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</ul> Legal Terms of Service Version 18 November 2020 <p>Sketch B.V.
(also “Sketch”) provides a software platform for digital design.
The Sketch Platform is supported by a cloud persistency service where customers can store design artifacts and documents, share them with other members of their design operations, and manage Sketch user privileges.
Customers can create design documents in our popular Mac application and then upload them to the cloud for viewing or collaboration, or they can simply save design files on their local Mac machine(s), if preferred.</p>
<p>Please read these Sketch Terms of Service (<strong>“Terms”</strong>) carefully before You download, purchase or use the Sketch Platform.</p>
<p>By purchasing a subscription for or using the Sketch Platform, or by purchasing a License Key for the Sketch Mac App, 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 Sketch Platform.</p>
<p>If You accept the terms and conditions in the Agreement on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in the Agreement on behalf of such company or other legal entity, and to legally bind such company or other legal entity.
You may not accept the Agreement if You are not of legal age to form a binding contract with Sketch B.V..</p> Definitions <ol>
<li>In these Terms, the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise: <ul>
<li>
<strong>“Admin”</strong> — a role that an individual can be assigned as via a Sketch for Teams subscription, which allows that individual to manage Workspaces, assign Contributors and Viewers, and change billing details;</li>
<li>
<strong>“Affiliate(s)”</strong> — an entity that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with Sketch B.V.;</li>
<li>
<strong>“Agreement”</strong> — the agreement between Sketch B.V.
and You, as further defined in clause 2.2;</li>
<li>
<strong>“Confidential Information”</strong> — any and all information that Sketch discloses to You, whether in writing, electronically or orally and in any form (tangible or intangible) that is confidential, proprietary, or relates to shareholders, whether commercial, technical, financial, customer, supplier, product or production related;</li>
<li>
<strong>“Contributor”</strong> — a role that an individual can be assigned as via a Sketch for Teams subscription by the Admin, which allows that individual to access the Mac app and provides the ability to add, modify, manage and delete cloud documents;</li>
<li>
<strong>”Comments”</strong> — includes, but is not limited to, any comment, opinion, advice, suggestion, recommendation or critic;</li>
<li>
<strong>”Content”</strong> — includes, but is not limited to any content, graphic, design, fonts, document or material created with or embedded in the Sketch Platform by You;</li>
<li>
<strong>“License Key”</strong> — a unique code provided by Sketch B.V., which enables You to activate and subsequently use the Mac app during the applicable license term;</li>
<li>
<strong>“Mac app”</strong> — Any Sketch software application designed to operate on Apple’s macOS platform that is available for download from sketch.com and licensed to You, including related content, files, media, and/or software setup files;</li>
<li>
<strong>“Sketch B.V.” or “Sketch”</strong> — Sketch B.V., Flight Forum 40, Ground floor, 5657 DB Eindhoven, the Netherlands with chamber of commerce registration number 60360461 and VAT number NL8538.75.273.B01;</li>
<li>
<strong>“Sketch Account”</strong> — the account customers use to sign into Sketch Cloud, and/or enter into the Mac app;</li>
<li>
<strong>“Sketch Cloud”</strong> — the cloud-based services and other materials, including Updates, as made available by Sketch B.V.
and accessible via your browser or the Mac app;</li>
<li>
<strong>“Sketch Mirror”</strong> — a companion application for the Mac app that lets You preview designs on Your iOS devices.
Sketch Mirror is available for free on the Apple App Store;</li>
<li>
<strong>“Sketch Platform”</strong> — the Mac app, Sketch Cloud, and Sketch Mirror;</li>
<li>
<strong>“Sketch Policies”</strong> — the policies of Sketch B.V.
as made available on https://www.sketch.com/ and amended from time to time, including but not limited to the Data Processing Addendum and Privacy Statement;</li>
<li>
<strong>“Team(s)” or “Sketch for Teams”</strong> — (a) subscription(s) to Sketch Platform;</li>
<li>
<strong>“Updates”</strong> — any modified versions and updates of, and additions to the Sketch Platform;</li>
<li>
<strong>“Workspace”</strong> — a shared space for data and Content on Sketch Cloud that can be accessed by Admins, Contributors and Viewers;</li>
<li>
<strong>“You”</strong> — you, the final and ultimate user of the Sketch Platform or the authorized representative of a company or other legal entity that will be the final and ultimate user of the Sketch Platform, and the company or other legal entity that will be the final and ultimate user of the Sketch Platform, if applicable.</li>
</ul>
</li>
</ol> A.
