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PanDev Extensions for Code Editors and IDEs - Software License Agreement

Version: 1.0
Effective date: 01/01/2025
Licensor: PanDev LLP

This agreement (the "Agreement") is a legally binding contract between you (an individual or an entity, the "Customer") and PanDev governing the installation and use of PanDev software extensions for compatible code editors and integrated development environments (IDEs) (each an "Extension" and collectively the "Extensions", and the relevant application the "Editor"). By installing, copying, or using an Extension you accept the terms of this Agreement. The person performing the installation represents and warrants that they act on behalf of and in the interests of the Customer and are authorized to accept the Agreement binding the Customer. Installation and use of the Extension are prohibited if the person is not authorized. This Agreement is intended solely for business-to-business use and does not apply to consumer use.

Definitions​

"Extension" / "Extensions" - PanDev software modules installed in compatible code editors and/or IDEs to collect and transmit activity data to the Server.

"Editor" - a compatible code editor and/or integrated development environment (IDE) where the Extension is installed.

"Server" - a remote PanDev endpoint (PanDev cloud SaaS or a PanDev instance deployed in the Customer's infrastructure, on-prem) that receives data from the Extension.

"Services" - PanDev cloud and other services that the Extension can connect to in order to transmit data and obtain functionality; the relevant terms are defined in the ToS and/or the DPA.

"Customer" - a legal entity or a sole proprietor/individual acting exclusively for business (non-consumer) purposes on whose behalf the Extension is installed and used.

"User" - an individual (an employee or contractor of the Customer) who uses the Extension in the Editor.

"Activity Data" - metadata about events in the Editor (for example timestamps, action types, project/file identifiers without content, software versions, and technical identifiers) as described in Appendix A.

"Diagnostic Telemetry" - anonymized technical information about the Extension itself (state, versions, crashes, performance) that is different from Activity Data.

"Cache" (local cache) - a temporary local storage area of the Extension used to accumulate Activity Data when the Server is unavailable and to deliver it after connectivity is restored.

1. Subject and Scope​

  1. The Extension is licensed, not sold. All rights in the Extension belong to the Licensor and/or its licensors.
  2. The Extension is designed to operate only when connected to a remote PanDev server (cloud SaaS or a Customer-hosted instance, the "Server"). Without a connection to the Server the Extension functionality may be fully or partially unavailable.
  3. The provision of PanDev Services (including SaaS) is governed by separate Terms of Service (ToS) and/or a Data Processing Agreement (DPA). This Agreement does not set the terms for the Services.
  4. The "Editor" is a compatible code editor and/or IDE for which PanDev provides the corresponding Extension.

2. License and Restrictions​

  1. The Licensor grants the Customer a non-exclusive, paid or unpaid (depending on the purchased license/subscription), non-transferable, non-sublicensable license worldwide for the term of this Agreement to install and use the Extension only together with the Editor and in connection with the Server.
  2. The Customer must not: (i) bypass technical limitations; (ii) reverse engineer, decompile, or disassemble the Extension except to the extent permitted by applicable law; (iii) provide the Extension to third parties as a service bureau, rent, lease, loan, or redistribute it; (iv) use the Extension or data obtained through it to build, train, test, benchmark, or otherwise develop competing software products or services without prior written consent from PanDev; (v) use the Extension in violation of applicable law, including export control and sanctions requirements; or (vi) circumvent authentication, licensing, bandwidth controls, or interfere with the Server.
  3. If the Extension includes paid features or subscriptions, additional licensing terms (named/seat, license keys, trial limits) apply and are communicated to the Customer during purchase or activation.
  4. The Extension may be used only in accordance with the current PanDev Service terms (ToS) and any agreements between the parties; in case of conflict the applicable agreement or ToS prevails.
  5. The Customer is responsible for the acts and omissions of its Users and any third parties that gain access to the Extension and/or the Services through the Customer.

3. SaaS and On-Prem Modes, Party Roles​

  1. When connected to SaaS, the Customer acts as the controller of personal data and PanDev acts as the processor in accordance with applicable data protection law. The relationship is governed by the DPA, which forms an integral part of the Services and applies only to the extent needed to provide SaaS.
  2. When connected to on-prem, all Activity Data is processed and controlled by the Customer within its own infrastructure. The Customer acts as the controller and operator/processor, and PanDev does not act as a processor and does not access the data unless otherwise expressly agreed by the parties in a separate document.
  3. Remote support and access to data (if agreed). If, at the Customer's request, PanDev obtains limited remote access to the on-prem environment or exported materials (for example logs or crash dumps) for support purposes, such access is limited to the minimum necessary scope and is governed by a separate DPA or Data Access Addendum defining the purpose, data categories, duration, and security measures.

4. Data Collected and Minimization​

  1. The Extension collects and sends IDE activity metadata to the Server: timestamps, action types, project/file identifiers (paths or patterns without content), IDE/OS versions, and technical identifiers (see Appendix A).
  2. Source code, secrets, and binary artifacts are not transmitted or stored in the cache.
  3. The Customer must ensure that processing is lawful under labor, privacy, and other applicable laws (for example employee notices, consent where required, local restrictions). PanDev is not responsible for the Customer's compliance with employee monitoring requirements.

5. Offline Cache and Deferred Delivery​

  1. If the Server is temporarily unavailable, the Extension stores events in a temporary local cache and automatically delivers them once connectivity is restored.
  2. By default the local cache is not limited by volume or retention period and cannot be configured within the Extension.
  3. The cache may be cleared automatically when signing out or switching users. Clearing the cache may cause unrecoverable loss of undelivered events.
  4. The Customer accepts the risk of losing some events due to prolonged Server downtime, environment errors, user-driven data deletion, or device security policies.

