EULA

Last updated 2017-04-02
BY EITHER REMOVING THE SHRINK WRAP AND/OR JEWEL CASE SEAL OR DOWNLOADING, INSTALLING, OR OTHERWISE USING THIS application, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:

Introduction
This end-user license agreement (“EULA”) is a legal agreement between you (hereinafter referred to as “you”, or “End User”) and Sketchbox, Inc. (“Sketchbox”) for the software product which this EULA is accompanying, all related software (such as editors) and all in-application content, any updates or additional content (such as patches, downloadable content (“DLC”) and expansions), manuals, and other materials in any media related to the software, including the unique alfa-numeric code for downloading the software product which may be provided to you with the software product or delivered to you electronically (all jointly, the “application”). If you do not agree to the terms of this EULA, and the terms of the Privacy Policy (www.sketxhboxvr.com/privacy) do not install or use the application, instead contact your retailer regarding its return policy.

This application is licensed, not sold, to you for use only under the terms and conditions of this EULA. All rights not expressly granted herein are reserved by Sketchbox.

You agree that your use of the application acknowledges that you have read this EULA, understand it, and agree to be bound by its terms and conditions, including the provisions in Section 5 on collection of information, and that you represent and warrant that you are an adult and are either accepting this EULA on behalf of yourself or on behalf of your child or ward, as the case may be. If you have not attained the age of majority, you must obtain the necessary permission in the form required by law from your parents or other legal representatives.

Use of this application may require you to create a Sketchbox Account (www.sketchboxvr.com) in order to use it. If so, you will be prompted to create an account when starting or using the application.

Use of this application may require you to download and use a separate third party platform (such as Steam or GOG Galaxy) under the terms and conditions applicable by the third party platform holder. Such terms and conditions may or may not restrict any of the rights granted to you in relation to the application under this EULA.

1. Grant of License.
THIS application IS LICENSED TO YOU, NOT SOLD. Ownership to the application and all intellectual property rights in and to it remains at all times the property of Sketchbox and, as applicable, its licensors.Subject to your compliance with the terms and conditions of the Agreement, Sketchbox hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use (and to let members of your family or household to use) the application on your personal computer, strictly for non-commercial purposes only. You may install the application on different computers, but may only run the application on one computer at a time.

2. Permitted use
In addition to installing and useing the application on your personal computer, you may also, under the terms of this EULA:
i) Create and make publicly available so called “Gameplay Videos” containing the images and sounds of the application through the social media channels such as Twitch.tv and Youtube.com, whether monetized or not. Soundtracks may only be made publicly available in the context of a Gameplay Video. The extent of this permission is subject to change from time to time and may be withdrawn at Sketchbox´s sole discretion. Some soundtracks may also be exempt from this permitted use.

ii) Only for the purpose of yours and other´s personal enjoyment, you may create, distribute and make publicly available user modifications, generally known as “user mods”, to the application. You may not distribute the application together with the user mod, and may not allow other users to access any paid for application content (such as DLC or expansions) which such other end user does not have access to otherwise. Further, such user mods may not infringe any third party rights, such as intellectual property rights or any rights to privacy or publicity. It is not permitted to charge other end users or accept donations for user mods. The extent of this permission is subject to change from time to time and may be withdrawn at Sketchbox´s sole discretion.

iii) Make copies of the application as may be necessary for backup and archival purposes.

3. Prohibited use
Unless otherwise provided in this EULA, you shall not
i) Remove or alter any copyright or trade mark notices on any and all copies of the application;
ii) Copy, rent, lend, lease, sublicense or distribute the application other than as may be permitted according to applicable law
iii) Remove, disable or circumvent any security protections such as digital rights management, proprietary notices or labels contained on or within the application;
iv) Modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile or create derivative works of the application, other than may be permitted according to applicable law;
v) Use, develop, distribute or sell cheats, automation software (bots), hacks or any other unauthorized third-party software designed to modify the application;
vi) Exploit the application or any of its parts for any commercial purpose, including without limitation: (a) use at a cyber café, computer gaming center or any other location-based site and/or (b) performing in-application services in exchange for payment outside the application, e.g., power-leveling; or
vii) Otherwise use the application in a way which is not in compliance with all applicable laws.

