Datalore (On-Premises)
License Agreement
Version 3.3, effective as of July 03, 2023
Welcome to JetBrains Datalore!
This Agreement constitutes a legally binding document, and it is important that You read it
carefully.
JETBRAINS DATALORE REQUIRES A HEIGHTENED AWARENESS OF SECURITY-RELATED ISSUES,ESPECIALLY WHEN SHARING DATA WITH THIRD PARTIES. PLEASE TAKE STOCK OF THE
CHARACTERISTICS AND CAPABILITIES OF JETBRAINS DATALORE BY READING THE
DOCUMENTATION AND FAMILIARIZE YOURSELF WITH YOUR RESPONSIBILITIES AS SET OUT IN
THIS AGREEMENT. PLEASE NOTE THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN
SECTIONS 8 AND 9 BELOW.
You understand that by accepting this Datalore (On-Premises) License Agreement (by clicking
the "I agree" or a similar button or by accessing or using Datalore), You enter into a legal
agreement and agree to certain legal conditions for Yourself or for the legal entity that You
represent.
By accepting this Datalore (On-Premises) License Agreement, You confirm that You understandit, agree to it, and are at least 13 years of age.
1. Introduction
This JetBrains Datalore (On-Premises) License Agreement ("Agreement") describes how You
can access, purchase, and use Datalore.
Accepting this Agreement creates a legal agreement between (i) JetBrains s.r.o., a company
registered in the Commercial Register of the Prague Municipal Court, Section C, File 86211, ID
No. 265 02 275 with its registered office at Na Hřebenech II 1718/8, Prague, 14000, Czech
Republic ("JetBrains", "We", or "Us") and (ii) You, either a legal entity or a natural person ("You").
If You accept this Agreement on behalf of a legal entity, You confirm ('represent and warrant')that You are authorized to enter into agreements on behalf of that legal entity. If this Agreement
is accepted using an email address provided by a legal entity, We will regard ('deem') You as
authorized to represent that legal entity. You must be able to enter into contracts ('have
capacity').
Summary: Accepting this Agreement creates a legal agreement between You and
JetBrains. There are legal implications to accepting this Agreement.
2. Definitionsa) Special legal phrases
There are certain phrases that have an accepted meaning for lawyers. To ensure this Agreement
is clear and accessible, We have included the accepted 'legal' phrase in parentheses after theword to show that We intend it to have the accepted 'legal' meaning.
b) Definitions

There are also words or phrases in this Agreement that have a particular defined meaning.
When the word or phrase is used for the first time, it is defined and capitalized. This Agreement
also uses the following definitions:"Affiliate" means, with respect to any party, any entity that directly or indirectly, through one ormore intermediaries, controls, is controlled by, or is under common control of that party.
'Control' for such purposes means the possession, direct or indirect, of the power to direct oraffect the direction of the management and policies of a person or entity, whether through theownership of voting securities, by contract, or otherwise. You are responsible for thecompliance of Your Affiliate with this Agreement.
"Confirmation" means an email confirming Your rights to use Datalore and containing
important information about Your Subscription Plan, such as ('including, but not limited to') the
Subscription Period, the price of Your Subscription, and the number of Users that You areentitled to, as well as important payment information and information about application
integrations You can use.
"Data" refers to Your data that may be transferred to, stored in, processed by, or otherwise usedin Datalore.
"Datalore" means the JetBrains product offering known as "JetBrains Datalore On-Premises",
which is offered as on-premises software and includes all downloadable parts of Datalore thatare provided by JetBrains in binary form (if any), the Documentation, software updates, and all
Third-Party Software.
"Documentation" means the latest versions of all online Datalore technical documentation
available at https://www.jetbrains.com/help/datalore/dl-help-home.html and any other relevant
Datalore policy available on the JetBrains Website that applies to Datalore.
"JetBrains Account" means an account created by You at https://account.jetbrains.com
enabling administration of and/or access to Datalore.
"JetBrains Website" means the Datalore product website athttps://www.jetbrains.com/datalore/ and any other website operated by Us.
"Subscription" means Your right to use Datalore.
"Subscription Period" means the Subscription period described in Your Confirmation.
