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<!--
~ Copyright (c) 2021 - 2022 IT-Hock. All rights reserved
-->
<!DOCTYPE html>
<html lang="en">
<head>
<meta charset="UTF-8"/>
<meta http-equiv="X-UA-Compatible" content="IE=edge"/>
<meta name="viewport" content="width=device-width, initial-scale=1.0"/>
<title>IT-Hock - JetBrains Marketplace EULA</title>
<style>
html {
background: #282a36;
}
body {
margin: 0 150px 0;
color: #f8f8f2;
background: #282a36;
}
span.updated {
color: #cfcfcf;
font-style: italic;
}
a {
color: #ff79c6;
text-decoration: none;
}
a:hover {
color: #ff91d0;
}
a:visited {
color: #fd5eb8;
}
span.highlight {
color: #bd93f9;
font-style: italic;
font-weight: bold;
}
h1,
h2 {
color: #50fa7b;
font-weight: bold;
}
.center {
text-align: center;
}
.small {
font-size: 0.8em;
}
.italic {
font-style: italic;
}
</style>
</head>
<body>
<h1 id="end-user-license-agreement">END USER LICENSE AGREEMENT</h1>
<p><span class="updated">Last updated November 14, 2022</span></p>
<p>
<span class="highlight">Fish Language Support</span> is licensed to You
(End-User) by <span class="highlight">IT-Hock</span>, located and
registered at Feldbergstraße 5, Babenhausen, Hessen 64832, Germany
("Licensor"), for use only under the terms of this License
Agreement.
</p>
<p>
By downloading the Licensed Application from
<span class="highlight">Jetbrains Marketplace</span>, and any update
thereto (as permitted by this License Agreement), You indicate that You
agree to be bound by all of the terms and conditions of this License
Agreement, and that You accept this License Agreement. referred to in this
License Agreement as "Services."
</p>
<p>
The parties of this License Agreement acknowledge that the Services are
not a Party to this License Agreement and are not bound by any provisions
or obligations with regard to the Licensed Application, such as warranty,
liability, maintenance and support thereof.<br/>
<span class="highlight">IT-Hock</span>, not the Services, is solely
responsible for the Licensed Application and the content thereof.
</p>
<p>
This License Agreement may not provide for usage rules for the Licensed
Application that are in conflict with the latest ("Usage
Rules"). <span class="highlight">IT-Hock</span> acknowledges that it
had the opportunity to review the Usage Rules and this License Agreement
is not conflicting with them.
</p>
<p>
<span class="highlight">Fish Language Support</span> when purchased or
downloaded through the Services, is licensed to You for use only under the
terms of this License Agreement. The Licensor reserves all rights not
expressly granted to You.
<span class="highlight">Fish Language Support</span> is to be used on
devices that operate with <span class="highlight">JetBrains IDE</span>.
</p>
<h1 id="table-of-contents">TABLE OF CONTENTS</h1>
<ol>
<li><a href="#scope">SCOPE OF LICENSE</a></li>
<li><a href="#technical">TECHNICAL REQUIREMENTS</a></li>
<li><a href="#maintenance">MAINTENANCE AND SUPPORT</a></li>
<li><a href="#contribution">CONTRIBUTION LICENSE</a></li>
<li><a href="#liability">LIABILITY</a></li>
<li><a href="#warranty">WARRANTY</a></li>
<li>
<a href="#thirdparty"
>THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY</a
>
</li>
<li><a href="#intellectual_property">INTELLECTUAL PROPERTY RIGHTS</a></li>
<li><a href="#misc">MISCELLANEOUS</a></li>
</ol>
<p>
<span class="highlight">Fish Language Support</span> ("Licensed
Application") is a plugin for
IntelliJ IDEA and other JetBrains IDEs that adds support for the Fish
Shell language.
It is used to develop fish shell scripts.
</p>
<p>
The Licensed Application is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act (HIPAA),
Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use this
Licensed Application. You may not use the Licensed Application in a way
that would violate the Gramm-Leach-Bliley Act (GLBA).
</p>
<ol>
<li>
<h2 id="scope">SCOPE OF LICENSE</h2>
<ol>
<li>
<p>
You are given a non-transferable, non-exclusive, non-sublicensable
license to install and use the Licensed Application on any Devices
that You (End-User) own or control and as permitted by the Usage
Rules, with the exception that such Licensed Application may be
accessed and used by other accounts associated with You (End-User,
The Purchaser) via Family Sharing or volume purchasing.
</p>
</li>
<li>
<p>
This license will also govern any updates of the Licensed
Application provided by Licensor that replace, repair, and/or
supplement the first Licensed Application, unless a separate
license is provided for such update, in which case the terms of
that new license will govern.
</p>
</li>
<li>
<p>
You may not share or make the Licensed Application available to
third parties (unless to the degree allowed by the Usage Rules,
and with <span class="highlight">IT-Hock</span>'s prior
written consent), sell, rent, lend, lease or otherwise
redistribute the Licensed Application.
</p>
</li>
<li>
<p>
You may not reverse engineer, translate, disassemble, integrate,
decompile, remove, modify, combine, create derivative works or
updates of, adapt, or attempt to derive the source code of the
Licensed Application, or any part thereof (except with
<span class="highlight">IT-Hock</span>'s prior written
consent).
