Further, the structure, organization, and code embodied in Software are the valuable and confidential trade secrets of Licensor and its suppliers and are protected by intellectual property laws and treaties. (b) Software is protected by United States Copyright Law and International Treaty provisions. Title and copyrights to Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Licensor and its suppliers. (a) Software is the property of Licensor or its suppliers. "User Pack" means a maximum number of Users permitted to use Software. For avoidance of any doubt, the term User does not include Reporters. "User" means an individual or a bot with a user account created by Licensee granting the individual the right to access the Software and use it to communicate with other Users as further detailed in Documentation. "Software" means software program YouTrack in binary form, including its documentation, upgrades provided pursuant to Section 9 of this Agreement, and any third party software programs that are owned and licensed pursuant to Section 6 of this Agreement by parties other than Licensor and that are either integrated with or made part of YouTrack (collectively, "Third Party Software"). "Server" means a server part of Software that enables administration of Users and performs other services as specified in Software documentation. "Reporter" is an individual or bot with the ‘reporter account’ (as described in the Documentation) who is allowed by Licensee to report an issue in Software and communicate about it with Agents. "OS-Project License" means a license to use Software free of charge for non-commercial purposes as set forth in Section 5 (b) of this Agreement. "License Key" means a unique key-code that enables Licensee to run Software subject to the obtained User Pack. "License Certificate" means evidence of a license provided by Licensor to Licensee in electronic or printed form. "Documentation" means the online documentation for Software accessible on JetBrains Site, as updated from time to time. "Classroom License" means a license to use Software free of charge for non-commercial purposes as set forth in Section 5 (a) of this Agreement. "Agent" means a User which is authorized by Licensee to respond to Reporters. For purposes of this definition, “control” means (a) the power, direct or indirect, to cause the direction or management of such an entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such an entity. ![]() ![]() For legal entities, “Licensee” includes any entity which controls, is controlled by, or is under common control with Licensee. (b) "Licensee" means either an individual or a legal entity specified in the License Certificate, exercising rights under, and complying with all of the terms of, this Agreement. having its principal place of business at Na Hřebenech II 1718/8, Prague, 14000, Czech Republic, ID.No: 265 02 275, entered into the Commercial Register of the Municipal Court in Prague, section C, file 86211. Note: In case the terms of this Agreement are in conflict with the terms of any agreement individually negotiated and agreed between JetBrains and customer, the terms of the latter shall prevail. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL AND USE THE SOFTWARE. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU (LICENSEE, AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. ![]() Version 13, Effective as of April 25, 2023
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