Robpod Studio End-User License Agreement

This Agreement is a legal agreement between You and Robpod di R. A. (“Robpod”).

Please read this Agreement carefully before completing the installation process and using Robpod Studio. It provides a license to use Robpod Studio Plugin and contains warranty information and liability disclaimers.

If You are entering into this Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these terms and conditions. If You do not have such authority or if You do not agree with the terms and conditions of this Agreement, do not install or use the Software, and You must not accept this agreement.

By agreeing to be bound by this Agreement, you further agree You will comply with the provisions of this Agreement.

BY DOWNLOADING/INSTALLING/USING Robpod Studio APPLICATION, YOU:

  • (A) ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THIS AGREEMENT;
  • (B) YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND
  • (C) YOU AGREE IF YOU ACCESS THE APPLICATION FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/INSTALL/USE THE APPLICATIO

Parties

“Developer” or “Robpod” means Robpod di R. A. , Cremona, Italy.

“JetBrains” means JetBrains s.r.o. with its registered office at Na Hřebenech II 1718/10, 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.

“Customer” or “You” means the physical person or legal entity accepting this Agreement. For legal entities, “Customer” includes any entity which controls, is controlled by, or is under common control with Customer. For the purposes of this definition, “control” means (I) the power, directly or indirectly, to direct or manage such entity, whether by contract or otherwise, or (II) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

Definitions

“Agreement” means this  Robpod Studio Plugin Agreement.

“JetBrains Products and Services” means any generally available JetBrains software product identified by JetBrains as an individual developer tool, teamware tool, or online service.

“Plugin” means any plugin, extension, or other software designed to work with the JetBrains Products and Services.

“JetBrains Plugin Marketplace Service” means any platform at which JetBrains markets the Plugins, including the website https://plugins.jetbrains.com or any other website or other platform, whether named as JetBrains Plugin Marketplace Service, JetBrains Repository or otherwise.

“Robpod Studio” means the Plugin created by Developer for supported JetBrains Products and Services.

“Source Code” means Robpod Studio code in human-readable form or any part of Robpod Studio code in human-readable form, including code compiled to create Robpod Studio or decompiled from Robpod Studio.

“Authorized Computer” means a desktop computer for which the applicable license fees have been paid, as stated on the Ordering Document, on which you are authorized to install and/or use the functionality in the Software.

General

This Agreement governs the terms of use of Robpod Studio made available to as a JetBrains Plugin. This Agreement is entered into between You and Developer. Developer does not and will not have any responsibility or liability related to Your use of the Plugin.

You must ensure that the maximum number of users that are able to access and use Robpod Sudio concurrently (“Plugin Users”) does not exceed the number of Plugin Users for which You have ordered the Plugin and paid the license price.

You may not modify, reverse engineer, decompile or disassemble Robpod Studio in whole or in part, or create any derivative works from or sublicense any rights in the Plugin, unless otherwise expressly authorized in writing by Developer.

The Robpod Studio is protected by copyright and other intellectual property laws and treaties. Developer own all title, copyright and other intellectual property rights for Robpod Studio.

Warranty

ROBPOD STUDIO IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF THE PLUGIN IS AT YOUR OWN RISK. DEVELOPER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPER DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO ROBPOD STUDIO, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. DEVELOPER DOES NOT WARRANT THAT ROBPOD STUDIO IS ACCURATE, RELIABLE OR CORRECT; THAT ROBPOD STUDIO WILL MEET YOUR REQUIREMENTS; THAT THE QML EDITOR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ROBPOD STUDIO IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL DEVELOPER BE LIABLE FOR ANY DIRECT OR INDIRECT COSTS, LOSSES OR DAMAGES ASSOCIATED WITH THE USE OF THE QML EDITOR.

DEVELOPER SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND, IN NO EVENT WILL DEVELOPER AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE QT STYLE SHEET HIGHLIGHTER  PLUGIN.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Robpod’s total liability to You for all damages exceed the amount of fee paid to acquire a Ropod Studio License. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Idemnification

You agree to indemnify, defend and hold harmless Robpod and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Plugin or your breach of this Agreement. Furthermore, you agree that Company assumes no responsibility for the content you submit or make available through this Plugin.

License

You may use the Robpod Studio as long as You comply with the terms of this Agreement.

