1. Preamble & Definitions

This End User License Agreement(from now on refered to as "EULA") is a legal agreement between you, (from now on refered to as "licensee"), and the creator of the software, Anna-Carina Schrom (from now on referenced to as "licensor"), about the licensing terms of the software "SkySketch" (from now on referenced to as "software").

2. General

2.1 In order to use the software, the licensee has to accept the EULA.

2.2 The software is copyrighted by the licensor. Some libraries integrated in the software have separate copyright holders, as listed in "3rd party notices" below.

2.3 The licensee is not entitled to alter, process, decrypt, decompile or otherwise reverse-engeneer the software in any way.

2.4 The licensee is not allowed to redistribute the software in any way, including but not limited to selling, leasing, lending or otherwise sublicensing it. This also applies to all resource materials such as the brushes that come with the software.

2.5. The licensee is not allowed to make any deriative works of the software, including but not limited to modifications, adaptions, improvements, enhancements and translations.

2.5 The licensee is not allowed to use the software for anything that would breach any kind of local, national or international law.

2.6 The licensee shall make regular backups of their data, especially their images created with the software, as well as their settings and material library files.

2.7 An inclusion of any additional terms and conditions from the licensee is hereby declined unless explictly agreed upon.

3. Version specific clauses

Depending on which version (Demo, Standard, Commercial) of the software the licensee is using, a different set of terms apply:

Until the licensee has activated a purchased license key in the software, the licensee is using the demo version. For the demo version, the terms in 3.1 apply, and the terms in 3.2 and 3.3 do not apply.

Once the licensee has activated a purchased license key for the standard version in the software, the licensee is using the standard version. For the standard version, the terms in 3.2 apply, and the terms in 3.1 and 3.3 do not apply.

Once the licensee has activated a purchased license key for the commercial version in the software, the licensee is using the commercial version. For the commercial version, the terms in 3.3 apply, and the terms in 3.2 and 3.1 do not apply.

The features of the standard and the commercial versions are identical, but only the commercial version is allowed to be used commercially.

3.1 Demo Version - "SkySketch Demo"

3.1.1 The demo version is free and it is purely for evaluation. All saving functionality is disabled in the demo version.
The licensor grants the licensee a world-wide, non-transferable and non-exclusive right to use the software on one system.

3.1.2 The demo version may be made to only work until a set date, or for a certain amount of days. This is solely to keep users from testing with severely outdated versions of the software. Users are free to keep downloading new versions, which will enable them to keep testing the software.

3.1.3 The software is provided as is, without any kind of warranty. There is no liability for any kind of claim or damages in or out of connection with the software. The software may not be used for any commercial purposes.

3.2 Standard Version - "SkySketch"

3.2.1 The licensor grants the licensee a world-wide, non-transferable and non-exclusive, permanent right to use the software on one system. The licensee is allowed to move the software to a different system as long as the user remains the same person.

3.2.2 The software may not be used for any commercial purposes. Videos primarily showing the useage of the software, such as so-called "Let's Paint"-videos, "Speedpaints", live-painting, tutorials or comparable are an exception and are allowed to be monetized even with the standard version.

3.2.3 The licensee is allowed to keep one backup copy of the software.

3.3 Commercial Version - "SkySketch Professional"

3.3.1 The licensor grants the licensee a world-wide, non-transferable and non-exclusive, permanent right to use the software on one system per license. The licensee is allowed to move the software to a different system as long as the user remains the same person.

3.3.2 The software may be used for commercial purposes.

3.3.3 The licensee is allowed to keep one backup copy of the software.

4. Privacy Policy, license purchases and activation

4.1 The only official resellers for selling legitimate keys are listed on https://www.skysketch.art .

4.2 During the process of buying license keys, the user data required for the sale transaction is securely handled by the reseller. The reseller's privacy policy and terms and conditions apply.

4.3 When purchasing a license key, the licensee must keep and backup their license key along with the exact spelling of their name that they entered when purchasing, and the date of purchase.

4.4 The licensee's name has to be entered in the exact same way that it was entered when buying the key during license key activation. The date of purchase also has to be entered. This data is saved locally on the user's machine in an encrypted state and is not uploaded to any servers by the software.

4.5 On start, and if manually asked to do so, the software will check the SkySketch server to learn what the latest version of the software is, so it can notify the user if an update is available. This feature can be turned off in the settings.

5. Validity

5.1 With newer versions of the software, there may be changes to the EULA. In such cases the newer EULA will override any previous EULAs and replaces all prior commitments and warranties.

5.2 If any part(s) of this EULA is declared invalid or otherwise not enforceable, this will not affect the rest of the contract, which will remain valid. In the event that any parts are declared invalid or otherwise not enforceable, the affected parts will be replaced by a new agreement that represents the original intentions as close as possible while staying valid.

5.3 This agreement falls under German law. Germany is the sole place of jurisdiction for this EULA, and for all matters related to it.