"Subscription Plan" means a subscription plan detailed in Your Confirmation and the specificfeatures associated with it, as described on the JetBrains Website and/or in the Documentation.
If the description of Your Subscription Plan in Your Confirmation is different from the description
on the JetBrains Website or in the Documentation, the description in Your Confirmation takes
precedence.
"Third-Party Software" means any third-party software program that is owned or licensed bysomeone other than Us and is described on the JetBrains Website.
"User" means a person who is authorized by You to use and access Datalore under Your
Subscription (including persons with limited user rights).
Summary: Words starting with capital letters have special meanings. These are defined inthis section or wherever they are used for the first time in this Agreement.

3. Subscriptions, Rights, and Responsibilitiesa) Subscriptionsi) Subscription Plan – In order to use Datalore, You must have a Subscription (either a free orpaid Subscription Plan). Your Subscription gives You and any of Your Affiliates authorized by You
the ability to use Datalore in accordance with the limits described in Your Subscription Plan. The
limits include the maximum number of Users who can use Datalore.
ii) Increasing the number of Users – The paid Subscription Plan allows You to increase themaximum number of Users during the Subscription Period. If You need more Users under Your
paid Subscription Plan, You can contact Us or purchase more on JetBrains Website. Anychanges to Your Subscription will be effective as soon as We confirm them.
iii) Automatic Renewals – Unless You expressly opt out, Your Subscription and the Subscription
Period renew automatically. You can opt out of the automatic renewal of Your Subscription inYour JetBrains Account at any time.
iv) Trial Subscriptions – If You selected one of the paid Subscription Plans, You may be eligible
for an evaluation Subscription ("Trial Subscription"), as described in the Documentation or on
the JetBrains Website. The Trial Subscription is free and must be used only to assess whether
Datalore suits Your needs. You are eligible for one Trial Subscription. When the Trial
Subscription ends, You will have the option to continue with a paid Subscription Plan, use thefree Subscription Plan, or stop using Datalore. You can end the Trial Subscription at any time bydiscontinuing use of Datalore, as it has a feature that will disable Datalore automatically.
Summary: Please pay attention to the time period for which You are entitled to use
Datalore, the fact that it renews automatically, and the number of Users You havepurchased.
b) Right to use Datalore
As long as You comply with this Agreement, the Documentation, and the limits of Your
Subscription Plan, JetBrains hereby grants You and Your Affiliates authorized by You a limited,worldwide, non-exclusive, non-transferable right to use Datalore in line with Your Subscription
Plan and for the duration of your Subscription Period so that You may:i) install Datalore;ii) use Datalore;iii) create a limited number of User accounts and allow these Users to use Datalore; andiv) make backup copies of Datalore for archival purposes.
c) Your responsibilities
You are responsible for:i) Users – making sure that your Users do not breach this Agreement and that their use of
Datalore is rightful. If You become aware that a User is breaching this Agreement, You must
immediately revoke that User's right to use Your Datalore instance;ii) Permitted use – configuring and using Datalore according to this Agreement, theDocumentation, and Your Subscription Plan;iii) Your account – registering in your JetBrains Account or on the JetBrains Website to use
Datalore and providing JetBrains with a verifiable legal name by which to identify You, as well as
a valid email address and other information required on the registration form;iv) Confidentiality and security – keeping Your usernames, passwords, and access tokens
confidential and secure, and making sure that Your Users do the same;v) Equipment – since all deliveries under this Agreement will be electronic, You must have asuitable internet connection in order to access Your JetBrains Account and to receive any
deliveries. It is also Your responsibility to have access to any hardware and any third-party
software needed to run Datalore, such as a browser with compatible data security protocols;vi) Settings – maintaining the default settings We provided or the settings recommended in theDocumentation; andvii) Compliance with laws – ensuring that You and Your Users use Datalore according to allapplicable laws and governmental regulations.
