End User License Agreement of BashSupport Pro (“EULA”)
“Developer” means the author of BashSupport Pro: Joachim Ansorg, Am Sonnenrain 76, 79539 Lörrach, Germany.
“JetBrains” means JetBrains s.r.o. with its registered office at Na Hřebenech 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.
“JetBrains Affiliate” means the subsidiary and/or any associated companies of JetBrains.
“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.
“JetBrains Product” means any software program or service made available by JetBrains.
“Plugin” means the Plugin for JetBrains Product that Developer makes available under this EULA.
“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.
“Plugin Users” means users that are able to access and use Plugin concurrently.
“You” means an individual or an entity concluding this EULA.
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.
You are authorized to use Plugin in accordance with its documentation provided by Developer and for the period of time specified by Developer.
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.
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.
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.
IN NO EVENT WILL DEVELOPER BE LIABLE FOR ANY DIRECT OR INDIRECT COSTS, LOSSES, OR DAMAGES ASSOCIATED WITH THE USE OF DEVELOPER’S PLUGINS.
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.