End User License Agreement

End User License Agreement

IMPORTANT: THIS IS A LICENSE, NOT A SALE

Unless otherwise provided for in this End User License Agreement (EULA), and unless you have a written agreement with Tree-Me providing for additional use, this EULA gives you permission to install and use one (1) copy of this Software (as defined below) on one (1) computer or electronic device at any given time as set out in more detail below.

IMPORTANT NOTICE: PLEASE READ THIS EULA CAREFULLY. BY DOWNLOADING, ACCESSING, INSTALLING, OR USING THE SOFTWARE AND DOCUMENTATION (collectively “SOFTWARE”), YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE SOFTWARE. THIS EULA CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES. THE PROVISIONS BELOW FORM THE ESSENTIAL BASIS OF OUR AGREEMENT. THE CURRENTLY APPLICABLE VERSION OF THIS EULA IS LOCATED AT: tree-me.com/eula.

This EULA is a legal agreement between You and Tree-Me, Australia ABN 79956300361 (“Tree-Me”, “Us”, “We”, or “Our”) regarding Your use of the Software. Unless You have another written agreement with Tree-Me regarding this Software, Your use of this Software is governed by this EULA.

IF YOU AGREE TO THIS EULA, YOU ARE GRANTED A LIMITED, PERSONAL, WORLDWIDE, NON-ASSIGNABLE, NON-SUBLICENSABLE, NON-TRANSFERABLE, AND NON-EXCLUSIVE LICENSE FOR AGREED REMUNERATION TO USE THE SOFTWARE, WHICH MAY BE LIMITED IN TIME AS SET FORTH BELOW. UNLESS HEREINAFTER AGREED OTHERWISE, YOU ARE PERMITTED TO USE ONE (1) COPY OF THE SOFTWARE FOR YOUR (A) PRIVATE, NON-COMMERCIAL PURPOSES (“PRIVATE USER”), AND/OR (B) COMMERCIAL PURPOSES IN A COMMERCIAL BUSINESS (“BUSINESS USER”). THIS SOFTWARE IS LICENSED PER ACCOUNT ON TREE-ME.COM.

LICENSE TO USE THE SOFTWARE.

You receive a usage right (license) to the Software, but you do not own the Software itself. You must first consent to the installation of the Software onto your computing device. This EULA does not allow installation of the Software on a hardware partition, blade, or terminal server, or in any other virtualization environment (collectively “Virtualization Environment”). You may not allow the Software to be accessed, operated, or viewed from, or installed or uploaded to, other computers through a network connection.

YOUR RESPONSIBILITIES WHILE USING THE SOFTWARE.

UPDATES.

As part of the Software installation process, You must first consent to the installation of the Software onto your computing device. By providing Your consent to the initial Software installation, You also consent that Tree-Me may, from time to time, download and install any and all future Software updates, bug fixes, feature enhancements, or improvements (“Updates”) automatically without Your further and separate consent. In some instances, You may have the option to decline the Update. If the Update is not installed, You may not receive full benefit of the Software or the Software may not perform properly. Tree-Me has no obligation to provide any support to the Software without the installation of such Updates. Updates are made available at Tree-Me’s sole discretion.

USER GENERATED FEEDBACK.

You have no obligation to provide Tree-Me with ideas, suggestions, documentations, and/or proposals (“Feedback”). However, if you submit Feedback to Tree-Me, while you retain ownership of such Feedback, you hereby grant Tree-Me a nonexclusive, royalty-free, perpetual, irrevocable, transferable, unlimited license under all of your Intellectual Property Rights to use and otherwise exploit your Feedback for any purpose world-wide. Further, by submitting Feedback, you represent and warrant that (i) your Feedback does not contain the confidential or proprietary information of you or of third parties; (ii) Tree-Me is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Tree-Me may have something similar to the Feedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from Tree-Me for the Feedback under any circumstances.

OUR INTELLECTUAL PROPERTY RIGHTS.

