commit: 4c44daad649b0abae002713ef27b408fbcbf1c2e Author: David Seifert <soap <AT> gentoo <DOT> org> AuthorDate: Mon Jan 12 14:17:22 2026 +0000 Commit: David Seifert <soap <AT> gentoo <DOT> org> CommitDate: Mon Jan 12 14:17:22 2026 +0000 URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=4c44daad
app-editors/cursor: new package, add 2.3.34 Signed-off-by: David Seifert <soap <AT> gentoo.org> app-editors/cursor/Manifest | 2 + app-editors/cursor/cursor-2.3.34.ebuild | 133 ++++++++++++++++++++++++++++++++ app-editors/cursor/metadata.xml | 16 ++++ licenses/cursor | 52 +++++++++++++ 4 files changed, 203 insertions(+) diff --git a/app-editors/cursor/Manifest b/app-editors/cursor/Manifest new file mode 100644 index 000000000000..193f82523bd8 --- /dev/null +++ b/app-editors/cursor/Manifest @@ -0,0 +1,2 @@ +DIST cursor-2.3.34-amd64.deb 145179472 BLAKE2B 8dc17da354806fe23b66d3c5c30a8af6480cc76cc5333018129df8f894c7d7fc1bf9e34b5770d14dd17a6a4ab39070c860836c422eb7d0f908de668d2ab89f24 SHA512 deec916e163ef74130fedbc2bdc128cdf4cf10e833bb75f024fca7495ebcf05b8ae81197c161b5fe6d70cb307680bef0fbfbbc744b21f77c58124aa3a084a745 +DIST cursor-2.3.34-arm64.deb 137175016 BLAKE2B 3759bfee341053d2819cd8439803f15d58880fffea37f6df50d4bf0df868687de66f1f49cb646219e22848a0a814ebbebe2a9e9c49c4014bf4c23754c72820c0 SHA512 4162263d301986117d1e9f41e0442d5ead529d7ebc6245e61b711c6932bc78cfe82d5df82408be8ce84faf7aead0e8e526dce88b2e5d3ac22079ded5b14498fa diff --git a/app-editors/cursor/cursor-2.3.34.ebuild b/app-editors/cursor/cursor-2.3.34.ebuild new file mode 100644 index 000000000000..9e87e5418f28 --- /dev/null +++ b/app-editors/cursor/cursor-2.3.34.ebuild @@ -0,0 +1,133 @@ +# Copyright 1999-2026 Gentoo Authors +# Distributed under the terms of the GNU General Public License v2 + +EAPI=8 + +CHROMIUM_LANGS="af am ar bg bn ca cs da de el en-GB es es-419 et fa fi fil fr gu he + hi hr hu id it ja kn ko lt lv ml mr ms nb nl pl pt-BR pt-PT ro ru sk sl sr + sv sw ta te th tr uk ur vi zh-CN zh-TW" + +inherit chromium-2 desktop pax-utils unpacker xdg optfeature shell-completion + +# curl -sL "https://www.cursor.com/api/download?platform=linux-x64&releaseTrack=latest"; | jq -r '.commitSha' +BUILD_ID="643ba67cd252e2888e296dd0cf34a0c5d7625b96" +DESCRIPTION="Cursor App - AI-first coding environment" +HOMEPAGE="https://www.cursor.com/"; +SRC_URI=" + amd64? ( + https://downloads.cursor.com/production/${BUILD_ID}/linux/x64/deb/amd64/deb/cursor_${PV}_amd64.deb + -> ${P}-amd64.deb + ) + arm64? ( + https://downloads.cursor.com/production/${BUILD_ID}/linux/arm64/deb/arm64/deb/cursor_${PV}_arm64.deb + -> ${P}-arm64.deb + ) +" +S="${WORKDIR}" + +LICENSE="cursor" +SLOT="0" +KEYWORDS="-* ~amd64 ~arm64" +IUSE="egl kerberos wayland" +RESTRICT="bindist mirror strip" + +RDEPEND=" + || ( + sys-apps/systemd + sys-apps/systemd-utils + ) + >=app-accessibility/at-spi2-core-2.46.0:2 + app-crypt/libsecret[crypt] + app-misc/ca-certificates + dev-libs/expat + dev-libs/glib:2 + dev-libs/nspr + dev-libs/nss + media-libs/alsa-lib + media-libs/libglvnd + media-libs/mesa + net-misc/curl + sys-apps/dbus + sys-process/lsof + x11-libs/cairo + x11-libs/gtk+:3 + x11-libs/libdrm + x11-libs/libX11 + x11-libs/libxcb + x11-libs/libXcomposite + x11-libs/libXdamage + x11-libs/libXext + x11-libs/libXfixes + x11-libs/libxkbcommon + x11-libs/libxkbfile + x11-libs/libXrandr + x11-libs/libXScrnSaver + x11-libs/pango + x11-misc/xdg-utils + kerberos? ( app-crypt/mit-krb5 ) +" + +QA_PREBUILT="*" + +CURSOR_HOME="usr/share/cursor" + +src_prepare() { + default + + pushd "${CURSOR_HOME}/locales" >/dev/null || die + chromium_remove_language_paks + popd >/dev/null || die +} + +src_install() { + # disable update server + sed -e "/updateUrl/d" -i "${CURSOR_HOME}/resources/app/product.json" || die + + if ! use kerberos; then + rm -r "${CURSOR_HOME}/resources/app/node_modules/kerberos" || die + fi + + dodir /opt/cursor + cp -ar "${CURSOR_HOME}/." "${D}/opt/cursor/" || die + + fperms 4711 /opt/cursor/chrome-sandbox + pax-mark m /opt/cursor/cursor + dosym ../cursor/cursor /opt/bin/cursor + + local EXEC_EXTRA_FLAGS=() + if use wayland; then + EXEC_EXTRA_FLAGS+=( "--ozone-platform-hint=auto" "--enable-wayland-ime" "--wayland-text-input-version=3" ) + fi + if use egl; then + EXEC_EXTRA_FLAGS+=( "--use-gl=egl" ) + fi + + sed -e "s|^Exec=/.*/cursor|Exec=cursor ${EXEC_EXTRA_FLAGS[*]}|" \ + -e "s|^Icon=.*|Icon=cursor|" \ + usr/share/applications/cursor.desktop >"${T}/cursor.desktop" || die + domenu "${T}/cursor.desktop" + + sed -e "s|^Exec=/.*/cursor|Exec=cursor ${EXEC_EXTRA_FLAGS[*]}|" \ + -e "s|^Icon=.