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 (‘garandeert’) 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 Bohemian.
1.1 - In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
1.2 - This EULA applies to any licenses granted to You by Bohemian 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 Bohemian.
1.4 - This EULA may be modified from time to time. Bohemian 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 - Bohemian grants You a non-exclusive, non-transferable, limited, revocable license to Use the Software in accordance with this EULA. Bohemian reserves all rights not expressly granted to You.
2.2 - Bohemian 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.
3.1 - 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/.
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 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, Bohemian may block the License Key.
3.3 - You shall Use the Full version or Trial version in accordance with applicable laws and shall not:
3.4 - Bohemian 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://sketchapp.com/acknowledgements/.
4.1 - Bohemian will notify You of any available Updates and upgrades.
4.2 - You will be entitled to receive Updates free of charge during a period of twelve (12) months upon purchasing the License Key for the Full version. In order to receive Updates after this twelve months’ period, You will need to renew your License Key for the Full version.
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 Bohemian, 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.
5.1 - Bohemian 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. Bohemian 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 - Bohemian may process 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. To the extent Bohemian 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 Bohemian has collected and received through its website.
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 Bohemian specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Bohemian, 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.
7.1 -The liability of Bohemian 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 € 75.
7.2 - Bohemian 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 Bohemian leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of Bohemian or the management of Bohemian.
8.1 - This EULA will continue to be in force until the expiry or termination of the Full version or Trial version.
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 - Bohemian 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 Bohemian is required to do so by law or an order of an applicable court.
8.4 - Upon termination of the Full version or Trial version, 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.
9.1 - This EULA shall be governed by and construed in accordance with the laws of the Netherlands, excluding its conflicts of law rules.
9.2 - Any dispute between Bohemian and You shall exclusively be submitted to the competent court in The Hague, the Netherlands.