</p>
</li>
<li>
<p>
You may not copy (excluding when expressly authorized by this
license and the Usage Rules) or alter the Licensed Application or
portions thereof. You may create and store copies only on devices
that You own or control for backup keeping under the terms of this
license, the Usage Rules, and any other terms and conditions that
apply to the device or software used. You may not remove any
intellectual property notices. You acknowledge that no
unauthorized third parties may gain access to these copies at any
time. If you sell your Devices to a third party, you must remove
the Licensed Application from the Devices before doing so.
</p>
</li>
<li>
<p>
Violations of the obligations mentioned above, as well as the
attempt of such infringement, may be subject to prosecution and
damages.
</p>
</li>
<li>
<p>
Licensor reserves the right to modify the terms and conditions of
licensing.
</p>
</li>
<li>
<p>
Nothing in this license should be interpreted to restrict
third-party terms. When using the Licensed Application, You must
ensure that You comply with applicable third-party terms and
conditions.
</p>
</li>
</ol>
</li>
<li>
<h2 id="technical">TECHNICAL REQUIREMENTS</h2>
<ol>
<li>
<p>
The Licensed Application requires a software version 2022.2.3 or
higher. Licensor recommends using the latest version of the
software.
</p>
</li>
<li>
<p>
Licensor attempts to keep the Licensed Application updated so that
it complies with modified/new versions of the software and new
hardware. You are not granted rights to claim such an update.
</p>
</li>
<li>
<p>
You acknowledge that it is Your responsibility to confirm and
determine that the app end-user device on which You intend to use
the Licensed Application satisfies the technical specifications
mentioned above.
</p>
</li>
<li>
<p>
Licensor reserves the right to modify the technical specifications
as it sees appropriate at any time.
</p>
</li>
</ol>
</li>
<li>
<h2 id="maintenance">MAINTENANCE AND SUPPORT</h2>
<ol>
<li>
<p>
Licensor is not obligated to provide maintenance and support
services with respect to the Licensed Application.
</p>
</li>
<li>
<p>
Licensor may provide maintenance and support services for the
Licensed Application, but is not obligated to do so.
</p>
</li>
<li>
<p>
Any supplemental software code provided to You as part of the
support services shall be considered part of the Licensed
Application and subject to the terms and conditions of this
License Agreement.
</p>
</li>
<li>
<p>
You acknowledge that Licensor may choose to provide maintenance
and support services for the Licensed Application via the Services
or via other sources (such as e-mail, telephone, etc.).
</p>
</li>
<li>
<p>
You acknowledge that maintenance and support services may require
the Services to provide certain information about You ( End-User)
and Your use of the Licensed Application, including but not
limited to diagnostic data and information about Your use of the
Licensed Application.
</p>
</li>
<li>
<p>
You acknowledge that maintenance and support services may result
in the introduction of new features or changes to existing
features to the Licensed Application.
</p>
</li>
<li>
<p>
You acknowledge that maintenance and support services may require
the Services to remotely access Your device to diagnose technical
problems or to provide maintenance and support services.
</p>
</li>
<li>
<p>
You acknowledge that Licensor may update the Licensed Application
from time to time to provide Users with access to new features,
improvements, or fixes.
</p>
</li>
</ol>
</li>
</ol>
<ol>
<li>
<h2 id="contribution">CONTRIBUTION LICENSE</h2>
<p>
You agree that we may access, store, process, and use any information
and personal data that you provide following the terms of the Privacy
Policy and your choices (including settings).
</p>
<p>
By submitting suggestions of other feedback regarding the Licensed
Application, you agree that we can use and share such feedback for any
purpose without compensation to you.
</p>
<p>
We do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations
in your Contributions provided by you in any area in the Licensed
Application. You are solely responsible for your Contributions to the
Licensed Application and you expressly agree to exonerate us from any
and all responsibility and to refrain from any legal action against us
regarding your Contributions.
</p>
</li>
<li>
<h2 id="liability">LIABILITY</h2>
<p>
Licensor takes no accountability or responsibility for any damages
caused due to a breach of duties according to Section 2 of this
License Agreement. To avoid data loss, You are required to make use of
backup functions of the Licensed Application to the extent allowed by
applicable third-party terms and conditions of use. You are aware that
in case of alterations or manipulations of the Licensed Application,
You will not have access to the Licensed Application.
</p>
</li>
<li>
<h2 id="warranty">WARRANTY</h2>
<ol>
<li>
<p>
Licensor warrants that the Licensed Application is free of
spyware, trojan horses, viruses, or any other malware at the time
of Your download. Licensor warrants that the Licensed Application
works as described in the user documentation.
</p>
</li>
<li>
<p>
No warranty is provided for the Licensed Application that is not
executable on the device, that has been unauthorizedly modified,
handled inappropriately or culpably, combined or installed with
inappropriate hardware or software, used with inappropriate
accessories, regardless if by Yourself or by third parties, or if
there are any other reasons outside of
<span class="highlight">IT-Hock</span>'s sphere of influence
that affect the executability of the Licensed Application.
