1. Access to and use of Secure Code Warrior’s Sensei tool (Sensei) is licensed to You, pursuant to the following Terms and Conditions.
2. Scope of License: The License granted to you is a non-exclusive, revocable, royalty-free, non-transferable license to access and use Sensei, in accordance with the terms of these Sensei Terms and the Usage Rules.
3. Consent to Use of Data: You agree that SCW may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, as well as metrics around your usage that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to Sensei or Licensed Application. SCW may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
4. In consideration to your agreement to these terms there be no License Fee payable to SCW
5. Termination: The License is effective from the date it is downloaded and may be revoked by SCW at any time in its discretion. Your rights under the Sensei Terms will terminate automatically without notice from Us if You fail to comply with any term(s) of these Sensei Terms. On either termination or expiration of the License, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
6. Services; Third Party Materials: The Licensed Application may enable access to SCW’s and third party products, services and web sites (collectively and individually,"Services"). Access to and use of the Services may require Internet access and that you accept additional terms of service including additional charges for data access or downloads as may be required by SCW, Your carrier or other third party providers.
7. You agree to use the Services at Your sole risk and agree that SCW has no liability to You for any other content to the extent of exclusion of liability permitted by law. You further acknowledge and agree that SCW is not liable to You for the accuracy or completeness of any content available through the Services.
8. Certain Services may display, include or make available content, data, information, applications or materials from third parties (Third Party Materials) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that SCW is not responsible for examining or evaluating, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. SCW does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties to the maximum extent permitted by law. Third Party Materials and links to other websites are provided solely as a convenience to You.
9. You acknowledge and agree that: (a) Sensei and Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright, and (b) You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of Sensei and Services. No portion of Sensei or Services may be reproduced in any form or by any means.(c) You further agree not to use Sensei or Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that SCW is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of Sensei or Services.
10. If you upload, post or publish any material to the Services, You agree and acknowledge and agree that (a) You own or have license to use the material; (b) You agree that SCW may use such material in order to provide You with and make improvements to the Services; (c) You acknowledge that the material will not infringe a third party’s intellectual property right and in the event of such claim You agree to hold Secure Code Warrior harmless against such claim on a full indemnity basis; and (d) You will only use the features of the Services and upload any materials at your own risk. Furthermore, You will not hold SCW liable in any way whatsoever for the maintenance, protection or security of any material that you post to the Services.
11. Services and Third Party Materials that may be accessed from, displayed on or linked to from any Device are not available in all languages or in all countries. SCW makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. SCW, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will SCW be liable for the removal of or disabling of access to any such Services. SCW may also impose limits on the use of or access to certain Services, in any case and without notice or liability. SCW is not liable for providing Services consistent with the professional conduct standards in your jurisdiction. You agree that if you are an attorney, you are solely responsible for compliance with applicable rules of professional responsibility and ethical obligations to your clients and potential clients arising from your use of Sensei or Services in connection with their respective matters.
12. You acknowledge that the “Service” is made available to you via Jetbrains Marketplace but that Jetbrains is not a party to the Sensei Terms and is not responsible for or liable to You in any way. You agree that JetBrains does not and will not have any responsibility or liability related to compliance or non-compliance by you or any end user under these Sensei Terms, and you will indemnify JetBrains from any damage arising from breach of your obligations stipulated in this clause.
13. To the maximum extent permitted by law, our liability to you is limited, at our option, to: (a) in the case of goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and (b) in the case of services, resupply of the services or payment of the cost of re-supplying the services.
