Pre-Release Software Evaluation Agreement

JETBRAINS,INC. ("JETBRAINS") IS WILLING TO LICENSE THE OMEA PRO AND/OR OMEA READER PRE-RELEASE SOFTWARE TO LICENSEE ONLY UPON THE CONDITION THAT LICENSEE ACCEPTS ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, LICENSEE ACCEPTS THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THIS AGREEMENT IN THE PRODUCT INSTALLATION PROGRAM. IF LICENSEE IS NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.

1.0 DEFINITIONS

"Software" means the Omea Pro or Omea Reader pre-release software in binary and/or source code forms, any other machine readable materials(including, but not limited to, source files, header files, and data files) and any user manuals,programming guides and other documentation provided to Licensee by JetBrains under this Agreement.

2.0 LIMITED LICENSE

2.1 Source Code. JetBrains grants to Licensee, a non-exclusive, non-transferable, royalty-free and limited license to view the source code portions of the Software internally for the purposes of evaluation only.

2.2 Binary Code. JetBrains grants to Licensee, a non-exclusive, non-transferable, royalty-free and limited license to use the binary code portions of the Software internally for the purposes of evaluation only.

2.3 No licenses are granted to Licensee for any other purposes, Licensee may not sell, rent, loan or otherwise encumber or transfer Software in whole or in part, to any third party.

3.0 LICENSE RESTRICTIONS

3.1 Licensee may not duplicate Software other than for a single copy of Software for archival purposes only. Licensee agrees to reproduce any copyright and other proprietary right notices on any such copy.

3.2 Except as otherwise provided by law, Licensee may not modify or create derivative works of the Software, or reverse engineer, disassemble or decompile binary portions of the Software, or otherwise attempt to derive the source code from such portions.

3.3 No right, title, or interest in or to Software, any trademarks, service marks, or trade names of JetBrains or JetBrains' licensors is granted under this Agreement.

3.4 Licensee shall have no right to use the Licensed Software for productive or commercial use.

4.0 NO SUPPORT

JetBrains is under no obligation to support Software or to provide Licensee with updates or error corrections (collectively "Software Updates"). If JetBrains, at its sole option, supplies Software Updates to Licensee, the Software Updates will be considered part of Software, and subject to the terms of this Agreement.

5.0 LICENSEE DUTIES

Licensee agrees to evaluate and test the Software for use in Licensee's software environment and provide feedback to JetBrains in a manner reasonably requested by JetBrains. Any and all test results, error data, reports or other information, feedback or materials made or provided by Licensee relating to Software (collectively, "Feedback") are the exclusive property of JetBrains and Licensee hereby assigns all Feedback to JetBrains at no cost to JetBrains. JetBrains may use such Feedback in any manner and for any purpose, without limitation, liability or obligation to Licensee.

6.0 TERM AND TERMINATION OF AGREEMENT

6.1 This Agreement will commence on the date on which Licensee receives Software (the "Effective Date") and will expire sixty (60) days from the Effective Date, unless terminated earlier as provided herein.

6.2 Either party may terminate this Agreement upon ten (10) days' written notice to the other party. However, JetBrains may terminate this Agreement immediately should any Licensed Software become, or in JetBrains' opinion be likely to become, the subject of a claim of infringement of a patent, trade secret or copyright.

6.3 JetBrains may terminate this Agreement immediately should Licensee materially breach any of its provisions or take any action in derogation of JetBrains' rights to the Confidential Information licensed to Licensee.

6.4 Upon termination or expiration of this Agreement, Licensee will immediately cease use of and destroy Licensed Software, any copies thereof and provide to JetBrains a written statement certifying that Licensee has complied with the foregoing obligations.

6.5 Rights and obligations under this Agreement which by their nature should survive, will remain in effect after termination or expiration hereof.

7.0 CONFIDENTIAL INFORMATION

7.1 For purposes of this Agreement, "Confidential Information" means: (i) business and technical information and any source code or binary code, which JetBrains discloses to Licensee related to Software; (ii) Licensee's feedback based on Software; and (iii) the terms, conditions, and existence of this Agreement. Licensee may not disclose or use Confidential Information, except for the purposes specified in this Agreement. Licensee will protect the Confidential Information with the same degree of care, but not less than a reasonable degree of care, as Licensee uses to protect its own Confidential Information. Licensee's obligations regarding Confidential Information will expire no less than five (5) years from the date of receipt of the Confidential Information, except for JetBrains source code which will be protected in perpetuity. Licensee agrees that Software contains JetBrains trade secrets.

