END USER LICENSE AGREEMENT ('EULA') FOR TREEXY SOFTWARE
IMPORTANT – READ CAREFULLY: This End-User License Agreement ('Agreement') is a legal agreement between you (either an individual or a single entity) and Treexy ('Treexy') for the Treexy software ('Application') that accompanies this EULA, which includes computer software and may include associated media, printed materials, 'online' or electronic documentation, and Internet-based services ('Services'). Please read this agreement carefully. By purchasing, downloading, installing, distributing and/or using the Application, you agree to be bound by and comply with the terms and conditions set forth in this agreement. Do not purchase, download, install, distribute and/or use the Application until you have read and accepted the terms and conditions set forth in this agreement. An amendment or addendum to this EULA may accompany the Application.
1. LICENSE GRANT. Treexy grants you the rights described in this EULA provided that you comply with all terms and conditions of this EULA. Treexy grants to you a personal, limited, non-transferable, non-sublicenseable, non-assignable and revocable license to install and use the Application solely for your own personal use. Any future Application updates may include updated EULA. Please read the EULA carefully before purchasing, downloading, installing, distributing and/or using Application updates. License grants for non-personal usage (including, but not limited to, professional, commercial, business or company use) are on a case by case basis and require a written confirmation by Treexy.
1.1 Single license. You may install, activate and use only one copy of the Application on a single device at a time. You may not run the Application on two or more devices at the same time using the same license. You must uninstall the Application before installing, activating and using it on another device. You may not install the Application on previous devices anymore. Account sharing is prohibited.
1.2 Multi license. You may install, activate and use the Application on a number of devices up to the purchased number of licenses at the same time using the same license. You may not run the Application on more devices than the purchased number of license using the same license. If you want to install, activate or use the Application on more devices, you must purchase a new license or uninstall the Application. You may not install the Application on previous devices anymore. Multi licenses are restricted to a single user or members of the same household. Account sharing is prohibited.
Unauthorized usage according to any of the terms described in this Agreement results in your license getting revoked, without prior notice, and is non-reversible.
2. RESERVATION OF RIGHTS AND OWNERSHIP. The Application is licensed as a single product. Its component parts may not be separated. The Application is protected by copyright and other intellectual property laws and treaties, and Treexy (or its affiliates, suppliers and/or their respective licensors where applicable) own all right, title, and interest in the intellectual property rights in and to the Application, including, without limitation, all intellectual and proprietary rights appurtenant thereto, and, except for the limited license granted to you herein, nothing in this Agreement shall be construed to restrict, transfer, convey, encumber, alter, impair or otherwise adversely affect Treexy, its affiliates', suppliers' and/or their respective licensors' ownership or proprietary rights therein or any other of Treexy, its affiliates', suppliers' and/or their licensors' information, processes, methodologies, products, goods, services, or materials, tangible or intangible, in any form and in any medium. For the avoidance of doubt, the Application is licensed, not sold, to you by Treexy pursuant to and subject to the terms and conditions of this Agreement. Treexy reserves all rights not expressly granted to you herein. You acknowledge and agree that this Agreement is between you and Treexy.
3. RESTRICTIONS. You may not rent, lease, lend, share, publish, distribute, sell, redistribute, sublicense or provide commercial hosting services with the Application, or make available any information about the product license or purchase transaction ID. You may not copy, clone, emulate, modify, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates or upgrades, or any part thereof. Making the Application available over a network where it could be used by multiple computers at the same time is prohibited. You may not assign or otherwise transfer the Application or any of your rights hereunder to any party. Any attempt to do so is a violation of the rights of Treexy, its affiliates, suppliers, and licensors, as applicable. If you breach this restriction, you may be subject to prosecution and damages. The terms and conditions of the Agreement shall govern any upgrades or updates provided by Treexy that replace and/or supplement the original Application, unless such upgrade is accompanied by or references a separate license agreement in which case the terms of that license agreement shall govern.
4. CONSENT TO USE DATA. All data and information collected, used and/or disclosed by Treexy and its affiliates, suppliers, and/or licensor's in connection with your use of the Application, which shall include, without limitation, all technical information about your device, system, Application software, peripherals and the use thereof, shall be governed by and subject to the terms and conditions set forth in this agreement. Treexy may use this information solely to improve its products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
5. DISTRIBUTION. The Application installation package may be freely distributed, with exceptions noted below, provided the distribution package is not modified. No person or company may charge a fee for the distribution of the Application without written permission from the copyright holder. The Application may not be bundled or distributed with any other package without permission of the copyright holder. All data created with the Application may be freely used and distributed as long as you make sure to compliance with applicable local laws (including, but not limited to, your local Copyright Law).