General Provisions <p>
<strong>This Section (A) describes general provisions that apply to Your use of the Sketch Platform.
Section (B) describes additional, specific provisions that relate to Your Use of the Mac app.</strong>
</p> General <ol>
<li>These Terms apply to any licenses granted to You by Sketch B.V.
for the use of the Sketch Platform.</li>
<li>By checking the acceptance box when registering for a subscription to use the Sketch Platform, by purchasing a License Key, or by starting to use the Sketch Platform, You enter into an agreement with Sketch B.V.
for the use of the Sketch Platform as of that date (<strong>“Effective Date”</strong>).
Your agreement with Sketch B.V.
is governed by these Terms as well as the Sketch Policies that are thereby accepted by You and includes any other (commercial) arrangements made in writing between Sketch B.V.
and You (<strong>“Agreement”</strong>).
No addition, amendment or modification of the Agreement shall be effective unless it is in writing and signed by and on behalf of both parties.</li>
<li>You acknowledge that these Terms may be modified from time to time without prior notice to You.
Such modifications will be effective upon posting on https://www.sketch.com/legal or otherwise notifying You, e.g.
by using the email address used for Your registration or purchase.
If You do not agree with modifications to these Terms, You can terminate this Agreement in accordance with clause 14.</li>
<li>In the event any provision of these Terms and/or any part of the Agreement is found by a competent court to be invalid, unlawful or unenforceable, then such part will be severed from the remainder of the Agreement (as defined above), which itself will continue to be valid and enforceable to the full extent permitted by law.
As for the provision and/or part that has been found to be invalid, unlawful or unenforceable, Sketch B.V.
and You shall enter into negotiations to agree upon a new term replacing such invalid, unlawful or unenforceable provision and/or part, whereby the purpose and the meaning of the original provision and/or part shall be applied to the extent possible.</li>
<li>The Agreement sets forth the entire agreement and understanding between Sketch B.V.
and You with respect to the subject matter hereof.
Your terms and conditions of whatever kind shall not apply, not even in addition to the Agreement.</li>
</ol> License and intellectual property rights <ol>
<li>You shall remain the owner of the Content.
You grant Sketch B.V.
a worldwide, non-exclusive, royalty free, transferable license with a right to sub-license to use, reproduce, distribute, display and perform the Content to the extent required for the provision of the Sketch Platform.</li>
<li>The license granted under clause 3.1 does not entitle Sketch B.V.
to use the Content for marketing purposes.
However, with Your prior approval, Sketch B.V.
is entitled to include Your name and logo or distinctive signs on its web page, on the client list, and may include a quote drafted by You relating to the service hereunder to be published in press releases.
Such statement must be agreed on beforehand by You and Sketch B.V..</li>
<li>The license granted under clause 3.1 remains effective until such Agreement is suspended or terminated in accordance with clause 14.</li>
<li>Sketch B.V.
grants You a non-exclusive, non-transferable, limited, revocable license to use the Sketch Platform in accordance with the Agreement, subject to your payment of applicable fees under this Agreement.
Sketch B.V.
reserves all rights not expressly granted to You.</li>
<li>All right, title, and interest in and to the Sketch Platform will remain the exclusive property of Sketch B.V.
and its licensors.
You may not delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Sketch Platform.
You shall not acquire any ownership to the Sketch Platform as a result of Your purchase or use of the Sketch Platform.</li>
<li>Nothing in the Agreement gives You the right to use Sketch B.V.’s name or any of Sketch B.V.’s trademarks, logos, domain names and other distinctive brand features.</li>
<li>You understand and agree that Sketch B.V.
may be independently creating content, other products and services that may be similar to or competitive with the Content.
