Please read this End User License Agreement (“EULA”) before You purchase a License Key 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 GuideGuide.
1.1 — In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
- “Activate” turning the Trial version into the Full version of the same application with a License Key provided by GuideGuide;
- “GuideGuide” GuideGuide, LLC, a company by Cameron McEfee;
- “I”, “my”, “me” Cameron McEfee (it’s just me);
- “Documentation” the detailed information about the Software, its features and the system requirements as made available on the website of GuideGuide, as amended from time to time;
- “License Key” a unique code provided by GuideGuide, which enables You to activate the Trial version or Full version by entering the code into the Software and to subsequently use the Software during the applicable license term;
- “Contract period” the duration for which GuideGuide will remain available based upon what you have paid for it;
- “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;
- “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 Bohemian, including any Updates;
- “Trial version” the license for the Software for the term of 14 days to Use the Software for the sole purpose of testing and evaluating the Software;
- “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 GuideGuide 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 GuideGuide.
1.4 — This EULA may be modified from time to time. GuideGuide will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the provision of the License Key. Any modifications to this EULA shall only apply upon acceptance by You.
2.1 — GuideGuide grants You a non-exclusive, non-transferable, limited, revocable license to Use the Software in accordance with this EULA. GuideGuide reserves all rights not expressly granted to You.
2.2 — GuideGuide 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.
2.3 — At the time of your purchase, you will be given the option to select either monthly or annual Contract Frequency and the quantity of License Keys you wish to purchase. For the duration of the Contract Period you pay for and as long as you renew your contract, you may access GuideGuide’s features.
3. Cancellation; Contract Period change; Refunds
3.1 You may cancel the automatic renewal of your License Keys at any time via the account management page.
3.2 — You may change the Contract Period for your License Keys at any time by contacting customer support. Any changes will take effect at the start of the next Contract Period.
3.3 — You are entitled to a refund if your License Keys have never been activated, or at My discression if they have. I tend to be generous unless you’re rude.
3.4 — Should you request a refund as a result of an error or unexpected behavior, I will make one attempt to convince you to troubleshoot the issue first. You may state that you do not wish to troubleshoot to bypass this.
4. Permitted use and restrictions
4.1 — 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://sketchapp.com/updates/.
4.2 — You may Use the Software on two computers only, unless You have purchased (a) a volume license or (b) more than one Full version or Trial version. In the event You have purchased a volume license or more than one Full version or Trial version, the number of computers You may Use the Software on shall not exceed the number of the Full version or Trial version purchased. If You exceed the limit, GuideGuide may block the License Key.
4.3 — You shall Use the Full version or Trial version in accordance with applicable laws and shall not:
a. Use the Trial version on any system where the Trial version was previously Used and expired; a. rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key, the Full version or the Trial version; a. Use the Full version or Trial version for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity; a. delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Software; or a. 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 and the License Key or any parts thereof, except to the extent permitted by applicable law.
4.4 — GuideGuide 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.
5. Maintenance and support
5.1 — When new updates are available, you will be notified by the host application where such support exists, or notified from within the Software when no such support exists.
5.2 — Updates are freely available. However, a valid license key is required to use the Software.
5.3 — Any maintenance and support I provide, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to my availability. I do my best to respond and fix errors quickl. However, as one person, I am sometimes unavailable during the rare vacation or holiday.
6. Use of data
6.1 — GuideGuide and its vendors 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. GuideGuide 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.
6.2 — GuideGuide may controll personal data with respect to You, if and to the extent necessary to provide the License Key, to provide maintenance and support to You with respect to the Software and to comply with its obligations under this EULA.
7.1 — You Use the Software at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
7.2 — The Software and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied - of any kind, and GuideGuide specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by GuideGuide, 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.
8. Liability limitation
8.1 — The liability of GuideGuide 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 cost of the most recent Contract Period.
8.2 — GuideGuide 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).
8.3 — 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 GuideGuide leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of GuideGuide or the management of GuideGuide.
9.1 — This EULA will continue to be in force until the expiry or termination of the Full version or Trial version.
9.2 — Your License Keys will renew automatically at the end of the Contract Period. You will be notified in advance of this renewal.
9.3 — GuideGuide is entitled to terminate the Full version or Trial version by blocking the License Key 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 (subscription) fee for the License Key within the applicable payment term, or in the event GuideGuide is required to do so by law or an order of an applicable court.
9.4 — Upon termination of the Full version or Trial version, You shall cease all use of the Software.
9.5 — 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.