6. SOFTWARE/SERVICES. You are only granted the right to the version of the Application as provided when licensed and solely incorporating the features and functionality provided with such version. Treexy is not obligated to provide maintenance, future versions, upgrades, technical supplements, updates, and/or additional features and components (including any online or external functionality or services) or other support to you for the Application licensed under this EULA. In the event that Treexy does provide such supplements or updates, this EULA applies to such updates, supplements, or add-on components of the Application that Treexy may provide to you or make available to you after the date you obtain your initial copy of the Application, unless we provide other terms along with the update, supplement, or add-on component. Treexy and its affiliates, suppliers and licensors reserve the right to modify, update, supplement, limit, discontinue, remove or disable access to the Application without notice to you and neither Treexy, its affiliates, suppliers, nor any of their respective licensors shall be liable to you or any third party should it exercise such rights. Certain functions of the Application may be modified or discontinued as a result of any such supplements or updates, or may not be available if you have not downloaded all updates made available by Treexy or otherwise. Treexy may, in its sole and absolute discretion, provide you free of charge with supplements or updates to the Application but reserves itself the right to charge additional sums for such supplements or updates, the amount of which shall be determined by Treexy in its sole and absolute discretion. Treexy may, in its sole and absolute discretion, by means of supplements, updates or otherwise, offer services as a complement to the Application and reserves itself the right to charge additional sums for same, including a monthly or yearly fee or a fee based on usage.
7. TECHNICAL SUPPORT. A valid product license may be required to obtain technical support. Technical support is provided online in the following languages: English, Dutch. Technical support for old versions of the Application may be terminated. Purchase of a new license of the Application may be required to obtain technical support.
8. DATA ACCESS CHARGES. Certain Application functions and services require data access, and the provider of data access for your device may charge you data access fees in connection with your use of the Application. You are solely responsible for any data access or other charges you incur.
9. NO WARRANTY. You expressly acknowledge and agree that use of the Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort of the Application is with you. To the maximum extent permitted by applicable law, the Application and any services performed or provided by or in connection with the Application are provided 'as is' and 'as available', with all bugs and faults and without warranty of any kind, and Treexy, its suppliers, affiliates and licensors hereby disclaim all warranties and conditions with respect to the Application and any services, either express, implied or statutory, including, without limitation, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, of title, and of non-infringement of third party rights. Neither Treexy, nor any of its affiliates, suppliers or licensors warrant that the functions or services contained in, accessed from, performed by, displayed on, linked to/from, or provided by, the Application will meet your requirements, that the operation of the Application or services will be uninterrupted or error-free, or that defects in the Application or services will be corrected. No oral or written information or advice given by Treexy, its affiliates, suppliers or any of their respective authorized representatives shall create a warranty. Should the Application or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
10. LIMITATION OF LIABILITY. To the extent not prohibited by law, in no event shall Treexy or its affiliates, suppliers or licensors be liable for any loss or damage of any kind, whether direct, indirect, incidental, special, exemplary or consequential, including, without limitation, damages for loss of profits, loss of data, data charges, personal injury, loss of privacy, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Treexy or its affiliates, suppliers or licensors have been advised of the possibility of such damages. In no event shall Treexy's liability exceed the price paid for the Application by the user. Treexy, its suppliers, affiliates and/or licensors shall not be liable should (i) the Application or any Update be removed and/or unavailable for any reason, (ii) the Application cease to function as a result of any modifications or updates to the software on your device, or by changes to the device.
11. GOVERNING LAW AND GENERAL PROVISIONS. To the extent not prohibited by law, you agree (a) that this Agreement and all disputes, claims, actions, suits or other proceedings arising hereunder shall be governed by, and construed in accordance with, the substantive law of The Netherlands, Europe (b) to irrevocably submit to the sole and exclusive jurisdiction of the courts of The Netherlands, situated in the judicial district of Europe, and (c) to irrevocably consent to the exercise of personal jurisdiction by such courts and waive any right to plead, claim or allege that the judicial district of Europe is an inconvenient forum. No failure or delay by Treexy, its affiliates, suppliers or licensors to exercise any right or enforce any obligation shall impair or be construed as a waiver or ongoing waiver of that or any or other right or power. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining provisions of this Agreement shall be unimpaired and remain in full force and effect. You may not assign your rights under this Agreement without Treexy's prior written permission and any attempt by you to do so shall be void. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination.
12. INDEMNIFICATION. You agree to indemnify, defend, and hold Treexy, its affiliates and their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, service providers, and suppliers harmless against any and all claims, demands, actions, losses, damages, costs and expenses (including reasonable attorneys' fees), arising out of or relating to your (a) breach or violation of this Agreement, (b) infringement, misappropriation or any violation of the rights of any other party, (c) violation or non-compliance with any applicable law, rule or regulation, and (d) use, alteration or export of the Application (or any component thereof) in violation of this Agreement.
13. CHANGES TO AGREEMENT. Treexy may make changes to this Agreement, at any time and from time to time, by notifying you of the change, including, without limitation, by including notice on the services or by other electronic means, and a new copy of this Agreement shall be made available on the services. By using the Application after such changes are made to the Agreement, you signify that you agree to be bound by and comply with such changes and Treexy shall treat your use as acceptance of the changed provisions.
14. TERMINIATION. This agreement is effective until terminated by you or Treexy. Without prejudice to any other rights, Treexy may terminate this EULA if you fail to comply with any term or condition of this EULA without notice. In such event, you must cease all use of the Application and destroy all copies, and all of its component parts.
15. CONTACT INFORMATION. If you have any questions regarding this Agreement, please contact Treexy at https://treexy.com.