*|Icon=cursor|" \ + usr/share/applications/cursor-url-handler.desktop >"${T}/cursor-url-handler.desktop" || die + domenu "${T}/cursor-url-handler.desktop" + + # Install icon to hicolor theme at multiple sizes for better theme compatibility + local size + for size in 16 24 32 48 64 128 256 512 1024; do + newicon -s "${size}" usr/share/pixmaps/co.anysphere.cursor.png cursor.png + done + + insinto /usr/share/mime/packages + doins usr/share/mime/packages/cursor-workspace.xml + + newbashcomp usr/share/bash-completion/completions/cursor cursor + newzshcomp usr/share/zsh/vendor-completions/_cursor _cursor +} + +pkg_postinst() { + xdg_pkg_postinst + + optfeature "desktop notifications" x11-libs/libnotify + optfeature "keyring support inside cursor" "virtual/secret-service" +} diff --git a/app-editors/cursor/metadata.xml b/app-editors/cursor/metadata.xml new file mode 100644 index 000000000000..9b6aebd89caa --- /dev/null +++ b/app-editors/cursor/metadata.xml @@ -0,0 +1,16 @@ +<?xml version="1.0" encoding="UTF-8"?> +<!DOCTYPE pkgmetadata SYSTEM "https://www.gentoo.org/dtd/metadata.dtd";> +<pkgmetadata> + <maintainer type="person" proxied="yes"> + <email>[email protected]</email> + <name>Leo Douglas</name> + </maintainer> + <maintainer type="person"> + <email>[email protected]</email> + <name>David Seifert</name> + </maintainer> + <use> + <flag name="egl">Use EGL for smooth rendering on high refresh rate monitors</flag> + <flag name="wayland">Run in wayland mode under wayland sessions, xwayland otherwise. This flag doesn't affect x11 sessions.</flag> + </use> +</pkgmetadata> diff --git a/licenses/cursor b/licenses/cursor new file mode 100644 index 000000000000..5db78ff902c7 --- /dev/null +++ b/licenses/cursor @@ -0,0 +1,52 @@ +Cursor +End User License Agreement +Last Modified: June 13, 2023 + +This End User License Agreement (this “Agreement”) is a binding agreement between you and Anysphere Inc. (“Cursor”, “we”, “our”, or “us”). This Agreement governs your installation and use of the software (together with any updates and upgrades) made available by Cursor and any accompanying electronic or other documentation provided by Cursor (collectively, the “Software”). +You are required to indicate your agreement to the terms and conditions of this Agreement in order to access and use the Software. If you do not agree, you may not use the Software. By downloading, installing, or otherwise using the Software, you signify that you have read, understood, and agree to be bound by this Agreement, and you acknowledge that you have read and understood our Privacy Notice (as it may be updated from time to time, our “Privacy Notice”). If you are an individual and you install or use the Software on behalf of a business, (a) you represent and warrant that you have authority to bind that business to this Agreement, (b) “you” and “your” refer herein to you and that business, and (c) this Agreement is an agreement between Cursor and you and Cursor and that business. Except as otherwise agreed in writing between you and Cursor, the terms and conditions of this Agreement will prevail and govern over any conflicting terms of any other agreement between you and Cursor concerning the Software. +THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 9.2 AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 9.3 THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 9.2, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING. +1. Our Software +1.1 Eligibility +You may use the Software only if you can form a binding contract with Cursor, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations (“Applicable Law”). +1.2 Limited License +Subject to this Agreement, you are hereby granted a limited, non-exclusive, non-transferable, and freely revocable license to install and use the executable form of the Software made available by Cursor solely for your personal use only, and strictly as permitted by the features of the Software. Cursor may terminate this license at any time for any reason or no reason. Cursor reserves all rights not expressly granted herein in the Software. +1.3 Use Restrictions +Except as expressly specified in this Agreement, you may not: (a) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Software or otherwise attempt to discover any proprietary source code or trade secrets related to the Software; (b) license, sell, resell, assign, transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party; (c) remove any copyright or other proprietary notices in the