[notebook] 2.0

A Sketch Plugin by Owl Tools

End User License Agreement

Please read this End User License Agreement (“EULA”) before You purchase a License for the Software Notebook Plugin and subsequently download and use the Software Notebook Plugin.

By using the Software Notebook Plugin, or by buying any of the Licenses available of the Software Notebook Plugin, You agree without reservation to be bound by the Agreement. If You do not agree with the terms of the Agreement, please do not purchase or use the Software Notebook Plugin.

By purchasing a License of the Software Notebook Plugin and/or downloading and using the Software Notebook Plugin, 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 and/or download and use the Software Notebook Plugin.

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 Owl Tools.

Definitions

  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 software with the License provided by Owl Tools;
    • “Documentation”: the detailed information about the Software Notebook Plugin, its features and the system requirements as made available on the website of the Software Notebook Plugin, as amended from time to time;
    • “Full version”: the license for the Software Notebook Plugin for the term specified, 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 Notebook Plugin;
    • “License Key”: an unique code provided by Owl Tools, which enables You to activate the Trial version or Full version by entering the code into the Software Notebook Plugin and to subsequently use the Software Notebook Plugin during the applicable license term;
    • “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;
    • “Notebook Plugin”: any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by Owl Tools, including any Updates;
    • “Trial version”: the temporal license for the Software Notebook Plugin to Use the Software Notebook Plugin for the sole purpose of testing and evaluating the Software Notebook Plugin;
    • “Updates”: any modified versions and updates of, and additions to the Software Notebook Plugin (excluding upgrades of the Software Notebook Plugin);
    • “Use”: the access, download, install, copy or get benefit from using the Software Notebook Plugin in accordance with the documentation;
    • “You”: you, the final and ultimate user of the Software Notebook Plugin or the authorized representative of a company or other legal entity that will be the final and ultimate user of the Software Notebook Plugin, and the company or other legal entity that will be the final and ultimate user of the Software Notebook Plugin, if applicable.

General provisions

  1. This EULA applies to any licenses granted to You by Owl Tools for the use of the Software Notebook Plugin.
  2. By purchasing a License Key for the Software Notebook Plugin and/or downloading and using the Software Notebook Plugin, You enter into this EULA with Owl Tools.
  3. This EULA may be modified from time to time. Owl 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 License. Any modifications to this EULA shall only apply upon acceptance by You.

License

  1. Owl Tools grants You a non-exclusive, non-transferable, limited, revocable license to Use the Software Notebook Plugin in accordance with this EULA. Owl Tools reserves all rights not expressly granted to You.
  2. Owl Tools is and remains the owner of any intellectual property rights with respect to the Software Notebook Plugin. You shall not acquire any ownership to the Software Notebook Plugin as result of Your purchase of the License Key or Your Use of the Software Notebook Plugin.

Permitted use and restrictions

  1. In order to be able to install the Software Notebook Plugin and receive Updates and upgrades, Your computer shall have access to the Internet.
  2. You may Use the Software Notebook Plugin 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 Notebook Plugin on shall not exceed the number of the Full version or Trial version purchased. If You exceed the limit, Owl Tools may block the License Key.
  3. You shall Use the Full version or Trial version in accordance with applicable laws and shall not:
    • use the Trial version on any system where the Trial version was previously Used and expired;
    • rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License, the Full version or the Trial version;
    • assign the License, the Full version or the Trial version without prior written approval of Owl Tools;
    • Use the Full version or Trial 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 Notebook Plugin; 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 Notebook Plugin and the License Key or any parts thereof, except to the extent permitted by applicable law.
  4. Owl Tools may modify the Software Notebook Plugin 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. Certain components of the Software Notebook Plugin 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.

Maintenance and support

  1. Owl Tools will notify You of any available Updates and upgrades.
  2. You will be entitled to receive Updates free of charge:
    • during a period of twelve (12) months upon purchasing the License. In order to receive Updates after this twelve month period, You will need to renew your License, or
    • while your Notebook Premium Subscription is active.
  3. You may need to pay an additional fee in order to be able to download an upgrade.
  4. You can download available Updates and upgrades using the download link provided on the notification emails.
  5. Any maintenance and support provided by Owl Tools, 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 availability of personnel.

Disclaimer

  1. You Use the Software Notebook Plugin at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
  2. the Software Notebook Plugin and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied - of any kind, and Owl Tools specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Owl 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.

Liability limitation

  1. To the maximum extent permitted by applicable law, the total aggregate liability of Owl Tools, its Affiliates, personnel, subcontractors, agents or any third party that has been involved in the creation, production, or delivery of the Software Notebook Plugin for all damages arising out of or in any way relating to the Software Notebook Plugin and/or Agreement by You shall in no event exceed the total amount(s) paid to Owl Tools in the preceding 12 months.
  2. Owl Tools and any third party that has been involved in the creation, production, or delivery of the Software Notebook Plugin 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 Notebook Plugin).
  3. The limitations of liability referred to in the corresponding clauses shall not apply in the event that: (i) any negligence on the part of Owl Tools leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of Owl Tools or the management of Owl Tools.

Termination

  1. This EULA will continue to be in force until the expiry or termination of the Full version or the Trial version.
  2. The Full version, Trial version, Pro and Lite Licenses will terminate automatically at the end of the applicable license term, unless renewed or Activated prior to the end of the applicable license term.
  3. The premium License of the Software Notebook Plugin will renew automatically at the end of the applicable license term.
  4. Owl Tools is entitled to terminate the Full version or the 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 Owl Tools is required to do so by law or an order of an applicable court.
  5. Upon termination of the Full version or the Trial version, You shall cease all use of the Software Notebook Plugin.
  6. 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.

Governing law and disputes

  1. This EULA shall be governed by and construed in accordance with the laws of the Spain.