Terms of Sale

A copy of Subdivision (“the Software Product”) and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Triadiktyo Ltd or its subsidiaries, affiliates, and suppliers (collectively “Triadiktyo”) own intellectual property rights in the Software Product. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).

Acceptance

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “I’ve read and accept the terms & conditions” CHECKBOX WHEN PLACING YOUR ORDER AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, OR USING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO ORDER, DOWNLOAD, INSTALL OR USE THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT SELECT THE “I’ve read and accept the terms & conditions” CHECKBOX AND YOU MUST NOT PROCEED TO PLACE AN ORDER, DOWNLOAD, INSTALL or USE THE SOFTWARE PRODUCT.

Support

The Software Product is available in four editions, namely, “Free”, “Lite”, “Standard” and “Enterprise”. Each edition provides a different level of support. The support level for each edition is described below.

“Free” edition: Commencing on the order date, Triadiktyo will provide one calendar year of limited support services (“the Support Period”). Limited email support will be provided at the sole discretion of Triadiktyo throughout the Support Period. Access to new versions of the Software Product will be provided throughout the Support Period. This edition may be discontinued at any time at the sole discretion of Triadiktyo. In this event, you may continue to use the Software Product until the end of the Support Period. At the end of the Support Period, the user may request an extension to the Support Period. The Support Period extension will be granted at the sole discretion of Triadiktyo.

Triadiktyo will issue only 1 “Free” edition license per Company or Individual.

“Lite” edition: Commencing on the purchase date, Triadiktyo will provide one calendar year of support services (“the Support Period”). These services include email support and access to all new versions of the Software Product throughout the Support Period. Triadiktyo will aim to reply to emails within 24 hours of receiving a support request. Triadiktyo will receive defect reports for cases where the Software Product may not perform as intended. If the existence of a defect is confirmed, according to the sole opinion of Triadiktyo staff, Triadiktyo will provide assistance in resolving the defect. Triadiktyo undertakes no obligation with respect to the duration of time required to handle the support request. You can continue to use the Software Product after the expiry of the Support Period but you will not be eligible for new versions of the Software Product or any support. You can extend the Support Period by purchasing additional support years at $49 per year.

“Standard” edition: Commencing on the purchase date, Triadiktyo will provide one calendar year of support services (“the Support Period”). These services include email support and access to all new versions of the Software Product throughout the Support Period. Triadiktyo will aim to reply to emails within 24 hours of receiving a support request. Triadiktyo will receive defect reports for cases where the Software Product may not perform as intended. If the existence of a defect is confirmed, according to the sole opinion of Triadiktyo staff, Triadiktyo will provide assistance in resolving the defect. Triadiktyo undertakes no obligation with respect to the duration of time required to handle the support request. You can continue to use the Software Product after the expiry of the Support Period but you will not be eligible for new versions of the Software Product or any support. You can extend the Support Period by purchasing additional support years at $99 per year.

“Enterprise” edition: Commencing on the purchase date, Triadiktyo will provide one calendar year of support services (“the Support Period”). These services include email support and access to all new versions of the Software Product throughout the Support Period. Triadiktyo will also provide up to 5 hours of premium support via telephone and/or via a Remote Desktop Assistance technology such as the one provided by teamviewer.com. Triadiktyo will aim to reply to emails within 24 hours of receiving a support request. Triadiktyo will receive defect reports for cases where the Software Product may not perform as intended. If the existence of a defect is confirmed, according to the sole opinion of Triadiktyo staff, Triadiktyo will provide assistance in resolving the defect. Triadiktyo undertakes no obligation with respect to the duration of time required to handle the support request. You can continue to use the Software Product after the expiry of the Support Period but you will not be eligible for new versions of the Software Product or any support. You can extend the Support Period by purchasing additional support years at $199 per year. Each additional year includes up to 1 hour of premium support via telephone and/or Remote Desktop Assistance.

Functionality differences between editions

The Software Product accepts either a Subversion (svn) repository or an svn dump-file as input (the Input). The Software Product edition’s functionality is differentiated according to the number of svn revisions in the Input.

The “Free” edition will allow processing of up to 1,000 svn revisions in the Input
The “Lite” edition will allow processing of up to 10,000 revisions in the Input.
The “Standard” edition will allow processing of up to 100,000 revisions in the Input.
The “Enterprise” edition will allow processing of an unlimited number of revisions in the Input.

