Terms and Conditions

End User Software License Agreement

IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR INSTALLING AEON TIMELINE:

This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Timeline.App Pty Ltd (“Timeline.App”, Australian Business Number: 19634542911).

This agreement covers your use of the Aeon Timeline application, including software components, electronic documentation and associated material (“SOFTWARE”).

By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you, the licensee (“you”) and Timeline.App, (referred to as "licensor"), and it supersedes any prior proposal, representation, or understanding between the parties.

If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

1. License 

Upon your acceptance of the terms of this agreement, the Licensor grants you a non-exclusive, non-transferable limited license to use the accompanying Aeon Timeline software and associated material strictly in accordance with this license.

(a) License for use in Read-only mode

The SOFTWARE can operate in a read-only mode for users who do not have a license for the editing functionality.

You may install the SOFTWARE on an unlimited number of devices for use in editing mode. You do not need to purchase a license to operate the application in editing mode, but your use of the SOFTWARE in editing mode is still governed by the terms set out in this document.

(b) License for use in Editor mode

The SOFTWARE can operate in an editor mode for users who have purchased a license to use the software in this way. Each purchase license will correspond with an account created to control your use of the SOFTWARE.

Each purchased license allows you to enable editing mode by logging into your account on up to five (5) devices in total across MacOS, Windows, and iOS platforms, provided you are the only user of the SOFTWARE on all devices.

The license and account may only be used by a single user across all devices, and you must take reasonable steps to ensure you are the only person with access to the software.

Unless otherwise revoked under the terms of this agreement, the license allows you perpetual use of the software available at the time of purchase, plus applicable updates as set out in Section 2 of this agreement.

(c) Private Use

If you purchase a license solely for private, non-commercial use, occasional (i.e. no more than a few times per year) use by a member of your family who resides at the same address as you (e.g. a child completing a school project), is also permitted.

More regular use by a second person would require that user to purchase their own license for the software.

If a license is used for commercial use, such household usage is not permitted.

(d) Backup Copies

You may make copies of the SOFTWARE for the purpose of backup.

2. Updates

(a) License for updates in editor mode

The licensor grants you a license to use the SOFTWARE in its current version at the time of purchase. Your purchase may also entitle you to further upgrades released within a set time period, as set forth on our website or within our app at the time of purchase.

You may also purchase access to receive updates to the SOFTWARE for an extended time period beyond the initial term.

The timing and content of updates is at the sole discretion of Timeline.App, and nothing in this license agreement guarantees the timing or availability of updates into the future.

Some updates may alter the Minimum System Requirements of the SOFTWARE, in which case the update may not be able to be used on older hardware or operating systems, including machines and operating systems that did support previous versions of the software.

If you migrate to new hardware or operating systems, the SOFTWARE may not run as intended and Timeline.App will not be responsible for this. You may be required to purchase further upgrades to a version of the SOFTWARE eligible to run on that hardware or operating system.

Nothing in this licence agreement constitutes a promise of support or the existence of future updates for this application.

(b) License for updates in read-only mode

You may download and install updates for use in read-only mode as they are released. If your access to editor-mode updates has expired, you may still download read-only updates, and operate the software in two different versions for each.

The timing and content of updates is at the sole discretion of Timeline.App, and nothing in this license agreement guarantees the timing or availability of updates into the future.

Nothing in this licence agreement constitutes a promise of support or the existence of future updates for this application.

3. Free Trial

Timeline.App provides a free trial period in which you can ensure the SOFTWARE meets your requirements. You are responsible for checking that the SOFTWARE will run on your operating system and hardware, and that the SOFTWARE performs to your expectation during this trial period.

Timeline.App strongly recommends you make use of this free trial prior to purchasing the software. Should you wish to request a refund, this will be governed by our refund policy.

4. Revocation upon refund

You may be eligible for a refund to a purchased license, as set forth under our refund policy.

Should you request and receive a refund for your purchase, unless otherwise advised in writing by us, your license to use the SOFTWARE in editor mode is immediately revoked, and you must discontinue your use of the SOFTWARE in editor mode from that point forward.

Your use of the software in read-only mode will continue to be governed by this agreement.

5. Restrictions

 (a) Maintenance of Copyright Notices. 

You must not remove or alter any copyright notices on any and all copies of the SOFTWARE. 

(b) Distribution.

 You may not distribute copies of the SOFTWARE to third parties. Third parties requiring access to the SOFTWARE should download the appropriate version from our website.