d) Restrictions
You must not, and You must make sure Your Users do not:i) Interfere – reverse-engineer, disassemble, or decompile Datalore or try to derive the sourcecode of Datalore in any way, unless applicable law allows it;ii) Steal – modify, alter, tamper with, repair, or otherwise create derivative works of Datalore,
unless We give You express permission;iii) Cheat – use, or try to use Datalore in a way that avoids incurring fees or exceeding the limits
for Your Subscription Plan, including, but not limited to, tampering with Users records;iv) Hack – utilize any procedures or tools to bypass Datalore security, or utilize or allow Datalore
to be utilized for the purpose of hacking, tunneling, or otherwise gaining unauthorized access toany computer or system;v) Facilitate unauthorized access – allow unauthorized access to Datalore;vi) Resell or distribute – resell or otherwise provide Datalore or access to Datalore to any third
party, except if We give You express permission; and;vii) Engage in high risk activities – use or permit, enable, or facilitate the use of Datalore for highrisk activities (for example, where Datalore's use or failure would reasonably be expected tolead to death, personal injury, or environmental damage, such as the creation, manufacture, or
operation of nuclear facilities, air traffic control systems, life support systems, or weaponry).
Summary: You can use Datalore according to this Agreement. Do not breach therestrictions outlined above, as they are an important part of this Agreement between You
and Us.
4. Intellectual Property Rights and Ownershipa) We own Datalore
We own, or have the right to use, all the proprietary and intellectual property rights to Datalore.
This includes all Datalore-related trade secrets, copyrights, trademarks, service marks, patents,and other registered or unregistered intellectual property. These are Our rights ('rights arereserved'). The only intellectual property rights that You have in relation to Datalore are thosethat are necessary in order for You and Your Users to access and use Datalore in accordancewith this Agreement and the Documentation.
b) You own Your Data
You keep ownership of all proprietary and intellectual property rights to your Data. This meansthat we never own any of your Data.
c) Feedback
You give Us the right to use, change ('modify'), commercialize, and incorporate into Datalore anyof Your ideas, suggestions, recommendations, proposals, or other feedback relating to
Datalore. You cannot withdraw this permission after it is given (it is 'irrevocable') and it isperpetual. We are not required to pay a fee for this feedback (it is 'royalty-free'), and We cantransfer and give similar rights ('sublicense') to Your feedback to anyone else worldwide.
d) Third-Party Software
You understand that Datalore integrates Third-Party Software and that by using Datalore You
might be using Third-Party Software. This Third-Party Software is provided to You on the terms
and conditions of the respective Third-Party Software and You need to comply with those terms
and conditions, which are available here: https://www.jetbrains.com/legal/third-partysoftware/. Nothing in this Agreement limits Your right to use Third-Party Software under those
applicable terms and conditions.
Summary: Datalore and all intellectual property relating to Datalore is owned by Us unless
We integrated Third-Party Software listed on the JetBrains Website. Any Data created by
You remains Yours. When You share feedback with Us, We are allowed to use it.
5. Access and Your Data
If You use Datalore, We do not see or have access to Your Data. Depending on the nature of Your
Data and the specific Datalore settings that You are using, the Data (such as reports) may beaccessed by and visible to other Users or the public. It is Your responsibility to select and set theappropriate level of access to Your Data, as described in the Documentation.
6. Fees and Paymentsa) Subscription fees
You can use Datalore for free when You sign up for the free Subscription Plan. The free
Subscription Plan comes with limited features compared to a paid Subscription Plan, and You
cannot make use of features that allow You to exceed the limits described on the JetBrains
Website. If You select a paid Subscription Plan, You agree to pay Subscription fees based on thepricing described on the JetBrains Website and in this Agreement, and We will charge You as
stated in this Section.
b) Subscription billing
You will be charged annually in accordance with Your Subscription Plan and the method bywhich You choose to pay.

i) Subscription billing – At the beginning of each Subscription Period, You will be charged
Subscription fees according to the Subscription Plan and the number of Users purchased inYour Subscription.
ii) Subscription renewals – When Your Subscription is renewed, We will charge You based onYour Subscription Plan and the number of Users purchased in the Subscription Period
preceding the renewal.
iii) Adjustment of Your Subscription – If You wish to purchase additional resources offered within
Datalore (such as additional Users), We will inform You of the price of the additional resources,
which will be charged to You upon order confirmation.
c) Purchasing directly or through authorized resellers and distributors
This Agreement applies whether You pay the fees described above directly to JetBrains or
through an authorized JetBrains reseller or distributor. Neither resellers nor distributors areauthorized to make any promises or commitments on JetBrains' behalf, and You understand andagree that JetBrains is not bound by any obligations to You other than as specified in thisAgreement.
d) Paymentsi) Payment terms – Unless We agreed to specific payment or billing terms in this Agreement,
fees according to this Agreement must be paid by You in accordance with the JetBrains Terms
and Conditions of Purchase (available at www.jetbrains.com/legal/docs/store/terms/) or inaccordance with the terms provided to You by Your authorized JetBrains reseller or distributor,
whichever are applicable.
ii) Set-off – You cannot deduct or set off any amount from the fees that You have to pay Us, even
if We owe You an amount or You believe We owe You an amount ('counterclaim').
iii) Taxes – All Subscription fees, and other amounts relating to Datalore, exclude any and allapplicable taxes and similar fees (except taxes based solely on Our income) now in force or that
may be imposed in the future on the provision of Datalore. You are responsible for all taxes,
levies, and duties, such as value-added tax ('VAT'), sales tax, and withholding tax, that apply inYour country. You have to pay these in addition to the fees payable to Us.
e) Resolution of late payments
To continue using Datalore without interruption, You must make sure that You pay all the
relevant fees on time. If You do not, We can:i) limit Your Users' access to Datalore or any of its features; orii) suspend Your access to Datalore or end this Agreement (see the 'Temporary Suspension' and'Term and Termination' Section).
You will reimburse Us for any additional costs that We incur in collecting late payments or that
result from a breach of this Section. There will be no refunds of prepaid services in the event oftermination or suspension, and We can charge You during the suspension period.
Summary: To use Datalore, You must pay Your Subscription fees on time. If You need more
Users and have a paid Subscription Plan, You can contact Us to purchase more. Payments
are subject to the JetBrains Terms and Conditions of Purchase.

7. Support
Your Subscription includes the support outlined on the JetBrains Website ("Support"). We will
provide Support only to the extent required for You to use Datalore in accordance with theDocumentation.
You can request Support by submitting a Support ticket at any time. We will try to respond toYour request in a reasonable timeframe.
We can resolve a Support request by deciding in Our sole discretion to implement a publicly
available patch, upgrade, or release in the future; by choosing to modify certain features,functionality, or settings; by providing necessary Support information; or by remaining inactive.
If You decide to submit Data to Us as part of Your Support request, We will keep it confidential.
By providing the Data, You give Us the necessary rights to access, view, store, and analyze it in
the context of providing You with Support.
8. IMPORTANT – YOUR RISK AND OUR DISCLAIMERS(RISK) DATALORE AND ANY DATALORE SUPPORT IS PROVIDED ON AN 'AS IS' AND 'AS
AVAILABLE' BASIS. YOU ACCESS AND USE DATALORE AT YOUR OWN RISK.
(WARRANTIES & REPRESENTATIONS) EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT,WE MAKE NO REPRESENTATIONS AND GIVE NO WARRANTIES IN RELATION TO DATALORE –EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THIS INCLUDES WARRANTIES THATDATALORE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, AS
WELL AS WARRANTIES THAT YOUR CONTENT WILL BE SECURE OR NOT OTHERWISE LOST ORDAMAGED.
WE ALSO DENY ('DISCLAIM') ALL WARRANTIES. THIS INCLUDES ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR
USAGE OF TRADE.
THIS DISCLAIMER DOES NOT APPLY TO REPRESENTATIONS AND WARRANTIES THAT CANNOT
BE EXCLUDED BY LAW.
(SECURITY) YOU UNDERSTAND AND AGREE THAT IT IS YOUR RESPONSIBILITY TO ASSESSWHETHER YOUR SYSTEM MEETS THE SYSTEM REQUIREMENTS FOR AND IS COMPATIBLE WITHDATALORE. YOU ALSO AGREE THAT IT IS YOUR RESPONSIBILITY TO CONFIGURE DATALORE IN
A SECURE MANNER, AND KEEP IT SO CONFIGURED, CONSISTENT WITH INDUSTRYSTANDARDS, ALL OUR RECOMMENDATIONS (IF ANY), AND THE DOCUMENTATION. WE ARENOT RESPONSIBLE FOR YOUR OR YOUR USERS' ACTIONS, OR FOR OMISSIONS RESULTINGFROM THE IMPROPER, INADEQUATE, OR DEFICIENT INITIALIZATION, CONFIGURATION, OR
USE OF DATALORE.
9. IMPORTANT – LIMITATION OF OUR LIABILITY(TYPES OF DAMAGES) WE WILL NOT BE LIABLE TO YOU OR ANY OF YOUR USERS FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THISINCLUDES DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(CIRCUMSTANCES OF LOSS) WE WILL NOT BE LIABLE FOR ANY COMPENSATION,REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH:a) YOUR, OR YOUR USERS', INABILITY TO USE DATALORE, INCLUDING AS A RESULT OF ASUSPENDED SUBSCRIPTION, OR THE CANCELLATION OF YOUR SUBSCRIPTION OR THISAGREEMENT;b) OUR DECISION TO NO LONGER PROVIDE DATALORE FOR BUSINESS, ECONOMIC, LEGAL,OR REGULATORY REASONS;c) YOUR HAVING MADE DATALORE AVAILABLE TO YOUR USERS;d) ANY FAILURE TO PROVIDE SUPPORT;e) YOUR USE OF DATALORE BEING CONTRARY TO OR INCONSISTENT WITH THE
DOCUMENTATION;
f) THE COST OF PROVIDING A SUBSTITUTE FOR DATALORE;g) ANY INVESTMENTS, EXPENSES, OR COMMITMENTS THAT YOU OR A USER TAKE ON
RELATING TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF DATALORE; ORh) ANY UNAUTHORIZED ACCESS TO, MODIFICATION OR DELETION OF, DESTRUCTION OF,DAMAGE TO, LOSS OF YOUR DATA.
(MAXIMUM LIABILITY) OUR MAXIMUM, OVERALL ('AGGREGATE') LIABILITY RELATING TO THISAGREEMENT IS LIMITED TO THE GREATER OF ONE HUNDRED (100) US DOLLARS OR THE
AMOUNT THAT YOU ACTUALLY PAID TO US FOR DATALORE IN THE SIX (6) MONTHS BEFOREYOU CLAIMED THAT WE WERE LIABLE. THE MAXIMUM LIABILITY APPLIES EVEN IF WE WEREADVISED THAT LIABILITY COULD EXCEED THE MAXIMUM LIABILITY AMOUNT OR EVEN IF THE
LEGAL BASIS (I.E. TORT, BREACH OF CONTRACT, EQUITY, OR A SIMILAR BASIS) FOR A REMEDYIS INVALID.
10. Temporary Suspension
We can immediately suspend Your Datalore Subscription if We have a good reason to('reasonably') believe that:a) Failure to pay – You have not complied with the payment obligations in this Agreement (seeSection 6); orb) Breach of Agreement – You have breached this Agreement or Your use of Datalore is in breachof applicable law.
11. Term and Terminationa) Term
This Agreement starts ('takes effect') when You click the "I Accept" button or provide similarconsent to ('be bound by') this Agreement. This Agreement continues until the end of Your
Subscription Period, unless it is ended ('terminated') earlier either by You or Us as described inthis Agreement.
b) Termination by You

You can terminate this Agreement if We breach it. This must be done by letting Us know ('give
notice') that We have breached this Agreement. If this breach is not resolved within thirty (30)days, this Agreement will end.
If You terminate this Agreement according to this Section, We will provide a refund to You of any
prepaid amount for the period that would have been Your Subscription Period after the date thisAgreement ended.
c) Termination by Us
We may terminate this Agreement and Your Subscription if:i) You materially breached this Agreement and failed to remedy the breach within thirty (30) daysof written notice;ii) You fail to make timely payment of Subscription fees in accordance with Section 6 of thisAgreement;iii) We are required to do so by law (for example, where the provision of Datalore to You is, or
becomes, unlawful); oriv) We elect to discontinue providing Datalore, in whole or in part.
