End User License Agreement

Last Updated on Feb 13, 2024

This End User License Agreement “EULA” is concluded between You and the Developer with respect to the Plugin.

  1. Definitions

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

    "Developer" means Karate Labs Inc.

    “Documentation” means the latest versions of all online technical documentation available for a Plugin at https://github.com/karatelabs and any other relevant Plugin documentation provided either by JetBrains / Visual Studio or the Developer that applies to the Plugin.

    “Paid Plugin” means a Plugin that is offered for a fee (can be either a one-time license fee or a recurring subscription fee).

    "Plugin" means any plugin, extension, application, widget, or other software program designed to work with JetBrains IntelliJ and Visual Studio Code that the Developer makes available under this Standard EULA.

    "Plugin Users" means users that are able to access and use the Plugin concurrently.

    “Plugin Version” means a release, update, or upgrade of a particular Plugin that is not identified by the Developer as being made for the purpose of fixing software bugs.

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

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

    "You" means an individual or an entity concluding this Standard EULA.

  2. Grant of License

    1. License.

      The Developer hereby grants You a limited, worldwide, non-exclusive, non-transferable license to use the Plugin (including any generally available updates and upgrades released during your rightful use of the Plugin) as long as the use is in line with Your Subscription, Confirmation, the Documentation, and the limits set out in this Standard EULA. You may:

      1. install the Plugin;
      2. use the Plugin subject to the limits described in Your Confirmation (if any); and
      3. make backup copies of the Plugin for archival purposes.

    2. Restrictions.

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

    3. Duration of License.

      The license granted under this Standard EULA can be provided as:

      1. paid Plugins for which You are charged a one-time license fee, and
      2. time-limited for the duration of your Subscription Period, in case of Paid Plugins for which You pay an annual or monthly Subscription fee.
      3. For more details about the type of Paid Plugin, see the information in Your Confirmation or login to https://studio.karatelabs.io/signin to manage your subscription.

  3. Subscription

    1. Subscription Limits.

      If You purchased a Plugin Subscription, You must use the Paid Plugin in accordance with the limits described in Your subscription plan (e.g., You must ensure that the maximum number of Plugin Users does not exceed the number of Plugin Users for which You have purchased the Subscription).

    2. Subscription Period. The Subscription Period can be either annual or monthly.

  4. Updates

    The software may periodically check for updates and download and install them for you. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices.

    If you do not want automatic updates, you may turn them off by following the instructions in JetBrains IntelliJ IDEA or Visual Studio Code.

  5. Maintenance and Support

    1. Developer is not obligated, expressed or implied, to provide any maintenance, technical or other support for the plugin.
    2. Developer and You acknowledge that the developer has no obligation whatsoever to furnish any maintenance and support services with respect to the plugins unless You have signed an enterprise maintenance and support agreement with developer.

  6. Termination

    Your rights under this EULA will terminate automatically and without notice from Developer if You fail to adhere to any term(s) of this EULA. Upon termination, You shall stop all use of the Plugin and destroy all copies, full or partial, of the Plugin.

  7. Use of Data

    You acknowledge that Developer will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Developers use of such material and information is subject to Your legal agreements with Developer and Developer’s privacy policy: https://www.karatelabs.io/privacy-policy.

    You acknowledge that the Developer may periodically collect and use technical data and related information about your device, system, and application software, to improve its products or technologies to You, as long as it is in a form that does not personally identify you.

  8. Intellectual Property

    The Plugin is protected by copyright and other intellectual property laws and treaties. The Developer owns all title, copyright, and other intellectual property rights to the Plugin.

  9. Disclaimer of Warranty

    ALL PLUGINS ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES. YOUR USE OF PLUGINS IS AT YOUR OWN RISK. THE DEVELOPER PROVIDES NO WARRANTY AS TO THE PLUGIN'S USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE 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 THE PLUGIN, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE DEVELOPER DOES NOT WARRANT THAT THE PLUGIN IS ACCURATE, RELIABLE, OR CORRECT; THAT THE PLUGIN MEETS YOUR REQUIREMENTS; THAT THE PLUGIN WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PLUGIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS REQUIRED BY APPLICABLE LAWS, ANY UPDATES AND UPGRADES TO THE PLUGIN WILL ONLY BE PROVIDED ON AN “AS AVAILABLE” BASIS, I.E., AT THE DEVELOPER’S SOLE DISCRETION.

  10. Limitation of Liability

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

    THE DEVELOPER SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL DAMAGES, NO MATTER THE CAUSE OF SAID PROFITS OR DAMAGES, 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 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 THE DEVELOPER AND YOU.

    MICROSOFT CORPORATION LIABILITY IS EXCLUDED IN ITS ENTIRETY AS MICROSOFT IS NOT A PARTY TO THE CONTRACTUAL RELATIONSHIP BETWEEN THE DEVELOPER AND YOU.

  11. Contact Information

    For general inquiries, complaints or questions concerning the Plugin, please contact: Karate Labs Inc.
    1507 Sandcroft Ln
    Sugar Land, TX 77479
    United States
    info@karatelabs.io

  12. Applicable Law

    This EULA is governed by the laws of the State of Texas without regard to its principles of conflicts of law, and any dispute arising out of the Agreement will be exclusively resolved in the State or Federal courts located in Texas.