End User License Agreement for Sketch.IO Software

Please read this End User License Agreement (“EULA”) before You purchase the Sketchpad for Desktop and download the Software.

By purchasing Sketchpad for Desktop and using the Software, You agree, without reservation, to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase Sketchpad for Desktop or download and use the Software.

If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant (‘guarantee’) that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

You may not accept this EULA if You are not of legal age to form a binding contract with Sketch.IO.

1. Definitions

1.1 - In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:

“Sketch.IO” Sketch.IO, Inc. 11177 SE Mystery Springs Ct. Clackamas, OR 97015;
“Documentation” the detailed information about the Software, its features and the system requirements as made available on the website of Sketch.IO, as amended from time to time;
“Full version” the license for the Software for the term specified on the webpage of the store where You purchase the license, or in any applicable agreement concerning the purchase of the license (as stand-alone product or as part of a subscription) to Use the Software;
“Open Source Software” any software that requires as a condition of use, copying, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in source code form, and (b) be licensed for the purpose of making and/or distributing derivative works, and (c) be redistributable at no charge;
“Software” any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by Sketch.IO, including any Updates;
“Updates” any modified versions and updates of, and additions to the Software (excluding upgrades of the Software);
“Use” the access, download, install, copy or get benefit from using the Software in accordance with the documentation.
“You” you, the final and ultimate user of the Software or the authorized representative of a company or other legal entity that will be the final and ultimate user of the Software, and the company or other legal entity that will be the final and ultimate user of the Software, if applicable.
“Subscription” the monthly or yearly subscription purchased through pay.sketch.io, Apple App Store, or Microsoft App Store.

General

1.2 - This EULA applies to any licenses granted to You by Sketch.IO for the use of the Software.

1.3 - By purchasing Sketchpad for Desktop and/or downloading and using the Software, You enter into this EULA with Sketch.IO.

1.4 - This EULA may be modified from time to time. Sketch.IO will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the purchase of Sketchpad for Desktop. Any modifications to this EULA shall only apply upon acceptance by You.

2. License

2.1 - Sketch.IO grants You a non-exclusive, non-transferable, limited, revocable license to Use the Software in accordance with this EULA. Sketch.IO reserves all rights not expressly granted to You.

2.2 - Sketch.IO is and remains the owner of any intellectual property rights with respect to the Software. You shall not acquire any ownership to the Software as result of Your purchase of Sketchpad for Desktop or Your Use of the Software.

3. Permitted use and restrictions

3.1 - In order to be able to install the Software and receive Updates and upgrades, Your computer shall have access to the Internet and shall meet the system requirements described in the Documentation that can be found on the webpage: https://sketch.io/release-notes/.

3.2 - You may Use the Software on one computer only, unless You have purchased (a) a volume license or (b) more than one Full version or (c) purchased Sketchpad through the Apple App Store and participate in a Family Sharing plan. In the event You have purchased a volume license or more than one Full version, the number of computers You may Use the Software on shall not exceed the number of the Full version purchased. If You exceed the limit, Sketch.IO may ask you to discontinue Your use of Sketchpad for Desktop.

3.3 - You shall Use the Full version in accordance with applicable laws and shall not:

rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the Full version;
assign the Full version without prior written approval of Sketch.IO;
Use the Full version for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Software; or
copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Software or any parts thereof, except to the extent permitted by applicable law.

3.4 - Sketch.IO may modify the Software at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.

3.5 - Certain components of the Software are Open Source Software and licensed under the terms of the applicable license(s) of the Open Source Software. You shall adhere to these terms and conditions, which can be found via the webpage: https://sketch.io/humans.txt.

4. Maintenance and support

4.1 - Sketch.IO will notify You of any available Updates and upgrades.

4.2 - You will be entitled to receive Updates free of charge for Your current version of Sketchpad for Desktop.

4.3 - You may need to pay an additional fee in order to be able to download an upgrade.

4.4 - Any maintenance and support provided by Sketch.IO, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty (‘guarantee’), as soon as reasonably practicable, subject to availability of personnel.

5. Use of data

5.1 - Sketch.IO and its subsidiaries may periodically collect and use technical and related data concerning the Software You have purchased, including about the version number of the Software You have installed and about the system You have installed the Software on. Sketch.IO will use such data to facilitate maintenance and support with respect to the Software, to improve its products and to provide further services or technologies to You.

5.2 - Sketch.IO may process personal data with respect to You, if and to the extent necessary to provide the Full version, to provide maintenance and support to You with respect to the Software and to comply with its obligations under this EULA. To the extent Sketch.IO will process personal data, it will comply with its obligations under applicable data protection law. Please see our privacy statement for more details on the processing of Your personal data that Sketch.IO has collected and received through its website.

6. Disclaimer

6.1 - You Use the Software at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.

6.2 - The Software and accompanying documentation are provided on an “as is” and “as available” basis without warranty (‘guarantee’) - express or implied- of any kind, and Sketch.IO specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Sketch.IO, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.

7. Liability limitation

7.1 -The liability of Sketch.IO and any third party that has been involved in the creation, production, or delivery of the Software for all damages arising out of or in any way relating to the License version, the Trial version, the License Key, the Software and/or this EULA shall in no event exceed the total amount of $1.

7.2 - Sketch.IO and any third party that has been involved in the creation, production, or delivery of the Software are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Software).

7.3 - The limitations of liability referred to in clause 7.1 and 7.2 shall not apply in the event that: (i) any negligence on the part of Sketch.IO leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of Sketch.IO or the management of Sketch.IO.

8. Termination

8.1 - This EULA will continue to be in force until the expiry or termination of the Full version or your subscription.

8.2 - Upon termination of the Full version or Trial version, your Sketchpad app will revert to the free tier.

8.3 - You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.

9. Governing law and disputes

9.1 - This EULA shall be governed by and construed in accordance with the laws of the State of Oregon, excluding its conflicts of law rules.

9.2 - Any dispute between Sketch.IO and You shall exclusively be submitted to the competent court in the State of Oregon, USA.