We will make a reasonable effort to notify You via email (to the email address of the billing or
technical contact provided by You) thirty (30) days prior to termination of this Agreement in theevents specified in Sections 11(c)(iii) and 11(c)(iv) above, in which case You will be entitled to arefund of the unused portion of prepaid Subscription fees, if applicable.
In case of termination for cause specified in Section 11(c)(ii), We will make reasonable efforts to
notify You three (3) days prior to termination of this Agreement. When this Agreement isterminated as a consequence of Your breach of this Agreement, no refund is provided.
d) Effect of termination
Upon the expiration or termination of this Agreement, Your Subscription will be terminated and
You will have no further rights to use Datalore, but Sections 4(c), 4(d), 6, 8, 9, 12, 14 and 15 ofthis Agreement will remain in effect.
12. Marketing
If You are a legal entity, You give Us permission to publicly identify You as Our customer andrefer to You by name or trade name, display Your logo and trademarks, and describe Yourbusiness in marketing materials, on the JetBrains Website, and in other public documents. Yougive Us permission to do this, but only for marketing purposes. We can use Your name, tradename, and trademarks. We are not required to pay a fee for this permission (it is 'royalty-free'),and it applies worldwide.
13. Noticesa) Notices by You
If You are required under this Agreement to notify Us ('give notice') of anything, You may do so:i) by sending an email to legal@jetbrains.com. Any time period starts on the next business day
after You send the email;ii) by courier delivery of a letter marked for the attention of the 'Legal Department' at thephysical address published on the JetBrains Website. Any time period starts five (5) businessdays from when You send the letter; andiii) by registered post, marked for the attention of the Legal Department at the address displayedon the JetBrains Website. Any time period starts ten (10) business days from when You send theletter.
b) Notices by Us
If We are required under this Agreement to notify You ('give notice') of anything, We may do so:i) by posting the information on the JetBrains Website. Any time period starts on the day
specified on the JetBrains Website;ii) by sending an email to the email address that Your Confirmation was sent to. Any time period
starts on the next business day after We send the email.
It is Your responsibility to check the JetBrains Website for any changes and make sure that Youremail address is up to date in Our records.
14. Export Control Laws
You must comply with all applicable laws and regulations relating to export restrictive
measures, economic sanctions, export controls, import regulations, and trade embargoes,including those maintained by the European Union and the United States of America ("Export
Control Laws"). You confirm ('represent and warrant') that You are not an entity, nor are You
owned, controlled, or otherwise related to a person or entity, or acting on behalf of any personor entity, that is targeted by Export Control Laws.
This means that You will ensure that Datalore, related services, and/or technical data is not (i)accessed, downloaded, transferred, provided, exported, or re-exported directly or indirectly inviolation of Export Control Laws; or (ii) used for any purpose prohibited by Export Control Laws.
You are also expected to report any concerns of non-compliance with these requirements andaddress any questions to ethics@jetbrains.com, compliance@jetbrains.com, orlegal@jetbrains.com. In addition, You are required to cooperate with Us in Our efforts to verify
Our and Your compliance with Export Control Laws.
15. General Provisionsa) This Agreement and its Parties
This Agreement and the order accepted by Us form the entire agreement and replace any
previous agreement between You and Us in relation to its subject matter. Except as expressly
mentioned, this Agreement does not apply or give rights to anyone else ('no third-party
beneficiaries').
b) Personal Data
Any information directly or indirectly identifying an individual or other data protected under anapplicable law as personal data ("Personal Data"), that We will process on Your behalf inconnection with this Agreement, will be processed in accordance with the Data Processing
Addendum at https://www.jetbrains.com/legal/dpa/ which is a part of ('incorporated into') thisAgreement. We may also process some of Your Personal Data in connection with thisAgreement in our capacity as a data controller in accordance with our Privacy Notice at
https://www.jetbrains.com/legal/docs/privacy/privacy/.
c) Governing law and disputes
This Agreement is governed by the laws of the Czech Republic, without reference to conflict oflaws principles, and specifically excluding the United Nations Convention on Contracts for theInternational Sale of Goods. The parties to this Agreement undertake to use the bestcommercial efforts to amicably settle any disputes arising hereunder ("Dispute").
