Terms, Conditions and Acceptable Use Policy for TreeAge Model Sharing

Introduction

TreeAge Software, LLC (“TreeAge”) is operating tpweb.treeage.com to enable the sharing of models built using TreeAge Pro by a licensed user of TreeAge Pro software with designated individuals (the “Service”).

Individuals uploading such models to the Service are referred to as “Modelers”. Individuals using the Service to view models are referred to as “Viewers”.

When you use the Service as a Modeler or a Viewer, you agree to these terms and your use of the Service will be taken as acceptance of these terms. If you do not agree to these terms, please do not use the Service.

Your use of the Service is also governed by TreeAge’s Privacy Policy and, in the case of  Modelers, by the TreeAge Pro License Agreement.

Changes

TreeAge may modify this agreement from time to time. If we make material changes, we will provide you notice through the Service, or by other means. If you object to any changes, you may let us know by email at support@treeage.com and your accounts and licenses will be terminated.

Modelers

As a Modeler, you agree ad warrant that:
  • You are a licensed user of TreeAge Pro software.
  • You will keep your Service password secret.
  • You have the legal rights (including intellectual property rights) to publish any model that you upload to the Service to the Viewers that you designate.
  • You retain exclusive ownership of and are solely responsible for the use, accuracy, and completeness of any and all data, content, and information that you provide while using the Service.
  • You grant TreeAge a non-exclusive, worldwide, royalty-free license to copy, display, transmit, and otherwise use your uploaded files solely as required for performance of the Service.
  • You are responsible for identifying, contacting, and deleting potential Viewers of your models.
  • You will keep a copy of any models that you upload to the Service.
  • You will not attempt to override any security feature or bypass or circumvent any access controls or use limits of the Service.
  • You will not upload anything that contains software viruses, worms, or any other harmful code.
  • You will not reverse engineer or otherwise attempt to derive the source code for any technology related to the Service that is not open source.
  • You will not interfere with the operation of or place an unreasonable load on the Service.
  • TreeAge is not required to store or keep showing your uploaded Models on the Service.
  • TreeAge can remove access to your Model for any Viewers or remove the Model from the Service at its own discretion.

Viewers

As a Viewer, you agree and warrant that:
  • You will keep your Service password secret.
  • Your use of other’s content in the Service is at your own risk.
  • Your ability to view a particular model can be removed by the Modeler or by TreeAge without notice.
  • You will not attempt to override any security feature or bypass or circumvent any access controls or use limits of the Service.
  • You will not reverse engineer or otherwise attempt to derive the source code for any technology related to the Service that is not open source.
  • You will not interfere with the operation of or place an unreasonable load on the Service.

Disclaimer and Limit of Liability

TREEAGE MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SERVICE, INCLUDING ANY REPRESENTATION THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TREEAGE DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, TREEAGE WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION, LOSS OF DATA OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

TREEAGE WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS THE TOTAL FEES PAID BY YOU TO TREEAGE FOR THE SERVICE DURING THE PRECEEDING 12 MONTH PERIOD.

Termination

Both you and TreeAge can terminate this agreement at any time with notice to the other or if you delete your account with the Service.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA.