EULA

THIS IS A LEGAL AGREEMENT. BY CLICKING ON THE "I AGREE" (OR SIMILAR) BUTTON THAT IS PRESENTED TO YOU AT THE TIME OF INSTALLATION, OR BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR DEVICE, OR OTHERWISE USING THE AMPLIFY HUMAN INC. PLUGIN, YOU BECOME A PARTY TO THIS AGREEMENT, YOU DECLARE YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT, AND YOU CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS.

This End User License Agreement (“Agreement”) is entered into between Amplify Human Inc. (“Amplify Human”, “Developer”, “We”, or “Us”) and You, an individual or a legal entity that you represent (“You”). If You accept this Agreement on behalf of a legal entity, You confirm that You are authorized to enter into agreements on behalf of that legal entity.

1. Definitions

“Agreement” means this agreement, also knows as an End User License Agreement, for the Product

“Plugin” means Easely, a plugin developed for JetBrains Products by the Developer.

“Developer” means Amplify Human Inc.

“Developer Website” means the home website for the Developer at https://amplifyhuman.ca.

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

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

“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 Account” means an account created on the website for JetBrains, for use in managing licenses.

“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.

“Subscription” means Your right to use the Plugin during the Subscription Period.

“Subscription Period” means the Subscription period described in Your Confirmation.

“You” means an individual or an entity concluding this EULA.

“Personal” means an individual who purchases a license to conduct work with the Plugin for their own goal (not their employer’s goals).

“Commercial” means an enterprise entity who purchases one or more licenses for their staff, who will then conduct work for the enterprise’s goals.

“Machine” means a computing device used by You for running the Plugin.

“Server” means a computing device used to serve a whole or portion of a service to You by the Us.

“Trial Period” means the period following the installation of the Plugin (any subsequent period determined by Us) for which We make the Plugin available to You for limited testing without the need for any subscription. The length of the Trial Period is described for the Plugin on the Developer Website or relevant documentation provided before the point of purchase.

2. License and Your Responsibilities

2.1. License

You may install the Plugin on Your Machine free of charge and use it as described in Section 2 as long as You comply with this Agreement. This license is provided as worldwide, non-exclusive, non-transferable, non-sublicensable, and royalty-free for the term of this Agreement.

2.2. Free Use

Following the installation, You may use the Plugin for free for any commercial or non-commercial purposes:

a. during the Trial Period; and

b. if the Plugin supports a freemium mode, also after the end of the Trial Period in the freemium mode (in which only some features may be available), always subject to the terms of this Agreement.

2.3. Subscription

If you want to use the Plugin after the Trial Period, You must create a JetBrains Account and obtain a valid license, which is limited to a Subscription. That process may be started from the JetBrains Marketplace (or by a JetBrains Affiliate).

2.4. Updates

We may issue updates of the Plugin in the form of a higher Plugin version. These updates may change the Plugin features. If you install the newer version of the Plugin, You agree with these changes and acknowledge that updates are subject to the terms of this Agreement, unless agreed otherwise in this Agreement.

2.5. Restrictions

Without Our express written permission (or unless this right is granted by applicable law), You may not:

a. use the Plugin or its features in a manner contrary to this Agreement or applicable laws;

b. reverse-engineer, disassemble, or decompile the Plugin, or parts thereof, or try to derive the source code of the Plugin in any way;

c. modify, alter, adapt, translate, enhance, tamper with, repair, or otherwise create derivative works of the Plugin or any part thereof;

d. sell, rent, lease, sublease, license, sublicense, lend, time-share, transfer, assign, provide the use of, or otherwise provide the Plugin or access to the Plugin to any third party, whether in whole or in part;

e. use, or try to use the Plugin in a way that avoids incurring fees, including overcoming technical restrictions, security protection, or authentication methods applicable after the Trial Period; and

f. access the Plugin in order to build a similar or competitive product or service, as well as copy any ideas, features, functions, or graphics of the Plugin or any part thereof.

3. Intellectual Property Rights and Ownership

3.1. Our Rights

All intellectual property rights or other property rights to the Plugin are retained by Us or our licensors. This includes all Plugin-related copyrights, trademarks, patents, and other registered or unregistered intellectual property. With the exception of the license granted to You under this Agreement, nothing in this Agreement grants, by implication or otherwise, to You or any third party any intellectual property rights or other right, title, or interest in or to the Plugin or any other intellectual property.

3.2. You Own Your Data

You retain ownership of all proprietary and intellectual property rights to data that You transfer to or create in the Plugin. This means that We never own any of Your data.

3.3. Feedback

To the extent You provide any ideas, suggestions, recommendations, proposals, or other feedback regarding the Plugin, You give Us the right to use, change, commercialize, and incorporate any of it into the Plugin. You cannot withdraw this permission after it is given (it is irrevocable), and it is perpetual. You acknowledge that We are not required to pay a fee for this feedback and that We can transfer and give similar rights to Your feedback to anyone else worldwide.

4. Access and Your Data

4.1. Local Data on Your Machine

We do not see or have access to Your data in the Plugin by default. However, the JetBrains Product or any other process running on Your Machine may have access to the user folders in where Your data is stored. It is Your responsibility to keep Your local data secured on Your Machine.

4.2. Remote Data on JetBrains Servers

We may store Your data which You create with the Plugin on JetBrains Servers. This makes use of the JetBrains “settings sync” function within JetBrains Products, which allows you to comfortably move between computers on which You conduct Your work.

4.3. Remote Data on Our Servers

We may store Your data, in whole or in part, on Our Servers to facilitate the delivery of our services to You. By default, Your data will remain private on Your Machine, though You may opt into cloud backups and team-based collaboration after creating an account on the Developer Website.

5. Warranty Limitation

5.1. No Expressed Warranty

The Plugin is licensed to You on an “as is” and “as available” basis. This means that You agree to use it at Your own risk, and We make no express warranty as to the Plugin’s use or performance and do not represent or warrant that in any way that the Plugin:

a. is accurate, reliable, or correct;

b. will meet Your requirements;

c. will be available at any particular time or location, uninterrupted, or secure;

d. is free of defects or errors and that any, if found, will be corrected; and/or

e. is free of viruses or other harmful components.

5.2. Disclaimer of Warranties

To the maximum extent permitted by applicable law, We disclaim all warranties and conditions, whether express or implied (including, but not limited to, implied warranties of merchantability, fitness for particular purpose, title, and non-infringement) with regard to the Plugin and the provision of any related support, updates, or upgrades. In no event will the Developer be liable for any direct or indirect costs, losses, or damages associated with the use of the Plugin. The Developer shall not be liable to You for any lost profits or consequential damages, however caused, 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 via the JetBrains Marketplace for the Plugin 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 You and the Developer.