Qt Tools Plugin End User License Agreement for JetBrains Marketplace
Version 2024-03
1 GENERAL
1.1 This is a Plugin End User License Agreement (hereinafter “PLUGIN EULA”) between The Qt Company Oy (”The Qt Company”) and You (as defined below) for Qt Tools Plugins available on the JetBrains Marketplace (each a “Qt Tools Plugin”). By downloading, installing, or otherwise using the Qt Tools Plugin, you become a party to this PLUGIN EULA with The Qt Company and consent to be bound by all terms and conditions in this PLUGIN EULA (hereinafter referred to as the “Agreement”). You further agree that you have had sufficient opportunity to review this Agreement, understand its contents, and seek independent legal advice regarding this Agreement. If you do not agree with these terms, do not download or use the Qt Tools Plugin. You must be above the legal age of consent in your jurisdiction to download or use the Qt Tools Plugin.
1.2 This PLUGIN EULA applies solely to the Qt Tools Plugin. Use of any other Qt Software is not provided, governed, or covered by this PLUGIN EULA and requires compliance with applicable license terms and/or agreements for such Qt Software.
2 DEFINITIONS
2.1 "Confirmation" means an email from JetBrains confirming Your rights to use a Paid Plugin and containing important information about Your license or Subscription.
2.2 “The Qt Company” means The Qt Company Oy., a Finnish company with its registered office at Miestentie 7, 02150 Espoo, Finland.
2.3 "Documentation" means the latest versions of all online technical documentation available for a Plugin on JetBrains Marketplace and any other relevant Plugin documentation provided either by JetBrains or Qt that applies to the Plugin.
2.4 "Fallback Date" means the date falling twelve (12) months prior to the date Your Subscription expired.
2.5 "Fallback Version" means the most recent Plugin Version that Qt 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.
2.6 "Free Plugin" means a Plugin that is offered at no cost.
2.7 "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.
2.8 "JetBrains Affiliate" means the subsidiary and/or any associated companies of JetBrains.
2.9 "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.
2.10 "JetBrains Product" means any software program or service made available by JetBrains.
2.11 "Paid Plugin" means a Plugin that is offered for a fee (can be either a one-time license fee or a recurring subscription fee).
2.12 "Plugin" means any plugin, extension, application, widget, or other software program designed to work with JetBrains Products that The Qt Company makes available under this PLUGIN EULA.
2.13 "Plugin Users" means users that are able to access and use the Plugin concurrently.
2.14 "Plugin Version" means a release, update, or upgrade of a particular Plugin that is not identified by The Qt Company as being made for the purpose of fixing software bugs.
2.15 "Subscription" means Your right to use a Paid Plugin during the Subscription Period.
2.16 "Subscription Period" means the Subscription period described in Your Confirmation.
2.17 "You" means an individual or an entity concluding this PLUGIN EULA.
3 GRANT OF LICENSE
3.1 License. The Qt Company 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 PLUGIN EULA. You may:
(i) install the Plugin;
(ii) use the Plugin subject to the limits described in Your Confirmation (if any); and
(ii) make backup copies of the Plugin for archival purposes.
3.2 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 Qt Company or if and solely to the extent such restrictions conflict with any mandatory provisions of any applicable laws and licenses.
3.2.1 The licenses granted in this Section are conditional and subject to Your compliance with the terms of Your Confirmation, the Documentation, and this PLUGIN EULA. Further, You shall not (i) remove or alter any copyright, trademark or other proprietary rights notice(s) contained in any portion of the Licensed Software; (ii) use the Plugin in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual property or right of any third party, or that violates any applicable law; (iii) use The Qt Company's or any of its suppliers' names, logos, or trademarks without The Qt Company’s prior written permission (including applicable license terms and agreements); or (iv) attempt or enlist a third party to conduct or attempt to conduct any of the above.
3.2.2 The above terms are not applicable if and solely to the extent they conflict with any mandatory provisions of any applicable laws.
3.3 Duration of License. The license granted under this PLUGIN EULA can be provided as:
(i) perpetual in the case of Free Plugins, and
(ii) time-limited for the duration of Your Subscription Period, in the case of Paid Plugins for which You pay an annual or monthly Subscription fee.