Should the Parties to this Agreement fail to settle a Dispute amicably, the Dispute will be
excluded from the jurisdiction of general courts and all such Disputes will be finally decided by
the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural
Chamber of the Czech Republic by three (3) arbitrators in accordance with the Rules of that
Arbitration Court, and the language of the proceedings will be English.
Notwithstanding this, You agree that We will still be allowed to apply (i) for payment orders (orotherwise enforce payment for Datalore provided under this Agreement) in the jurisdiction inwhich You have Your registered seat or principal place of business, and (ii) for injunctive
remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
d) Force Majeure
We will not be responsible ('liable') for any delay or failure to perform any obligation under thisAgreement where the delay or failure results from any cause beyond Our reasonable control.
This includes any 'acts of God', labor disputes or other industrial disturbances, systemic
electrical, telecommunications, or other utility failures, public health emergencies,
earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders ofgovernment, acts of terrorism, or war.
e) Severability
If a court finds that any part of, or word in, this Agreement is not enforceable, that part or word
will not affect the enforceability of the rest of this Agreement.
f) Interpretation
Any heading, title, or paragraph summary is only for convenience and does not affect theinterpretation of this Agreement. Any instance of an inclusive word, such as 'including', is notcomprehensive and refers to other items in that category. References to time or periods of time
are determined in reference to Central European Time.
g) WaiverAny waiver of Our rights under this Agreement must be in writing and signed by Us.
h) Changes to the Agreement and policies
This Agreement can be updated from time to time, to reflect changes in Datalore and how it isoffered to You. If this happens, We will update this Agreement on the JetBrains Website and let
You know either by:(i) Displaying it toYou in Datalore;

(ii) Displaying it in Your JetBrains Account; or(iii) Sending the updated version to the email address used in Your JetBrains Account.
Any updated Agreement will start ('come into effect') on the date specified in the updated
Agreement. By continuing to use Datalore after thirty (30) days from the effective date, Youagree to be bound by the modified Agreement.
We respect that You may not agree to the updated Agreement. If that is the case, You canterminate Your Subscription at any time up to thirty (30) days after the effective date of the
updated Agreement. Termination according to this Section entitles You to a pro-rata refund of
the pre-paid unused Subscription fees.
i) RelationshipYour relationship with JetBrains is that of independent parties. This Agreement does not create apartnership, franchise, joint venture, agency, fiduciary, employment, or any other type of
relationship.
j) Contract review
By agreeing to this Agreement, You are confirming to Us that:i) You have had sufficient opportunity to read, review, and consider this Agreement;ii) You understand the content of each paragraph of this Agreement; andiii) You have had sufficient opportunity to seek independent professional legal advice.
This means that, to the extent permitted by applicable law, any statutory provisions relating toso-called 'form' or 'adhesion' contracts do not apply to this Agreement.
k) Reservation of rights
We reserve the right to alter Datalore prices, features, specifications, capabilities, functions,terms of use, release dates, general availability, and other characteristics. We can also alter,
limit, or cease to provide Datalore support at any time.
k) Children and minors
If You are younger than 13 years old, You cannot agree to this Agreement or use Datalore. By
agreeing to this Agreement, You are confirming that:i) either You have legal capacity to enter into this Agreement, or, if You are between the age of 13
and 18, You have valid consent from a parent or legal guardian to do so; andii) You understand the JetBrains Privacy Notice, available athttps://www.jetbrains.com/legal/docs/privacy/privacy.html.
IF YOU DO NOT UNDERSTAND THIS SECTION, DO NOT UNDERSTAND THE JETBRAINS Privacy
Notice, OR DO NOT KNOW WHETHER YOU HAVE THE LEGAL CAPACITY TO ACCEPT THISAGREEMENT, PLEASE ASK YOUR PARENT OR LEGAL GUARDIAN FOR HELP.
If you have any questions about this Agreement, please contact us at legal@jetbrains.com.