Grant of Rights. 3.1. The Product is provided on a per-seat basis. If Customer complies with the terms of this Agreement, Cus- tomer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrains. 3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 12, and subject to the terms and conditions specified herein, JetBrains grants Customer a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription as stipulated below: (A) Customer may: (i) Install and use any version of the Product covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product; and (ii) Make one backup copy of the Product solely for archival/security backup purposes. (B) Customer may not: (i) Allow the same Toolbox Subscription to be used concurrently by more than one (1) User; (ii) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product; (iii) Provide access to the Product, Customer’s JetBrains Account or the right to use the Product to a third party; (iv) Reverse engineer, decompile, disassemble, modify, or 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. Following the expiration of this Agreement, the rights stipulated in Section 3.2(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.5. The rights granted in this Section 3.3 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption. 3.4. Customer acknowledges that no ownership right is conveyed to Customer under this Agreement, irrespective of the use of terms such as “purchase” or “sale”. JetBrains has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below).
Appears in 6 contracts
Samples: Toolbox Subscription Agreement, Toolbox Subscription Agreement, Toolbox Subscription Agreement
Grant of Rights. 3.1. The Product is provided to Product Holder on a per-seat ‘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 Customer complies 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, Cus- tomer has JetBrains grants to Product Holder and User the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired set out in relation this Section 3 to the Product are limited to those extent necessary to enable Customer Product Holder and its Users User to effectively operate use the Product(s)Product. All other rights remain reserved to by JetBrains.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 1213, and subject to the terms and conditions specified hereinin this Agreement, JetBrains grants Customer a you the non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription as stipulated below:
(A) Customer You may:
(i) Install install and use any version of the Product covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product; and
(ii) Make make one backup copy of the Product solely for archival/security , security, and/or backup purposes.
(B) Customer You may not:
(i) Allow allow the same Toolbox 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) Rentrent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product;
(iii) Provide provide a third party with access to the ProductProduct or your JetBrains Account, Customer’s JetBrains Account or the right to use the Product to a third partyProduct;
(iv) Reverse reverse-engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Product; or
(v) Remove remove or obscure any proprietary or other notices contained in the Product.
3.3. Following the expiration of this Agreement, the rights stipulated in Section 3.2(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.5. The rights granted in this Section 3.3 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.4. Customer acknowledges that no ownership right is conveyed to Customer under this Agreement, irrespective of the use of terms such as “purchase” or “sale”. JetBrains has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below).
Appears in 6 contracts
Samples: User Agreement, User Agreement, User Agreement
Grant of Rights. 3.1. The Product is provided on a per-seat basis. If Customer complies with the terms of this Agreement, Cus- tomer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrains.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 1210, and subject to the terms and conditions specified herein, JetBrains grants Customer You a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription for non-commercial, educational purposes only (including conducting academic research or providing educational services) for a period of 1 (one) year as stipulated belowfollows:
(A) Customer You may:
(i) Install and use any version of the Product covered by the Toolbox Subscription and listed at xxxxx://xxx.xxxxxxxxx. com/student on any number of Clients and on any operating system supported by the Product; use software for non- commercial, educational purposes only, including conducting academic research or providing educational services; and
(ii) Make one backup copy of the Product solely for archivalarchival purposes/security backup purposesbackup.
(B) Customer You may not:
(i) Allow the same Toolbox Subscription to be used concurrently by more than one (1) User;
(ii) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sell or transfer the Product;
(iiiii) Provide access to the Product, Customer’s Product or Your JetBrains Account or the right to use the Product to a third party;
(iviii) Reverse engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Product; or;
(viv) Remove or obscure any proprietary or other notices contained in the Product; or
(v) Use Products for any commercial purposes.
3.3. Following the expiration of this Agreement, the rights stipulated in Section 3.2(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.5. The rights granted in this Section 3.3 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.43.2. Customer acknowledges that no ownership right is conveyed to the Customer under this Agreement, irrespective irrespec- tive of the use of terms such as “«purchase” » or “«sale”. .» JetBrains has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications mod- ifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below).
3.3. 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 3.1-3.2:
(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 appli- cable 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 Customer and JetBrains and that such third party is bound by the agreement prior to the use of any such Redistributable Prod- uct. 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.
3.4. Your access to and use of the Products is conditional on Your status as a student or instructor. The Customer:
(A) agrees to immediately discontinue use of all JetBrains Toolbox Products, if the Customer ceases to be a student or an instructor; and
(B) warrants that the information Customer provides to JetBrains about the Customer’s status as a student or in- structor is complete and accurate. This includes the use of legally valid and verifiable names and personal details.
Appears in 6 contracts
Samples: Toolbox Subscription Agreement, Toolbox Subscription Agreement, Toolbox Subscription Agreement
Grant of Rights. 3.1. The Product is provided on a per-seat basis. If Customer complies with the terms of this Agreement, Cus- tomer Customer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrains.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 12, and subject to the terms and conditions specified herein, JetBrains grants Customer a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription as stipulated below:
(A) Customer may:
(i) Install and use any version of the Product covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product; and
(ii) Make one backup copy of the Product solely for archival/security backup purposes.
(B) Customer may not:
(i) Allow the same Toolbox Subscription to be used concurrently by more than one (1) User;
(ii) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product;
(iii) Provide access to the Product, Customer’s JetBrains Account or the right to use the Product to a third party;
(iv) Reverse engineer, decompile, disassemble, modify, or 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. Following the expiration of this Agreement, the rights stipulated in Section 3.2(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.5. The rights granted in this Section 3.3 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.4. Customer acknowledges that no ownership right is conveyed to Customer under this Agreement, irrespective of the use of terms such as “purchase” or “sale”. JetBrains has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below).
3.5. 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 3.2-3.4:
(A) You may:
(i) use the Redistributable Product without the quantitative restrictions provided in Sections 3.1 and 3.2(B)(i), 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 Customer 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.
Appears in 5 contracts
Samples: Toolbox Subscription Agreement, Toolbox Subscription Agreement, Toolbox Subscription Agreement
Grant of Rights. 3.1. The Product is provided on a per-seat basis. If Customer complies with the terms of this Agreement, Cus- tomer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrains.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 1210, and subject to the terms and conditions specified herein, JetBrains grants Customer You a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription for non-commercial, educational purposes only (including conducting academic research or providing educational services) for a period of 1 (one) year as stipulated below:
follows: (A) Customer You may:
: (i) Install and use any version of the Product covered by the Toolbox Subscription and listed at xxxxx://xxx.xxxxxxxxx.xxx/student on any number of Clients and on any operating system supported by the Product; and
use software for non-commercial, educational purposes only, including conducting academic research or providing educational services; and (ii) Make one backup copy of the Product solely for archivalarchival purposes/security backup purposesbackup.
