RADON IDE
FREE TRIAL LICENSE
Version 1.0, effective as of December 1, 2024
IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY CLICKING ON THE “I AGREE” (OR SIMILAR) BUTTON THAT IS PRESENTED TO YOU AT THE TIME OF PURCHASE, OR BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR DEVICE, OR OTHERWISE USING SOFTWARE MANSION SOFTWARE, SUPPORT, OR PRODUCTS, YOU BECOME A PARTY TO THIS AGREEMENT, YOU DECLARE YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT, AND YOU CONSENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH BELOW. Software Mansion and Customer may each also be referred to individually as a “Party” or jointly as the “Parties”.
1. PARTIES
1.1. “Customer” or “you” means the individual who downloads and uses the Product under the terms specified herein. For the avoidance of doubt, Customer is a natural person and not a corporation, company, partnership, association, or other entity or organization.
1.2. “Software Mansion” or “we” means: Software Mansion S.A., a joint stock company with its principal place of business at ul. Zabłocie 43b, 30-701 Kraków, Poland, entered in the register of businesses conducted by the District Court in Kraków for Kraków-Śródmieście, XI Commercial Division of the National Court Register with KRS number 0000961952, NIP 6793131302, REGON 364909814.
2. DEFINITIONS
2.1. “Affiliate” means, with respect to any Party, any entity that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of such Party; “control” for such purposes means the possession, direct or indirect, of the power to direct or affect the direction of the management and policies of a person or entity, whether through the ownership of voting securities, by contract, or otherwise.
2.2. “Agreement” means this Radon IDE Free Trial License.
2.2. “Machine” means a computing device used by Customer for running the Product.
2.3. “Product” means Radon IDE created by Software Mansion, intended for mass distribution.
2.4. “Product Version” means a release, update, or upgrade of a particular Product that is not identified by Software Mansion as being made for the purpose of fixing software bugs.
2.5. “Free Trial” specifies the Free Trial terms and Products provided to Customer.
3. GRANT OF RIGHTS
3.1 The Product is provided to Customer on a ‘per seat’ basis, where Customer may deploy the Product on a single Machine in accordance with the Product documentation, provided that Customer remains the sole user of the Product.
3.2. Unless the Free Trial has expired or this Agreement is terminated in accordance with Section 9, and subject to the terms and conditions specified in this Agreement, Software Mansion grants you the non-exclusive and non-transferable right to use each Product covered by this Free Trial License as stipulated below:
(A) You may:
(i) install and use any version of the Product covered by the Free Trial on a single Machine and on any operating system supported by the Product; and
(ii) make one copy of the Product solely for archival, security, and/or backup purposes.
(B) You may not:
(i) allow the same Free Trial to be used concurrently by another user apart from yourself;
(ii) rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product;
(iii) provide a third party with access to the Product, or the right to use the Product;
(iv) reverse engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source code of, the Product; or
(v) remove or obscure any proprietary or other notices contained in the Product.
3.3. This Free Trial is only for natural persons.
3.4. You acknowledge that no ownership rights are conveyed to you, irrespective of the use of terms such as ‘purchase’ or ‘sale’. Software Mansion has and retains all rights, title, and interest, including all intellectual property rights, in and to the Products, any and all related or underlying technology, and any modifications or derivative works of the Products, including without limitation as they may incorporate Feedback (as defined below).
4. ACCESS TO PRODUCTS
4.1. All deliveries under this Agreement will be electronic. You must have an Internet connection in order to access the Product and receive any deliveries. You are responsible for downloading and installing the Products.
4.2 You may activate and access Products by downloading the Product via the Visual Studio Marketplace.
5. FEEDBACK
You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise.
6. THIRD-PARTY SOFTWARE
The Products include code and libraries licensed to us by third parties, including open source software (“Third-Party Software”). A list of Third-Party Software included in each Product is available in the respective Product documentation. All Third-Party Software is provided to You under the respective terms stipulated in the Product documentation.
7. WARRANTY LIMITATIONS
7.1. ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK.
7.2. SOFTWARE MANSION MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE MANSION (AND ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (INCLUDING THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “SOFTWARE MANSION PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER 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 PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
7.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE MANSION DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE, OR CORRECT; (B) WILL MEET ANY CUSTOMER REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7.4. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY AND/OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
7.5. CUSTOMER MAY HAVE OTHER RIGHTS WHICH MAY NOT BE LIMITED OR EXCLUDED AND WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO NEGATIVELY AFFECT SUCH RIGHTS.
8. LIMITATION OF LIABILITY
THE USE OF THE PRODUCT DURING THE FREE TRIAL SHALL BE ENTIRELY AT THE CUSTOMER’S OWN RISK AND SOFTWARE MANSION SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER.
9. TERM AND TERMINATION
9.1. The term of this Agreement will commence upon the first download of the Product of this Agreement by Customer.
9.2 The Customer is entitled to thirty uses of the Product in a rolling twelve-month period. Launching the Product during any given day constitutes one use as defined above. Therefore, the Product can be used over 30 days in total.
9.3. The term may be extended upon request and at Software Mansion’s sole option.
9.3. Software Mansion may terminate this Agreement a if:
(A) Customer has materially breached this Agreement and fails to remedy the breach within seven (7) days of notice;
(B) Software Mansion is required to do so by law (for example, where the provision of the Product to Customer is, or becomes, unlawful); or
(C) Software Mansion elects to discontinue providing the Product, in whole or in part.
