SOFTWARE MANSION RADON IDE EARLY ACCESS EDITION TERMS

Version 2.0, effective as of September 24, 2024​

IMPORTANT! READ CAREFULLY: THESE TERMS APPLY TO THE SOFTWARE MANSION INTEGRATED DEVELOPMENT ENVIRONMENT TOOLS CALLED "SOFTWARE MANSION RADON IDE" (SUCH TOOLS, "EARLY ACCESS" PRODUCTS) WHICH CONSIST OF OPEN SOURCE SOFTWARE SUBJECT TO THE LICENSE AVAILABLE HERE: https://github.com/software-mansion/radon-ide/blob/main/LICENSE.txt.

“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.

“You” means any Organization or natural person using Early Access product in accordance with these terms, where “Organization” includes any corporation, company, partnership, association, or other entity that controls, is controlled by, or is under common control with you. For the purposes of this definition, “control” means (i) the power, directly or indirectly, to direct or manage such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

Personal Data — In connection with your use of Early Access products, we and our associated companies will process your personal data, including but not limited to your contact and identification details, and data about your usage of our software and services, in order to (i) provide you with software, services, or information; (ii) protect us from piracy and unlawful use of our software or services; (iii) improve our offerings based on usage; (iv) create and maintain our internal records and to protect our rights and interests and those of other users; (v) promote and market our software and services; and vi) to fulfill legal duties stipulated by accounting, taxation, and other laws. You may object to the processing of your personal data for the purposes of (i) through (v) at any time. More detailed information can be found in our Privacy Policy, available here: ide.swmansion.com/privacy-policy.

Personal Data Collected — For the above purposes, we may collect, among other things, your IP address, first name, last name, data regarding your employer and email address.

Anonymous Data — On installation and execution, the Early Access product may send us certain information, which will not contain any personal data, including product version, product edition, and information about the operating system where the Early Access product is installed. A unique ID, which does not contain any personal data, is also used to distinguish instances. The Early Access product can check for available updates, as well as available updates for plugins or components. In addition, you can opt in to further anonymous data processing. If you do so, the Early Access product may electronically send anonymous information to us related to your usage of the product features. This further information may include, but is not limited to, frameworks, file templates being used in the IDEs, actions invoked, and other interactions with product features. This information will not contain your source code, your personal data, information about your Software Mansion Account, or subscription information.

Accidentally Sent Information — We are not responsible for any processing of personal data you accidentally send to us.

Feedback — You have no obligation to provide us with ideas, guidance, suggestions, proposals, or bug reports (“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.

Third Party Software — Early Access includes 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 Early Access product is available in the product documentation. All Third-Party Software is provided to you under the respective terms stipulated in the Early Access product documentation.

DISCLAIMER OF DAMAGES AND EXCLUSION OF LIABILITY — ALL EARLY ACCESS PRODUCTS (INCLUDING THIRD-PARTY SOFTWARE) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE EARLY ACCESS PRODUCTS IS AT YOUR OWN RISK AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED (TO THE MAXIMUM EXTENT PERMITTED BY LAW). FURTHER DETAILS MAY BE FOUND IN THE APPLICABLE EARLY ACCESS TERMS OR THIRD-PARTY SOFTWARE TERMS. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE, OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES WHATSOEVER INCURRED IN CONNECTION WITH YOUR USAGE OF ANY EARLY ACCESS PRODUCT. THIS LIMITATION WILL APPLY EVEN IF THE Software Mansion PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF LIABILITY .

Export Compliance — You must comply with all applicable laws and regulations with regard to economic sanctions, export controls, import regulations, restrictive measures, and trade embargoes, including those of the European Union and the United States of America.

Reservation of Rights — We reserve the right at any time to cease provision of or alter features, specifications, capabilities, functions, terms of use (including this document), release dates, general availability, or other characteristics of Early Access products.

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 this Agreement undertake to use best commercial 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 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).

Opportunity to review — You declare that you have had sufficient opportunity to review these terms, understand the content of all of its clauses, negotiate its terms, and seek independent professional legal advice in that respect before entering into it. Consequently, any statutory “form contract” (“adhesion contract”) regulations shall not be applicable to these terms.