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License for the Codecov IntelliJ Plugin

Terms of Service of Codecov IntelliJ Plugin

Last Updated: December 23, 2023

Welcome and thank you for using Codecov Jetbrains plugin (“we”)! Codecov Jetbrains plugin enables users to be more efficient and productive. These Terms of Service (“Terms”), along with our DMCA Policy, Privacy Policy, and Acceptable Use Policy (collectively with Terms, the “Agreement”), cover your use of and access to our services, software, technology, and support websites (“Services”). By using our Services, you’re agreeing to be bound by the terms of this Agreement.

Unless required by applicable law or agreed to in writing, Codecov Jetbrains plugin is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT INCLUDES TERMS REGARDING PRIVACY, FUTURE CHANGES TO THE AGREEMENT, FEES, LIMITATIONS OF LIABILITY, INDEMNITY, RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT, AND WAIVER OF CLASS ACTIONS.

Copyright

The Services are protected by copyright, trademark, and other Israelis and foreign laws. This Agreement does not grant you any right, title, or interest in the Services, any related technology including related data object structures, architectures, and models, others’ content in the Services, logos, and other brand features. We welcome feedback, comments, ideas, and suggestions, but please note that these may be used without any obligation to you, and all feedback, comments, ideas, and suggestions related to the Services, or any of Codecov Jetbrains plugin's other products or services, shall be owned by Codecov Jetbrains plugin.

Beta Services

We may release products and features that we’re still testing and evaluating (“Beta Services”). Beta Services are labeled "eap", “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings). Beta Services may not be as reliable as Codecov Jetbrains plugin stable version and may be changed at any time without notice. By using our Beta Services, you agree that we may contact you to collect your feedback.

Beta Services are used at your own risk. If you do not agree to the Terms in this section, please do not use our Beta Services.

We require that you respect the intellectual property rights. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our DMCA Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts of repeat infringes. Our designated agent for notice of alleged copyright infringement for the Services is:

Copyright Agent

[email protected]

Tel-Aviv, Israel

Termination

You’re free to stop using our Services at any time. We have the right to suspend or terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. Codecov Jetbrains plugin reserves the right to refuse service to anyone for any reason at any time.

In the event that your account is terminated by us or you, we will not delete your plugin, but it will be disabled, including any content or data you have provided via the Services. Note that so far Codecov Jetbrains plugin is always in offline mode. Codecov Jetbrains plugin is not responsible for any loss of Your Content or any other content or data you provide via the Services.

Disclaimer of Warranties

Codecov Jetbrains plugin does not make any promises or guarantees about our Services. TO THE FULLEST EXTENT PERMITTED BY LAW, Codecov Jetbrains plugin AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, AND DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICES ARE PROVIDED "AS IS." Codecov Jetbrains plugin DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Controlling Law

Except to the extent applicable law provides otherwise, these Terms will be governed by Israeli law without regard to conflict of law provisions.

Survival

All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnification, dispute resolution, controlling law, and limitations of liability.

Entire Agreement

This Agreement constitutes the entire agreement between you and Codecov Jetbrains plugin with respect to the subject matter, and supersedes and replaces any other prior or contemporaneous agreements, oral or written, or terms and conditions applicable to the subject matter of this Agreement. This Agreement may only be modified by a written amendment signed by an authorized representative of Codecov Jetbrains plugin, or by the posting by Codecov Jetbrains plugin of a revised version. This Agreement creates no third-party beneficiary rights.

Modifications

Codecov Jetbrains plugin reserves the right, at our sole discretion, to amend these Terms at any time, and we will update these Terms in the event of any such amendments. We will notify you of material changes to this Agreement via a notification in the Services or by sending email to the primary email address specified in your Codecov Jetbrains plugin account. These updated terms will be effective no less than 30 days from when we notify you. If you do not agree to the updates, please cancel your Codecov Jetbrains plugin account and stop using the Services before the updates become effective. Your continued use of the Services after those 30 days constitutes your agreement to those revisions of this Agreement. For any other modifications, your continued use of the Services constitutes agreement to our revisions of these Terms.

DMCA Policy

Thank you for your attention to Codecov Jetbrains plugin’s DMCA Policy. Capitalized terms used but not defined in this DMCA Policy have the meanings assigned to them in our Terms of Service. Codecov Jetbrains plugin does not permit copyright infringing activities and infringement of intellectual property rights on its Services. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), found at http://www.copyright.gov/legislation/dmca.pdf, Codecov Jetbrains plugin will respond expeditiously to claims of copyright infringement involving the Codecov Jetbrains plugin Services if such claims are reported to Codecov Jetbrains plugin’s Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to Codecov Jetbrains plugin’s Designated Copyright Agent. Upon receipt of Notice (as described below), Codecov Jetbrains plugin will take whatever action, in its sole discretion, it deems appropriate, including removal of the allegedly infringing content from the Services.

DMCA Notice of Alleged Infringement (“Notice”)

Identify the copyrighted work that you claim has been infringed. If multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed. Codecov Jetbrains plugin can only accept DMCA takedown notices for works that are protected by copyright, and that identify a specific copyrightable work.

Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.

Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Codecov Jetbrains plugin’s Designated Copyright Agent:

Copyright Agent

[email protected]

Acceptable Use Policy

Thank you for your attention to Codecov Jetbrains plugin’s Acceptable Use Policy. Capitalized terms used but not defined in this Acceptable Use Policy have the meanings assigned to them in our Terms of Service.

You agree not to misuse the Codecov Jetbrains plugin Services or assist anyone else in doing so. Under no circumstances will you do or attempt to do any of the following in connection with the Services:

  • probe, scan, or test the vulnerability of any system or network;
  • breach or otherwise circumvent any security or authentication measures;
  • access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to access or use;
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
  • access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
  • send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
  • share materials that are unlawfully pornographic, or that contain extreme acts of violence or terrorist activity, including terror propaganda;
  • share materials that are libelous, defamatory, or fraudulent;
  • harass or abuse Codecov Jetbrains plugin employees or representatives or agents performing services on behalf of Codecov Jetbrains plugin;
  • impersonate any person or entity, including any of our employees or representatives, including through false association with Codecov Jetbrains plugin, or by fraudulently misrepresenting your identity or site's purpose;
  • infringe any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other right; or
  • violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading.
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