14. Subject to clause 13, and to the maximum extent permitted by law, You expressly acknowledge and agree that: (a) use of the licensed Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you; (b) the Licensed Application and any services performed or provided by theLicensed Application are provided “AS IS” and “AS AVAILABLE”, with all faults and without warranty of any kind unless expressly stated to the contrary in these Sensei Terms, Secure Code Warrior hereby disclaims all representations, warranties and conditions with respect to the Licensed Application and any services whether express or implied or statutory, including but not limited to the implied warranties and/ or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment. SCW does not warrant against interference with your enjoyment of the Licensed Application, that the functions contained in, or services performed or provided by, the Licensed Application will meet your requirements, that the operation of the Licensed Application or services will be uninterrupted or error-free, or that defects in the Licensed Application, or services will be corrected. To the maximum extent permitted by Law, no oral or written information or advice given by SCW or its authorised representative shall create a warranty.
15. In no event shall we be liable for 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 or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if SCW has been advised of the possibility of such damages. Nothing in this Agreement is intended to limit liability for death, personal injury or fraud. Subject to clause 10, and to the maximum extent permitted by law, the aggregate liability of Secure Code Warrior whether for breach of this Sensei Terms or in tort (including negligence) or for any other Common Law or statutory cause of action shall not exceed the total amount of the License Fee set out in the Sensei Order Form.
16. You may not use or otherwise export or re-export the Licensed Application except as authorised by the laws of the jurisdiction in which the Licensed Application was obtained.
17. This License Agreement and any disputes arising out of or in connection with access to and use of Sensei under the terms of the License Agreement will be governed and interpreted by the non-exclusive jurisdiction of:
(a) the laws of England and Wales where the contracting SCW entity is Secure Code Warrior Limited;
(b) the laws of New South Wales, where the contracting SCW entity is Secure Code Warrior Pty Limited; and
(c) the laws of the State of New York, where the contracting SCW entity is Secure Code Warrior, Inc.
18 Under no circumstances may you redistribute Sensei or Third Party Materials commercially or post any of Sensei or Third Party Materials on an intranet, internet, cloud or other platform or site whatsoever. Any transfer of the Materials shall be to an individual person only and will subject the transferee to these terms and conditions. Finally, use of Sensei and Third Party Materials are further subject to the terms and conditions of use which were accepted at the time you completed your purchase of Sensei and/or Third Party Materials.
19 DEFINITIONS
-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 Marketplace means any platform operated by Jetbrains Affiliate on which Jetbrains or 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 (excluding Sensei)
-Licensed Application means the means the Sensei product offered by Secure CodeWarrior which is a Plugin for Jetbrains Products
-Plugins means any Plugin for a Jetbrains Product, and any other product that SCW may elect to support, made available to you or that we otherwise deliver, and including any updates
-Plugin Information means the following information and materials: (a) JetBrains Marketplace Plugin title, tags / category, name(s) of Developer(s), description, icon, initial availability date, logo or banner images, and any other information related to Plugin; (b) the metadata, graphics, artwork, images, trademarks, trade names, logos and other descriptive or identifying information and materials associated with Developer or appears in connection with Plugin; and (c) in the case of a cloud-hosted Plugin, an XML/JSON descriptor of Plugin.
-Plugin Users means users that are able to access and use Plugin concurrently.
-SCW means Secure Code Warrior Limited, a company incorporated under the laws of England and Wales, Company No: 08559432, with its registered office at Ironstone House, 4 Ironstone Way, Brixworth. Northampton. NN6. 9UD and it’s related affiliates.
-Sensei Order Form means the Order Form that includes detail of Customer’s License and includes the Sensei Early Access Order Form.
-Usage Rules: You must not (or attempt to): (1) distribute Sensei or make Sensei available on a device that You do not own or control; (2) lease, lend, sell, redistribute, sublicense or in any way commercialise Sensei; (3) decompile, reverse engineer, or in any way attempt to derive the source code of, modify or create derivative works ofSensei or any part of it including any updates.
-You/ Your means the Customer, including its authorised End Users.
BY DOWNLOADING, INSTALLING AND/OR USING THE LICENSED APPLICATION AND/OR SIGNING THE SENSEI ORDER FORM YOU ACCEPT THE TERMS AND CONDITIONS of the SENSEI LICENSE TERMS