Nothing in the Agreement will be construed as restricting or preventing Sketch B.V.
from creating and fully exploiting any such content, other products and services without any obligations to You.</li>
</ol> Sketch for Teams subscription <ol>
<li>You can start a Team via https://www.sketch.com/.
Once You have started a Team, You are the Admin for that Team.</li>
<li>You may also start a trial of Sketch for Teams for the term of 30 (thirty) days for the sole purpose of testing and evaluating Sketch for Teams.
Upon expiration of the trial, Sketch B.V.
will charge your designated payment method for the coming period so that You can keep using the Sketch Platform, unless You cancel Your Team prior to trial expiration.</li>
<li>If You are the Admin for a Team, You can: (a) invite individuals for your Team and assign them the role of Admin, Contributor, or Viewer via https://www.sketch.com/, (b) assign yourself the role of Contributor or Viewer and (c) You can revoke the assigned role of Contributor or Viewer with immediate effect.</li>
<li>If You are a Contributor in a Team, You are granted a license to Use the Mac app for the term that You are a Contributor.</li>
<li>If You are a Viewer in a Team, You can review Content, post Comments, and download documents but You cannot access the Mac app or upload Content to Sketch Cloud.</li>
</ol> Content <ol>
<li>Sketch B.V.
is not responsible and liable for the Content and the consequences of uploading the Content and for sharing the Content.
Once the Content is shared with a Team, it may be accessible by users with whom You are in a Team and persist after termination of Your Agreement pursuant to clause 14.
Sketch B.V.
does not endorse the Content or any advice, suggestion or opinion expressed in the Content.</li>
<li>You warrant that You have (and will continue to have during Your use of the Sketch Platform) all necessary licenses, rights, consents, and permissions which are required to enable Sketch B.V.
to use the Content for the purposes of the provision of the Sketch Platform, and otherwise to use the Content in the manner contemplated by the Sketch Platform and these Terms.</li>
<li>On becoming aware of any (potential) violation of the Agreement, Sketch B.V.
reserves the right (a) to remove the Content which is in violation of the Agreement and (b) to disable access to such Content at any time, without prior notice and at its sole discretion.</li>
</ol> Comments <ol>
<li>Sketch B.V.
is not responsible and liable for Comments posted by You or third parties, including Comments with respect to the Content.
Sketch B.V.
does not endorse the Comments or any advice, suggestion or opinion expressed in the Comments.</li>
<li>You shall not post Comments that: <ol>
<li>are factually inaccurate, offensive, indecent, or otherwise objectionable;</li>
<li>(in part) consist of advertisements or promotions.
or</li>
<li>are otherwise in violation of the law and/or of the Agreement.</li>
</ol>
</li>
<li>Sketch B.V.
reserves the right to remove Comments which are in violation of the law and/or of the Agreement at any time, without prior notice and at its sole discretion.
Once Comments are shared with a Team, they may be accessible by users with whom You are in a Team and persist after termination of Your Agreement in accordance with clause 14.</li>
</ol> Feedback and notifications <ol>
<li>You acknowledge and agree that if You provide Sketch B.V.
with any suggestions, comments, or other feedback about the Sketch Platform (jointly <strong>“Feedback”</strong>), such Feedback is given voluntarily.
Even if You designate such Feedback as confidential, the Feedback will not be confidential unless expressly otherwise agreed in writing by Sketch B.V., and Sketch B.V.
will be free to use, disclose, reproduce, license, or otherwise distribute or exploit the Feedback at its sole discretion without any obligations or restrictions of any kind, including without limitation, intellectual property rights or licensing obligations.</li>
<li>Sketch B.V.
does not monitor the Content uploaded and shared using the Sketch Platform.
If You believe or become aware that (a) Your copyright-protected work is made available through the Sketch Platform without authorization, or (b) other clearly unlawful Content is made available through the Sketch Platform, You may notify Sketch B.V.
by email at <strong>mail@sketch.com</strong>.
Upon receipt of a notification, Sketch B.V.
will decide at its sole discretion whether it will remove the relevant Content, taking into account the evidence provided in the notification.