7.2 Notwithstanding any provisions contained in this Agreement concerning nondisclosure and non-use of the Confidential Information, the nondisclosure obligations of Section 7.1 will not apply to any portion of Confidential Information that Licensee can demonstrate in writing is: (i) now, or hereafter through no act or failure to act on the part of Licensee becomes, generally known to the general public; (ii) known to Licensee at the time of receiving the Confidential Information without an obligation of confidentiality; (iii) hereafter rightfully furnished to Licensee by a third party without restriction on disclosure; or (iv) independently developed by Licensee without any use of the Confidential Information.

7.3 Licensee must restrict access to Confidential Information to its employees or contractors with a need for this access to perform their employment or contractual obligations and who have agreed in writing to be bound by a confidentiality obligation, which incorporates the protections and restrictions substantially as set forth in this Agreement.

8.0 DISCLAIMER OF WARRANTY

8.1 Licensee acknowledges that Software may contain errors and is not designed, licensed, or intended for use in the design, construction, operation or maintenance of any nuclear facility ("High Risk Activities"). JetBrains disclaims any express or implied warranty of fitness for such uses. Licensee represents and warrants to JetBrains that it will not use, distribute or license the Software for High Risk Activities.

8.2 SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

9.0 LIMITATION OF LIABILITY

9.1 Licensee acknowledges that the Software may be experimental and that the Software may have defects or deficiencies, which cannot or will not be corrected by JetBrains. Licensee will hold JetBrains harmless from any claims based on Licensee's use of the Software for any purposes other than those of internal evaluation, and from any claims that later versions or releases of any Software furnished to Licensee are incompatible with the Licensed Software provided to Licensee under this Agreement.

9.2 To the extent not prohibited by law, in no event will JetBrains be liable for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of this Agreement (including loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether for breach or in tort, even if JetBrains has been previously advised of the possibility of such damage.

10.0 U.S. GOVERNMENT RESTRICTED RIGHTS

If this Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the Software and accompanying documentation shall be only as set forth in this license; this is in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions).

11.0 GENERAL TERMS

JetBrains reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
You agree to abide by the third-party agreements attached hereto. This Agreement, including the third-party agreements, constitutes the entire agreement between the parties concerning Your use of the Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to the Software. No purchase order, other ordering document or any hand written 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 You and JetBrains.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination.
This Agreement will be governed by the laws of Czech Republic, without reference to conflict of laws principles. You agree that any litigation relating to this Agreement may only be brought in, and shall be subject to the jurisdiction of, any Court of Czech Republic.
Titles are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either JetBrains or You may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and assigns.

If You have any questions, please contact JetBrains, Klanova 9/506, Prague, 14700, Czech Republic (Fax: +420 2 617 11 724). You can also use the following e-mail addresses: sales.omea@jetbrains.com or support.omea@jetbrains.com.

License Agreement for Omea Reader by JetBrains

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT DOWNLOAD OR INSTALL THE SOFTWARE, YOU SHOULD NOT USE THE SOFTWARE, AND IF YOU ALREADY DOWNLOADED OR INSTALLED THE SOFTWARE YOU SHOULD REMOVE THE SOFTWARE FROM YOUR SYSTEM AND DESTROY ALL COPIES.

Upon Your acceptance of this License Agreement (the "Agreement"), JetBrains grants to You a non-exclusive and non-transferable license to use the Software, provided that You agree to the following:

1. PARTIES

"JetBrains" means JetBrains s.r.o., a Czech company with its principal offices located at Klanova 506/9, Prague, 14700, Czech Republic.

"You" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this Agreement. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

2. DEFINITIONS

"Software" means the binary code of Omea Reader with its Documentation.

3. GRANT OF LICENSE

The Software is protected by United States Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in the Software are the valuable and confidential trade secrets of JetBrains and its suppliers and are protected by intellectual property laws and treaties. You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws.

Your acceptance of this Agreement gives You certain obligations and limited rights to use the Software as set forth in this Agreement.
You may:

(i) save and use the number of copies of the Software for which the corresponding fee has been paid, and all versions of Software released during the promotional period are free and require only registration. The terms of the promotional period are specified on the JetBrains Web site.

(ii) make one copy of the Software for archival purposes;

You may not:

(iii) sell, redistribute, encumber, give, lend, rent, lease, sublicense, or otherwise transfer the Software, or any portions of the Software, to anyone without the prior written consent of JetBrains;

(iv) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;

(v) install the Software on, or run the Software from a network server;

(vi) run the same copy of the Software concurrently on different computers;

(vii) access or use a different copy of the Software over a network.

For exceptions or modifications to this Agreement, please contact JetBrains.

