PLANT25 - END USER LICENCE AGREEMENT (EULA)

Last updated: July 2025

 

This End User Licence Agreement (“Agreement”) is a legal agreement between Blue Gerbera Horticulture Ltd, a company registered in England and Wales with its registered office at 7 The Street, White Notley, Essex, CM8 1RQ, United Kingdom (“Licensor”), and you, the end user of the PLANT25 software (“Licensee”).

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By downloading, installing, accessing, or using the PLANT25 software (“PLANT25”, “the Software”, or “the Service”), the Licensee agrees to be bound by the terms of this Agreement. If the Licensee does not agree to these terms, they must not use the Software.

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PLANT25 is a desktop software extension designed for use with SketchUp Pro. It provides tools for horticultural professionals to support planning, design, and plant management workflows within the SketchUp environment. Use of PLANT25 requires a valid SketchUp Pro licence and installation of the SketchUp software. The Software includes features such as PLANTPlace, PLANTPath, PLANTArray, PLANTCreate, PLANTCollection, and PLANTReport, as well as the ability to create, edit, and manage a library of plant symbols.

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The Software is made available through a third-party distribution and licensing platform (e.g., the SketchUp Extension Warehouse), which manages downloads, payments, licensing, and invoicing on behalf of the Licensor. By purchasing or downloading PLANT25 through such a platform, the Licensee also agrees to comply with that platform’s terms and conditions.

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This Agreement applies globally. The use of PLANT25 from any location constitutes acceptance of these terms. Use of the Software is also subject to the Licensor's Privacy Policy, which explains how personal information is collected, stored, and used.

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This Agreement governs use of the Software only. Any separate Terms of Service governing use of the Licensor's website or other services (such as online courses) apply independently and do not modify this Agreement. In the event of conflict, this EULA shall prevail with respect to the Software.

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The Licensor reserves the right to update or modify this Agreement at any time. If changes are made, the “Last updated” date above will be revised accordingly. Continued use of the Software following any changes constitutes the Licensee’s acceptance of the updated terms.

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1. Licence Grant

Subject to compliance with this Agreement and full payment of applicable fees, the Licensor grants the Licensee a limited, non-exclusive, non-transferable, revocable licence to install and use the Software in accordance with the terms of the license obtained through the third-party distribution platform (e.g., SketchUp Extension Warehouse). Typically, such licenses are granted on a per-user basis, allowing installation and use on multiple computers where the Licensee is signed in with their authorized account (e.g., Trimble ID) associated with the valid license, solely for the Licensee's internal business or personal use. This licence may not be shared among multiple distinct users or accounts.

The Licensee may use the Software for commercial purposes, including in connection with delivering services to clients, provided such use remains within the scope of this licence and does not involve redistribution or resale of the Software itself.

All rights not expressly granted to the Licensee in this Agreement are reserved by the Licensor.

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2. Licence Restrictions

The Licensee must not, under any circumstances:
Share, sublicense, rent, lease, lend, sell, distribute, or otherwise make the Software (or access credentials/licenses) available to any third party or for use under a different user account not licensed to use the Software;
Copy or reproduce the Software in any form, except for a single backup copy for archival purposes if permitted by the distribution platform;
Modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to access or derive the source code of the Software (except to the extent that such activities are expressly permitted by applicable law notwithstanding this limitation);
Use the Software to develop, support, or distribute a product or service that competes directly or indirectly with PLANT25;
Bypass, disable, or interfere with any licensing or technical protection mechanisms embedded in the Software or provided by the distribution platform;
Use the Software in connection with any high-risk activity where its failure could lead to death or personal injury (e.g. emergency response, life support).
This licence does not grant the Licensee any rights to use the PLANT25 name, logo, or other trademarks, nor does it convey any ownership of the Software or its underlying intellectual property.

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3. Licence Activation

Use of the Software requires activation, typically managed through the third-party distribution platform (e.g., SketchUp Extension Warehouse via a Trimble ID). The Licensee agrees to follow the activation instructions provided by the platform and understands that access to the Software may be restricted without successful activation and validation of a valid license. The Licensor, directly or via the distribution platform, reserves the right to enforce licence limits and deactivate or suspend access where the terms of this Agreement or the platform's terms are violated.

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4. Updates and Upgrades

The Software may be periodically updated to improve functionality, fix bugs, or introduce new features. Updates may be made available through the third-party distribution platform (e.g., SketchUp Extension Warehouse), which may notify the Licensee of available updates. It is the Licensee's responsibility to install available updates to ensure optimal performance, compatibility, or access to support.

All updates, improvements, and major new versions or feature enhancements released during the Licensee’s active subscription term are included and will be made available as part of the service. Access to the Software and its updates requires a current, active subscription.

