End user license agreement

Last updated 16-September-2021

1. Parties
This end-user license agreement (“Agreement”) is between Timeline Systems AS, a Norwegian incorporated limited liability company with Norwegian organization number 927 076 942 with registered business address Østre Tromøyvei 901, N-4812 Kongshavn, Norway (“Timeline Systems”) as licensor of the Timeline Presenter (as defined bellow) (“Timeline Presenter”) and the subscriber to and end user of Timeline Presenter (the “End User”).

By downloading and/or using Timeline Presenter you are agreeing to be bound by this legally enforceable agreement.

2. License
Subject to the terms and conditions of this Agreement, the End User is granted a non-transferable, non-exclusive limited license to download and use Timeline Presenter on maximum three (3) iPad, compatible Mac computers, or any other Mac compatible branded products simultaneously provided the iPad, compatible Mac computers, or any other Mac compatible branded products are logged into the End User’s Apple-ID account (the “License”).

Timeline Presenter is the software offered by Timeline Systems through the Apple App Store as offered at any time.

Additional downloads or installations of Timeline Presenter are unauthorized unless approved in writing by Timeline Systems, or unless one of the devices upon which the End User previously installed Timeline Presenter was destroyed, stolen, damaged and/or upgraded, or replaced with a newer device. In any event, whenever you sell, donate, replace, or upgrade a device, you must permanently delete Timeline Presenter before disposing of or transferring the old device.

The End User agrees not to reproduce, duplicate, copy, sell, resell, or exploit access to or use of Timeline Presenter, or any portion thereof, including, but not limited to all code, and visual design elements. Further, the End User agrees not to modify, reverse engineer, adapt, or otherwise tamper with the Timeline Presenter, or create other software that might create the appearance that it is associated with or endorsed by Timeline Systems.

The License give the End User the right to read documents already created in Timeline Presenter. End User having an Extended License is entitled to create and edit documents in Timeline Presenter

3. Payment, subscription periods, and renewals
The validity of the Extended License is subject to the correct and complete pre-payment of the license fee and is limited to the period for which the license fee is paid.

The subscription period is either one month or one year, beginning on the day the End User activated the Timeline Presenter by paying the monthly or yearly subscription fee.

At the expiry of the paid subscription period, the Extended License will be automatically renewed for an identical subscription period and the license fee for the new subscription period will be charged to the payment method most recently used or selected by the End User on the End User’s Apple-ID account, unless the License is cancelled at least 24 hours before the end of the current period. Your Apple-ID account will be charged for the subscription fee for the renewed subscription period within 24 hours prior to the end of the current subscription period.

Cancellation of the Extended License at the end of a subscription period or failure to ensure correct and complete pre-payment of the license fee for the renewed subscription period, will have the effect that most of the features of the Timeline Presenter will no longer function.

The End User’s payments of license fees are processed by Apple Inc., and Timeline Systems is not responsible for any billing errors. For help with payment-related issues you must seek help from the App Store support team (https://support.apple.com/billing).

All prices are subject to change upon notice. Such notice may be provided by an in-app notification, or in some other form of announcement or notification.

All subscription fees are exclusive of all federal, state, provincial, municipal or other taxes.

No refunds or credits will be issued for unused portion of a subscription period, including cancelation of a subscription prior to the expiration of its current term.

4. Intellectual Property Rights
Apple, iPad, and Mac are trademarks of Apple Inc., registered in the U.S. and other countries. Timeline Presenter is an independent creation by Timeline Systems, and has not been authorized, sponsored, or otherwise approved by Apple, Inc.

Timeline Systems holds any and all intellectual property rights to Timeline Presenter, including without limitation, all copyrights, patents, trademarks, trade secrets, and other intellectual property rights.

End User is not permitted to nor able to permit any others to: license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit Timeline Presenter, or make it available to any third party.

End User is further prohibited from: copying or use Timeline Presenter for any purpose other than as permitted under this Agreement; modifying, making derivative works of, disassembling, decrypting, reverse compiling or reverse engineering any part of Timeline Presenter; removing, altering or obscuring any proprietary notice (including any notice of copyright or trademark) of Timeline Systems or its affiliates, partners, suppliers, or the licensors of Timeline Presenter.

End User agrees to indemnify Timeline Systems, and hold Timeline Systems harmless from any third-party claim that Timeline Presenter or End User’s use of Timeline Presenter has infringed upon the intellectual property rights of a third party. End User shall notify Timeline Systems without undue delay of becoming aware of any potential claim of third-party infringement at support@timelinepresenter.com.