Without written Developer permission You may not:

  • remove any copyright or other proprietary notices displayed or contained in Robpod Studio;
  • modify, reverse engineer, decompile, disassemble or alter Robpod studio in whole or in part;
  • copy, distribute, sell, lease, rent, or provide Robpod Studio or its parts to others;
  • use Robpod Studio in any way which breaches any applicable local, national or international law;
  • use Robpod Studio in any way which Developer considers is a breach of this Agreement.
  • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available Robpod Studio or any features or functionality of Robpod Studio, to any third party for any reason, including by making Robpod Studio available on a network where it is capable of being accessed by more than one device at any time
  • remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting Robpod Studio.

Developer reserves the right to revoke authorization to use, access, view, download, and print Robpod Studio content at any time, and You shall discontinue such use immediately upon notice from Developer .

Developer reserves the right to modify the technical specifications as it sees appropriate at any time.

The rights granted to You for use of Robpod Studio constitute a grant of rights and not a transfer of title.

Trial Period

Robpod Studio is provided with a free of charge 15 days trial period. During the Trial Period You will comply with all the statements of this Agreement.

Paid License

After Trial Period is completed, You will need to purchase a Paid License In order to use Robpod Studio under this Agreement. You must activate and/or register your copy of Robpod Studio with the valid license key or activation code provided to you (“License Key”) by Robpod at the time of license purchase. The total count of Authorized Computers on which the Software is installed must not exceed the number of licenses purchased.

On-Line License Validation

You acknowledge that an Internet Connection may be occasionally required on your Authorized Computer to validate the installed License Key. You also acknowledge that if On-Line License Validation fails for any reason, Paid License could be temporarily suspended and access to Robpod Studio limited.

Source Code

Nothing in this Agreement shall give You or any other person any right to access or use the Source Code or constitute any licence of the Source Code.

Intellectual Property Rights and Ownership

Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from Developer to You, or from the You to the Developer.

Developer shall at all times retain ownership of Robpod Studio as originally downloaded by You and all subsequent downloads of the Software by You. Robpod Studio (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Developer.

Developer reserves the right to grant licences to use the Software to third parties.

Third Party Software

The Software incorporates or interacts with third party components delivered with the Software and that are subject to the terms and conditions of the third party software licenses (“Third Party Software”) listed at https://www.robpod.cloud/studio-third-party-licenses, as may be modified by Robpod from time to time to reflect changes in the composition of Third Party Software. Please note that the Third Party Software includes so-called “open source” software, which can provide certain additional rights to end users. To the extent required by the licenses that accompanies the Third Party Software, the terms of such licenses will apply instead of the terms of this Agreement with respect to such Third Party Software, including, without limitation, any provisions governing access to source code, modification or reverse engineering.

Updates

Developer may from time to time in its sole discretion develop and provide Plugin updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Developer has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

You shall promptly download and install all Updates and acknowledge and agree that the Plugin or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Plugin and be subject to all terms and conditions of this Agreement.

Collection and Use of Your Information

You acknowledge that when you download, install or use Robpod Studio, Developer may use automatic means (including, for example, cookies and web beacons) to collect information about device and about your use of the application. You also may be required to provide certain information about yourself as a condition to downloading, installing or using Robpod Studio or certain of its features or functionality, and Robpod Studio may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy https://www.robpod.cloud/privacy-policy/. By downloading, installing, using and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Term and Expiration

This Agreement is effective from the date You first use Robpod Studio and shall continue in effect until expiration of all royalty or other payment obligations.

You may terminate this Agreement by deleting the Application and all copies thereof from your Authorized Computer. Developer may terminate this Agreement at any time without notice if it ceases to support the Plugin, which Developer may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination, all rights granted to you under this Agreement will also terminate and you must cease all use of the Plugin and delete all copies of the Plugin from your Authorized Computer. Termination will not limit any of Company’s rights or remedies at law or in equity.

Governing Law

This Agreement, and any dispute arising out of or in connection with this Agreement, shall be governed by and construed in accordance with the laws of Cremona, Italy.

Contact Information

For general inquiries, complaints, questions or claims concerning Robpod Studio, please contact:

Robpod di R. A., 26100, Cremona, Italy.

info@robpod.cloud

Last Updated:  13/08/2023