You acknowledge that misuse of this process may result in the suspension of Your account or other legal consequences.</li>
</ol> Support and Updates <ol>
<li>Sketch B.V.
may Update or otherwise modify the Sketch Platform at its sole discretion without prior notification.
Sketch B.V.
shall not be obligated to provide You with any such Updates.
If Updates are made available to You by Sketch B.V., the terms and conditions of the Agreement will govern Your use of and access to such Updates.</li>
<li>Sketch B.V.
will use its best endeavours to notify You of any available Updates.</li>
<li>You can download available Updates of Sketch Platform from www.sketch.com, or, in the case of Sketch Mirror, on the Apple App Store.</li>
<li>Any maintenance and support provided by Sketch B.V., including the provision of Updates, will be provided in a reasonable way on an “as is” basis without any warranty expressed or implied, as soon as reasonably practicable, and subject to availability of staff.</li>
<li>Sketch B.V.
is not obliged to provide any maintenance, technical or other support for the Sketch Platform, including the Updates.</li>
</ol> Restrictions and Conditions <ol>
<li>As of the Effective Date, Sketch B.V.
hereby grants You the right to access and use Sketch Cloud, provided that You shall at all times comply with the Agreement and shall not use Sketch Cloud in violation of applicable laws or regulations.
<br>
<br>
By way of mere example You shall not: <ol>
<li>use Sketch Cloud for unlawful purposes or the promotion of illegal activities;</li>
<li>use Sketch Cloud in a way that could be detrimental to the reputation of Sketch B.V.;</li>
<li>imply or suggest that the Content is created or endorsed by Sketch B.V.
or Sketch B.V.’s licensors;</li>
<li>probe, scan, or test the vulnerability of any Sketch B.V.
system or network or breach or circumvent any security or authentication measures, including measures that prevent or restrict use or copying of the Content or enforce limitations on the use of Sketch Cloud or the content accessible via Sketch Cloud;</li>
<li>decompile, decrypt, dissemble, modify, copy, reformat, create derivative works of, or reverse engineer the Sketch Cloud, except as expressly permitted in the Agreement;</li>
<li>exploit Sketch Cloud commercially by for example (a) the sale of access to Sketch Cloud, (b) the sale of advertising or promotions placed on or within the Content or Sketch Cloud or (c) the sale of advertising or promotions on any webpage containing the Content delivered via Sketch Cloud;</li>
<li>disclose Confidential Information unless if this is required by law or authoritative order;</li>
<li>impersonate or misrepresent Sketch B.V.
or any third party when You make available the Content;</li>
<li>interfere with or disrupt Sketch B.V.’s services, servers or network in any way.</li>
</ol>
</li>
<li>You acknowledge that You may be exposed to Content of third parties that are factually inaccurate, offensive, indecent, or otherwise objectionable to You.
You agree to waive any legal rights or remedies You have or may have against Sketch B.V.
with respect to any such third party Content.</li>
</ol> Sketch Account and storage <ol>
<li>Before accessing Sketch Cloud, You must sign-up with Your name and email to create a Sketch Account and agree to these Terms.
By signing-up, You warrant that the sign-up details used by You are accurate and up-to-date.</li>
<li>You are responsible for safeguarding Your password for the Sketch Account and for any activities and actions taking place under Your password.
You are prohibited to share Your password with any third party.</li>
<li>You shall notify Sketch B.V.
immediately of any breach of security or unauthorized use of the Sketch Account that You become aware of.</li>
<li>All activities that occur under the Sketch Account are Your sole responsibility.</li>
<li>If You have accepted the terms and conditions in the Agreement on behalf of a company or other legal entity, You are prohibited to use the Sketch Account after You have ceased working for such company or other legal entity.</li>
<li>Sketch B.V.
reserves the right to delete Your data and Content at its own choice: <ol>
<li>Within 90 days from the day that the Agreement is terminated pursuant to clause 14, or</li>
<li>Within 90 days from the last day that You accessed Your stored data and/or Content, in connection to data and Content created in the Mac app that is resident in Sketch Cloud, and that has not, as yet, been added to a Teams Workspace, or</li>
<li>If You exceed 5 GB of storage for each or any Contributor in Your Workspace on Sketch Cloud.</li>
</ol>
</li>
<li>Sketch B.V.
will notify you via email before it deletes your data and/or content pursuant to clause 10.6 (c).
