This End User Licence Agreement ("EULA") is a legal agreement between you ("you" or "Licensee") and Document Node Pty Ltd, a company registered in Western Australia, Australia ("Document Node", "we", "us", "our"), governing your use of the TermTree desktop application and its documentation (the "Software").
By installing, copying, or using the Software, you agree to this EULA. If you do not agree, do not install or use the Software.
This EULA covers the software licence. Your use of our website, account, and cloud services is governed by the Terms of Service, and the information we handle is described in our Privacy Policy.
1. Licence grant
1.1 Free
Document Node grants you a non-exclusive, non-transferable, revocable licence to install and use the Free edition of the Software, at no charge, on devices you own or control, for personal and non-commercial purposes. The Free edition is the complete local application; no features are withheld from it.
1.2 Pro
On payment of the applicable fee, Document Node grants one named individual a non-exclusive, non-transferable licence to use the Software for commercial purposes, including in employment, in business, and on client work. A subscription licence lasts while the subscription is active and includes the cloud services offered with it. A one-time local licence is perpetual for the versions released during the update period stated at purchase, and does not include cloud services.
1.3 Organisation
On payment of the applicable fees, Document Node grants your organisation a non-exclusive licence to use the Software for commercial purposes on the number of seats purchased. A seat covers one individual at a time and may be reassigned to another individual by an administrator; it may not be shared concurrently. The licence lasts while the subscription is active, or for the update period of a one-time local licence.
2. Restrictions
Except as this EULA expressly permits, or as applicable law allows despite this clause, you may not:
- Copy, modify, merge, publish, distribute, sublicense, rent, lease, or sell the Software
- Reverse engineer, decompile, or disassemble the Software, except to the extent applicable law permits regardless of this restriction, such as for interoperability
- Remove, alter, or obscure any proprietary or copyright notice in the Software
- Circumvent or interfere with licence validation, activation, seat limits, or any technical protection measure
- Use the Software to develop a competing product or service, or help a third party do so
- Use the Free edition commercially, or use more seats than you have licensed
- Transfer or assign your licence without our prior written consent, other than reassigning an Organisation seat as clause 1.3 allows
3. Ownership
The Software is licensed, not sold. Document Node retains all right, title, and interest in the Software, including all intellectual property rights in it, and this EULA gives you no ownership interest. What you create or process with the Software remains yours, as set out in our Terms of Service.
4. Third-party and open-source components
The Software includes third-party and open-source components, licensed under their own terms and acknowledged within the Software or in a bundled acknowledgements file. Your use of those components is subject to their own licences, which prevail over this EULA to the extent of any inconsistency for those components. The Software also runs programs you choose to launch in its terminals; those are not part of the Software and are licensed to you by their own suppliers.
5. Updates
We may release updates, patches, and new versions, and the Software checks for them as described in our Privacy Policy. A subscription licence includes updates while it is active. A one-time local licence includes the updates released during its stated update period, and the versions you have licensed keep working after that period ends. We may add, change, or discontinue features with reasonable notice.
A release identified as a beta or other pre-release version is licensed for evaluation only, may be incomplete or unstable, and may be withdrawn or reset at any time.
6. Term and termination
This EULA takes effect when you first install or use the Software and continues until terminated:
- A Free or one-time local licence continues indefinitely unless you breach this EULA, in which case it terminates on notice from us
- A subscription licence terminates when the subscription ends or is cancelled
- You may terminate at any time by uninstalling the Software and deleting all copies of it
On termination you must stop using the Software and delete all copies. Clauses 3, 7, 8, and 9 survive termination.
7. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT IT WILL BE COMPATIBLE WITH EVERY SHELL, TOOL, OR SYSTEM YOU USE WITH IT.
Nothing in this clause excludes or limits any right you have under consumer protection law that cannot be excluded, including the Australian Consumer Law.
8. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOCUMENT NODE PTY LTD IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, CODE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING THE RESULTS OF ANY COMMAND, SCRIPT, OR AI AGENT RUN IN IT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY UNDER THIS EULA WILL NOT EXCEED THE GREATER OF THE TOTAL AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM, OR AUD $50.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In those jurisdictions our liability is limited to the maximum extent the law permits.
9. Governing law
This EULA is governed by the laws of Western Australia, Australia, without regard to conflict-of-law rules. Disputes under it are subject to the exclusive jurisdiction of the courts of Western Australia, unless consumer protection law where you live gives you additional local rights.
Apple App Store additional terms
This section applies only to copies of TermTree obtained through the Apple App Store. It supplements the clauses above and, where inconsistent with them, prevails for App Store installs.
You and Document Node acknowledge that this EULA is concluded between you and Document Node only, and not with Apple Inc. ("Apple"). Apple is not a party to this EULA and is not responsible for the Software or its content.
The licence granted to you is limited to a non-transferable licence to use the Software on any Apple-branded product that you own or control, and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
Maintenance and support. Document Node, not Apple, is solely responsible for providing maintenance and support for the Software, to the extent required by applicable law and as described in this EULA. Apple has no obligation to furnish any maintenance or support services for the Software.
Warranty. Document Node, not Apple, is responsible for any product warranties, express or implied by law, to the extent not effectively disclaimed in this EULA. If the Software fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Software, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation for the Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Document Node's sole responsibility.
Product claims. Document Node, not Apple, is responsible for addressing any claim by you or a third party relating to the Software or your possession or use of it, including product liability claims, any claim that the Software fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy, or similar legislation.
Intellectual property. If a third party claims that the Software, or your possession and use of it, infringes that party's intellectual property rights, Document Node, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of the claim.
Legal compliance. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Third-party beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and that on your acceptance of it Apple has the right, and is deemed to have accepted the right, to enforce this EULA against you as a third-party beneficiary.
Microsoft Store additional terms
This section applies only to copies of TermTree obtained through the Microsoft Store. It supplements the clauses above and, where inconsistent with them, prevails for Microsoft Store installs.
You and Document Node acknowledge that this EULA is concluded between you and Document Node only, and not with Microsoft Corporation ("Microsoft"). Microsoft is not a party to this EULA, is not the licensor of the Software, and is not responsible for the Software or its content.
No Microsoft warranty or support. Microsoft gives no warranty for the Software and has no obligation to provide maintenance, technical support, or any other service for it. Those obligations are Document Node's alone, as set out in this EULA.
No Microsoft liability. Microsoft is not liable for any loss or damage arising from your use of, or inability to use, the Software. All liability, to the extent not excluded by applicable law, rests with Document Node as described in clause 8.
General
- Entire agreement — this EULA, together with the Terms of Service and Privacy Policy, is the entire agreement between you and Document Node about the Software, and replaces any earlier understanding about it.
- Severability — if a provision is unenforceable, it is modified to the minimum extent needed to make it enforceable, or severed, and the rest continues in force.
- No waiver — a failure to enforce a provision is not a waiver of it.
- Assignment — you may not assign this EULA except as clauses 1.3 and 2 allow. We may assign it as part of a merger, acquisition, or sale of assets, on notice to you.
- Language — this EULA is written in English. Any translation is provided for convenience only, and the English version prevails.
Contact
Questions, complaints, or claims about the Software or this EULA should be sent to:
Document Node Pty Ltd, Western Australia, Australia.