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EULA.md

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END USER LICENSE AGREEMENT

Last updated November 14, 2022

Fish Language Support is licensed to You (End-User) by IT-Hock, located and registered at Feldbergstraße 5, Babenhausen, Hessen 64832, Germany ("Licensor"), for use only under the terms of this License Agreement.

By downloading the Licensed Application from Jetbrains Marketplace, 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."

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. IT-Hock, not the Services, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest ("Usage Rules"). IT-Hock acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

Fish Language Support 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. Fish Language Support is to be used on devices that operate with .

TABLE OF CONTENTS

  1. SCOPE OF LICENSE
  2. TECHNICAL REQUIREMENTS
  3. MAINTENANCE AND SUPPORT
  4. CONTRIBUTION LICENSE
  5. LIABILITY
  6. WARRANTY
  7. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
  8. INTELLECTUAL PROPERTY RIGHTS
  9. MISCELLANEOUS

Fish Language Support ("Licensed Application") is a piece of software created to Fish Language Support is a plugin for IntelliJ IDEA and other JetBrains IDEs that adds support for the Fish Shell language. — and customized for mobile devices ("Devices"). It is used to develop fish shell scripts.

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).

  1. SCOPE OF LICENSE

    1. 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.

    2. 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.

    3. You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with IT-Hock's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

    4. 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 IT-Hock's prior written consent).

    5. 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.

    6. Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

    7. Licensor reserves the right to modify the terms and conditions of licensing.

    8. 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.

  2. TECHNICAL REQUIREMENTS

    1. The Licensed Application requires a firmware version 2022.2.3 or higher. Licensor recommends using the latest version of the firmware.

    2. Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

    3. 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.

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

  3. MAINTENANCE AND SUPPORT

    1. Licensor is not obligated to provide maintenance and support services with respect to the Licensed Application.

    2. Licensor may provide maintenance and support services for the Licensed Application, but is not obligated to do so.

    3. 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.

    4. 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.).

    5. 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.

    6. You acknowledge that maintenance and support services may result in the introduction of new features or changes to existing features to the Licensed Application.

    7. 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.

    8. You acknowledge that Licensor may update the Licensed Application from time to time to provide Users with access to new features, improvements, or fixes.

  4. CONTRIBUTION LICENSE

    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).

    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.

    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.

  5. LIABILITY

    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.

  6. WARRANTY

    1. 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.

    2. 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 IT-Hock's sphere of influence that affect the executability of the Licensed Application.

    3. You are required to inspect the Licensed Application immediately after installing it and notify IT-Hock 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 one hundred (100) days after discovery.

    4. If we confirm that the Licensed Application is defective, IT-Hock reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

    5. 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.

    6. 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.

    IT-Hock and the End-User acknowledge that IT-Hock, 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:

    (i) product liability claims;

    (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and

    (iii) claims arising under consumer protection, privacy, or similar legislation.

    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.

    For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

    Dominic J. S. Hock
    Feldbergstraße 5
    Babenhausen, Hessen 64832
    Germany
    support@it-hock.de

    The license is valid until terminated by IT-Hock or by You. Your rights under this license will terminate automatically and without notice from IT-Hock 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.

  7. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

    IT-Hock represents and warrants that IT-Hock will comply with applicable third-party terms of agreement when using Licensed Application.

    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.

  8. INTELLECTUAL PROPERTY RIGHTS

    IT-Hock 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, IT-Hock, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

    This License Agreement is governed by the laws of Germany excluding its conflicts of law rules.

  9. MISCELLANEOUS

    1. 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.

    2. Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.