The Software is protected by Australian, United States and Canadian Intellectual Property laws, German and international intellectual property laws, and treaty provisions. Therefore, You may not distribute the Software without Our permission unless otherwise provided for in this EULA or by law. If You purchase or download the Software in China, India, Indonesia, or Vietnam, You may not copy the Software for any purpose. If You purchase or download the Software in a country not specifically prohibited under this EULA, You may (in addition to the usage copies mentioned above) only make one (1) copy of the Software or You may keep one (1) copy of the Software on a single computing device for backup or archival purposes. For backup or archival purposes only, You may either make only one (1) copy of the Software and the Printed Materials or print one copy of any user documentation if You downloaded the Software or You may keep one (1) copy the Software on a single computing device. Unless otherwise permitted by mandatory law, You may not copy the Software. You agree that Tree-Me, the Tree-Me logos, and other Tree-Me trademarks, service marks, and graphics are trademarks of Tree-Me (some in the United States and/or other countries) or are trademarks of Tree-Me’s partners (“Marks”). You are not granted a right to use Marks without the owner’s permission, unless permitted by mandatory law. You will not remove, obscure, or alter any proprietary notices affixed to or contained within the Software. You understand and agree that We have the right to stop selling, distributing, servicing, or updating the Software (or any part of it) and services or offerings at any time.

USAGE TRACKING, AUDITING, PIRACY AND OUR PRIVACY POLICY.

Our audit and collection of any of Your data and Your use of the Software is subject to Tree-Me’s Privacy Policy (tree-me.com/privacy-policy). We may audit Your software usage for anti-piracy purposes, to verify a valid registration, and to identify if new Updates are available for Your Computer prior to sending You a notice to install a new Software Update.

PRE-COMMERCIAL RELEASE OR BETA SOFTWARE.

If the Software You have received or are accessing with this EULA is a pre-commercial release or a beta version and you have agreed to receive a pre-commercial release or beta version, then You understand the Software is a pre-release, non-commercial version and does not represent a final product of Tree-Me. The Software may contain bugs, errors and other problems that could cause computer system failures and data loss. THEREFORE, ALL PRE-RELEASE OR BETA SOFTWARE IS PROVIDED ON AN “AS-IS” BASIS. RESTRICTIONS OF LIABILITY APPLY AS STIPULATED BELOW.

LIMITED AND RESTRICTED WARRANTY

The Software when properly installed and under normal use will substantially conform to the features and functionality as set forth in the documentation accompanying the Software; however, the Software may contain immaterial bugs and errors. Therefore, the Software – as the case may be in deviation of applicable statutory law - is provided on the basis that remedies regarding such immaterial bugs and errors will only be provided from time to time by bug fixes. YOU ASSUME ALL RESPONSIBILITIES FOR CHOOSING, INSTALLING, AND USING THE SOFTWARE. UNLESS OTHERWISE PROVIDED FOR REGARDING SPECIFIC COUNTRIES AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TREE-ME DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. SOME STATES OR COUNTRIES DO NOT ALLOW THE WARRANTY EXCLUSION OR LIMITATIONS; THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In such instances, Tree-Me may remedy substantial defects of the Software at its reasonable discretion by (a) providing a patch, Update or replacement of the Software, or (b) asking for return of the Software and cancelling this EULA. You are entitled to a reduction of the purchase price or a rescission of this EULA only if Tree-Me has repeatedly failed to remedy the defect after a reasonable period of time. If You are a Private Users, Your claims under this clause are time-barred in twenty-four (24) months from receipt of Software; if You are a Business User, Your claims under this clause are time-barred in twelve (12) months. If You alter the Software in any way without being authorized by Tree-Me, Tree-Me will not remedy defects caused by such alteration and You are liable for any damages incurred by Tree-Me due to Your unauthorized alteration. IF YOU INSTALL PRE-RELEASE VERSION PRODUCTS MARKED AS SUCH, YOU DO SO AT YOUR OWN RISK. Pre-release version products are to be used only for test purposes in testing environments and must not be used for production purposes.