5. Infringement

5.1 In the event of a claim about infringement from a third party, the licensee is protected by the rights defined in the sales contract, as long as the licensee acts according to the following clauses (5.2, 5.3, 5.4 and 5.5):
5.2 In such an event, or if the licensee becomes aware of the potential of such an event, the licensee must notify the licensor immediately.
5.3 In relation to such an event, or the potential thereof, the licensee must provide any assistance deemed reasonable as requested by the licensor.
5.4 All conduct of disputes, settlements, negotiations or proceedings in relation to such an event, in or out of court, is to be handled exclusively by the licensor and the licensee makes no agreements or admittance of liability to third parties unless previously agreed with the licensor.

6. Termination

6.1 The EULA is in effect until termination. The licensee can terminate the agreement by completely removing the software, any parts of and copys of the software in the licensee's possession entirely.

6.2 The licensee's rights of useage are terminated if the licensee voids the useage rights that were agreed to in this contract with intent, for example (but not limited to) using the non-commercial version for commercial purposes, or kind of reverse enegeneering as stated in 2.3.

The following third party libraries were integrated in the software. The copyright for these components remains with their creators under their individual licenses as listed below, and are part of this EULA.

7.1 Third party libraries under the MIT license:

The following is the MIT License. The code libraries listed below it are released under the MIT license, and integrated into the software.

The MIT License (MIT)

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

The software is using the following code libraries that were released under the MIT License:

- UnityWindowsFileDrag-Drop, Copyright (c) 2018 Markus Göbel (Bunny83)
- unity-ui-extensions, Copyright (c) 2015 https://bitbucket.org/UnityUIExtensions/unity-ui-extensions/
- Klak, by Keijiro Takahashi
- Cecil, Copyright (c) 2008 - 2015 Jb Evain, Copyright (c) 2008 - 2011 Novell, Inc.

7.3 Additional assets

- BaiJamJuree, https://github.com/cadsondemak/Bai-Jamjuree , under the SIL OPEN FONT LICENSE 1.1

Copyright 2018 Bai Jamjuree (https://github.com/cadsondemak/Bai-Jamjuree)

This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license is copied below, and is also available with a FAQ at:
http://scripts.sil.org/OFL

-----------------------------------------------------------
SIL OPEN FONT LICENSE Version 1.1 - 26 February 2007
-----------------------------------------------------------

PREAMBLE
The goals of the Open Font License (OFL) are to stimulate worldwide
development of collaborative font projects, to support the font creation
efforts of academic and linguistic communities, and to provide a free and
open framework in which fonts may be shared and improved in partnership
with others.

The OFL allows the licensed fonts to be used, studied, modified and
redistributed freely as long as they are not sold by themselves. The
fonts, including any derivative works, can be bundled, embedded,
redistributed and/or sold with any software provided that any reserved
names are not used by derivative works. The fonts and derivatives,
however, cannot be released under any other type of license. The
requirement for fonts to remain under this license does not apply
to any document created using the fonts or their derivatives.

DEFINITIONS
"Font Software" refers to the set of files released by the Copyright
Holder(s) under this license and clearly marked as such. This may
include source files, build scripts and documentation.

"Reserved Font Name" refers to any names specified as such after the
copyright statement(s).

"Original Version" refers to the collection of Font Software components as
distributed by the Copyright Holder(s).

"Modified Version" refers to any derivative made by adding to, deleting,
or substituting -- in part or in whole -- any of the components of the
Original Version, by changing formats or by porting the Font Software to a
new environment.

"Author" refers to any designer, engineer, programmer, technical
writer or other person who contributed to the Font Software.

PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining
a copy of the Font Software, to use, study, copy, merge, embed, modify,
redistribute, and sell modified and unmodified copies of the Font
Software, subject to the following conditions:

1) Neither the Font Software nor any of its individual components,
in Original or Modified Versions, may be sold by itself.

2) Original or Modified Versions of the Font Software may be bundled,
redistributed and/or sold with any software, provided that each copy
contains the above copyright notice and this license. These can be
included either as stand-alone text files, human-readable headers or
in the appropriate machine-readable metadata fields within text or
binary files as long as those fields can be easily viewed by the user.

3) No Modified Version of the Font Software may use the Reserved Font
Name(s) unless explicit written permission is granted by the corresponding
Copyright Holder. This restriction only applies to the primary font name as
presented to the users.

4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font
Software shall not be used to promote, endorse or advertise any
Modified Version, except to acknowledge the contribution(s) of the
Copyright Holder(s) and the Author(s) or with their explicit written
permission.

5) The Font Software, modified or unmodified, in part or in whole,
must be distributed entirely under this license, and must not be
distributed under any other license. The requirement for fonts to
remain under this license does not apply to any document created
using the Font Software.

TERMINATION
This license becomes null and void if any of the above conditions are
not met.

DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE
COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM
OTHER DEALINGS IN THE FONT SOFTWARE.


Please note that the Licenses from clause 7. on are only for the individual components as stated above.