(B) Customer You may not:
: (i) Allow the same Toolbox Subscription to be used concurrently by more than one (1) User;
(ii) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sell or transfer the Product;
; (iiiii) Provide access to the Product, Customer’s Product or Your JetBrains Account or the right to use the Product to a third party;
; (iviii) Reverse engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Product; or
(viv) Remove or obscure any proprietary or other notices contained in the Product; or (v) Use Products for any commercial purposes.X
3.3. Following the expiration of this Agreement, the rights stipulated in Section 3.2(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.5. The rights granted in this Section 3.3 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.43.2. Customer acknowledges that no ownership right is conveyed to the Customer under this Agreement, irrespective of the use of terms such as “«purchase” » or “«sale”. .» JetBrains has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below).
3.3. 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 3.1-3.2: (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 Customer 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.
3.4. Your access to and use of the Products is conditional on Your status as a student or instructor. The Customer: (A) agrees to immediately discontinue use of all JetBrains Toolbox Products, if the Customer ceases to be a student or an instructor; and (B) warrants that the information Customer provides to JetBrains about the Customer’s status as a student or instructor is complete and accurate. This includes the use of legally valid and verifiable names and personal details.
Appears in 5 contracts
Samples: Toolbox Subscription Agreement, Toolbox Subscription Agreement, Toolbox Subscription Agreement
Grant of Rights. 3.1. The Product is provided to Customer on a per-seat ‘per user’ basis, where Customer 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 5.3), the Product is provided to Customer 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 Customer complies with the terms of this Agreement, Cus- tomer has JetBrains grants to Customer the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired set out in relation this Section 3 to the Product are limited to those extent necessary to enable Customer and its their Users to effectively operate use the Product(s)Product. All other rights remain reserved to by JetBrains.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 12, and subject to the terms and conditions specified hereinin this Agreement, JetBrains grants Customer a the non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription as stipulated below:
(A) Customer may:
(i) Install install and use any version of the Product covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product; and
(ii) Make make one backup copy of the Product solely for archival/security , security, and/or backup purposes.
(B) Customer may not:
(i) Allow allow the same Toolbox Subscription to be used concurrently by more than one (1) User, unless the Product is provided via a Floating License Server as specified in Section 5.3.(C);
(ii) Rentrent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product;
(iii) Provide provide a third party with access to the Product, Product or Customer’s JetBrains Account Account, or the right to use the Product to a third partyProduct;
(iv) Reverse reverse engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Product; or
(v) Remove remove or obscure any proprietary or other notices contained in the Product.
3.3. Following the expiration of this Agreement, the rights stipulated in Section 3.2(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply to the usage of the Fallback Version, as shall does Section 12.5. The rights granted in this Section 3.3 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer in full and without interruption.
3.4. Customer acknowledges that no ownership right is rights are conveyed to Customer under this Agreement, irrespective of the use of terms such as “‘purchase” ’ or “‘sale”’. JetBrains has and retains all rights, title title, and interest, including all intellectual property rights, in and to the Products and Products, any and all related or underlying technology, and any modifications or derivative works thereofof the Products, including without limitation as they may incorporate Feedback (as defined below).
3.5. 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 3.2-3.4, unless specified otherwise in the terms relating to the use of the particular Redistributable Product:
(A) You may:
(i) use the Redistributable Product without the quantitative restrictions set out in Sections 3.1 and 3.2(B)(i);
(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 Customer 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.
Appears in 5 contracts
Samples: Toolbox Subscription Agreement, Toolbox Subscription Agreement, Toolbox Subscription Agreement
Grant of Rights. 3.1. The Product is provided on a per-seat basis. If Customer complies with the terms of this Agreement, Cus- tomer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrains.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 12, and subject to the terms and conditions specified herein, JetBrains grants Customer You a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription as stipulated belowfollows:
(A) Customer You may:
(i) Install and use any version of the Product covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product; and;
(ii) Make one backup copy of the Product solely for archival/security backup purposes.
(B) Customer You may not:
(i) Allow the same Toolbox Subscription to be used concurrently by more than one (1) User;
(ii) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sell or transfer the Product;
(iiiii) Provide access to the Product, Customer’s Product or Your JetBrains Account or the right to use the Product to a third party;
(iviii) Reverse engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Product; or
(viv) Remove or obscure any proprietary or other notices contained in the Product.
3.33.2. Following the expiration of this Agreement, the rights stipulated in Section 3.2(A3.1(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(BSection 3.1(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.5. The rights granted in this Section 3.3 3.2 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.3. This subscription is only for natural persons who are purchasing a subscription to Products using only their own funds. Notwithstanding anything to the contrary set forth herein, You may not use any of the Products, and this grant of rights shall not be in effect, in the event that You do not pay Toolbox Subscription fees using Your own funds. If any third party pays the Toolbox Subscription fees or if You expect or receive reimbursement for those fees from any third party, this grant of rights shall be invalid and void.
3.4. Customer acknowledges that no ownership right is conveyed to Customer under this AgreementYou, irrespective of the use of terms such as “purchase” or “sale”. .” JetBrains has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below).
Appears in 5 contracts
Samples: Toolbox Subscription Agreement, Toolbox Subscription Agreement, Toolbox Subscription Agreement
Grant of Rights. 3.1. The Product is provided to Customer on a per-seat ‘per user’ basis, where Customer 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 5.3), the Product is provided to Customer 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 Customer complies with the terms of this Agreement, Cus- tomer has JetBrains grants to Customer the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired set out in relation this Section 3 to the Product are limited to those extent necessary to enable Customer and its their Users to effectively operate use the Product(s)Product. All other rights remain reserved to by JetBrains.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 12, and subject to the terms and conditions specified hereinin this Agreement, JetBrains grants Customer a the non-exclusive and non-non- transferable right to use each Product covered by the Toolbox Subscription as stipulated below:
(A) Customer may:
(i) Install install and use any version of the Product covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product; and
(ii) Make make one backup copy of the Product solely for archival/security , security, and/or backup purposes.
(B) Customer may not:
(i) Allow allow the same Toolbox Subscription to be used concurrently by more than one (1) User, unless the Product is provided via a Floating License Server as specified in Section 5.3.(C);
(ii) Rentrent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product;
(iii) Provide provide a third party with access to the Product, Product or Customer’s JetBrains Account Account, or the right to use the Product to a third partyProduct;
(iv) Reverse reverse engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Product; or
(v) Remove remove or obscure any proprietary or other notices contained in the Product.
3.3. Following the expiration of this Agreement, the rights stipulated in Section 3.2(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply to the usage of the Fallback Version, as shall does Section 12.5. The rights granted in this Section 3.3 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer in full and without interruption.