You may not reverse engineer, decompile, or disassemble the SOFTWARE , except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.  

(d) Rental. 

You may not rent, lease, or lend the SOFTWARE.

 (e) Support Services.

 Timeline.App may provide you with support services related to the SOFTWARE ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA.

 (f) Compliance with Applicable Laws. 

You must comply with all applicable laws regarding use of the SOFTWARE.

6. Termination

 Without prejudice to any other rights, Timeline.App may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE in your possession.

7. Copyright

 All title, including but not limited to copyrights, in and to the SOFTWARE and any copies thereof are owned by Timeline.App or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Timeline.App.

8. No Warranties 

Timeline.App expressly disclaims any warranty for the SOFTWARE. The SOFTWARE is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Timeline.App does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE.

Timeline.App does not warrant that: (i) the Software will meet your requirements; (ii) your use of the software will be uninterrupted, timely, secure, or free from error; or (iii) any information obtained by you as a result of your use of the Software will be accurate or reliable.

Timeline.App makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Timeline.App further expressly disclaims any warranty or representation to Authorized Users or to any third party.

9. Limitation of Liability 

In no event shall Timeline.App be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE, even if Timeline.App has been advised of the possibility of such damages. In no event will Timeline.App be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Timeline.App shall have no liability with respect to the content of the SOFTWARE or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

10. No Guarantee of Download

 Although the most recent version of the SOFTWARE will usually be available for download from our company website, nothing in this agreement provides a guarantee that this will remain the case in the future. You are responsible for keeping your own secure backup of the downloaded application to ensure continued access to re-install the application.

11. Purchases made via Apple

For purchases made through Apple via the Mac App Store, iOS App Store, or in-app purchases within our App Store distributed products, the following additional terms apply:

(a) Acknowledgement

You and Timeline.App acknowledge that the EULA is concluded between You and Timeline.App only, and not with Apple, and Timeline.App, not Apple, are solely responsible for the Licensed Application and the content thereof.

(b) Scope of License

The license granted to you for the SOFTWARE distributed via Apple App Stores is limited to a non-transferable license to use the SOFTWARE on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

Your license will also enable you to use the SOFTWARE distributed via other channels such as our website.

You and Timeline.App acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the SOFTWARE, and that Timeline.App is solely responsible for providing any maintenance and support services with respect to the SOFTWARE as specified in this EULA, or required under applicable law.

(d) Warranty

Timeline.App is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the SOFTWARE to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the SOFTWARE to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the SOFTWARE, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Timeline.App's responsibility.

(e) Product Claims

You and Timeline.App acknowledge that Timeline.App, not Apple, is responsible for addressing any claims of You or any third party relating to the SOFTWARE or the end- user’s possession and/or use of that SOFTWARE, including, but not limited to: (i) product liability claims; (ii) any claim that the SOFTWARE fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the SOFTWARE’s use of the HealthKit and HomeKit frameworks.

For the sake of clarity, note that the SOFTWARE does not make use of the HealthKit or HomeKit frameworks at present, and has no expectation that they will be used in the future at this time. However, the terms above will apply should they ever be included in the SOFTWARE.

(f) Intellectual Property Rights

You and Timeline.App acknowledge that, in the event of any third party claim that the SOFTWATR or Your possession and use of the SOFTWARE infringes that third party’s intellectual property rights, Timeline.App, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

(g) Legal Compliance

You must represent and warrant that (i) 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 (ii) You not listed on any U.S. Government list of prohibited or restricted parties.

(h) Any End-User questions, complaints or claims with respect to the SOFTWARE should be directed to Timeline.App Pty Ltd using the contact details listed on our website https://timeline.app

(i) Third Party Terms of Agreement

You must comply with applicable third party terms of agreement when using the SOFTWARE.

(j) Third Party Beneficiary

You and Timeline.App acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon Your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary thereof.

12. Third-Party Copyright Notices and License

Lodash.js

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.

[Windows App only] Chromium Embedded Framework (CEF3)

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

* Neither the name of Google Inc. nor the name Chromium Embedded Framework nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

[Mac App only, excluding Mac App Store] Sparkle

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

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EXTERNAL LICENSES

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bspatch.c and bsdiff.c, from bsdiff 4.3 <http://www.daemonology.net/bsdiff/>:

sais.c and sais.c, from sais-lite (2010/08/07) <https://sites.google.com/site/yuta256/sais>:

SUDSAVerifier.m:

Redistribution and use in source and binary forms, with or without modification, are permitted providing that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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