Software; (d) circumvent any mechanisms in the Software intended to limit its use; (e) use the Software in any manner that exceeds the scope of use expressly permitted in this Agreement; or (f) permit any third party to do any of the foregoing. +1.4 Changes to the Software; Termination and Suspension by Cursor +We may for any reason or without any specific reason, with or without prior notice, change the Software; stop providing the Software or features of the Software, to you or to users generally; or create usage limits for the Software. We may permanently or temporarily terminate or suspend your access to the Software with or without notice and without liability, for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason. +2. Proprietary Rights +2.1 Ownership. The Software is licensed, not sold and all right, title and interest in and to the Software, including all intellectual property rights therein, shall remain the property of Cursor or its third party licensors. The Software is protected by United States copyright law and international treaties. +2.2 Feedback. To the extent you provide any suggestions, recommendations, or other feedback relating to the Software or any other Cursor products or services (collectively, “Feedback”), such Feedback is non-confidential, and you hereby grant, and you represent and warrant that you have all rights necessary to grant, to Cursor a non-exclusive, perpetual, irrevocable, transferable, royalty-free, and worldwide license, with the right to grant and authorize sublicenses, to implement, use, modify, and otherwise exploit, in any way without restriction, the Feedback, without any fees, attribution, or other obligations to you or any third party. +3. Open Source Software; Third-Party Software +The terms and conditions of this Agreement shall not apply to any “open source” or “free software” licenses (“Open Source Software”) contained in or accompanying the Software. Any such Open Source Software is subject to the terms of the applicable open source license agreement and copyright notice(s). The Software may also contain copyrighted software of Cursor’s third party licensors and service providers (“Third-Party Software”). Cursor’s third party licensors and service providers retain all right, title and interest in and to any such Third-Party Software, including all intellectual property rights therein. +4. Third Party Links and Services +The Software may integrate with, and may contain links to and content from, third-party websites and services that are not owned or controlled by Cursor (collectively, “Third-Party Services”). Cursor does not endorse or assume any responsibility for any Third-Party Services, nor for any information, materials, products, or services available on or through Third-Party Services. If you access a Third-Party Service from the Software, you do so at your own risk, and you understand that this Agreement and our Privacy Notice do not apply to your access to or use of such Third-Party Service. You acknowledge that a Third-Party Service may revoke your right to access and/or authenticate to such Third-Party Service at any time. As such, Cursor is not liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Third-Party Service. Cursor may enable Third-Party Services merely as a convenience to you, and the inclusion of Third-Party Services does not imply an endorsement or recommendation of them. You expressly relieve Cursor from any and all liability arising from your access to and/or use of any Third-Party Services. +5. Term; Termination +The term of this Agreement shall commence on the date in which you begin using the Software and shall continue unless and until terminated in accordance with this Agreement. In the event of any termination, you must cease use of the Software, and uninstall and delete all copies of the Software and all of its component parts. Cursor may terminate this Agreement at any time by terminating your access to the Software in accordance with Section 1.4. You may terminate this Agreement at any time by removing or deleting the Software and all of its component parts. This Agreement will automatically terminate without notice if you breach any term of this Agreement. Termination of this Agreement shall not prevent Cursor from claiming any further damages. All provisions of this Agreement shall survive the termination or expiration of this Agreement except for the license granted by Cursor in Section 1.2. +6. Indemnity +You agree to defend, indemnify, and hold harmless Cursor and its