3.4. Customer acknowledges that no ownership right is rights are conveyed to Customer under this Agreement, irrespective of the use of terms such as “‘purchase” ’ or “‘sale”’. JetBrains has and retains all rights, title title, and interest, including all intellectual property rights, in and to the Products and Products, any and all related or underlying technology, and any modifications modifica- tions or derivative works thereofof the Products, including without limitation as they may incorporate Feedback (as defined below).
3.5. 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 3.2-3.4, unless specified otherwise in the terms relating to the use of the particular Redistributable Product:
(A) You may:
(i) use the Redistributable Product without the quantitative restrictions set out in Sections 3.1 and 3.2(B)(i);
(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 Customer 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.
Appears in 4 contracts
Samples: Toolbox Subscription Agreement, Toolbox Subscription Agreement, Toolbox Subscription Agreement
Grant of Rights. 3.1. The Product is provided on a per-seat basis. If Customer complies with the terms of this Agreement, Cus- tomer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrains.
3.2. Unless the Toolbox Subscription 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 Customer you a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription as stipulated belowfollows:
(A) Customer may:
(i) Install and You may use any version of the Product covered by the Toolbox Subscription on any a number of Clients and on any operating system supported by the Product; and
(ii) Make one backup copy of the as may be specified in relevant Product solely for archival/security backup purposes.documentation;
(B) Customer 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) Allow the same Toolbox Subscription to be used concurrently by more than one (1) User;
(ii) Rentrent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sell or transfer the Product;
(iiiii) Provide provide access to the Product, Customer’s Domain, or your JetBrains Account or the right to use the Product (except as may be expressly provided in the Product documentation) to a third party;
(iviii) Reverse reverse engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, of the Product; or;
(viv) Remove 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.
3.33.2. Following If an independent module of the expiration 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 Agreement, clause.
(B) You hereby agree to ensure that the rights stipulated in Section 3.2(A) shall continue on a perpetual, royalty-free, non-exclusive, and non-transferable basis for the continued use of any Redistributable Product you reproduce, redistribute or provide access to, to a Fallback Version of each Product covered 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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply agreement prior to the usage use of any such Redistributable Product. JetBrains is the Fallback Version, as shall Section 12.5exclusive owner and exclusive licensor of any Redistributable Product. The rights granted You acknowledge that you are liable to JetBrains for any loss or damages in this Section 3.3 are expressly contingent upon Customer not being in connection with the breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruptionsection.
3.4. Customer acknowledges that no ownership right is conveyed to Customer under this Agreement, irrespective of the use of terms such as “purchase” or “sale”. JetBrains has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below).
Appears in 4 contracts
Samples: User Agreement, User Agreement, User Agreement
Grant of Rights. 3.1. The Product is provided on a per-seat basis. If Customer complies with the terms of this Agreement, Cus- tomer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrains.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 1210, and subject to the terms and conditions specified herein, JetBrains grants Customer You a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription for a period of 1 (one) year as stipulated belowfollows:
(A) Customer You may:
(i) Install and use any version of the Product covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product; allow Authorized Users to use the Product solely for the purpose of the development of non-commercial open source projects that meet the Open Source Definition at xxxx://xxx. xxxxxxxxxx.xxx/xxxx/xxx. The right to use the Product for any other purposes is expressly prohibited; and
(ii) Make one backup copy of the Product solely for archival/security backup purposes.
(B) Customer You may not:
(i) Allow the same Toolbox Subscription to be used concurrently by more than one (1) User;
(ii) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sell or transfer the Product;
(iiiii) Provide access to the Product, Customer’s Product or Your JetBrains Account or the right to use the Product to a third party;
(iviii) Reverse engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Product; or;
(viv) Remove or obscure any proprietary or other notices contained in the Product; or
(v) Use Products for any commercial purposes.
3.3. Following the expiration of this Agreement, the rights stipulated in Section 3.2(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.5. The rights granted in this Section 3.3 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.43.2. Customer acknowledges that no ownership right is conveyed to Customer under this Agreement, irrespective of the use of terms such as “purchase” or “sale”. .” JetBrains has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below).
Appears in 4 contracts
Samples: Toolbox Subscription Agreement, Toolbox Subscription Agreement, Toolbox Subscription Agreement
Grant of Rights. 3.1. The Product is provided on a per-seat basis. If Customer complies with the terms of this Agreement, Cus- tomer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrains.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 1210, and subject to the terms and conditions specified herein, JetBrains grants Customer You a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription for a period of 1 (one) year as stipulated belowfollows:
(A) Customer You may:
(i) Install and use any version of the Product covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product; allow Authorized Users to use the Product solely for the purpose of the development of non-commercial open source projects that meet the Open Source Definition at xxxx://xxx.xxxxxxxxxx.xxx/docs/osd. The right to use the Product for any other purposes is expressly prohibited; and
(ii) Make one backup copy of the Product solely for archival/security backup purposes.
(B) Customer You may not:
(i) Allow the same Toolbox Subscription to be used concurrently by more than one (1) User;
(ii) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sell or transfer the Product;
(iiiii) Provide access to the Product, Customer’s Product or Your JetBrains Account or the right to use the Product to a third party;
(iviii) Reverse engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Product; or;
(viv) Remove or obscure any proprietary or other notices contained in the Product; or
(v) Use Products for any commercial purposes.
3.3. Following the expiration of this Agreement, the rights stipulated in Section 3.2(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.5. The rights granted in this Section 3.3 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.43.2. Customer acknowledges that no ownership right is conveyed to Customer under this Agreement, irrespective of the use of terms such as “purchase” or “sale”. .” JetBrains has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below).
3.3. Customer agrees to comply with the terms of this Agreement, and to take reasonable measures to prevent use of Products in an inappropriate manner by Authorized Users or access to Products by unauthorized users.
3.4. 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 3.1-3.3:
(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 Customer 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.
Appears in 4 contracts
Samples: Toolbox Subscription Agreement, Toolbox Subscription Agreement, Toolbox Subscription Agreement
Grant of Rights. 3.1. The Product is provided to Customer on a per-seat ‘per user’ basis. If , where Customer complies must assign a Subscription to a specific Authorized User who may deploy the Product on multiple Machines in accordance with the terms of this Agreement, Cus- tomer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrainsdocumentation.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 1210, and subject to the terms and conditions specified hereinin this Agreement, JetBrains grants Customer a the non-exclusive and non-non- transferable right to use each Product covered by the Toolbox Subscription for a period of 1 (one) year as stipulated below:
(A) Customer may:
(i) Install install and use any version of the Product covered by the Toolbox Subscription on any number of Clients Machines and on any operating system supported by the Product;
(ii) allow Authorized Users to use the Product solely in support of classroom instruction of students (the right to use the Product for any other purposes is expressly prohibited);
(iii) allow Authorized Users to install and use the Product for homework at their residences on personally owned computers, provided that they agree to all the provisions of this Agreement; and
(iiiv) Make make one backup copy of the Product solely for archival/security , security, and/or backup purposes.