Failure to comply with any of these terms constitutes a material breach of this Agreement by the End User, for which Timeline Systems reserves the right to discontinue, suspend, or terminate End User’s access to Timeline Presenter immediately and without prior notice.

Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provide to Timeline Systems by any End User related to the use of Timeline Presenter, will become and remain the sole and exclusive intellectual property of Timeline Systems. Further, Timeline Systems is free to use, copy, modify, publish, or redistribute Suggestions for any purpose, without attribution, and without providing credit or compensation to the End User.

5. Updates and Warranty
Timeline Presenter is made available on an “as is” basis and Timeline Systems expressly disclaims all warranties, including the warranties of merchantability and fitness for a particular purpose towards End User.

Timeline Systems, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of Timeline Systems or its affiliates (the “Warrantors”) does not warrant that: (a) Timeline Presenter will meet any specific requirements; (b) Timeline Presenter provides positive results from End User’s use of Timeline Presenter; (c) the quality of any features, information, or other aspects of Timeline Presenter will meet any specific expectations; and (d) any errors or “bugs” in Timeline Presenter will be corrected within a specific time frame.

Timeline Systems may, from time to time, provide enhancements or improvements to the features and/or functionality of Timeline Presenter, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of Timeline Presenter. Timeline Systems has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of Timeline Presenter.

All Updates shall constitute an integral part of Timeline Presenter, and shall be governed by the terms and conditions of this agreement.

6. Limitation of Liability
The Warrantors are not liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to damages for lost profits, goodwill, use, data, or other intangible losses (even if any of the Warrantors have been advised of the possibility of such damages), resulting from: (a) the use of or the inability to use Timeline Presenter; (b) the cost to procure and/or deploy substitute goods or services resulting from use of Timeline Presenter; (c) any unauthorized access to or alteration of End User’s data, transmissions, or content; (d) any price change, suspension, or discontinuance of Timeline Presenter or any of its features; (e) any loss of content, modification to Timeline Presenter, a feature and/or Updates; (f) any other matter relating to End User using Timeline Presenter.

Each Warrantors is excused from any failure or delay in performance of responsibilities otherwise imposed by this Agreement for any cause beyond its reasonable control. Such causes include but are not limited to fires, floods, storms, hurricanes, earthquakes, global health pandemics, civil disturbances, disruption of telecommunications, transportation, utilities or necessary supplies, governmental action, computer viruses, and incompatible or defective equipment, software, or services not supplied by Timeline Systems.

To the maximum extent permitted by law, in no event shall any of the Warrantors be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for lost profits, loss of data or other information, business interruption, personal injury, or loss of privacy arising out of or in any way related to the use of or inability to use Timeline Presenter, third-party software and/or third-party hardware used with Timeline Presenter, or otherwise in connection with any provision of this Agreement), even if any of the Warrantors has been advised of the possibility of such damages. The same apply if the remedy fails of its essential purpose.
To the maximum extent permitted by law, the maximum extent of the Warrantors combined liability under any provision of this Agreement, tort, or any other basis, is limited to the amount actually paid by you for the current subscription term.

7. Security and use of data
End User is solely responsible for the security of any data uploaded or transmitted to Timeline Presenter on own devices. Timeline Systems cannot and do not make any representation as to the security of any data uploaded or transmitted to Timeline Presenter.

Timeline Systems acknowledges and accepts that the use of Timeline Presenter may include the uploading or otherwise transmitting of End User or other third-party data or media to Timeline Presenter, and that some of this data or media may be confidential, privileged, or otherwise protected from disclosure to unauthorized parties. Unless transmitted or uploaded (including enabled iCloud sync of End User devices) such materials to a third party, all data uploaded by End User will remain on End User’s device. Timeline Systems will not review, collect or archive any data uploaded by End User into Timeline Presenter, and under no circumstance can Timeline Systems be held liable for any data breach, or unauthorized disclosure of such materials.

Timeline Systems do not collect, store, maintain, or share data uploaded or transmitted to Timeline Presenter, or any information about End User, except to the limited extent set forth in Timeline Systems’ Privacy Policy, which may be updated from time to time.

The most recent version of our Privacy Policy is available at https://www.timelinepresenter.com/legal . Your use of Timeline Presenter constitutes your acceptance of the terms of our Privacy Policy.

