Cline for JetBrains – Evaluation License Agreement

Licensor: Cline Bot Inc., 1007 N Orange St, 4th Floor Ste #3771, Wilmington, DE 19801, United States

Product: Cline for JetBrains (the "Software")

Effective Date: Date of download or activation

Term: Thirty (30) days

1. License Grant

During the 30-day evaluation period, Licensor grants you a non-exclusive, non-transferable, revocable license to install and use the Software solely for internal, non-commercial evaluation within JetBrains IDEs. Production use is prohibited.

2. Restrictions

You may not (and may not permit others to):

3. Distribution & Updates

The Software is distributed exclusively through the JetBrains Marketplace and may automatically update during the evaluation period.

4. Telemetry

The Software may automatically collect usage and crash data during the evaluation period, but does not collect or transmit your prompts, model inputs, or model outputs.

5. Third-Party Services

The Software may connect to third-party large language model (LLM) APIs using your account credentials. You are responsible for compliance with any applicable terms and charges for such services.

6. Proprietary Rights

Except for any open-source components noted in the Software, the Software is proprietary to Cline Bot Inc. and protected by copyright and other intellectual property laws. All rights not expressly granted are reserved.

7. Terms of Service

By using the Software, you also agree to Cline Bot's Terms of Service available at https://cline.bot/terms, which are incorporated by reference.

8. Termination

This license will automatically terminate at the end of the 30-day evaluation period unless you enter into a commercial license with Cline Bot Inc. Upon termination, you must immediately uninstall and delete all copies of the Software.

9. Disclaimer & Limitation of Liability

9.1 Warranty Disclaimer

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE; (C) WARRANTIES THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; AND (D) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR DATA.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) LICENSOR'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED US DOLLARS (US$100); (B) LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UPON WHICH ANY CLAIM IS BASED (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).

9.3 Force Majeure

Licensor shall not be liable for any delay or failure in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, government actions, internet service provider failures, or denial of service attacks.

9.4 Time Limitation

Any claim arising out of or related to this Agreement must be brought within one (1) year after the cause of action arose, or such claim will be permanently barred.

9.5 Essential Purpose

You acknowledge that the limitations in this Section 9 are reasonable and reflect the allocation of risk between the parties. These limitations will survive termination of this Agreement and apply even if any limited remedy fails of its essential purpose.

10. Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict-of-law rules.