(B) Customer may not:
(i) Allow allow the same Toolbox Subscription to be used concurrently by more than one (1) Authorized User;
(ii) Rentrent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product;
(iii) Provide provide a third party with access to the Product, Product or Customer’s JetBrains Account Account, or the right to use the Product to a third partyProduct;
(iv) Reverse reverse engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Product; or;
(v) Remove remove or obscure any proprietary or other notices contained in the Product; or
(vi) use the Product for any commercial purposes.
3.3. Following the expiration of this Agreement, the rights stipulated in Section 3.2(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.5. The rights granted in this Section 3.3 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.4. Customer acknowledges that no ownership right is rights are conveyed to Customer under this Agreement, irrespective of the use of terms such as “‘purchase” ’ or “‘sale”’. JetBrains has and retains all rights, title title, and interest, including all intellectual property rights, in and to the Products and Products, any and all related or underlying technology, and any modifications modifica- tions or derivative works thereofof the Products, including without limitation as they may incorporate Feedback (as defined below).
3.4. Customer agrees to take reasonable measures to prevent the use of Product in an inappropriate manner by Authorized Users, and/or access to Product by unauthorized users.
3.5. 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 3.1-3.3, unless specified otherwise in the terms relating to the use of the particular Redistributable Product:
(A) You may:
(i) use the Redistributable Product without the quantitative restrictions set out in Sections 3.1 and 3.2(B)(i);
(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 Customer 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.
Appears in 4 contracts
Samples: Toolbox Subscription Agreement, Toolbox Subscription Agreement, Toolbox Subscription Agreement
Grant of Rights. 3.1. The Product is provided on a per-seat basis. If Customer complies with the terms of this Agreement, Cus- tomer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrains.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 12, and subject to the terms and conditions specified herein, JetBrains grants Customer You a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription as stipulated belowfollows:
(A) Customer You may:
(i) Install and use any version of the Product covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product; and;
(ii) Make one backup copy of the Product solely for archival/security backup purposes.
(B) Customer You may not:
(i) Allow the same Toolbox Subscription to be used concurrently by more than one (1) User;
(ii) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sell or transfer the Product;
(iiiii) Provide access to the Product, Customer’s Product or Your JetBrains Account or the right to use the Product to a third party;
(iviii) Reverse engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Product; or
(viv) Remove or obscure any proprietary or other notices contained in the Product.
3.33.2. Following the expiration of this Agreement, the rights stipulated in Section 3.2(A3.1(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(BSection 3.1(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.5. The rights granted in this Section 3.3 3.2 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.3. This subscription is only for natural persons who are purchasing a subscription to Products using only their own funds. Notwithstanding anything to the contrary set forth herein, You may not use any of the Products, and this grant of rights shall not be in effect, in the event that You do not pay Toolbox Subscription fees using Your own funds. If any third party pays the Toolbox Subscription fees or if You expect or receive reimbursement for those fees from any third party, this grant of rights shall be invalid and void.
3.4. Customer acknowledges that no ownership right is conveyed to Customer under this AgreementYou, irrespective of the use of terms such as “purchase” or “sale”. .” JetBrains has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below).
3.5. 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 3.1-3.4:
(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 Customer 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.
Appears in 4 contracts
Samples: Toolbox Subscription Agreement, Toolbox Subscription Agreement, Toolbox Subscription Agreement
Grant of Rights. 3.1. The Product is provided on a per-seat basis. If Customer complies with the terms of this Agreement, Cus- tomer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrains.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 1213, and subject to the terms and conditions specified herein, JetBrains grants Customer You a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription as stipulated belowfollows:
(A) Customer You may:
(i) Install Use any version of the Product(s) covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product(s); and
(ii) Make one backup copy of the Product(s) solely for archival/security backup purposes.
(B) You may not:
(i) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product(s);
(ii) Provide access to the Product(s) or Your JetBrains Account or right to use the Product(s) to a third party;
(iii) Reverse-engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source code of, the Product(s); or
(iv) Remove or obscure any proprietary or other notices contained in the Product(s).
3.2. Unless this Agreement is terminated in accordance with Section 13, and subject to the terms and conditions specified herein, JetBrains grants You a non-exclusive and non-transferable right to use each Product not covered by the Toolbox Subscription as follows:
(A) You may:
(i) Use any version of the Product not covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product; and
(ii) Make one backup copy of the Product solely for archival/security backup purposes.
(B) Customer You may not:
(i) Allow the same Toolbox Subscription to be used concurrently by more than one (1) User;
(ii) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product;
(iiiii) Provide access to the Product, Customer’s Product or Your JetBrains Account or the right to use the Product to a third party;
(iviii) Reverse Reverse-engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Product; or
(viv) Remove or obscure any proprietary or other notices contained in the Product.
3.3. Following the expiration of this Agreement, you may be granted access to the Fallback Version of a Product covered by the Toolbox Subscription of the Product Holder. In that case, the rights stipulated in Section 3.2(A3.1(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(BSection 3.1(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.513.5. The rights granted in this Section 3.3 are expressly contingent upon Customer User not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.4. Customer acknowledges that no ownership right This Agreement covers Products not covered by the Toolbox Subscription only if such Products are not covered by their own specific agreements or terms of use.
3.5. If an independent module of the Product or the Product as a whole is conveyed a Redistributable Product, the following provisions shall apply in addition to Customer under this Agreement, irrespective of Sections 3.1-3.4:
(A) You may:
(i) use the Redistributable Product without quantitative restrictions unless specified otherwise in the terms relating to the use of terms 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 appli- cable 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 “purchase” or “sale”a User and JetBrains and that such third party is bound by the agreement prior to the use of any such Redistributable Product. JetBrains has is the exclusive owner and retains all rights, title and interest, including all intellectual property rights, exclusive licensor of any Redistributable Product. You acknowledge that you are liable to JetBrains for any loss or damages in and to connection with the Products and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below)breach of this section.
