End-user license agreement for Sketch Notebook Plugin
Read this End User License Agreement (“EULA”) carefully before You purchase a License for the Software and subsequently download and use the Software.
By purchasing a License Key and/or downloading 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 a License Key and/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 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 Twice Tools.
1.1 In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
“Twice Tools” TwiceT SL, Meson de Paredes 86, Madrid, Spain.;
“Documentation” the detailed information about the Software, its features and the system requirements as made available on the website, as amended from time to time;
“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 Twice Tools, 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.
1.2 This EULA applies to any licenses granted to You by Twice Tools for the use of the Software.
1.3 By purchasing a License Key for the Software and/or downloading and using the Software, You enter into this EULA with Twice Tools.
1.4 This EULA may be modified from time to time. Twice Tools will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the provision of the Software. Any modifications to this EULA shall only apply upon acceptance by You.
2.1 Twice Tools grants You a non-exclusive, non-transferable, limited, revocable license to Use the Software in accordance with this EULA. Twice Tools reserves all rights not expressly granted to You.
2.2 Twice Tools 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 the License Key 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.
3.2 You may Use the Software on one computer only, unless You have purchased (a) a volume license or (b) more than one license. In the event You have purchased a volume license, the number of computers You may Use the Software on shall not exceed the number of the licenses purchased. If You exceed the limit, Twice Tools may block you to use the Software.
3.3 You shall Use the license in accordance with applicable laws and shall not:
3.4 Twice Tools 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.
4. Maintenance and support
4.1 Twice Tools will notify You of any available Updates and upgrades.
4.2 You will be entitled to receive Upgrades free of charge during a period of twelve (12) months upon purchasing the License. In order to receive Updates after this twelve months’ period, You will need to renew your License.
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 Twice Tools, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty (‘garantie’), as soon as reasonably practicable, subject to availability of personnel.
5. Use of data
5.1 Twice Tools and its subsidiaries may periodically collect and use technical and related data concerning the Software You have licensed, including about the version number of the Software You have installed and about the system You have installed the Software on. Twice Tools 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 Twice Tools may process personal data with respect to You, if and to the extent necessary to provide the License, to provide maintenance and support to You with respect to the Software and to comply with its obligations under this EULA. To the extent Twice Tools will process personal data, it will comply with its obligations under applicable data protection law.
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 (‘garantie’) - express or implied- of any kind, and Twice Tools specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Twice Tools, 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 Twice Tools 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 Software and/or this EULA shall in no event exceed the total amount of € 25.
7.2 Twice Tools 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 Twice Tools leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of Twice Tools or the management of Twice Tools.
8.1 This EULA will continue to be in force until the expiry or termination of the License.
8.2 The Full version or Trial version will terminate automatically at the end of the applicable license term, unless renewed or Activated prior to the end of the applicable license term.
8.3 Twice Tools is entitled to terminate the License by blocking it during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your fee for the License within the applicable payment term, or in the event Twice Tools is required to do so by law or an order of an applicable court.
8.4 Upon termination of the License, You shall cease all use of the Software and shall destroy all copies thereof.
8.5 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 Spain, excluding its conflicts of law rules.
9.2 - Any dispute between Twice Tools and You shall exclusively be submitted to the competent court in Madrid, Spain.