9.4. Upon termination of this Agreement, Customer shall cease all use of the Product.
9.5. Survival. Upon the expiration or termination of this Agreement, Sections 3, 5, 7, 8, 11 and 12 of this Agreement survive.
10. TEMPORARY SUSPENSION
10.1. Software Mansion reserves the right to suspend Customer’s access to Software Mansion Products if Customer’s use of Product is in violation of this Agreement or disrupts or imminently threatens the security, integrity, or availability of a Product.
11. EXPORT REGULATIONS
11.1. Customer must comply with all applicable laws and regulations with regard to economic sanctions, export controls, import regulations, restrictive measures, and trade embargoes (all herein referred to as “Sanctions”), including those of the European Union and United States. Customer declares and warrants that it is not a person targeted by Sanctions nor is it otherwise acting on behalf of any entity or person targeted by Sanctions. Customer agrees that it will not download or otherwise export or re-export the Product or any related technical data directly or indirectly to any person targeted by Sanctions or download or otherwise use the Product for any end-use prohibited or restricted by Sanctions.
12. GENERAL
12.1. Entire Agreement. The following documents are part of (‘incorporated into’) this Agreement: the Software Mansion IDE Privacy Policy, available at https://ide.swmansion.com/privacy-policy. Together, these documents 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’). No purchase order, Customer terms, or other document that purports to modify or supplement this Agreement will vary the terms of this Agreement unless signed by Customer and Software Mansion.
12.2. Reservation of Rights. Software Mansion reserves the right at any time to cease its support of the Product and to alter prices, features, specifications, capabilities, functions, terms of use, release dates, general availability, and other characteristics of the Product. Nothing in this Agreement limits any rights a consumer may have under applicable consumer protection laws.
12.3. Changes to this Agreement. The Agreement can be updated from time to time, to reflect changes in the Product and the Free Trial.
(A) If this happens, we will update the terms on the Software Mansion website and let you know either:
(i) by displaying them to you in the Product; or
(ii) by sending the updated version to the email address used.
(B) Any updated Agreement will start (‘be effective’) on the date specified in the updated Agreement. By continuing to use the Product after the effective date you agree to be bound by the modified Agreement.
12.4. Opportunity to Review. You declare that you have had sufficient opportunity to review this Agreement, understand the content of all of its sections, negotiate its terms, and seek independent professional legal advice before entering into it. Consequently, any statutory “form contract” (“adhesion contract”) regulations shall not be applicable to this Agreement.
12.5. Severability. If a particular term of this Agreement is not enforceable, the unenforceability of that term will not affect any other terms of this Agreement.
12.6. Interpretation. Headings and titles are for convenience only and do not affect the interpretation of this Agreement. Terms such as “including” are not exhaustive.
12.7. No Waiver. Our failure to enforce or exercise any part of this Agreement is not a waiver of that section.
12.8. Notice. Software Mansion may deliver any notice to Customer via electronic mail to an email address provided by Customer, registered mail, personal delivery, or reputable express courier (such as DHL, FedEx, or UPS). Any such notice will be deemed to be effective (i) on the day the notice is sent to Customer via email, (ii) upon personal delivery, (iii) one (1) day after deposit with an express courier, or (iv) five (5) days after deposit in the mail, whichever occurs first.
12.9. Governing Law. This Agreement is governed by the laws of Poland, without reference to conflict of laws principles and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods. The Parties to the agreement constituted by this Agreement undertake to use best commercial efforts to amicably settle any disputes arising hereunder (“Dispute”).
12.10. Dispute Resolution. Should the Parties to this Agreement fail to settle a Dispute amicably, the Dispute will be decided by the courts having general jurisdiction over Software Mansion; if you are a consumer, we both agree that any Dispute-related litigation may only be brought in, and shall be subject to the jurisdiction of, any competent court of Poland, unless provided otherwise by applicable consumer law. Consumer Disputes can also be settled out of court through the European Commission’s online platform for dispute resolution (ec.europa.eu/consumers/odr).
12.11. Data Privacy. By accepting this Agreement, Customer acknowledges that Software Mansion will process personal data in accordance with Software Mansion IDE Privacy Policy (available at https://ide.swmansion.com/privacy-policy).
12.12. Force Majeure. Neither Party shall be in breach of this Agreement, or otherwise liable to the other, by reason of any delay in performance, or non-performance, of any of its obligations under this Agreement (except payment obligations), arising directly from an act of God, fire, flood, natural disaster, act of terrorism, strike, lock-out, labor dispute, public health emergency, civil commotion, riot, or act of war.
12.13. Children and minors. If You are under 18 years old, then by entering into this Agreement you explicitly stipulate that (i) you have legal capacity to conclude this Agreement or that you have valid consent from a parent or legal guardian to do so and (ii) you understand the Software Mansion IDE Privacy Policy (available at https://ide.swmansion.com/privacy-policy). You may not enter into this Agreement if you are under 13 years old. IF YOU DO NOT UNDERSTAND THIS SECTION, DO NOT UNDERSTAND THE SOFTWARE MANSION PRIVACY POLICY, OR DO NOT KNOW WHETHER YOU HAVE THE LEGAL CAPACITY TO ACCEPT THESE TERMS, PLEASE ASK YOUR PARENT OR LEGAL GUARDIAN FOR HELP. The previous version of this agreement is available here.
For further information, please contact us at legal@swmansion.com.