8. Term and Termination
This Agreement will remain in effect until terminated by End User or Timeline Systems.

Termination by End User is done by permanently deleting Timeline Presenter from any and all devices onto which Timeline Presenter is downloaded. Termination by End User with License will take effect immediately after deletion of Timeline Presenter from any and all devices onto which Timeline Presenter was downloaded. Termination by End User with Extended License will take effect from the beginning of the first day after the last day of current subscription period.

Timeline Systems reserves the right to terminate this Agreement without prior notice in the event that End User fails to comply with any provision hereof.

Upon the effective date of a termination of this Agreement, End User is prohibited from further use of Timeline Presenter and is obligated to permanently delete all copies of Timeline Presenter from its device(s).

Termination of this Agreement will not limit any of Timeline Systems’ rights or remedies at law or in equity in case of breach by End User (during the term of this Agreement) of any of its obligations under the Agreement.

9. Miscellaneous

9.1. Technical Support
For technical support, questions, complaints, claims, feedback, or suggestions regarding the use of Timeline Presenter, Timeline Systems can be contacted at support@timelinepresenter.com. Technical support is only provided to End User during the subscription period, and is available Monday through Friday (excluding holidays) from 9 a.m. to 4 p.m. CET. Best efforts will be made to provide technical support outside of these times.

9.2. Entire agreement, enforceability, assignment
Failure to enforce any provision of this Agreement shall not constitute, and cannot be construed as a waiver of such provision, or of the right to enforce it in the future.

This Agreement, and any documents incorporated by reference herein, constitutes the entire agreement between Timeline Systems and End User.

If any part of this Agreement should be determined to be unenforceable for any reason, the remaining terms will continue to remain in full force and effect.

End User cannot assign its rights or delegate its obligations in this Agreement without the prior written consent of Timeline Systems.

9.3. Amendments to Agreement
Timeline Systems reserves the right to modify or replace this Agreement at any time. All changes and/or modifications to these terms will be published on our website: http://www.timelinepresenter.com/legal.

Announcements of these changes may also be published via our social media channels. By continuing to access or use Timeline Presenter after any revisions become effective, End User is bound by the revised terms. End User’s sole remedy if not accepting to be bound be the revised terms, is to discontinue using, and permanently delete Timeline Presenter from its’ device(s).

Material revisions, in Timeline Systems’ sole discretion, will be published at least 30 days’ notice prior to any new terms taking effect.

9.4. Third Party Services
Timeline Presenter may display, include, or make available third-party content (including data, information, applications, and other products or services) or provide links to third-party websites or services (“Third-Party Services”).

Third-Party Services and links thereto are provided solely as a convenience. Any decision to access and/or use such services is entirely at End User’s own risk. Third-Party Services are subject to such third parties’ terms and conditions, and End User accepts and agrees to comply with all applicable third-party terms and conditions when using Third-Party Services in connection with Timeline Presenter.

Timeline Systems is not responsible for any Third-Party Services including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Timeline Systems does not assume and does not have any liability or responsibility towards anyone for any Third-Party Services, and End User shall indemnify and hold harmless Timeline Systems for any and all costs or losses caused by End User’s utilization of available Third-Party Services.

9.5. Restriction on use
End User is prohibited from using or accessing Timeline Presenter in any location subject to embargo by the UN, EU, or by US or Norwegian authorities, or in a country designated by the UN, EU, US or Norwegian authorities as a terrorist supporting country.

9.6. Waiver of Jury Trial
End User waives any applicable right to a jury trial of any and all claims arising out of the downloading, installing and/or use of Timeline Presenter and the relationship with Timeline Systems, regardless of whether they may be based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.

10. Governing law and dispute resolution
This Agreement and any dispute, controversy, or claim arising out of or in connection with this Agreement, or the breach, termination, or invalidity thereof, shall be governed by the laws of the Kingdom of Norway.

Any dispute, controversy, or claim arising out of or in connection with this Agreement, or the breach, termination, or invalidity thereof, and which is not settled by mutual agreement, shall be subject to the jurisdiction of the ordinary courts of Norway, with Agder District Court – Arendal (Agder tingrett – Arendal) as the agreed legal venue.

Privacy Policy

This document is adopted by Timeline Systems on September 16th, 2021

Timeline Systems operates the application Timeline Presenter and the website timelinepresenter.com.

This policy discloses our policy regarding the collection, use, disclosure of personal data when End User uses the Timeline Presenter and/or timelinepresenter.com, and the choices End User has with regards to this.