Appears in 3 contracts
Samples: User Agreement, User Agreement, User Agreement
Grant of Rights. 3.1. The Product is provided to Customer on a per-seat ‘per user’ basis. If , where Customer complies must assign a Subscription to a specific Authorized User who may deploy the Product on multiple Machines in accordance with the terms of this Agreement, Cus- tomer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrainsdocumentation.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 1210, and subject to the terms and conditions specified hereinin this Agreement, JetBrains grants Customer a the non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription for a period of 1 (one) year as stipulated below:
(A) Customer may:
(i) Install install and use any version of the Product covered by the Toolbox Subscription on any number of Clients Machines and on any operating system supported by the Product;
(ii) allow Authorized Users to use the Product solely in support of classroom instruction of students (the right to use the Product for any other purposes is expressly prohibited);
(iii) allow Authorized Users to install and use the Product for homework at their residences on personally owned computers, provided that they agree to all the provisions of this Agreement; and
(iiiv) Make make one backup copy of the Product solely for archival/security , security, and/or backup purposes.
(B) Customer may not:
(i) Allow allow the same Toolbox Subscription to be used concurrently by more than one (1) Authorized User;
(ii) Rentrent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product;
(iii) Provide provide a third party with access to the Product, Product or Customer’s JetBrains Account Account, or the right to use the Product to a third partyProduct;
(iv) Reverse reverse engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Product; or;
(v) Remove remove or obscure any proprietary or other notices contained in the Product; or
(vi) use the Product for any commercial purposes.
3.3. Following the expiration of this Agreement, the rights stipulated in Section 3.2(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.5. The rights granted in this Section 3.3 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.4. Customer acknowledges that no ownership right is rights are conveyed to Customer under this Agreement, irrespective of the use of terms such as “‘purchase” ’ or “‘sale”’. JetBrains has and retains all rights, title title, and interest, including all intellectual property rights, in and to the Products and Products, any and all related or underlying technology, and any modifications or derivative works thereofof the Products, including without limitation as they may incorporate Feedback (as defined below).
3.4. Customer agrees to take reasonable measures to prevent the use of Product in an inappropriate manner by Authorized Users, and/or access to Product by unauthorized users.
3.5. 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 3.1-3.3, unless specified otherwise in the terms relating to the use of the particular Redistributable Product:
(A) You may:
(i) use the Redistributable Product without the quantitative restrictions set out in Sections 3.1 and 3.2(B)(i);
(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 Customer 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.
Appears in 3 contracts
Samples: Toolbox Subscription Agreement, Toolbox Subscription Agreement, Toolbox Subscription Agreement
Grant of Rights. 3.1. The Product is provided on a per-seat basis. If Customer complies with the terms of this Agreement, Cus- tomer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrains.
3.2. Unless the Toolbox Subscription 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 Customer you a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription as stipulated belowfollows:
(A) Customer may:
(i) Install and You may use any version of the Product covered by the Toolbox Subscription on any a number of Clients and on any operating system supported by the Product; and
(ii) Make one backup copy of the as may be specified in relevant Product solely for archival/security backup purposes.documentation;
(B) Customer 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) Allow the same Toolbox Subscription to be used concurrently by more than one (1) User;
(ii) Rentrent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sell or transfer the Product;
(iiiii) Provide provide access to the Product, Customer’s Domain, or your JetBrains Account or the right to use the Product (except as may be expressly provided in the Product documentation) to a third party;
(iviii) Reverse reverse engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, of the Product; or;
(viv) Remove 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.
3.33.2. Following If an independent module of the expiration 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 appli- cable 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 Agreement, clause.
(B) You hereby agree to ensure that the rights stipulated in Section 3.2(A) shall continue on a perpetual, royalty-free, non-exclusive, and non-transferable basis for the continued use of any Redistributable Product you reproduce, redistribute or provide access to, to a Fallback Version of each Product covered 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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply agreement prior to the usage use of any such Redistributable Product. JetBrains is the Fallback Version, as shall Section 12.5exclusive owner and exclusive licensor of any Redistributable Product. The rights granted You acknowledge that you are liable to JetBrains for any loss or damages in this Section 3.3 are expressly contingent upon Customer not being in connection with the breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruptionsection.
3.4. Customer acknowledges that no ownership right is conveyed to Customer under this Agreement, irrespective of the use of terms such as “purchase” or “sale”. JetBrains has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below).
Appears in 3 contracts
Samples: User Agreement, User Agreement, User Agreement
Grant of Rights. 3.1. The Product is provided on a per-seat basis. If Customer complies with the terms of this Agreement, Cus- tomer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrains.
3.2. Unless the Toolbox Subscription EAP Term has expired or this Agreement is terminated in accordance with Section 1210, and subject to the terms and conditions specified herein, JetBrains grants Customer You a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription as stipulated belowfollows:
(A) Customer You may:
(i) Install and use Use any version of the Product covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product; and;
(ii) Make one backup copy of the Product solely for archival/security backup purposes.
(B) Customer You may not:
(i) Allow the same Toolbox Subscription to be used concurrently by more than one (1) User;
(ii) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sell or transfer the Product;
(iiiii) Provide access to the Product, Customer’s Product or Your JetBrains Account or the right to use the Product to a third party;
(iviii) Reverse engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Product; or
(viv) Remove or obscure any proprietary or other notices contained in the Product.
3.33.2. Following If an independent module of the expiration Product or the Product as a whole is a Redistributable Product, the following provisions shall apply in addition to Sections 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 appli- cable 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 Agreement, clause.
(B) You hereby agree to ensure that the rights stipulated in Section 3.2(A) shall continue on a perpetual, royalty-free, non-exclusive, and non-transferable basis for the continued use of any Redistributable Product you reproduce, redistribute or provide access to, to a Fallback Version of each Product covered 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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply agreement prior to the usage use of any such Redistributable Product. JetBrains is the Fallback Version, as shall Section 12.5exclusive owner and exclusive licensor of any Redistributable Product. The rights granted You acknowledge that you are liable to JetBrains for any loss or damages in this Section 3.3 are expressly contingent upon Customer not being in connection with the breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruptionsection.
3.4. Customer acknowledges that no ownership right is conveyed to Customer under this Agreement, irrespective of the use of terms such as “purchase” or “sale”. JetBrains has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below).
Appears in 3 contracts
Samples: User Agreement, User Agreement, User Agreement
Grant of Rights. 3.1. The Product is provided to you on a per-seat ‘per user’ basis. If Customer complies , where you must assign a Subscription to a specific Authorized User who may deploy the Product on multiple Machines in accordance with the terms of this Agreement, Cus- tomer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrainsdocumentation.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 1210, and subject to the terms and conditions specified hereinin this Agreement, JetBrains grants Customer a you the non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription for a period of one (1) year as stipulated below:
(A) Customer You may:
(i) Install install and use any version of the Product covered by the Toolbox Subscription on any number of Clients Machines and on any operating system supported by the Product, and allow Authorized Users to use the Product, solely for the purpose of the development of non-commercial open source projects that meet the Open Source Definition at xxxx://xxx.xxxxxxxxxx.xxx/docs/osd; the right to use the Product for any other purposes is expressly prohibited; and
(ii) Make make one backup copy of the Product solely for archival/security , security, and/or backup purposes.