licensors, service providers, employees, contractors, agents, attorneys, accountants, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, attorneys’ fees) arising from: (a) your access to and use of the Software, including any data or content transmitted or received by you; (b) your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties contained herein; (c) your violation of any right of any third party, including, without limitation, any right of privacy or intellectual property right; (d) your violation of any Applicable Law; and (e) your gross negligence or willful misconduct. Cursor reserves the right, in its sole discretion and at its expense, to assume the exclusive defense and control of any such claims, in which case, you agre e to cooperate as reasonably requested by Cursor in the defense of such claims. +7. No Warranty +THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SOFTWARE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CURSOR OR THROUGH THE SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CURSOR, ITS LICENSORS, AND ITS SERVICE PROVIDERS DO NOT WARRANT THAT THE SOFTWARE IS ACCURATE, COMPREHENSIVE, RELIABLE, USEFUL, OR CORRECT; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR APPLICABLE LAW; THAT THE SOFTWARE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CO RRECTED; OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR FOR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SOFTWARE. +CURSOR IS NOT RESPONSIBLE FOR ANY DECISIONS, NOR FOR ANY DAMAGES OR OTHER LOSSES RESULTING FROM THE RELIANCE ON OR USE OF THE SOFTWARE. FURTHER, CURSOR DOES NOT WARRANT, ENDORSE, GUARANTEE, RECOMMEND, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SOFTWARE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SOFTWARE OR ANY HYPERLINKED WEBSITE. +FEDERAL LAW AND SOME STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. +8. Limitation of Liability +TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CURSOR OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, CONTRACTORS, AGENTS, ATTORNEYS, ACCOUNTANTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE INSTALLATION OR USE OF, OR INABILITY TO INSTALL OR USE, THE SOFTWARE OR ANY CONTENT CONTAINED IN OR GENERATED THROUGH THE SOFTWARE. UNDER NO CIRCUMSTANCES WILL CURSOR BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SOFTWARE. +TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CURSOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY CONTENT GENERATED THROUGH THE SOFTWARE; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SOFTWARE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SOFTWARE; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOFTWARE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SOFTWARE; AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT GENERATED OR OTHERWISE MADE AVAILABLE THROUGH THE SOFTWARE. IN NO EVENT WILL CURSOR OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, CONTRACTORS, ATTORNEYS, ACCOUNTANTS, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING $50.00. +THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CURSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. +SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. +9. Governing Law, Arbitration, and Class Action/Jury Trial Waiver +9.1 Governing Law. This Agreement will be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law governing this Agreement, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in Section 9.2 below and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by Applicable Law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in San Francisco, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent ju risdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other proprietary rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm. You agree that San Francisco, California is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the Arbitration Agreement below is found to be unenforceable. +9.2 Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CURSOR. This Section 9.2 (this “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (a) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Software, including receipt of any advertising, marketing, or other communications from us; (c) any transactions through, by, or using the Software; or (d) any other aspect of your relationship or transactions with us, directly or indirectly, as a user or consumer (“Claim” or collectively, “Claims”). This Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your