3.3.2 For more details about the Paid Plugin, see the information in Your Confirmation.
4. SUBSCRIPTION
4.1 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).
4.2 Subscription Period. The Subscription Period can be either annual or monthly.
4.3 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 PLUGIN EULA, including Your payment of the applicable Subscription fees for at least the preceding 12 months in full and without interruptions.
5. INTELLECTUAL PROPERTY
5.1 The Plugin is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Plugin is licensed, not sold.
5.2 All of The Qt Company's Intellectual Property Rights are and shall remain the exclusive property of The Qt Company or its licensors respectively. No rights to The Qt Company’s Intellectual Property Rights are assigned or granted to You under this PLUGIN EULA, except when and to the extent expressly specified herein.
6 PRE-RELEASE FUNCTIONALITY
6.1 The Plugin may contain pre-release code and functionality, or sample code marked or otherwise stated with appropriate designation such as “Technology Preview”, “Alpha”, “Beta”, “Sample”, “Example” etc. (“Pre-Release Functionality”).
6.2 Such Pre-Release Functionality may be provided complimentary for You, in order to provide experimental support or information for new platforms or preliminary versions of one or more new functionalities or for other similar reasons. The Pre-Release Functionality may not be at the level of performance and compatibility of a final, generally available, product offering. The Pre-Release Functionality may not operate correctly, may contain errors and may be substantially modified by The Qt Company prior to the first commercial product release, if any. The Qt Company is under no obligation to make Pre-Release Functionality commercially available, or provide any support or updates relating thereto. The Qt Company assumes no liability whatsoever regarding any Pre-Release Functionality; any use thereof is exclusively at Your own risk and expense.
7 DISCLAIMER OF WARRANTY
7.1 To the maximum extent permitted by applicable law, the Plugin is provided "as is" and exclusive of other warranties, whether express, implied, or otherwise. Use of the Plugin is at Your own risk.
7.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE QT COMPANY ON BEHALF OF ITSELF AND ITS LICENSORS, SUPPLIERS AND AFFILIATES, DISCLAIMS ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY 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 QT COMPANY 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 QT COMPANY’S SOLE DISCRETION.
8 LIMITATION OF LIABILITY
8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR ANY LIABILITY THAT CANNOT BE EXCLUDED OR RESTRICTED BY APPLICABLE LAW, THE QT COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOST PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR GOODWILL OR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE COST, DAMAGES OR EXPENSE OF ANY KIND, HOWSOEVER ARISING UNDER OR IN CONNECTION WITH THIS PLUGIN EULA.
8.2 EXCEPT WHERE REQUIRED OTHERWISE BY APPLICABLE LAW, IN NO EVENT SHALL THE QT COMPANY’S TOTAL AGGREGATE LIABILITY UNDER THIS PLUGIN EULA EXCEED THE LESSER OF (I) ONE HUNDRED US DOLLARS ($100) OR (II) THE FEES WHICH YOU PAID FOR THE PLUGIN VIA JETBRAINS MARKETPLACE IN THE SIX-MONTH PERIOD PRECEDING THE CLAIM. THIS LIMITATION WILL APPLY 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 QT COMPANY AND YOU.
9 GOVERNING LAW
This PLUGIN EULA shall be construed and interpreted in accordance with the laws of Finland, excluding its choice of law provisions. This shall however not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
10 MISCELLANOUS
10.1 Reservation of Rights. The Qt Company reserves the right to make changes to the features, functions, availability, support, capabilities, and characteristics of the Plugin.
10.2 Feedback and Privacy. You agree that, from time to time, The Qt Company, may request feedback from You regarding the Plugin (“Feedback”). You may choose to provide Feedback and agree that The Qt Company may freely use, copy, disclose, and exploit any Feedback. You further acknowledge and agree that The Qt Company will handle any information you provide to The Qt Company in accordance with The Qt Company Privacy Policy available at https://www.qt.io/terms-conditions/privacy-policy. Any Qt Account registration and usage is further subject to the Qt Account Terms and Conditions at https://www.qt.io/terms-conditions/qt-account .
10.3 Severability. If any provision of this PLUGIN EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this PLUGIN EULA shall otherwise remain in full force and effect and enforceable.
