PrismTabs End-User Licence Agreement

1. Grant of Licence

1.1 Free features

The Software is distributed under a Freemium model. A core set of features is provided free of charge, without a subscription, for as long as you use the Software.

1.2 Paid features

Additional ("paid") features are made available only while you hold an active subscription, an active free licence granted through a JetBrains Marketplace community programme such as its open-source programme (a "community licence"), or an active free trial, purchased or activated through the JetBrains Marketplace. Subscriptions may be billed yearly or monthly. Subject to your compliance with this Agreement, the Licensor grants you a non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the paid features for the duration of your active subscription, community licence, or trial, on the following basis:

• Under an individual subscription, one named individual may use the paid features on any number of devices that individual personally uses.
• Under an organisation subscription, the paid features are licensed per user: each subscription entitles one named individual to use the paid features on any number of devices that individual personally uses, and the organisation must hold a separate subscription for every individual who uses the paid features. A subscription may be reassigned to a different individual when the original user no longer needs it, but not on a rotating basis to serve more individuals than the number of subscriptions held.
• Under a community licence, one named individual may use the paid features on any number of devices that individual personally uses, only for the purposes and for the period that the community programme's terms permit.

1.3 No fallback licence

This subscription does not include a fallback licence. When your subscription, community licence, or trial lapses, expires, or is cancelled and not renewed, access to the paid features ends automatically and immediately. The free features described in §1.1 continue to work without interruption. No previously-generated data or settings are deleted as a result of a lapsed subscription.

1.4 Trial

A free trial period, as configured on the JetBrains Marketplace listing at the time of your activation, may be offered for the paid features. The Licensor may change or withdraw trial terms for future users at any time; this does not affect a trial you have already activated.

1.5 Fees and Renewal

Paid features are sold and billed through the JetBrains Marketplace, which acts as the seller of record. The price is the one shown on the Marketplace listing at the time you purchase or renew, and it applies for the whole of the billing period it covers; it does not change during that period.

The Licensor may change the price of the paid features for future billing periods, both for new subscribers on first purchase and for existing subscribers on renewal. If you do not wish to renew at the new price, you may cancel before your renewal date. Cancelling does not end your current subscription early — the paid features remain available until the end of the period you have already paid for, after which the Software reverts to the free features described in §1.1.

Billing, renewal, cancellation, and refunds are handled by JetBrains under its own terms and refund policy, which apply in addition to this Agreement. Nothing in this section affects your statutory rights as a consumer.

2. Restrictions

You must not, and must not permit any third party to:

• copy, redistribute, sell, rent, lease, sublicense, or otherwise transfer the Software or any licence to it, except as expressly permitted by this Agreement;
• reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation (for example, under the interoperability provisions of the UK Copyright, Designs and Patents Act 1988), and then only after you have first requested the necessary interoperability information from the Licensor and such information has not been made available within a reasonable time;
• remove, obscure, or alter any proprietary notices on or in the Software;
• use the Software to build a competing product;
• circumvent or attempt to circumvent the licensing/subscription checks described in §1.

3. Ownership

The Software is licensed, not sold. The Licensor and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights therein. This Agreement does not grant you any rights to trademarks or service marks of the Licensor.

4. Data and Privacy

The Software does not transmit your source code, file contents, or project data to the Licensor or any third party, and does not collect telemetry. Licence/subscription status is validated locally via the JetBrains Platform's licensing facilities. If this changes in a future version, the Licensor will update this section and the Marketplace listing accordingly before the change ships.

5. Updates

The Licensor may release updates to the Software from time to time. Updates may be installed automatically depending on your IDE settings. This Agreement applies to all updates unless a different licence accompanies a specific update.

6. No Warranty

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF, OR INABILITY TO USE, THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LICENSOR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8. Term and Termination

This Agreement is effective until terminated. Your rights under this Agreement terminate automatically, without notice, if you fail to comply with any of its terms. Upon termination, you must cease all use of the paid features and, if requested by the Licensor, uninstall the Software. Sections 3, 4, 6, 7, 9, and 10 survive termination.

9. Governing Law

This Agreement, and any dispute or claim arising out of or in connection with it, is governed by and construed in accordance with the law of Scotland. The Scottish courts shall have exclusive jurisdiction, save that if you are a consumer resident elsewhere in the United Kingdom, mandatory local consumer-protection law may also apply and you may bring proceedings in your place of residence.

10. Miscellaneous

This Agreement constitutes the entire agreement between you and the Licensor regarding the Software and supersedes any prior agreements regarding the Software. The Licensor may update this Agreement from time to time; material changes will be reflected in a new "Last updated" date and, where required by JetBrains Marketplace policy, notified to active subscribers in advance. If any provision of this Agreement is held unenforceable, the remaining provisions remain in full force.

Contact

Andrzej Piontek — contact@prismtabs.com — https://prismtabs.com/