of the IntelliJ DynamoDB software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the IntelliJ DynamoDB software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement. |
| 9 | +"JetBrains Marketplace" means any platform operated by JetBrains or a JetBrains Affiliate on which JetBrains or a JetBrains Affiliate markets Plugins for JetBrains Products, including the website https://plugins.jetbrains.com and/or any other website or other platform, whether named JetBrains Marketplace, JetBrains Plugins Repository, or otherwise. |
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| -If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement. |
| 11 | +"JetBrains Product" means any software program or service made available by JetBrains. |
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| -This EULA agreement shall apply only to the Software supplied by IntelliJ DynamoDB herewith regardless of whether other software is referred to or described herein. The terms also apply to any IntelliJ DynamoDB updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply. |
| 13 | +"Plugin" means the IntelliJ DynamoDB plugin for JetBrains Product that Developer makes available under this EULA. |
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| -License Grant |
| 15 | +"Plugin Information" means the following information and materials: (a) JetBrains Marketplace Plugin title, tags / category, name(s) of Developer(s), product description, icon, logo or banner images, and any other information related to Plugins; (b) the metadata, graphics, artwork, images, trademarks, trade names, logos and other descriptive or identifying information and materials associated with Developer or appears in connection with Plugin; and (c) in the case of cloud hosted Plugins, an XML/JSON descriptor of Plugin. |
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| -IntelliJ DynamoDB hereby grants you a personal, non-transferable, non-exclusive licence to use the IntelliJ DynamoDB software on your devices in accordance with the terms of this EULA agreement. |
| 17 | +"Plugin Users" means users that are able to access and use Plugin concurrently. |
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| -You are permitted to load the IntelliJ DynamoDB software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the IntelliJ DynamoDB software. |
| 19 | +"You" means an individual or an entity concluding this EULA. |
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| -You are not permitted to: |
| 21 | +This EULA governs the terms of use of Plugin made available to You via JetBrains Marketplace. This EULA is entered into between You and Developer. |
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| -Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things |
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| -Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose |
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| -Allow any third party to use the Software on behalf of or for the benefit of any third party |
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| -Use the Software in any way which breaches any applicable local, national or international law |
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| -use the Software for any purpose that IntelliJ DynamoDB considers is a breach of this EULA agreement |
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| -Intellectual Property and Ownership |
| 23 | +If Plugin is a paid Plugin, you must ensure that the maximum number of Plugin Users does not exceed the number of Plugin Users for which you have purchased Plugin. |
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| -IntelliJ DynamoDB shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of IntelliJ DynamoDB. |
| 25 | +You are authorized to use Plugin in accordance with its documentation provided by Developer and for the period of time specified by Developer. |
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| -IntelliJ DynamoDB reserves the right to grant licences to use the Software to third parties. |
| 27 | +You may not modify, reverse-engineer, decompile, or disassemble Plugin in whole or in part, or create any derivative works from Plugin, or sublicense any rights in Plugin, unless otherwise expressly authorized in writing by Developer. |
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| -Termination |
| 29 | +Plugin is protected by copyright and other intellectual property laws and treaties. Developer or its licensors own all title, copyright and other intellectual property rights in Plugin. |
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| -This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to IntelliJ DynamoDB. |
| 31 | +ALL PLUGINS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES. USE OF PLUGINS IS AT YOUR OWN RISK. DEVELOPER MAKES NO WARRANTY AS TO PLUGIN'S USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPER DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO PLUGINS, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. DEVELOPER DOES NOT WARRANT THAT PLUGINS ARE ACCURATE, RELIABLE, OR CORRECT; THAT PLUGIN MEETS YOUR REQUIREMENTS; THAT PLUGINS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT PLUGINS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. |
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| -It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement. |
| 33 | +IN NO EVENT WILL DEVELOPER BE LIABLE FOR ANY DIRECT OR INDIRECT COSTS, LOSSES, OR DAMAGES ASSOCIATED WITH THE USE OF DEVELOPER'S PLUGINS. |
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| -Governing Law |
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| -This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of us. |
| 35 | +DEVELOPER SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND IN NO EVENT WILL DEVELOPER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF PLUGIN EXCEED THE FEES WHICH YOU PAID VIA JETBRAINS PLUGIN MARKETPLACE SERVICE FOR PLUGINS IN THE THREE-MONTH PERIOD PRECEDING THE CLAIM. THIS LIMITATION WILL APPLY EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF THE LIABILITY EXCEEDING THE AMOUNT AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. JETBRAINS' LIABILITY IS EXCLUDED IN ITS ENTIRETY AS JETBRAINS IS NOT A PARTY TO THE CONTRACTUAL RELATIONSHIP BETWEEN DEVELOPER AND CUSTOMER. |
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