4. PATENT AND COPYRIGHT INDEMNITY

If You have paid a license fee for the Software, JetBrains will defend and indemnify You for all costs (including reasonable attorneys fees) arising from a claim that Software furnished and used within the scope of this Agreement infringes a U.S. copyright or U.S. patent provided that (i) You notify JetBrains in writing within 30 days of the claim, (ii) JetBrains has sole control of the defense and all related settlement negotiations, and (iii) You provide JetBrains with the assistance, information, and authority necessary to perform the above.

JetBrains will have no liability for any claim of infringement based on (i) code contained within the Software which was not created by JetBrains (ii) use of a superseded or altered release of the Software, except for such alteration(s) or modification(s) which have been made by JetBrains or under JetBrains's direction, if such infringement would have been avoided by the use of a current, unaltered release of the Software that JetBrains provides to You, or (iii) the combination, operation, or use of any Software furnished under this Agreement with programs or data not furnished by JetBrains if such infringement would have been avoided by the use of the Software without such programs or data.

In the event the Software is held or believed by JetBrains to infringe, or Your use of the Software is enjoined, JetBrains will have the option, at its expense, to (i) modify the Software to cause it to become non-infringing, (ii) obtain for You a license to continue using the Software, (iii) substitute the Software with other Software reasonably suitable to You, or (iv) if none of the foregoing remedies are commercially feasible, terminate the license for the infringing Software and refund any license fees paid for the Software, prorated over a three-year term from the effective date of the Agreement. This Section states JetBrains's entire liability for infringement.

5. LIMITED WARRANTY

EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM 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 THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION

6. DISCLAIMER OF DAMAGES

REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL JETBRAINS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF JETBRAINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

IN ANY CASE, JETBRAINS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. TERMINATION

If You fail to comply with the terms and conditions of this Agreement, JetBrains may terminate this Agreement and Your right and license to use the Software. You may terminate this Agreement at any time by notifying JetBrains. Upon the termination of this Agreement, You must delete the Software from Your computer and archives.

YOU AGREE THAT UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, JETBRAINS MAY TAKE ACTIONS SO THAT THE SOFTWARE NO LONGER OPERATES.

8. MARKETING

You agree to be identified as a customer of JetBrains and You agree that JetBrains may refer to You by name, trade name and trademark, if applicable, and may briefly describe Your business in JetBrains' marketing materials and web site. You hereby grant JetBrains a license to use Your name and any of Your trade names and trademarks solely in connection with the rights granted to JetBrains pursuant to this marketing section.

9. GENERAL

You agree to abide by the third-party agreements attached hereto. This Agreement, including the third-party agreements, constitutes the entire agreement between the parties concerning Your use of the Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to the Software. No purchase order, other ordering document or any hand written 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 You and JetBrains.

A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination.

This Agreement will be governed by the laws of Czech Republic, without reference to conflict of laws principles. You agree that any litigation relating to this Agreement may only be brought in, and shall be subject to the jurisdiction of, any Court of Czech Republic.

Titles are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either JetBrains or You may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and assigns.

If You have any questions, please contact JetBrains, Klanova 506/9, Prague, 14700, Czech Republic (fax: +420-261 711 724).

You can also use the following e-mail addresses: sales.omea@jetbrains.com or support.omea@jetbrains.com.

License Agreement for Omea Pro by JetBrains

IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU (AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT DOWNLOAD OR INSTALL THE SOFTWARE, YOU SHOULD NOT USE THE SOFTWARE, AND IF YOU ALREADY DOWNLOADED OR INSTALLED THE SOFTWARE YOU SHOULD REMOVE THE SOFTWARE FROM YOUR SYSTEM AND DESTROY ALL COPIES.

Upon Your acceptance of this License Agreement (the "Agreement"), JetBrains grants to You a non-exclusive and non-transferable license to use the Software, provided that You agree to the following:

1. PARTIES

"JetBrains" means JetBrains s.r.o., a Czech company with its principal offices located at Klanova 506/9, Prague, 14700, Czech Republic.

"You" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this Agreement. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

2. DEFINITIONS

"Software" means the binary code of Omea Pro with its Documentation.

"License Key" means a key-code enabling You to use the Software on a single machine.

"Number of Authorized Copies" means the number of copies of the Software specified in your License Certificate and for which a corresponding fee has been paid.

"License Certificate" means an electronic certificate issued to You by JetBrains to specify the Authorized Copies Number and to provide you with the License Key(s).

3. GRANT OF LICENSE

The Software is the property of JetBrains or its suppliers. The Software is licensed, not sold. Title and copyrights to the Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of JetBrains and its suppliers.