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5. Intellectual Property Rights

The Software, including but not limited to its source code, compiled code, user interface, design, features, content, documentation, branding, and all associated materials, is the intellectual property of the Licensor. It is protected by copyright laws, trademark laws, international treaties, and other applicable intellectual property rights.

This Agreement does not transfer to the Licensee any ownership interest in the Software or its related intellectual property. All rights, title, and interest in and to the Software remain exclusively with the Licensor.
The Software may include or make use of third-party libraries, assets, or components that are subject to separate open-source or third-party licences. Where applicable, a list of such components and their associated licence terms will be made available. The Licensee agrees to comply with any such third-party terms in addition to the terms of this Agreement.

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6. Acceptable Use

The Licensee agrees to use the Software only in accordance with applicable laws, regulations, and this Agreement. Misuse of the Software is strictly prohibited and includes but is not limited to:
Using the Software in any unlawful manner or for any unlawful purpose;
Attempting to bypass, disable, or interfere with any security, licensing, or usage-tracking mechanisms;
Permitting any third party to access or use the Software, except as explicitly permitted under this Agreement;
Using the Software in a way that could damage, disable, overburden, or impair any part of the Software or its supporting systems;
Attempting to gain unauthorised access to any part of the Software or any systems or networks connected to it;

Uploading or transmitting any malicious code, viruses, or harmful content in connection with the Software;
Using the Software to create or assist in the creation of a competing product or service;
Using the Software in connection with any high-risk activity where its failure could lead to death or personal injury.

Any breach of this section may result in immediate suspension or termination of the licence and legal action.

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7. Termination

This Agreement is effective from the date the Licensee first installs or uses the Software and continues until terminated.
The Licensee may terminate this Agreement at any time by uninstalling the Software and ceasing all use. All purchases are final. Refunds, if any, are processed according to the refund policy of the third-party distribution platform (e.g., SketchUp Extension Warehouse) through which the Software was acquired, and are subject to that platform's terms and conditions, except where otherwise required by applicable law.
The Licensor may terminate this Agreement immediately, without notice, if the Licensee breaches any of its terms. Upon termination, the Licensee must uninstall and delete all copies of the Software in their possession or control. Access to updates and support will cease.

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8. Limitation of Liability

To the fullest extent permitted by law, the Licensor shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising out of or in connection with the use of the Software.
The Licensor’s total liability for any claim shall not exceed the total amount paid for the Software in the twelve (12) months preceding the event giving rise to the claim.
The Software is provided “as is” and “as available” without warranties of any kind. The Licensor does not warrant that the Software will meet specific requirements, operate without interruption, or be error-free.
The Licensee acknowledges that PLANT25 operates as an extension to Trimble’s SketchUp platform, which is developed by a third party. The Licensor is not affiliated with Trimble Inc. and is not responsible for any issues arising from SketchUp or related services.
Nothing in this Agreement excludes liability that cannot be excluded by law. Consumer rights remain unaffected.

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9. Dispute Resolution

If the Licensee has any concerns or disputes regarding the Software, they agree to first contact the Licensor at enquiries@sketchupforgardendesign.com to attempt an informal resolution. If no resolution is reached within thirty (30) days, either party may seek legal remedy.

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10. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of England and Wales. The parties agree that the courts of England and Wales shall have exclusive jurisdiction over any disputes.

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11. Feedback

The Licensee grants the Licensor a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, and incorporate into the Software any feedback, suggestions, or ideas submitted, without obligation or compensation.

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12. Export Compliance

The Licensee agrees to comply with all applicable export laws and regulations. The Software may not be used, exported, or re-exported in violation of any applicable laws.

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13. Data Use and Privacy

Use of the Software is subject to the Licensor’s Privacy Policy. Personal data is collected only where necessary and processed in accordance with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR).
The Licensor does not sell, rent, or monetise user data. Data is used solely to provide the Software, maintain licensing, and improve services.

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14. Force Majeure

The Licensor shall not be liable for failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, war, terrorism, civil unrest, government actions, power outages, internet disruptions, or pandemics.

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15. Miscellaneous

Entire Agreement: This Agreement constitutes the entire agreement between the parties relating to the Software.
Severability: If any provision is held to be invalid or unenforceable, the remainder shall remain in full force.
No Waiver: Failure to enforce any provision shall not be deemed a waiver.
No Third-Party Beneficiaries: This Agreement does not create rights for any third party.

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16. Contact Information

For support or enquiries, please contact:
enquiries@sketchupforgardendesign.com
www.sketchupforgardendesign.com/plant25/plant25help