</p>
</li>
<li>
<p>
You are required to inspect the Licensed Application immediately
after installing it and notify
<span class="highlight">IT-Hock</span> about issues discovered
without delay by email provided in Contact Information. The defect
report will be taken into consideration and further investigated
if it has been emailed within a period of fourteen (14) days
after discovery.
</p>
</li>
<li>
<p>
If we confirm that the Licensed Application is defective,
<span class="highlight">IT-Hock</span> reserves a choice to remedy
the situation either by means of solving the defect or substitute
delivery.
</p>
</li>
<li>
<p>
In the event of any failure of the Licensed Application to conform
to any applicable warranty, You may notify the Services Store
Operator, and Your Licensed Application purchase price will be
refunded to You. To the maximum extent permitted by applicable
law, the Services Store Operator will have no other warranty
obligation whatsoever with respect to the Licensed Application,
and any other losses, claims, damages, liabilities, expenses, and
costs attributable to any negligence to adhere to any warranty.
</p>
</li>
<li>
<p>
If the user is an entrepreneur, any claim based on faults expires
after a statutory period of limitation amounting to twelve (12)
months after the Licensed Application was made available to the
user. The statutory periods of limitation given by law apply for
users who are consumers.
</p>
</li>
</ol>
<p>
<span class="highlight">IT-Hock</span> and the End-User acknowledge
that <span class="highlight">IT-Hock</span>, and not the Services, is
responsible for addressing any claims of the End-User or any third
party relating to the Licensed Application or the End-User's
possession and/or use of that Licensed Application, including, but not
limited to:
</p>
<p>(i) product liability claims;</p>
<p>
(ii) any claim that the Licensed Application fails to conform to any
applicable legal or regulatory requirement; and
</p>
<p>
(iii) claims arising under consumer protection, privacy, or similar
legislation.
</p>
<p>
You represent and warrant that You are not located in a country that
is subject to a US Government embargo, or that has been designated by
the US Government as a "terrorist supporting" country; and
that You are not listed on any US Government list of prohibited or
restricted parties.
</p>
<p>
For general inquiries, complaints, questions or claims concerning the
Licensed Application, please contact:
</p>
<blockquote>
<p>
Dominic J. S. Hock<br/>
Feldbergstraße 5<br/>
Babenhausen, Hessen 64832<br/>
Germany<br/>
<a href="mailto:support@it-hock.de">support@it-hock.de</a>
</p>
</blockquote>
<p>
The license is valid until terminated by
<span class="highlight">IT-Hock</span> or by You. Your rights under
this license will terminate automatically and without notice from
<span class="highlight">IT-Hock</span> if You fail to adhere to any
term(s) of this license. Upon License termination, You shall stop all
use of the Licensed Application, and destroy all copies, full or
partial, of the Licensed Application.
</p>
</li>
<li>
<h2 id="thirdparty">
THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
</h2>
<p>
<span class="highlight">IT-Hock</span> represents and warrants that
<span class="highlight">IT-Hock</span> will comply with applicable
third-party terms of agreement when using Licensed Application.
</p>
<p>
In Accordance with Section 9 of the "Instructions for Minimum
Terms of Developer's End-User License Agreement,"
subsidiaries shall be third-party beneficiaries of this End User
License Agreement and — upon Your acceptance of the terms and
conditions of this License Agreement, will have the right (and will be
deemed to have accepted the right) to enforce this End User License
Agreement against You as a third-party beneficiary thereof.
</p>
</li>
<li>
<h2 id="intellectual_property">INTELLECTUAL PROPERTY RIGHTS</h2>
<p>
<span class="highlight">IT-Hock</span> and the End-User acknowledge
that, in the event of any third-party claim that the Licensed
Application or the End-User's possession and use of that Licensed
Application infringes on the third party's intellectual property
rights, <span class="highlight">IT-Hock</span>, and not the Services,
will be solely responsible for the investigation, defense, settlement,
and discharge or any such intellectual property infringement claims.
</p>
<p>
This License Agreement is governed by the laws of Germany excluding
its conflicts of law rules.
</p>
</li>
<li>
<h2 id="misc">MISCELLANEOUS</h2>
<ol>
<li>
<p>
If any of the terms of this agreement should be or become invalid,
the validity of the remaining provisions shall not be affected.
Invalid terms will be replaced by valid ones formulated in a way
that will achieve the primary purpose.
</p>
</li>
<li>
<p>
Collateral agreements, changes and amendments are only valid if
laid down in writing. The preceding clause can only be waived in
writing.
</p>
</li>
</ol>
</li>
</ol>
<div>
<p class="center small italic">
Copyright © 2022 IT-Hock. All rights reserved.
<br/><br/>
Copyright © 2000-2022 JetBrains s.r.o.
<br/>
JetBrains and the JetBrains logo are registered trademarks of JetBrains s.r.o.
<br/><br/>
Copyright © 2022 JetBrains s.r.o.
<br/>
IntelliJ IDEA and the IntelliJ IDEA logo are registered trademarks of JetBrains s.r.o.
</p>
</div>
</body>
</html>