 User licence Effective date: June 1st, 2019 This is a legal agreement between you (an individual or legal entity) and Mad Sketcher. It provides a licence to use the software and contains warranty information and liability disclaimers. By using the software, you agree to the terms of this licence. Definitions Licence You are granted the rights outlined in this licence, provided you comply with all terms and conditions. The Commercial and Hosted licences grant access to a number of users and during the period paid for, barring any promotion or free trial period. You are required to purchase more users access, if you want to allow more users to make use of the software. You are required to renew and extend the period of use, once the paid for period is expired. Any 'Mad Sketcher' licence offers access to all further updates to the program. You can publish the work produced through 'Mad Sketcher', but we cannot be held liable for the content of the publication. 'Mad Sketcher' cannot be freely distributed to other parties, or distributed inside other softwares, without written permission. Restrictions All rights to the Software and related documentation not expressly granted under this User Licence are reserved to Mad Sketcher, including all patent, copyright, trade secret, trademark and other proprietary rights therein. The Software is licensed, not sold. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer any version of the Software, or any subset of it, except as provided for in this User Licence. Any such unauthorized use shall result in immediate and automatic termination of this User Licence and may result in criminal and/or civil prosecution. Term This User Licence is effective until terminated. You may terminate said licence by destroying the Software, the documentation and copies thereof. The licence granted herein will also terminate if you fail to comply with any terms or conditions of this User Licence or otherwise wrongfully use or disseminate any version of the Software or any subset of it. You agree upon such termination to destroy all copies of the Software and of the documentation, or return them to Mad Sketcher. If, for any reason, the User Licence is terminated, you will no longer have any right to use any version of the Software and the other provisions of this User Licence will remain in force and effect. Limited warranty Mad Sketcher provides no warranties for the Personal and Education licences, and will not be liable for any data loss, damages or any kind of loss while using these licences. Mad Sketcher warrants that the Commercial and Hosted versions will perform in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt (the 'Limited warranty'). If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE NINETY (90) DAY PERIOD OF THIS LIMITED WARRANTY. AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory. Your exclusive remedy for any breach of the Limited warranty is as set forth below. Except for any refund elected by Mad Sketcher, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Commercial or Hosted licences do not meet the Limited warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of the below section entitled “Exclusion of Incidental, Consequential and Certain Other Damages” are also incorporated into the Limited warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The Limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. Mad Sketcher’s entire liability and your exclusive remedy shall be to, at Mad Sketcher’s option from time to time exercised subject to applicable law, (i) replace defective media or documentation, as the case may be, (ii) use reasonable efforts to correct significant defects in the Commercial and Hosted licences, whichever is applicable, without charge, or (iii) refund the licence fee paid to Mad Sketcher for the applicable copy of the Software and terminate all licences granted to you for such copy. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. This Limited warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Outside of the United States, Canada, and the European Union, neither these remedies nor any product support services offered by Mad Sketcher are available without proof of purchase from Mad Sketcher or an authorized international source. To exercise your remedy, contact us at issue@madsketcher.com Disclaimer of warranties The Limited warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation, packaging, or other communications. Except for the Limited warranty and to the maximum extent permitted by applicable law, Mad Sketcher provides the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. By way of example, without limitation, Mad Sketcher provides no warranties of any kind to any end-users accessing or otherwise using applications developed or otherwise obtained by you. Because programs such as the Software are inherently complex, Mad Sketcher does not warrant that the Software is error-free or will operate without interruption. Furthermore, Mad Sketcher does not warrant that the Software will work with any given database, network or network application. You acknowledge that due to the complexity of the Software, it is possible that use of the Software could lead to the unintentional loss or corruption of data. You assume all risks of such data loss or corruption. The Limited warranty provided in this User Licence does not cover any damages or losses resulting from data loss or corruption. Exclusion of incidental, consequential and certain other damages To the maximum extent permitted by applicable law, in no event shall Mad Sketcher be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software, the provision of or failure to provide support or other services, informaton, software, and related content through the software or otherwise arising out of the use of the software, or otherwise under or in connection with any provision of this User Licence, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Mad Sketcher, and even if Mad Sketcher has been advised of the possibility of such damages. Limitation of liability Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Mad Sketcher under any provision of this User Licence and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Mad Sketcher with respect to any breach of the Limited warranty) shall be limited to the greater of the amount actually paid by you for the Software or €5.00. The foregoing limitations, exclusions and disclaimers (including those in the sections above entitled Limited warranty and Remedies, Disclaimer of Warranties and Exclusion of Incidental, Consequential and Certain Other Damages) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. Applicable law The internal laws of France shall control this User Licence, regardless of any laws on choice of law or conflicts of laws of any jurisdiction. This User Licence shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods and will be deemed a contract under seal. Any dispute arising under or related to this User Licence shall be resolved exclusively in Paris, France. You hereby consent to such exclusive jurisdiction and venue and waive any objections thereto. This User Licence (including any addendum or amendment to this User Licence which is included with the Software) is the entire agreement between you and Mad Sketcher relating to the Software and the support services (if any) and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this User Licence. Contact Us If you have any questions about this User Licence, please contact us at contact@madsketcher.com |