consent to this Agreement. +If you are a new user, you can reject and opt-out of this Arbitration Agreement within thirty (30) days of accepting this Agreement by emailing Cursor at [[email protected]] with your full legal name and stating your intent to opt-out of this Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought. +For any Claim, you agree to first contact Cursor at [[email protected]] and to attempt to resolve the Claim with Cursor informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) calendar days, each of us agree to resolve any Claim through binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. The arbitration will be conducted in the U.S. county where you live or San Francisco, California unless you and we agree otherwise. If you are using the Software for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator will include costs of a rbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Software for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and we agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Agreement, or any provision of this Agreement, is unconscionable or illusory or any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel. +Nothing in this Arbitration Agreement will be deemed as: preventing Cursor from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of its data security, intellectual property rights, or other proprietary rights; or preventing you from asserting claims in small claims court, provided that your claims qualify, and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis. +If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration. +9.3 Class Action/Jury Trial Waiver. REGARDLESS OF THE TYPE OF USER YOU ARE, INCLUDING WHETHER YOU ARE A NATURAL PERSON OR AN ENTITY, ANY CLAIM MUST BE BROUGHT IN THE YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS SECTION 9.3 (THIS “CLASS ACTION/JURY TRIAL WAIVER”) APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. EACH PARTY AGREES THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. EACH PARTY FURTHER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIV E PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. +10. General +10.1 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cursor without restriction. Any attempted transfer or assignment in violation hereof will be null and void. +10.2 Notification Procedures and Changes to this Agreement. Cursor reserves the right, in its sole discretion, to modify this Agreement from time to time with notice given to you through the Software or through Cursor’s website at www.cursor.sh. When we modify this Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Such changes will be effective upon notice to you or on such other date provided with the notice. You can review the most current version of this Agreement by clicking on the [“EULA” link] located on the Software or on Cursor’s website. You are responsible for checking this Agreement periodically for changes. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this Agreement, you must immediately uninstall and stop using the Software. Your continued use of the Software following any notice of revision to this Agreement constitutes your complet e and irrevocable acceptance of any and all such changes. +10.3 Export. The Software may be subject to United States export control laws, including the United States Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Software to, or make the Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Software available outside of the United States. +10.4 Federal Government End Use Provisions. The Software is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are the United States Government or any contractor therefor, you shall receive only those rights with respect to the Software as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other United States Government licensees and their contractors. +10.5 Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Cursor in connection with the Software, will constitute the entire agreement between you and Cursor concerning the Software. Except as otherwise stated in the Arbitration Agreement, if any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. +10.6 No Waiver. No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or of any other term, and Cursor’s failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision. +10.7 Contact. Please contact us at [[email protected]] with any questions regarding this Agreement. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