6. Transmission and Storage Security​

  1. Data is transmitted via TLS 1.2 or higher with host verification.
  2. The local cache is encrypted using OS capabilities and/or built-in mechanisms of the Extension. Access tokens or keys are stored in the OS-provided secure storage where available.
  3. PanDev signs Extension distributions and/or publishes checksums.
  4. PanDev is not responsible for data compromise caused by user tampering with system settings, registries, storage, or by disabling OS protection.

7. Diagnostic Telemetry of the Extension​

  1. In addition to user activity events, the Extension may collect anonymized diagnostic telemetry (state, crashes, versions, performance) to improve quality.
  2. In on-prem mode diagnostic telemetry is not used. In SaaS mode anonymized diagnostic telemetry may be transmitted.

8. Third-Party Components and Open Licenses​

  1. The Extension may include third-party components distributed under their respective licenses. The list and terms are available in the NOTICE file or the "Licenses" section of the Extension.
  2. The terms of such components govern to the extent of any conflict, and take priority over this Agreement where required.

9. Intellectual Property and Trademarks​

  1. The Extension is licensed, not sold. All rights, title, and interest in the Extension, including source code, design, databases, documentation, trade names, marks, and logos of PanDev, belong to the Licensor and/or its licensors. No rights are granted by implication beyond those expressly stated in Section 2.
  2. Use of trademarks is permitted only for fair identification of the Extension and does not grant ownership, registration, licensing, or disposition rights to those marks.
  3. White-label/Co-branding. The Licensor may, under a separate agreement and subject to PanDev brand guidelines, grant the Customer a limited, non-exclusive, non-transferable, and revocable license to use certain PanDev designations, names, and visual elements solely for co-branding the Extensions or their user interface. This license does not transfer any brand rights and terminates upon breach or revocation by the Licensor.
  4. The Customer must not remove, modify, or obscure copyright notices, trademark notices, or other intellectual property notices in the Extension. Any user interface customization performed by the Customer must not mislead users about the origin of the Extension.

10. Feedback​

  1. The Customer and/or Users may provide the Licensor with ideas, comments, and other materials about improvements to the Extension or the Services (the "Feedback").
  2. By providing Feedback, the Customer grants the Licensor a free, non-exclusive, perpetual, irrevocable, worldwide license to use, reproduce, modify, publish, distribute, and incorporate the Feedback into the Licensor's products and services without any obligation to attribute or compensate. The Licensor is not obliged to review, implement, or respond to Feedback.

11. Updates, Compatibility, and Version Pinning​

  1. PanDev may release updates, including those that change cache or delivery behavior.
  2. The Customer may disable automatic updates and pin a specific version of the Extension, accepting the associated security and compatibility risks.
  3. Critical security patches may be marked as mandatory to install.

12. Warranties and Liability​

  1. The Extension is provided "AS IS" without any express or implied warranties, including merchantability, fitness for a particular purpose, or non-infringement. PanDev is not liable for losses resulting from the use of unofficial Extension builds or modifications, or from the use of third-party software or non-standard versions that may affect Extension performance.
  2. To the maximum extent permitted by law, PanDev is not liable for any indirect, special, punitive, incidental damages, lost profits, data loss, or claims by the Customer's employees arising from monitoring their activity.
  3. PanDev's aggregate liability under this Agreement is limited to ten (10) US dollars or the amount paid by the Customer for Extension licenses during the last three (3) months (if any fees apply), whichever is greater. Liability for the Services is governed by the applicable ToS and/or DPA.

13. Term and Termination​

  1. This Agreement becomes effective when the Extension is installed and remains in force until the Customer removes the Extension or the Licensor terminates it under the terms of this Agreement.
  2. The Licensor may terminate the license unilaterally if the Customer materially breaches the Agreement. The Customer must immediately stop using and delete all copies of the Extension upon termination.
  3. Termination does not affect the provisions on intellectual property, disclaimers, liability limitations, governing law, or jurisdiction, all of which survive termination.

14. Export Control and Sanctions​

  1. The parties will comply with applicable export control regimes and economic sanctions. The Customer confirms that it is not subject to sanctions and will not use the Extension in sanctioned jurisdictions in violation of law.

15. Governing Law, Jurisdiction, and Language​

  1. This Agreement is governed by the laws of Kazakhstan, and disputes are subject to the competent courts of that jurisdiction.
  2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
  3. In case of interpretation issues, the Russian version prevails.
  4. PanDev may update this Agreement. Continued use of the Extension after notice constitutes acceptance of the updated version. If you do not agree, remove the Extension.

16. Miscellaneous​

  1. This Agreement is intended solely for B2B use. The parties confirm that they act in the course of business and are not consumers. To the fullest extent permitted by law, consumer protection statutes do not apply.
  2. If any mandatory consumer law provision applies contrary to the parties' intent, it applies only to the minimum extent required and does not affect the validity of the remaining terms.
  3. Invalidity of a particular provision does not render the Agreement invalid as a whole.
  4. Failure to enforce any right does not constitute a waiver.
  5. The parties recognize the legal force of the Agreement and acceptance in electronic form.

Appendix A. Data Categories and Default Exclusions​

Categories: event timestamps; IDE action types (navigation, editing, build, run, window/focus switches); project/repository identifiers; relative or normalized file paths/patterns; IDE/extension/plugin versions; OS version; technical device/session identifiers.

Exclusions (default patterns): **/secrets/**, **/*.key, **/.env*, **/node_modules/**, directories containing confidential materials.

File contents/secrets: are not collected or transmitted.

Contacts​

Licensor: PanDev LLP
Office: 050057, Republic of Kazakhstan, Almaty, 124 Gagarin Ave.
Support: support@pandev.io