Upgrades between editions

Upgrades between editions are possible by paying the difference in price between the two editions plus an administrative fee of $99.

Refunds

Once your payment has cleared, you will receive an email with an activation key to activate the Software Product. If this key is used to activate the Software Product, Triadiktyo will not accept nor honour any requests for a refund. You can evaluate the demo version of the Software Product before you make a purchase decision. In the unlikely event the Software Product does not work as intended for the purpose the Software Product is purchased, and when the demo version of the Software Product works as intended for the same purpose, Triadiktyo may at its sole discretion refund the purchase price minus our order processing and banking fees (up to 10% of the purchase price). You have 30 days to request a refund, commencing from the date of purchase, and refunds will only be issued if Triadiktyo support cannot resolve the issue. Before issuing the refund, Triadiktyo will require evidence of the malfunction such as screenshots or excerpts from the Software Product’s log files. Triadiktyo will also require a letter of destruction of the Software Product on your company’s letterhead before Triadiktyo will process the refund.

Activation

The Software Product will require on-line activation to unlock its functionality. Once activated, the Software Product will only operate on the machine it was activated on. A machine identification code (Hardware ID) computed from the machine hostname, the disk volume serial number (UUID) and the disk serial number will be generated using a mathematical hash function and sent to the activation server along with the machine hostname. Note that the Triadiktyo activation server will never be sent (and hence Triadiktyo will never store) your actual UUID or the disk serial number since the mathematical hash function creating the Hardware ID will obscure this information. Triadiktyo will however retain the machine hostname to assist with any licensing issues that may come up. Triadiktyo will, at its sole discretion, allow moving the license to another machine only once.

License Grant

This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.

Ownership

All right, title and interest in and to the Software Product is owned and copyrighted by Triadiktyo or its third party suppliers. Your license confers neither title to nor ownership in the Software Product and is not a sale of any rights in Triadiktyo. Triadiktyo third party suppliers may protect their rights in the event of any violation of this License Agreement as if such suppliers were parties to this License Agreement. No license is given to you under any patent or patent application of Triadiktyo.

Restrictions on Transfer

Without first obtaining the express written consent of Triadiktyo, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.

Restrictions on Use

You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.

You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Software Product.

Restrictions on Alteration

You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product.

Restrictions on Copying

You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on a storage medium. You may make one archival copy.

Disclaimer of Warranties and Limitation of Liability

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY TRIADIKTYO, TRIADIKTYO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Triadiktyo makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Triadiktyo makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. TRIADIKTYO WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

UNDER NO CIRCUMSTANCES SHALL TRIADIKTYO, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF TRIADIKTYO OR ANY OTHER PARTY, EVEN IF TRIADIKTYO IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS TRIADIKTYO’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

Limitation of Remedies and Damages

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of Triadiktyo. Triadiktyo reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement.

You agree to indemnify and hold Triadiktyo harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Permission to use your company name and/or logo

By purchasing the Software Product, you agree that Triadiktyo may choose to use your company’s name and/or logo on our website http://subdi.vision (our Website) for marketing purposes. Use of your logo shall not constitute endorsement of the Software Product on your part, but shall simply state the fact that you have purchased and are using the Software Product. If chosen, your company name and/or logo will appear under a section of our Website called “The world’s best companies are using Subdivision”, seven or more days after order completion. Triadiktyo takes its client’s privacy extremely seriously and understands that you may not want your name and/or logo to be used for marketing purposes. Should you prefer that your name and/or logo not be used for marketing purposes, please email support@subdi.vision stating this fact. If your name and/or logo had been already selected and loaded on our Website at the time we receive the email, Triadiktyo will remove all mentions of your name and/or logo from our Website within 48 hours of your email.

Governing Law and Jurisdiction

These terms and conditions will be governed by and interpreted according to the Republic of Cyprus law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the Republic of Cyprus courts.

Severability

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

Entire Agreement

Unless otherwise expressly agreed in writing, this License Agreement constitutes the sole and exclusive agreement between you and Triadiktyo with regard to the Software, and supersedes all prior agreements, whether oral or written, and other communications between the parties relating to the subject matter set forth herein.