(B) Customer may not:
(i) Allow allow the same Toolbox Subscription to be used concurrently by more than one (1) Authorized User;
(ii) Rentrent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product;
(iii) Provide provide a third party with access to the Product, Product or Customer’s JetBrains Account Account, or the right to use the Product to a third partyProduct;
(iv) Reverse reverse engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Product; or;
(v) Remove remove or obscure any proprietary or other notices contained in the Product; or
(vi) use the Product for any commercial purposes.
3.3. Following the expiration of this Agreement, the rights stipulated in Section 3.2(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.5. The rights granted in this Section 3.3 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.4. Customer acknowledges that no ownership right is rights are conveyed to Customer under this Agreement, irrespective of the use of terms such as “’purchase” ’ or “’sale”’. JetBrains has and retains all rights, title title, and interest, including all intellectual property rights, in and to the Products and Products, any and all related or underlying technology, and any modifications or derivative works thereofof the Products, including without limitation as they may incorporate Feedback (as defined below).
3.4. Customer agrees to take reasonable measures to prevent the use of Product in an inappropriate manner by Authorized Users, and/or access to Product by unauthorized users.
3.5. 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 3.1-3.3, unless specified otherwise in the terms relating to the use of the particular Redistributable Product:
(A) You may:
(i) use the Redistributable Product without the quantitative restrictions set out in Sections 3.1 and 3.2(B)(i);
(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 Customer 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.
Appears in 3 contracts
Samples: Toolbox Subscription Agreement, Toolbox Subscription Agreement, Toolbox Subscription Agreement
Grant of Rights. 3.1. The Product is provided on a per-seat basis. If Customer complies with the terms of this Agreement, Cus- tomer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrains.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 1213, and subject to the terms and conditions specified herein, JetBrains grants Customer You a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription as stipulated belowfollows:
(A) Customer You may:
(i) Install Use any version of the Product(s) covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product(s); and
(ii) Make one backup copy of the Product(s) solely for archival/security backup purposes.
(B) You may not:
(i) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product(s);
(ii) Provide access to the Product(s) or Your JetBrains Account or right to use the Product(s) to a third party;
(iii) Reverse-engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source code of, the Product(s); or
(iv) Remove or obscure any proprietary or other notices contained in the Product(s).
3.2. Unless this Agreement is terminated in accordance with Section 13, and subject to the terms and conditions specified herein, JetBrains grants You a non-exclusive and non-transferable right to use each Product not covered by the Toolbox Subscription as follows:
(A) You may:
(i) Use any version of the Product not covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product; and
(ii) Make one backup copy of the Product solely for archival/security backup purposes.
(B) Customer You may not:
(i) Allow the same Toolbox Subscription to be used concurrently by more than one (1) User;
(ii) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product;
(iiiii) Provide access to the Product, Customer’s Product or Your JetBrains Account or the right to use the Product to a third party;
(iviii) Reverse Reverse-engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Product; or
(viv) Remove or obscure any proprietary or other notices contained in the Product.
3.3. Following the expiration of this Agreement, you may be granted access to the Fallback Version of a Product covered by the Toolbox Subscription of the Product Holder. In that case, the rights stipulated in Section 3.2(A3.1(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(BSection 3.1(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.513.5. The rights granted in this Section 3.3 are expressly contingent upon Customer User not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.4. Customer acknowledges that no ownership right This Agreement covers Products not covered by the Toolbox Subscription only if such Products are not covered by their own specific agreements or terms of use.
3.5. If an independent module of the Product or the Product as a whole is conveyed a Redistributable Product, the following provisions shall apply in addition to Customer under this Agreement, irrespective of Sections 3.1-3.4:
(A) You may:
(i) use the Redistributable Product without quantitative restrictions unless specified otherwise in the terms relating to the use of terms 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 “purchase” or “sale”a User and JetBrains and that such third party is bound by the agreement prior to the use of any such Redistributable Product. JetBrains has is the exclusive owner and retains all rights, title and interest, including all intellectual property rights, exclusive licensor of any Redistributable Product. You acknowledge that you are liable to JetBrains for any loss or damages in and to connection with the Products and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below)breach of this section.
Appears in 3 contracts
Samples: User Agreement, User Agreement, User Agreement
Grant of Rights. 3.1. The Product is provided to you on a per-seat ‘per user’ basis. If Customer complies , where you must assign a Subscription to a specific Autho- rized User who may deploy the Product on multiple Machines in accordance with the terms of this Agreement, Cus- tomer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrainsdocumentation.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 1210, and subject to the terms and conditions specified hereinin this Agreement, JetBrains grants Customer a you the non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription for a period of one (1) year as stipulated below:
(A) Customer You may:
(i) Install install and use any version of the Product covered by the Toolbox Subscription on any number of Clients Machines and on any operating system supported by the Product, and allow Authorized Users to use the Product, solely for the purpose of the development of non-commercial open source projects that meet the Open Source Definition at http: //xxx.xxxxxxxxxx.xxx/xxxx/xxx; the right to use the Product for any other purposes is expressly prohibited; and
(ii) Make make one backup copy of the Product solely for archival/security , security, and/or backup purposes.
(B) Customer may not:
(i) Allow allow the same Toolbox Subscription to be used concurrently by more than one (1) Authorized User;
(ii) Rentrent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product;
(iii) Provide provide a third party with access to the Product, Product or Customer’s JetBrains Account Account, or the right to use the Product to a third partyProduct;
(iv) Reverse reverse engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Product; or;
(v) Remove remove or obscure any proprietary or other notices contained in the Product; or
(vi) use the Product for any commercial purposes.
3.3. Following the expiration of this Agreement, the rights stipulated in Section 3.2(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.5. The rights granted in this Section 3.3 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.4. Customer acknowledges that no ownership right is rights are conveyed to Customer under this Agreement, irrespective of the use of terms such as “’purchase” ’ or “’sale”’. JetBrains has and retains all rights, title title, and interest, including all intellectual property rights, in and to the Products and Products, any and all related or underlying technology, and any modifications modifica- tions or derivative works thereofof the Products, including without limitation as they may incorporate Feedback (as defined below).
3.4. Customer agrees to take reasonable measures to prevent the use of Product in an inappropriate manner by Authorized Users, and/or access to Product by unauthorized users.
3.5. 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 3.1-3.3, unless specified otherwise in the terms relating to the use of the particular Redistributable Product:
(A) You may:
(i) use the Redistributable Product without the quantitative restrictions set out in Sections 3.1 and 3.2(B)(i);
(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 Customer 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.
