EULA

This End-User License Agreement ("EULA") is a legal agreement between you and GD Next GmbH. JetBrains is not a party to this EULA.
This EULA governs your acquisition and use of Plugin directly from GD Next GmbH or indirectly through a GD Next GmbH authorized reseller or distributor, including but not limited to JetBrains Marketplace.
Please read this EULA carefully before completing the installation process and using the Plugin. It provides a license to use the Plugin and contains warranty information and liability disclaimers.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

• "EULA" means this End-User License Agreement that forms the entire agreement between you and the Developer regarding the use of the Plugin.
• “You” means the individual accessing or using the Plugin or the company, or other legal entity on behalf of which such individual is accessing or using the Plugin, as applicable.
• “Developer” means the author of the Plugin: GD Next GmbH, legal entity registered and acting under laws of Switzerland, with its registered office at ℅ Neuer, Wagistrasse 21, 8952 Schlieren ZH, Switzerland, registration No. CHE-432.135.089.
• “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.
• “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 a 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.
• “Plugin” means the PolyBPMN Plugin for JetBrains Product that Developer makes available under this EULA.
• “Plugin Users” means users that are able to access and use Plugin concurrently.
• “Site” means the website at the domain name address http://polybpmn.com/.
• "Reseller" means any distributor, reseller, including but not limited by who is entitled by the Developer to resell and/or distribute the Plugin.

By clicking "accept" (“I agree”) or installing and/or using the Plugin, you are confirming your acceptance of the EULA and consenting to become bound by the terms of this EULA. If you register for a free trial of the Plugin, this EULA will also govern that trial.

By entering this EULA, you represent and warrant that:
- You are at least 18 years of age and are able to enter a legally binding contract.
- You have the full right, power, and authority to enter and fully perform the binding obligations of this EULA. If you are entering this EULA on behalf of a company or other legal entity, you confirm that you have the authority to bind such entity and its affiliates to these terms and conditions.
- You are not an entity restricted by export control laws, nor are you acting on behalf of an entity restricted by export control laws.

If you do not comply with the abovementioned conditions or if you do not agree with the terms and conditions of this EULA, you are asked not to click the “accept” (“I agree”) button, download, install or use the Plugin, and you must not accept this EULA.
When subscribing to the Plugin, you must choose and accept the price for the subscription for the certain period of time.

GD Next GmbH hereby grants you a personal, non-transferable, non-exclusive license to use the Plugin on your devices in accordance with the terms of this EULA. The Plugin is licensed to you, not sold.
The license is granted for the period of time which was set for the appropriate subscription and was chosen and paid by you.
You are authorized to use Plugin in accordance with its technical documentation available on the Site or Developers’ page on JetBrains Marketplace for the period within which your subscription is valid in any country where JetBrains Products are available.
You are permitted to load the Plugin (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Plugin
If Plugin is a paid Plugin, you must ensure that the maximum number of Plugin Users does not exceed the number of Plugin Users for which you have purchased Plugin.

Plugin is protected by copyright and other intellectual property laws and treaties. Developer or its licensors own all title, copyright and other intellectual property rights in Plugin.

Developer shall at all times retain ownership of the Plugin as originally downloaded by you and all subsequent downloads of the Plugin by you. The Plugin (and the copyright, and other intellectual property rights of whatever nature in the Plugin, including any modifications made thereto) is and shall remain the property of Developer.
Developer reserves the right to grant licenses to use the Plugin to third parties.

You are not authorised to:

• Edit, alter, modify, adapt, reverse-engineer, decompile, disassemble, translate or otherwise change the whole or any part of the Plugin nor permit the whole or any part of the Plugin to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Plugin or attempt to do any such things.
• Reproduce, copy, distribute, resell, sublicense or otherwise use the Plugin for any commercial purpose.
• Allow any third party to use the Plugin on behalf of or for the benefit of any third party.
• Use the Plugin in any way which breaches any applicable local, national or international law.
• Use the Plugin for any purpose that Developer considers to be a breach of this EULA.

The Developer does not collect, hold or otherwise processes your personal data. If any of your personal data becomes available to the Developer, the personal data rules shall apply and Developer shall comply with such rules (including internal regulations and policies), except for such personal data is publicly available.

This EULA is effective commencing the date you first subscribe and download the Plugin and shall continue until terminated or subscription period expires.
You may terminate it at any time upon written notice to Developer. You may also terminate this EULA by deleting the Plugin and all copies thereof from your device or from your computer. EULA will also void immediately if you fail to comply with any term of this EULA. Upon such termination, the licenses granted by this EULA will immediately void and you agree to stop all access and use of the Plugin.

EULA will void immediately, without prior notice from Developer, in case you fail to comply with any provision of this EULA.
The provisions that by their nature continue and survive will survive any termination of this EULA.

Termination of this EULA shall not limit any of the Developer’s rights or remedies at law or in equity in case of breach by you (during the term of this EULA) of any of your obligations under the present EULA.
Early termination does not cause any reimbursement of the prepaid subscription fee.

You agree to indemnify and hold the Developer and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Plugin; (b) violation of this EULA or any law or regulation; or (c) violation of any right of a third party.

All Plugins are provided to you on an “as is” and “as available” principle\approach without warranties. Use of Plugins is at your own risk. Developer makes no warranty as to plugin’s use or performance. To the maximum extent permitted by applicable law, Developer disclaims all other warranties and conditions, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to Plugins, and the provision of or failure to provide support services. Developer does not warrant that Plugins are accurate, reliable, or correct; that Plugin meets your requirements; that Plugins will be available at any particular time or location, uninterrupted, or secure; that any defects or errors will be corrected; or that Plugins are free of viruses or other harmful components.

In no event shall the Developer be liable for any direct or indirect costs, losses, or damages associated with the use of Plugins.

The Developer shall not be liable to you for any lost profits or consequential damages, however caused, and in no event shall Developer’s aggregate liability arising out of or related to this agreement or the use of Plugin exceed the fees which you paid via JetBrains plugin marketplace service for Plugins in the three-month period preceding the claim. This limitation shall apply even if the Developer is 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 Developer and you.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

The EULA, and any dispute arising out of or in connection with this EULA, shall be governed by and construed in accordance with the laws of the Switzerland, without reference to conflict of laws principles, and the parties agree that any litigation relating to this EULA may only be brought in and will be subject to the jurisdiction of an appropriate court in Zurich, Switzerland. Notwithstanding the foregoing, the Developer may bring a claim for equitable relief in any court with proper jurisdiction.

The Developer reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect by publishing such amendments on the Site. What constitutes a material change will be determined at the sole discretion of the Developer.

By continuing to access or use the Plugin after any revisions take effect, you consent to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Plugin.

If you have any questions about this EULA or Plugin, you can contact Us:

• By email: polybpmn@gdnext.com
• By visiting this page on our Site.