4. User Generated Content
Some of Sketchbox´s applications allows you to create and make available to other users your own created content (“User Generated Content” or “UGC”). You hereby grant Sketchbox and its affiliates a nonexclusive, irrevocable, royalty-free, sublicensable, perpetual right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, publicly disuse and publicly perform your UGC, and derivative works of your UGC, in connection with the operation and promotion of the application.
Sketchbox is under no obligation to use, distribute or continue to distribute UGC, and you understand that Sketchbox may restrict, or remove, your UGC for any reason.

You represent and warrant that the UGC, and your grant of rights in such UGC, does not violate any applicable contract, law or regulation, and that the UGC is your original work and does not infringe any third party´s intellectual property rights or any other rights.
Sketchbox specifically disclaims any liability with regard to User Generated Content.
Anyone who believes that their original work has been reproduced as UGC through one of our applications in a way that constitutes copyright infringement may notify us by sending an email to support@Sketchboxvr.com

5. Collection of Information
Sketchbox may collect anonymized information from you when you use the application. Such information includes your SteamID, computer configuration, applicationuse behavior and progress, browser type, platform type, any data generated by the application and software usage. This anonymized information is gathered periodically to facilitate the provision of software updates, product support and other services related to the application.Sketchbox may use any collected information to improve its products, administer the application, analyze trends, or to provide services to you. In addition, Sketchbox may use this anonymized information for the purpose of research, development, administration, support and marketing of Sketchbox products and services.

6. Support Services
From time to time, at Sketchbox’s sole discretion, Sketchbox may provide you with technical support and community management services related to the application (“Support Services”). Sketchbox reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. You can contact Sketchbox for Support Services at support@sketchbox.com.

7. Patches, Updates and Changes
You acknowledge and accept that from time to time, Sketchbox may patch or update the application for the purpose of resolving software bugs or other issues, rebalancing the application or adding and/or removing features in the application.

8. Termination
This License is effective until terminated.
You may terminate it at any time by destroying the application with all copies, full or partial, and removing all of its component parts.
Without prejudice to any other rights, Sketchbox may terminate this EULA if you fail to comply with the terms and conditions of this EULA. You shall then cease all use of the application and destroy all copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the application which have been downloaded to your unit.

9. Limited Warranty
This limited warranty is in addition to, and does not affect, those of your statutory rights which cannot be excluded or limited in any way under applicable law.
Sketchbox warrants that the application will provide the features and functions generally described in the product specification on www.Sketchboxvr.com at the time of your purchase and in the product documentation.Sketchbox DOES NOT WARRANT THAT THE application OR YOUR ABILITY TO USE IT WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Sketchbox, its affiliates or licensees, be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the application or defect in or caused by the application, including but not limited to compromising the security of your unit on which the application is run, operating system or files, or the provision of or failure to provide Support services, even if Sketchbox has been advised of the possibility of such damages.
Nothing in this EULA limits our liability to you in the event of death or personal injury resulting from gross negligence, fraud, or knowing misrepresentation on our part.

11. Governing Law
You agree that this EULA shall be deemed to have been made and executed in Canada and any dispute arising under this EULA shall be resolved in accordance with the laws of Canada, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods.

12. Dispute Resolution
Most concerns regarding this EULA or the application (“Disputes”) can be resolved by contacting Sketchbox at support@sketchboxvr.com. Therefore, you agree to first attempt to negotiate any Dispute informally with Sketchbox for at least thirty (30) days before initiating any court proceeding. Should the Dispute not be resolved by informal negotiations, you agree, to the extent permitted by applicable law, to the exclusive personal and subject matter jurisdiction of the courts located in Stockholm, Sweden, for making and resolving any such claims, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action.

13. Update of these terms
We may amend this EULA from time to time by posting a prominent notice on our web site.. Your continued use of the application after changes are posted means you agree to be legally bound by the EULA as updated and amended.

14. Severability
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, of this EULA to be unenforceable, the remainder of this EULA shall continue in full force and effect.

15. Contact us
If you have a question regarding this EULA, or want to give us feedback about it, please contact us at support@sketchboxvr.com
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW, ESPECIALLY CONSUMER PROTECTION LAWS.