Timeline Systems uses End User’s data to provide and improve Timeline Presenter and/or timelinepresenter.com. By using Timeline Presenter and/or timelinepresenter.com, End User agrees to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meaning as in our End-User License Agreement with the following changes: the term End User does also include any and all visitors to our website.

1. Collection of Information and use thereof
We collect several different types of information for various purposes to provide and improve Timeline Presenter for End User and to make services on our website functional.

2. Types of Data Collected

2.1. Personal Data
While using Timeline Presenter and/or timelinepresenter.com, Timeline Systems may ask End User to provide Timeline Systems with certain personally identifiable information that can be used to contact or identify End User (“Personal Data”). Personally identifiable information may include, but is not limited to:
• Email address
• Cookies and Usage Data

2.2. Usage Data
When End Users uses Timeline Presenter on a mobile device and/or accesses timelinepresenter.com through a web-browser, Timeline Systems may collect certain information automatically, including, but not limited to, type of device, device IP address, operating system, the type of Internet browser, unique device identifiers, and other diagnostic data (“Usage Data”).

2.3. Tracking & Cookies Data
Timeline Systems uses cookies and similar tracking technologies to track the activity on our websites and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to a browser from a website and stored on the device from which the website was accessed. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our business.
End User can instruct its browser to refuse all cookies or to indicate when a cookie is being sent. However, if cookies are not accepted, user experience may be limited.

Examples of cookies we use:
• Session Cookies. Timeline Systems uses Session Cookies to operate Timeline Presenter and our websites.
• Preference Cookies. Timeline Systems uses Preference Cookies to remember End Users’ preferences and various settings.
• Security Cookies. Timeline Systems uses Security Cookies for security purposes.

3. Use of Data
Timeline Systems uses the collected data for various purposes:
• To provide and maintain Timeline Presenter and our websites
• To notify customers about changes to our products
• To allow customers to participate in interactive features of our products when so chosen by customer
• To provide customer care and support
• To provide analysis or valuable information so that Timeline Systems can improve our websites and/or Timeline Presenter
• To monitor the usage of Timeline Presenter and our websites and
• To detect, prevent and address technical issues

4. Transfer Of Data
End User information, including Personal Data, may by Timeline Systems be transferred to — and maintained on —computers located outside of End User’s state, province, country or other governmental jurisdiction of residence, where the data protection laws may differ than those from End User’s jurisdiction of residence. End User information and Personal Data may be transferred to and maintained within all jurisdictions within the EU/EEA. End User should be aware that by downloading the Timeline Presenter from App Store, Apple’s privacy policy applies. Further, any content created within Timeline Presenter is stored by End User.

End User consent to this Privacy Policy by his submission of such information and represents the agreement to that transfer.

Timeline Systems will take all steps reasonably necessary to ensure that End User data is treated securely and in accordance with this Privacy Policy and no transfer of End User Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

5. Disclosure Of Data
Under certain circumstances, Timeline Systems may be required to disclose Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Timeline Systems may disclose Personal Data in the good faith belief that such action is necessary to:
• To comply with a legal obligation
• To protect and defend the rights or property of Timeline Systems
• To prevent or investigate possible wrongdoing in connection with Timeline Presenter
• To protect the personal safety of users of Timeline Presenter or the public
• To protect against legal liability

Timeline Systems may also share Personal Data with third parties in the following situations:
• With Service Providers: Timeline Systems may share Personal Data with Service Providers to monitor and analyze the use of our products, to advertise on third party websites, for payment processing, to perform direct marketing to customers.
• For business transfers: Timeline Systems may share Personal Data in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of Timeline Systems’ business to another company.
• With Affiliates: Timeline Systems may share Personal Data with our affiliates, in which case Timeline Systems will require those affiliates to honor this Privacy Policy. Affiliates include Timeline Systems’ parent company and any other subsidiaries, joint venture partners or other companies that Timeline Systems controls or are under common control with.
• With business partners: Timeline Systems may share Personal Data with our business partners to offer Timeline Systems’ customer certain products, services or promotions.
• With other users: when End User shares personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
• With End User consent: Timeline Systems may share Personal Data for any other purpose with End User consent.

6. Security of Data
The security of End User data is important to Timeline Systems, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While Timeline Systems strives to use commercially acceptable means to protect Personal Data, Timeline Systems cannot guarantee its absolute security.

7. General Data Protection Regulation (“GDPR”)
For the purposes for GDPR, Personal Data means any information relating to End User such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.