Appears in 2 contracts
Samples: Toolbox Subscription Agreement, Toolbox Subscription Agreement
Grant of Rights. 3.1. The Product is provided on a per-seat basis. If Customer complies with the terms of this Agreement, Cus- tomer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrains.
3.2. Unless the Toolbox Subscription EAP Term has expired or this Agreement is terminated in accordance with Section 1210, and subject to the terms and conditions specified herein, JetBrains grants Customer You a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription as stipulated belowfollows:
(A) Customer You may:
(i) Install and use Use any version of the Product covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product; and;
(ii) Make one backup copy of the Product solely for archival/security backup purposes.
(B) Customer You may not:
(i) Allow the same Toolbox Subscription to be used concurrently by more than one (1) User;
(ii) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sell or transfer the Product;
(iiiii) Provide access to the Product, Customer’s Product or Your JetBrains Account or the right to use the Product to a third party;
(iviii) Reverse engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Product; or
(viv) Remove or obscure any proprietary or other notices contained in the Product.
3.33.2. Following If an independent module of the expiration Product or the Product as a whole is a Redistributable Product, the following provisions shall apply in addition to Sections 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 Agreement, clause.
(B) You hereby agree to ensure that the rights stipulated in Section 3.2(A) shall continue on a perpetual, royalty-free, non-exclusive, and non-transferable basis for the continued use of any Redistributable Product you reproduce, redistribute or provide access to, to a Fallback Version of each Product covered 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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply agreement prior to the usage use of any such Redistributable Product. JetBrains is the Fallback Version, as shall Section 12.5exclusive owner and exclusive licensor of any Redistributable Product. The rights granted You acknowledge that you are liable to JetBrains for any loss or damages in this Section 3.3 are expressly contingent upon Customer not being in connection with the breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruptionsection.
3.4. Customer acknowledges that no ownership right is conveyed to Customer under this Agreement, irrespective of the use of terms such as “purchase” or “sale”. JetBrains has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below).
Appears in 2 contracts
Samples: User Agreement, User Agreement
Grant of Rights. 3.1. The Product is provided on a per-seat basis. If Customer complies with the terms of this Agreement, Cus- tomer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrains.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 1213, and subject to the terms and conditions specified herein, JetBrains grants Customer You a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription as stipulated belowfollows:
(A) Customer You may:
(i) Install Use any version of the Product(s) covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product(s); and
(ii) Make one backup copy of the Product(s) solely for archival/security backup purposes.
(B) You may not:
(i) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product(s);
(ii) Provide access to the Product(s) or Your JetBrains Account or right to use the Product(s) to a third party;
(iii) Reverse-engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source code of, the Product(s); or
(iv) Remove or obscure any proprietary or other notices contained in the Product(s).
3.2. Unless this Agreement is terminated in accordance with Section 13, and subject to the terms and conditions specified herein, JetBrains grants You a non-exclusive and non-transferable right to use each Product not covered by the Toolbox Subscription as follows:
(A) You may:
(i) Use any version of the Product not covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product; and
(ii) Make one backup copy of the Product solely for archival/security backup purposes.
(B) Customer You may not:
(i) Allow the same Toolbox Subscription to be used concurrently by more than one (1) User;
(ii) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product;
(iiiii) Provide access to the Product, Customer’s Product or Your JetBrains Account or the right to use the Product to a third party;
(iviii) Reverse Reverse-engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Product; or
(viv) Remove or obscure any proprietary or other notices contained in the Product.
3.3. Following the expiration of this Agreement, you may be granted access to the Fallback Version of a Product covered by Toolbox Subscription by the Product Holder. In that case, the rights stipulated in Section 3.2(A3.1(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(BSection 3.1(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.5. The rights granted in this Section 3.3 are expressly contingent upon Customer User not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.4. Customer acknowledges that no ownership right is conveyed to Customer under this Agreement, irrespective This Agreement covers Products not covered by the Toolbox Subscription only if such Products are not covered by their specific agreements or terms of the use of terms such as “purchase” or “sale”. JetBrains has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below)use.
Appears in 1 contract
Samples: User Agreement
Grant of Rights. 3.1. The Product is provided on a per-seat basis. If Customer complies with the terms of this Agreement, Cus- tomer Customer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s)Product. All other rights remain reserved to JetBrainsDSharp.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 12, and subject to the terms and conditions specified herein, JetBrains DSharp grants Customer a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription as stipulated below:
(A) Customer may:
(i) Install and use any version of the Product covered by the Toolbox Subscription on any number of Clients Devices and on any operating system supported by the Product; and
(ii) Make one backup copy of the Product solely for archival/security backup purposes.
(iii) Provide access to the Product, Customer’s or User's DSA or the right to use the Product to an employee of the Customer or to an employee of a subcontractor working on Customer's development;
(B) Customer may not:
(i) Allow the same Toolbox Subscription to be used concurrently by more than one (1) User;any user that has not explicitly been granted access by DSharp
(ii) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the ProductProduct and related Services;
(iii) Provide access to the Product, Customer’s JetBrains Account or the right to use the Product to a third party;
(iv) Reverse engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, of the Product; or
(viv) Remove or obscure any proprietary or other notices contained in the Product.
3.3. Following the expiration of this Agreement, the rights stipulated in Section 3.2(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.5. The rights granted in this Section 3.3 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.4. Customer acknowledges that no ownership right is conveyed to Customer under this Agreement, irrespective of the use of terms such as “purchase” or “sale”” that may be agreed for example with reseller and that may be in conflict with this Agreement. JetBrains DSharp has and retains all rights, title and interest, including all intellectual property rights, in and to the Products Product and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined belowbelow in Section 7).
3.4. Customer can use the integrated OpenAI API at Customer's own responsibility. Customer must get their own API key from OpenAI and agree on OpenAI terms of use. By saving the API key in Product user interface or directly to settings file the Customer agrees to OpenAIs terms and policies. Customer should be aware that OpenAI saves and processes data in USA.
Appears in 1 contract
Samples: Standard Dsharp Studio License Subscription Agreement
Grant of Rights. 3.1. The Product is provided on a per-seat basis. If Customer complies with the terms of this Agreement, Cus- tomer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrains.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 12, and subject to the terms and conditions specified specified herein, JetBrains grants Customer You a non-exclusive and non-non- transferable right to use each Product covered by the Toolbox Subscription as stipulated belowfollows:
(A) Customer You may:
(i) Install and use any version of the Product covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product; and;
(ii) Make one backup copy of the Product solely for archival/security backup purposes.
