“Beta Tester” means the individual, company or other legal entity that exercises rights under this Agreement, and includes any entity that directly or indirectly controls, is controlled by, or is under common control with such individual, company or other legal entity. For purposes of this definition, “Control” means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity. JetBrains shall have sole discretion to select Beta Testers.
“Beta Tester´s Data” means all electronic data or information submitted by Beta Tester via the Service and stored by JetBrains on the Hosting System.
“Documentation” means the online Documentation for the Service accessible at JetBrains Site, as updated from time to time.
“Hosting System” means any server, real or virtual network, internet connection, infrastructure, hardware and/or applications used by JetBrains to host the Software.
“JetBrains” means JetBrains s.r.o. having its principal place of business at Na hřebenech II 1718/10, Prague, 14700, Czech Republic, ID.No: 265 02 275, entered into Commercial Register of Municipal Court in Prague, section C, file 86211.
“JetBrains Site” means web sites operated by JetBrains, in particular, but not limited to, www.jetbrains.com and http://confluence.jetbrains.net.
“Service” means access to the Software hosted by JetBrains on the Hosting System and provided to Beta Tester by JetBrains via the Internet.
“Software” means the data management and analysis tool Census Analyzer, including downloadable parts of Census Analyzer, if any, provided by JetBrains in binary form.
“URL” means an URL to JetBrains Site that is specific to Beta Tester and that allows Beta Tester to use the Service.
“Users” means individuals who are authorized by Beta Tester to use the Service and who have been granted by Beta Tester certain permissions for accessing the Service.
1) to register on JetBrains Site for using the Service. Beta Tester shall provide JetBrains with a name for Beta Tester’s identification, a valid e-mail address and other information required by the registration form on JetBrains Site to enable JetBrains to create Beta Tester’s URL;
2) to obtain Internet connection, any equipment necessary for an Internet connection, and any third party software necessary for using the Service, including, but not limited to, browser software, that supports a data security protocol compatible with the protocol used by JetBrains;
3) to use the Service in compliance with the Documentation;
4) that the Service is in beta only, is not ready for production use and is provided to Beta Tester on a non-exclusive, non-transferable, non-sublicensable limited basis solely for the purposes of evaluating the Service and providing JetBrains with feedback on the use of the Service;
5) that Beta Tester shall notify JetBrains of any defects or problems in the Service or its use or operation and provide feedback about the Service and Documentation as requested by JetBrains;
6) That all ideas, suggestions, modifications and the like that Beta Tester provides to JetBrains under this Agreement (the “Supportive Information”) will belong to JetBrains, but Beta Tester may use the Supportive Information. Beta Tester hereby assigns to JetBrains all right, title and interest in and to the Supportive Information and the related intellectual property rights; and
7) that Beta Tester shall not, and shall not permit others to, disclose the results of any testing or evaluation of the Service without first obtaining JetBrains’s approval. Beta Tester hereby agrees to serve as a reference for JetBrains’s potential customers, analysts or investors via phone and/or email and participate in case studies as reasonably requested.
1) modify, alter, tamper with, repair, or otherwise create derivative works of the Service or associated Software (except to the extent the Software or any or its parts are provided to Beta Tester under a separate license that expressly permits the creation of derivative works);
2) reverse engineer, disassemble, or decompile the Service or apply any other process or procedure to derive the source code of the Service or associated Software;
i) the capacity provided by one (1) amazon t2.micro instance per month,
ii) five (5) gigabytes of data, or
iii) ten (10) gigabytes of traffic;
4) use the Service 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, or;
5) attempt to gain unauthorized access to the Service or to the Hosting System.
1) Users’ compliance with this Agreement. If Beta Tester becomes aware of any violation of any terms of this Agreement by a User, Beta Tester shall immediately terminate such User’s rights to use the Service;
2) the legality of Beta Tester´s Data and the legality of the means by which Beta Tester acquired that data. If Beta Tester becomes aware that any its data violates this Agreement or any third party rights, Beta Tester shall immediately remove such data from the Service;
3) compliance with applicable laws and government regulations;
4) configuring and using the Service;
5) the confidentiality and use of Beta Tester’s URL, any of Beta Tester’s Data, passwords and user names by Users;
6) Beta Tester’s Data backup.
Subject to the terms of this Agreement, Beta Tester is granted the right to use the Service for evaluation purposes free of charge for a period determined by JetBrains in its sole discretion (the “Beta Period”). JetBrains will endeavor to provide notice to Beta Tester regarding termination of the Beta Period prior to such termination, but such notice is not guaranteed. Upon termination of the Beta Period, Beta Tester’s use of the Service will automatically terminate, and Beta Tester will no longer have access to the Service or any of Beta Tester’s Data.
JETBRAINS DOES NOT GUARANTEE THAT ANY OF BETA TESTER’S DATA AND/OR ANY CUSTOMIZATIONS MADE TO THE SERVICE BY OR FOR BETA TESTER DURING THE BETA PERIOD WILL BE STORED OR AVAILABLE UPON EXPIRATION OF THE BETA PERIOD. Beta Tester is responsible for taking measures to prevent loss or damage of its data upon expiration of the Beta Period.
Beta Tester will defend, indemnify, and hold harmless JetBrains, its affiliates, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning:
The Service is currently under development and testing by the JetBrains and it may not operate properly. All use of the Service is at Beta Tester’s own risk. JETBRAINS DOES NOT WARRANT THAT (I) IT WILL DEVELOP OR MAKE AVAILABLE ENHANCEMENTS OR MODIFICATIONS OF THE SERVICE OR SOFTWARE, OR THAT (II) THE SERVICE WILL EVER BE FORMALLY RELEASED OR GENERALLY AVAILABLE. ANY MODIFICATIONS BY JETBRAINS TO THE SOFTWARE OR SERVICE DURING THE BETA PERIOD OR AT ANY OTHER TIME PRIOR TO A GENERAL RELEASE MAY RESULT IN THE LOSS OR DESTRUCTION OF BETA TESTER’S DATA, AND JETBRAINS DOES NOT WARRANT THAT CHANGES TO THE SOFTWARE OR SERVICE WILL BE “BACKWARD COMPATIBLE.“ THE SERVICE AND THE ASSOCIATED SOFTWARE ARE PROVIDED “AS IS.” JETBRAINS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE AND/OR SOFTWARE, INCLUDING ANY WARRANTY THAT THE SERVICE AND/OR SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING BETA TESTER´S DATA, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, JETBRAINS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
1) BETA TESTER’S INABILITY TO USE THE SERVICE AND/OR SOFTWARE, INCLUDING AS A RESULT OF ANY TERMINATION OR SUSPENSION OF THIS AGREEMENT OR BETA TESTER’S USE OF THE SERVICE AND/OR SOFTWARE;
2) JETBRAINS’ DISCONTINUATION OF THE SERVICE AND/OR SOFTWARE;
3) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICE AND/OR SOFTWARE FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS;
4) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICE OR SOFTWARE;
5) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY BETA TESTER IN CONNECTION WITH THIS AGREEMENT OR BETA TESTER’S USE OF OR ACCESS TO THE SERVICE AND/OR SOFTWARE; OR
6) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF BETA TESTER’S DATA.