JetBrains Marketplace

NoOp Jetbrains Marketplace EULA

This NoOp Jetbrains Marketplace EULA is concluded between You and the Developer with respect to the Plugin.

1. Definitions

"Confirmation" means an email from JetBrains confirming Your rights to use a Paid Plugin and 
containing important information about Your license or Subscription.

"Developer" means NoOp Solutions.

"Documentation" means the latest versions of all online technical documentation available for 
a Plugin at JetBrains Marketplace and any other relevant Plugin documentation provided either 
by JetBrains or the Developer that applies to the Plugin.

"Fallback Date" means the date falling twelve (12) months prior to the date Your Subscription 
expired.

"Fallback Version" means the most recent Plugin Version that the Developer made available for 
public purchase prior to the Fallback Date, along with any bug-fix updates for that Plugin 
Version. The Fallback Version does not include any Plugin updates or upgrades other than 
bug-fix updates that You may have used in the period between the Fallback Date and the 
expiration date of Your Subscription. For more information, see FAQ available at 
https://sales.jetbrains.com/hc/en-gb.

"Free Plugin" means a Plugin that is offered at no cost.

"JetBrains" means JetBrains s.r.o., which has its registered office at Na Hřebenech II 1718/8, 
Prague, 14000, Czech Republic, registered with the Commercial Register kept by the Municipal 
Court of Prague, Section C, file 86211, ID.Nr.: 265 02 275.

"JetBrains Affiliate" means the subsidiary and/or any associated companies of JetBrains.

"JetBrains Marketplace" means any platform operated by JetBrains or a JetBrains Affiliate on 
which JetBrains or JetBrains Affiliate markets Plugins for JetBrains Products, including the 
website https://plugins.jetbrains.com and/or any other website or other platform, whether named 
JetBrains Marketplace, JetBrains Plugins Repository, or otherwise.

"JetBrains Product" means any software program or service made available by JetBrains.

"Paid Plugin" means a Plugin that is offered for a fee (can be either a one-time license fee or 
a recurring subscription fee).

"Plugin" means any plugin, extension, application, widget, or other software program designed to 
work with JetBrains Products that the Developer makes available under this NoOp Jetbrains Marketplace EULA.

"Plugin Users" means users that are able to access and use the Plugin concurrently.

"Plugin Version" means a release, update, or upgrade of a particular Plugin that is not 
identified by the Developer as being made for the purpose of fixing software bugs.

"Subscription" means Your right to use a Paid Plugin during the Subscription Period.

"Subscription Period" means the Subscription period described in Your Confirmation.

"You" means an individual or an entity concluding this NoOp Jetbrains Marketplace EULA.

2. Grant of License

2.1. License. The Developer hereby grants You a limited, worldwide, non-exclusive, 
non-transferable license to use the Plugin (including any generally available updates and upgrades 
released during your rightful use of the Plugin) as long as the use is in line with Your 
Confirmation, the Documentation, and the limits set out in this NoOp Jetbrains Marketplace EULA. You may:

install the Plugin;

use the Plugin subject to the limits described in Your Confirmation (if any); and

make backup copies of the Plugin for archival purposes.

2.2. Restrictions. You may not modify, reverse-engineer, decompile, or disassemble the Plugin in 
whole or in part, or create any derivative works from the Plugin, or sublicense any rights to the 
Plugin, unless otherwise expressly authorized in writing by the Developer.

2.3. Duration of License. The license granted under this NoOp Jetbrains Marketplace EULA can be provided as:

perpetual in case of Free Plugins or Paid Plugins for which You are charged a one-time license 
fee, and

time-limited for the duration of your Subscription Period, in case of Paid Plugins for which You 
pay an annual or monthly Subscription fee.

For more details about the type of Paid Plugin, see the information in Your Confirmation.

3. Subscription

3.1. Subscription Limits. If You purchased a Plugin Subscription, You must use the Paid Plugin 
in accordance with the limits described in Your subscription plan (e.g., You must ensure that 
the maximum number of Plugin Users does not exceed the number of Plugin Users for which You have 
purchased the Subscription).

3.2. Subscription Period. The Subscription Period can be either annual or monthly.

3.3. Fallback License. If the Plugin is provided with a Fallback license according to the 
Confirmation, following the expiration of the Subscription Period without a renewal, Your license 
to use the Plugin as stipulated in Section 2 shall continue on a perpetual, royalty-free, 
non-exclusive, and non-transferable basis with respect to the Fallback Version of the Plugin 
(including all limitations). The granting of the Fallback license is expressly contingent upon 
Your compliance with this EULA, including Your payment of the applicable Subscription fees for at 
least the preceding 12 months in full and without interruptions.

4. Intellectual Property

The Plugin is protected by copyright and other intellectual property laws and treaties. The 
Developer or its licensors own all title, copyright, and other intellectual property rights to 
the Plugin.

5. Disclaimer of Warranty

ALL PLUGINS ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES. YOUR USE 
OF PLUGINS IS AT YOUR OWN RISK. THE DEVELOPER PROVIDES NO WARRANTY AS TO THE PLUGIN'S USE OR 
PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER DISCLAIMS ALL OTHER 
WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED 
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH 
REGARD TO THE PLUGIN, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE DEVELOPER 
DOES NOT WARRANT THAT THE PLUGIN IS ACCURATE, RELIABLE, OR CORRECT; THAT THE PLUGIN MEETS YOUR 
REQUIREMENTS; THAT THE PLUGIN WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, 
OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PLUGIN IS FREE OF VIRUSES OR 
OTHER HARMFUL COMPONENTS. EXCEPT AS REQUIRED BY APPLICABLE LAWS, ANY UPDATES AND UPGRADES TO THE 
PLUGIN WILL ONLY BE PROVIDED ON AN "AS AVAILABLE" BASIS, I.E., AT THE DEVELOPER’S SOLE DISCRETION.

6. Limitation of Liability

IN NO EVENT WILL THE DEVELOPER BE LIABLE FOR ANY DIRECT OR INDIRECT COSTS, LOSSES, OR DAMAGES 
ASSOCIATED WITH THE USE OF THE DEVELOPER'S PLUGIN.

THE DEVELOPER SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL DAMAGES, NO MATTER 
THE CAUSE OF SAID PROFITS OR DAMAGES, AND IN NO EVENT WILL THE DEVELOPER'S AGGREGATE LIABILITY 
ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE PLUGIN EXCEED THE FEES WHICH YOU PAID 
FOR THE PLUGIN VIA JETBRAINS MARKETPLACE IN THE THREE-MONTH PERIOD PRECEDING THE CLAIM. THIS 
LIMITATION WILL APPLY EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF THE LIABILITY 
EXCEEDING THE AMOUNT AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 
JETBRAINS' LIABILITY IS EXCLUDED IN ITS ENTIRETY AS JETBRAINS IS NOT A PARTY TO THE CONTRACTUAL 
RELATIONSHIP BETWEEN THE DEVELOPER AND YOU.