(B) Customer You may not:
(i) Allow the same Toolbox Subscription to be used concurrently by more than one (1) User;
(ii) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sell or transfer the Product;
(iiiii) Provide access to the Product, Customer’s Product or Your JetBrains Account or the right to use the Product to a third party;
(iviii) Reverse engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Product; or
(viv) Remove or obscure any proprietary or other notices contained in the Product.
3.33.2. Following the expiration of this Agreement, the rights stipulated in Section 3.2(A3.1(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(BSection 3.1(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.5. The rights granted in this Section 3.3 3.2 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.3. This subscription is only for natural persons who are purchasing a subscription to Products using only their own funds. Notwithstanding anything to the contrary set forth herein, You may not use any of the Products, and this grant of rights shall not be in effect, in the event that You do not pay Toolbox Subscription fees using Your own funds. If any third party pays the Toolbox Subscription fees or if You expect or receive reimbursement for those fees from any third party, this grant of rights shall be invalid and void.
3.4. Customer acknowledges that no ownership right is conveyed to Customer under this AgreementYou, irrespective of the use of terms such as “purchase” or “sale”. .” JetBrains has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications modifica- tions or derivative works thereof, including without limitation as they may incorporate Feedback (as defined defined below).
Appears in 1 contract
Samples: Toolbox Subscription Agreement for Individual Customers
Grant of Rights. 3.1. The Product is provided on a per-seat basis. If Customer complies with the terms of this Agreement, Cus- tomer Customer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s 's rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrainsIronman Software.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 12, and subject to the terms and conditions specified herein, JetBrains Ironman Software grants Customer a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription as stipulated below:
(A) Customer may:
(i) Install and use any version of the Product covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product; and
(ii) Make one backup copy of the Product solely for archival/security backup purposes.
(B) Customer may not:
(i) Allow the same Toolbox Subscription to be used concurrently by more than one (1) UserUser for Client Product or one (1) Client for Server Product;
(ii) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product;
(iii) Provide access to the Product, Customer’s JetBrains 's Ironman Software Account or the right to use the Product to a third party;
(iv) Reverse engineer, decompile, disassemble, modify, or 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. Following the expiration of this Agreement, the rights stipulated in Section 3.2(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.5. The rights granted in this Section 3.3 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.4. Customer acknowledges that no ownership right is conveyed to Customer under this Agreement, irrespective of the use of terms such as “"purchase” " or “"sale”". JetBrains Ironman Software has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below).
3.5. 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 3.2-3.4:
(A) You may:
(i) use the Redistributable Product without the quantitative restrictions provided in Sections
3.1 and 3.2(B)(i), 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 Ironman Software 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 Customer and Ironman Software and that such third party is bound by the agreement prior to the use of any such Redistributable Product. Ironman Software is the exclusive owner and exclusive licensor of any Redistributable Product. You acknowledge that you are liable to Ironman Software for any loss or damages in connection with the breach of this section.
Appears in 1 contract
Samples: Subscription Agreement
Grant of Rights. 3.1. The Product is provided on a per-seat basis. If Customer complies with the terms of this Agreement, Cus- tomer Customer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. CustomerCus- tomer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively effectively operate the Product(s). All other rights remain reserved to JetBrains.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 12, and subject to the terms and conditions specified specified herein, JetBrains grants Customer a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription as stipulated below:
(A) Customer may:
(i) Install and use any version of the Product covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product; and
(ii) Make one backup copy of the Product solely for archival/security backup purposes.
(B) Customer may not:
(i) Allow the same Toolbox Subscription to be used concurrently by more than one (1) User;
(ii) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product;
(iii) Provide access to the Product, Customer’s JetBrains Account or the right to use the Product to a third party;
(iv) Reverse engineer, decompile, disassemble, modify, or 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. Following the expiration of this Agreement, the rights stipulated in Section 3.2(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.5. The rights granted in this Section 3.3 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.4. Customer acknowledges that no ownership right is conveyed to Customer under this Agreement, irrespective ir- respective of the use of terms such as “purchase” or “sale”. JetBrains has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying underly- ing technology, and any modifications modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined defined below).
Appears in 1 contract
Samples: Toolbox Subscription Agreement for Businesses and Organizations
Grant of Rights. 3.1. The Product is provided on a per-seat basis. If Customer complies with the terms of this Agreement, Cus- tomer Customer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s 's rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrains.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 12, and subject to the terms and conditions specified herein, JetBrains grants Customer a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription as stipulated below:
(A) Customer may:
(i) Install and use any version of the Product covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product; and
(ii) Make one backup copy of the Product solely for archival/security backup purposes.
(B) Customer may not:
(i) Allow the same Toolbox Subscription to be used concurrently by more than one (1) User;
(ii) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product;
(iii) Provide access to the Product, Customer’s 's JetBrains Account or the right to use the Product to a third party;
(iv) Reverse engineer, decompile, disassemble, modify, or 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. Following the expiration of this Agreement, the rights stipulated in Section 3.2(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.5. The rights granted in this Section 3.3 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.4. Customer acknowledges that no ownership right is conveyed to Customer under this Agreement, irrespective of the use of terms such as “"purchase” " or “"sale”". JetBrains has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below).
Appears in 1 contract
Samples: End User License Agreement
Grant of Rights. 3.1. The Product is provided on a per-seat basis. If Customer complies with the terms of this Agreement, Cus- tomer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrains.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 1210, and subject to the terms and conditions specified specified herein, JetBrains grants Customer You a non-exclusive and non-non- transferable right to use each Product covered by the Toolbox Subscription for non-commercial, educational purposes only (including conducting academic research or providing educational services) for a period of 1 (one) year as stipulated belowfollows:
(A) Customer You may:
(i) Install and use any version of the Product covered by the Toolbox Subscription and listed at xxxxx://xxx.xxxxxxxxx.xxx/student on any number of Clients and on any operating system supported by the Product; use software for non-commercial, educational purposes only, including conducting academic research or providing educational services; and
(ii) Make one backup copy of the Product solely for archivalarchival purposes/security backup purposesbackup.
(B) Customer You may not:
(i) Allow the same Toolbox Subscription to be used concurrently by more than one (1) User;
(ii) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sell or transfer the Product;
(iiiii) Provide access to the Product, Customer’s Product or Your JetBrains Account or the right to use the Product to a third party;
(iviii) Reverse engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Product; or;
(viv) Remove or obscure any proprietary or other notices contained in the Product; or
(v) Use Products for any commercial purposes.
3.3. Following the expiration of this Agreement, the rights stipulated in Section 3.2(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 Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.5. The rights granted in this Section 3.3 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.43.2. Customer acknowledges that no ownership right is conveyed to the Customer under this Agreement, irrespective of the use of terms such as “purchase” or “sale”. .” JetBrains has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined defined below).
Appears in 1 contract