Sketch B.V.
shall use its best endeavours to notify you via email before it deletes your data and/or Content pursuant to clause 14.</li>
<li>Sketch B.V.
shall not perpetually retain all versions of Content stored by You.
Sketch B.V.
may periodically delete stored Content versions but shall keep the most recently stored version of Content.
Sketch B.V.
reserves the right to delete a Content version after 90 days from the day that the Content version was stored by You or more frequently, if there are many Content versions and at Sketch B.V.’s sole discretion.</li>
</ol> Warranty Disclaimer <ol>
<li>You acknowledge that the Sketch Platform is provided to You on an “as is” and “as available” basis, without warranty of any kind, express or implied, including, but not limited to, fitness for a particular purpose, availability, security, title, non-infringement or backward compatibility.
No oral or written advice given by Sketch B.V., its dealers, distributors, agents, employees or subcontractors shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.</li>
<li>You use the Sketch Platform at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You only.
Sketch does not warrant: (i) that the Sketch Platform will meet your specific requirements, (ii) that the Sketch Platform will be uninterrupted, timely, secure or error free, (iii) that the results that may be obtained from the use of the Sketch Platform will meet your expectations.
Sketch specifically disclaims any implied warranties of marchantability, fitness for particular purpose, title and non-infringement.</li>
</ol> Limitation of Liability <ol>
<li>To the maximum extent permitted by applicable law, the total aggregate liability of Sketch B.V., its Affiliates, personnel, subcontractors, agents or any third party that has been involved in the creation, production, or delivery of the Sketch Platform for all damages arising out of or in any way relating to the Sketch Platform, including Sketch Cloud and its trials, the Mac app, the Trial version and Full version, the License Key, and/or Agreement by You shall in no event exceed the total amount(s) paid to Sketch in the preceding 12 months.</li>
<li>Without prejudice to the foregoing.
In no event shall Sketch B.V., its Affiliates, personnel, subcontractors, agents or any third party that has been involved in the creation, production, or delivery of the Sketch Platform, including Sketch Cloud and its trials, the Mac app, including the Trial version and Full version, and the License Key, and/or Agreement by You be liable for indirect, incidential, special and/or consequential damages or purely financial loss such as missed business opportunities, lost sales, volume, revenue and profit, and data loss in connection with or arising out of the Agreement.
In addition, Sketch B.V., its Affiliates, personnel, subcontractors or agents shall not be liable for any loss or damage which may be incurred by You as a result of: <ol>
<li>any changes which Sketch B.V.
may make to the Sketch Platform, or any permanent or temporary (partial) termination in the provision of the Sketch Platform;</li>
<li>the deletion of, corruption of, public release of, or failure to store the Content, or any other data provided by You in connection with Sketch Cloud;</li>
<li>any delay, error or failure of Sketch B.V.
in connection with Your sharing of the Content via Sketch Cloud;</li>
<li>Your failure to provide Sketch B.V.
with accurate information during the registration process;</li>
<li>Your failure to keep the password for Your Sketch Account secure and confidential.
or</li>
<li>Any other act or omission by You that violates the terms, conditions or requirements of the Agreement and/or the applicable law.</li>
</ol>
</li>
<li>The limitations of liability referred to in clause 12.1 and 12.2 shall not apply in the event that: (i) any negligence on the part of Sketch B.V.
leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of Sketch B.V.
or the management of Sketch B.V.</li>
</ol> Indemnification <ol>
<li>You shall indemnify Sketch B.V., its Affiliates, personnel, subcontractors and agents from and against any and all losses, damages, liabilities, claims, demands, suits, expenses and any other out-of-pocket costs (including all reasonable attorney’s fees and expenses) which Sketch B.V., its Affiliates, personnel, subcontractors or agents may incur or be liable for arising out of or in connection with, directly or indirectly, including: <ol>
<li>breach of the Agreement and/or the use of the Sketch Platform, including Sketch Cloud and its trials.
the Mac app, including the Trial version and Full version.
and the License Key, and/or Agreement by You.
and/or</li>
<li>any other act or omission by You, including but not limited to any product liability claims, even if such a claim alleges that Sketch B.V.
was negligent regarding the design or manufacture of the Sketch Platform.</li>
</ol>
</li>
</ol> Suspension, Termination and Consequences of Termination <ol>
<li>The Agreement shall terminate: <ol>
<li>Automatically at the end of the applicable license term unless renewed prior to the end of the applicable license term.