The Software is protected by United States Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in the Software are the valuable and confidential trade secrets of JetBrains and its suppliers and are protected by intellectual property laws and treaties. You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws.

Your acceptance of this Agreement gives You certain obligations and limited rights to use the Software as set forth in this Agreement.

You may:

(i) install and use the Software on the number of Your computers that never exceeds the Number of Authorized Copies;

(ii) make one copy of the Software for archival purposes.

You may not:

(iii) sell, redistribute, encumber, give, lend, rent, lease, sublicense, or otherwise transfer the Software, or any portions of the Software, to anyone without the prior written consent of JetBrains;

(iv) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;

(v) use the Software with the same License Key on different computers.

4. RESTRICTED USE DURING EVALUATION PERIOD

You have a nonexclusive, nontransferable license to load and execute the unregistered copy of Software for a period of thirty (30) days. (the "Evaluation Period")

The unregistered copy of Software may be used for evaluation and testing purposes only and not for general commercial use.
Customer must pay a license fee for the Software to obtain the right to use the Software for general commercial use and(or) for unlimited period.

The unregistered copy of Software contains a feature that will automatically disable the Software in thirty (30) days after sending the evaluation key to you. If you agree to this JetBrains License Agreement and pay the license fee, JetBrains will deactivate this feature. JetBrains will have no liability to you if the Software is disabled by this feature. You may not disable, destroy, or remove this feature of the Software, and any attempt to do so will terminate your license and rights under this Agreement.

5. PATENT AND COPYRIGHT INDEMNITY

JetBrains will defend and indemnify You for all costs (including reasonable attorneys fees) arising from a claim that Software furnished and used within the scope of this Agreement infringes a U.S. copyright or U.S. patent provided that (i) You notify JetBrains in writing within 30 days of the claim, (ii) JetBrains has sole control of the defense and all related settlement negotiations, and (iii) You provide JetBrains with the assistance, information, and authority necessary to perform the above.

JetBrains will have no liability for any claim of infringement based on (i) code contained within the Software which was not created by JetBrains (ii) use of a superseded or altered release of the Software, except for such alteration(s) or modification(s) which have been made by JetBrains or under JetBrains's direction, if such infringement would have been avoided by the use of a current, unaltered release of the Software that JetBrains provides to You, or (iii) the combination, operation, or use of any Software furnished under this Agreement with programs or data not furnished by JetBrains if such infringement would have been avoided by the use of the Software without such programs or data.

In the event the Software is held or believed by JetBrains to infringe, or Your use of the Software is enjoined, JetBrains will have the option, at its expense, to (i) modify the Software to cause it to become non-infringing, (ii) obtain for You a license to continue using the Software, (iii) substitute the Software with other Software reasonably suitable to You, or (iv) if none of the foregoing remedies are commercially feasible, terminate the license for the infringing Software and refund any license fees paid for the Software, prorated over a three-year term from the effective date of the Agreement. This Section states JetBrains's entire liability for infringement.

6. LIMITED WARRANTY

If You have paid a license fee for the Software, then for a period of thirty (30) days from the date of receipt of the Software, JetBrains warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by JetBrains will be free from defects in materials and workmanship.

JetBrains', and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at JetBrains' option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet JetBrains' Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional thirty (30) days. Outside the United States, neither these remedies nor any product support services offered by JetBrains are available without proof of purchase from an authorized international source.

EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM 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 THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION

7. DISCLAIMER OF DAMAGES

8. U.S. GOVERNMENT RESTRICTED RIGHTS

This Software is provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, and successor thereof, as applicable. Manufacturer is JetBrains, Klanova 506/9, Prague, 14700, Czech Republic.

9. TERMINATION

10. MARKETING

11. GENERAL

JetBrains reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.

You agree to abide by the third-party agreements attached hereto. This Agreement, including the third-party agreements, constitutes the entire agreement between the parties concerning Your use of the Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to the Software. No purchase order, other ordering document or any hand written 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 You and JetBrains.

A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination.

This Agreement will be governed by the laws of Czech Republic, without reference to conflict of laws principles. You agree that any litigation relating to this Agreement may only be brought in, and shall be subject to the jurisdiction of, any Court of Czech Republic.

Titles are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either JetBrains or You may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and assigns.

For exceptions or modifications to this Agreement, please contact JetBrains at:

Address: Klanova 506/9, Prague, 14700, Czech Republic (fax: +420-261711724)

You can also use the following e-mail addresses: sales.omea@jetbrains.com or support.omea@jetbrains.com.