7.1. Legal basis for processing
Timeline Systems may process Personal Data under the following conditions;
• Consent from End User
• Performance of contract
• Legal obligations
• Vital interest
• Public interest
• Legitimate interests

7.2. Rights under the GDPR
Timeline Systems undertakes to respect the confidentiality of End User’s Personal Data and to guarantee that End User can exercise its rights.
Provided End User is within the EU/EEA, End User has the right to:
• Request access to End User’s Personal Data. The right to access, update or delete the information Timeline Systems has on End User. Whenever made possible, End User can access, update or request deletion of its Personal Data directly within its account settings section. If End User is unable to perform these actions itself, please contact Timeline Systems for assistance. This also enables End User to receive a copy of the Personal Data Timeline Systems holds about End User.
• Request correction of the Personal Data Timeline Systems holds on End User. End User has the right to have any incomplete or inaccurate information corrected.
• Object to processing of End User’s Personal Data. This right exists where Timeline Systems is relying on a legitimate interest as the legal basis for its processing and there is something about End User’s situation, which makes End User want to object to the processing of its Personal Data on this ground. End User may also object to Timeline Systems’ processing of Personal Data for direct marketing towards End User.
• Request erasure of End User’s Personal Data. End User has the right to request deletion or removal of Personal Data if there is no good reason for Timeline Systems to continue processing it.
• Request the transfer of End User’s Personal Data. Upon request, Timeline Systems will provide to end User or to a third-party End User has chosen, End User’s Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which End User initially provided consent for Timeline Systems to use or where Timeline Systems used the information to perform a contract with End User.
• Withdraw consent. End User has the right to withdraw its consent on using its Personal Data. If End User withdraws its consent, Timeline Systems may not be able to provide End User with access to certain specific functionalities.

7.3. Exercising of GDPR Data Protection Rights
End User may exercise its rights of access, rectification, cancellation and opposition by contacting Timeline Systems. Timeline Systems will require proof of identity before responding to such requests, and will handle such requests as soon as possible.

End Users have the right to complain to a Data Protection Authority about Timeline Systems collections and uses of their Personal Data. For more information please contact your local data protection authority.

8. Service Providers
Timeline Systems may employ third party companies and individuals to facilitate the business, to provide Timeline Presenter, to perform Timeline Presenter-related services or to assist us in analysing how Timeline Presenter is used (“Service Providers”).

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

9. Links To Other Sites
Timeline Presenter and Timeline Systems’ websites may contain links to other sites that are not operated by Timeline Systems. If you click on a third-party link, you will be directed to that third party’s site.

Timeline Systems has no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services. Timeline Systems strongly recommend to review the Privacy Policy of every site visited.

10. Children’s Privacy
Timeline Presenter does not address anyone under the age of 18 (“Children”).

Timeline Systems does not knowingly collect personally identifiable information from anyone under the age of 18. A parent or guardian becoming aware of that your child has provided Timeline Systems with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

11. Detailed information on the processing of Personal Data
Timeline Presenter uses Firebase Crashlytics to report application crashes to the Timeline Systems developer team. These reports contain crash stack traces. The system uses Crashlytics Installation UUIDs to measure the number of users impacted by a crash and minidump data to process NDK crashes. The minidump data is stored while the crash session is being processed and then discarded. Firebase Crashlytics retains crash stack traces, extracted minidump data, and associated identifiers (including Crashlytics Installation UUIDs) for 90 days.

Timeline Presenter use Google Analytics for Firebase to collect data about how the app is used. The type of information collected includes: number of users and sessions, session duration, operating systems, device models, geography, first launches, app opens, app updates, and in-app purchases. The Firebase SDK library uses an app-instance identifier (Vendor Identity) to identify a unique installation of the App.

On the website timelinepresenter.com, Timeline Systems uses Google Analytics for collecting data about how the website is used. The type of information collected includes: unique identifiers, browser type and settings, device type and settings, operating system, time of visit, pages visited, and time spent on each page, referring site details, network location, and IP address.

12. Changes To This Privacy Policy
Timeline Systems may update this Privacy Policy from time to time. Timeline Systems will announce any changes by posting the new Privacy Policy on its websites.
Changes to this Privacy Policy are effective when they are posted on Timeline Systems’ website.

13. Contact Us
If you have any questions about this Privacy Policy, please contact us:
• By email: support@timelinesystems.net
• By mail: Timeline Systems AS, Østre Tromøyvei 901, 4812 Kongshavn, Norway

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