Any rights obtained in the context of Sketch for Teams will terminate automatically when you are no longer a(n) Admin, Contributor or Viewer.</li>
<li>If You terminate the Agreement at Your convenience immediately or at a later date specifically indicated by You.
Your termination shall not affect any of Your existing payment obligations.
For avoidance of doubt, You aknowledge and accept that: <ul>
<li>For annual billing, Sketch offers You a full refund within 30 (thirty) days of your purchase;</li>
<li>For monthly billing, Sketch does not offer refunds, but You can cancel at any time and You will not be billed again.</li>
</ul>
</li>
<li>If Sketch B.V.
discontinues Your use of the Sketch Platform or terminates the Agreement for convenience upon reasonable prior written notice (including email) to You.</li>
</ol>
</li>
<li>Sketch B.V.
is entitled to terminate any subscriptions for the Sketch Platform, including trials, Full versions and Trial versions, during the license term with immediate effect and without prior notice in the event You fail to comply with the Agreement or applicable laws and regulations, in the event You fail to pay Your fee for the applicable payment term, or in the event Sketch B.V.
is required to do so by law or an order of an applicable court or other authoritative body.</li>
<li>Sketch B.V.
may suspend Your access to and Your use of the Sketch Platform, and terminate this Agreement immediately in writing (including email or text message), without prior written notice (i) if You fail to comply with any term(s) and conditions of the Agreement, (ii) on becoming aware of any potential violation of the Agreement.</li>
<li>Any terms and conditions of the Agreement that by their nature should survive termination shall survive termination, including but not limited to payment obligations stemming from entering into this Agreement (as described in clause 2.2) and license and intellectual property rights (as described in clause 3).</li>
<li>You and Sketch B.V.
waive their rights to rescind or annul the Agreement.
Articles 3:44, 6:228 and 6:265 of the Dutch Civil Code are excluded.</li>
<li>On the effective date of termination of your right to use the Sketch Platform: <ol>
<li>You shall cease use of the Sketch Platform, unless clause 14.6(d) applies;</li>
<li>Your right to access and use the Sketch Platform shall terminate;</li>
<li>any other rights granted to You under the Agreement shall immediately be relinquished by You;</li>
<li>if You have a single license for the Mac app as a stand-alone product, You shall retain your right to Use the Mac app on your device, but will no longer receive Updates;</li>
<li>unless agreed otherwise in writing with Sketch B.V., Sketch B.V.
will deactivate and delete Your Sketch Account(s) and data.
and</li>
<li>excluding the license described in (d), You shall promptly return to Sketch B.V.
all Sketch Platform and Sketch’s Confidential Information in Your or any of Your employees’, agents’, subcontractors’ or (external) advisors’ possession, without withholding any copies.</li>
</ol>
</li>
</ol> Data protection <ol>
<li>These Terms incorporate the Sketch Data Processing Addendum (“DPA”), when the GDPR applies to Your use of the Sketch Platform and as relates to our processing of Controller Personal Data (as defined in the DPA).
The DPA is effective as of 18 November 2020 and replaces and supersedes any previously agreed data processing addendum between You and Sketch B.V.</li>
<li>By using our services and accessing the Sketch Platform, you consent to our collection, use and disclosure of Your personal information as also set forth in our Privacy Statement, as updated from time to time.</li>
</ol> Miscellaneous <ol>
<li>You may not issue any press releases or make any other public statements regarding the Agreement, the Sketch Platform or the relationship between You and Sketch B.V., without Sketch B.V.’s express prior written consent, which may be withheld at Sketch B.V.’s sole discretion.</li>
<li>You may not assign or subcontract any of Your rights or obligations under the Agreement to any third party without Sketch B.V.’s prior written consent.
Sketch B.V.
may assign or subcontract any of its rights or obligations under the Agreement at its sole discretion.
Only You and Sketch B.V.
and Your and Sketch B.V.’s permitted assignees or successors may enforce the terms and conditions of the Agreement, except as expressly provided in the Agreement.
To the extent that any third party stipulation is contained the Agreement, article 6:254 of the Dutch Civil Code is excluded.</li>
<li>A failure by Sketch B.V.
to give notice to You of any breach or non-fulfilment of any provision, term or clause of the Agreement shall not constitute a waiver thereof, nor shall the waiver of any breach or non-fulfilment of any provision, term or clause hereof constitute a waiver of any other provision, term or clause thereof.</li>
</ol> Governing Law and Disputes <ol>
<li>To the extent permitted by applicable law, the Agreement shall be governed by and construed in accordance with the laws of the Netherlands, excluding its conflicts of law rules.</li>
<li>To the extent permitted by applicable law, any dispute between Sketch B.V.
and You shall exclusively be submitted to the competent court in The Hague, the Netherlands.</li>
</ol> B.
Specific Provisions: The Mac App <p>
<strong>These (B) Specific Provisions (clauses 18-20) apply to Your Use of the Mac app, in addition to the (A) General Provisions above.</strong>
</p> Definitions <ol>
<li>In addition to the definitions in Clause 1, the expressions in these Specific Provisions shall have the meaning assigned to them in this clause, unless the context requires otherwise:</li>
</ol>
<ul>
<li>
<strong>“Activate”</strong> — turning the Trial version into the Full version of the same application with a License Key provided by Sketch B.V.;</li>
<li>
<strong>“Full version”</strong> — the license for the Mac app 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 Mac app;</li>
<li>
<strong>“Open Source Software”</strong> — 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;</li>
<li>
<strong>”Trial version”</strong> — the license for the Mac app for the term of 30 days to Use the Mac app for the sole purpose of testing and evaluating the Mac app;</li>
<li>
<strong>”Use”</strong> — the access, download, install, copy or get benefit from using the Mac app in accordance with the documentation;</li>
</ul> Permitted use and restrictions <ol>
<li>In order to be able to install the Mac app and receive Updates, 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://www.sketch.com/updates/.</li>
<li>You may Use the Mac app 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 Mac app on shall not exceed the number of the Full version(s) or Trial version(s) purchased.
If You exceed the limit, Sketch B.V.
may block the License Key.</li>
<li>You shall Use the Sketch Platform, including the Full version or Trial version in accordance with applicable laws and shall not: <ol>
<li>Use the Trial version on any system where the Trial version was previously Used and expired;</li>
<li>rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit Your rights to use the Sketch Platform, the License Key, the Full version or the Trial version;</li>
<li>assign Your rights to use the Sketch Platform, the License Key, the Full version or the Trial version without prior written approval of Sketch B.V.;</li>
<li>Use the Sketch Platform, including the Full version and Trial version for any unlawful, illegal or suspicious activity, or to facilitate an unlawful, illegal or suspicious activity;</li>
<li>delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Sketch Platform;</li>
<li>copy (except as otherwise provided in the Agreement), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Sketch Platform and the License Key or any parts thereof, except to the extent explicitly permitted by applicable law.
or</li>
<li>Use the Sketch Platform, Full version or Trial version in conjunction with any Content that infringes on intellectual property rights, including copyrights, of third parties.</li>
</ol>
</li>
<li>Certain components of the Sketch Platform 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://www.sketch.com/acknowledgements/.</li>
</ol> Updates <ol>
<li>You will be entitled to receive Updates to the Mac App free of charge: <ol>
<li>during a period of twelve (12) months upon purchasing the License Key for the Full version.
In order to receive Updates after this twelve month period, You will need to renew your License Key for the Full version, or</li>
<li>during the period that You qualify as a Contributor.</li>
</ol>
</li>
<li>You may need to pay an additional fee in order to be able to download an Update.</li>
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