SimpleDiagrams Desktop Licence Agreement

This agreement is between you and McQuillen Interactive Pty. Ltd. (ABN 49 600 623 069), of Victoria, Australia (we, us), and it governs your use of the SimpleDiagrams application for macOS (the Desktop App), however you obtained it. SimpleDiagrams Cloud is a separate product with its own terms.

1. The two ways to obtain the Desktop App

The Desktop App is sold on the Mac App Store and as a direct download from simplediagrams.com. The application is the same in both cases. What differs is who takes your payment, how the application is unlocked, and how updates reach you.

Mac App Store. Apple is the merchant. Your purchase is also subject to Apple's terms, and section 10 of this agreement contains additional terms that Apple requires. The application is unlocked by your purchase through Apple, and Apple delivers updates.

Direct download. Stripe processes the payment as merchant of record through Stripe Managed Payments. We issue you a licence key, and you unlock the application by entering that key. We tell you about updates by email, and you download them from our website.

2. Your licence

When you buy the Desktop App we grant you a perpetual, non-exclusive, non-transferable licence to install and use it for your own purposes, personal or business. A licence is for one person. You may use it on every Mac that you personally use, including a Mac you use at work where your employer permits it. It does not cover use by anyone else: if several people will use the Desktop App, each of them needs their own licence, whether they are family, colleagues, or members of the same organisation. If you obtained the application from the Mac App Store, Apple's Usage Rules apply instead of this paragraph and may allow more or fewer installations.

An organisation may buy licences for its people, one for each person. Each licence is then for the person it was bought for, and the organisation may move it to someone else when that person no longer needs it. This is the only exception to the licence being non-transferable.

The licence is perpetual. It does not expire, it is not a subscription, and a copy you have unlocked cannot be switched off remotely. Buying version 5 entitles you to version 5 and to the ordinary fixes and improvements we publish for it. A future major version may be a separate purchase; if it is, we will say so plainly, and it will not remove access to what you already bought.

How a licence is checked may change in a later version. Today the Desktop App checks a directly purchased licence on your own Mac and does not contact us. A later version may also confirm the licence with us over the internet, which can include activating each Mac you use it on, so that we can check that a licence is being used by one person. If we introduce that, we will say so plainly before you install that version, it will not reduce what this section grants you, and the version you already have will keep working as it does today.

3. Licence keys, for direct purchases

A licence key is a signed file of text that the Desktop App checks on your own Mac. It does not contact us, and no internet connection is needed to use the application once it is unlocked.

Your key does not expire, and neither does your licence. The same key keeps working if you reinstall the Desktop App or move to a new Mac, and it is always available in your account. You never need to register again, or pay again, to keep using what you bought. If you cannot reach your account, write to us and we will send you your key. A key we give out for a limited purpose, such as a review copy, may carry an end date, and the Desktop App shows that date.

Your key is yours, and only yours. Please keep it to yourself. Publishing a key, or giving it to anyone else, is a breach of this agreement, and that includes family, colleagues, and other people in your organisation, who each need their own licence. We may revoke a key that we have reasonable grounds to believe has been shared or published, and a later version of the Desktop App may refuse a revoked key.

4. The free trial

The Desktop App offers a seven-day trial that you start yourself. During the trial the whole application is available. When it ends, the application becomes view-only: you can open, view, copy, export, and print your diagrams, but not create new edits, until you buy a licence. Nothing is deleted, and nothing is charged automatically.

5. What you may not do

You may not sell, rent, sublicense, or redistribute the Desktop App or a licence key; remove or alter our notices; or work around the licence check. You may not decompile or reverse engineer the application, except where that restriction is void under the law that applies to you — in Australia, for example, the Copyright Act permits certain interoperability and error-correction activities, and nothing here limits those rights.

6. Your diagrams, and the shapes we supply

Your diagrams are yours. We claim no rights in what you draw, and the Desktop App keeps your files on your own Mac. The shapes, backgrounds, textures, and other artwork we supply with the application remain ours and are licensed to you under the SimpleDiagrams Service and Shape Licence, which lets you use them in the diagrams you make and share, and does not let you redistribute the artwork by itself.

7. Updates and support

We publish fixes and improvements when we have them. We do not promise a schedule. Mac App Store customers receive updates through Apple. Direct customers receive an email when a new version is available and download it from our website; the application does not update itself. Support for both is by email at support@simplediagrams.com.

8. Refunds

Mac App Store purchases are refunded by Apple, not by us, through Apple's own process. For direct purchases, our Refund and Cancellation Policy applies. Your rights under the Australian Consumer Law, or under equivalent consumer law where you live, apply in addition to anything in this agreement and are not excluded by it.

9. Warranties and liability

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Apart from those guarantees and any other rights you have that cannot be excluded, the Desktop App is provided as it is, without other warranties, and our total liability arising out of or in connection with this agreement is limited to the amount you paid for the licence. We are not liable for indirect or consequential loss. Please keep backups of your work: no software, ours included, is a substitute for them.

10. Additional terms that Apple requires

This section applies only if you obtained the Desktop App from the Mac App Store. Where it conflicts with the rest of this agreement, this section wins for those copies, and Apple's own Licensed Application End User Licence Agreement applies to the extent this agreement is silent.

1. This agreement is between you and McQuillen Interactive Pty. Ltd. only, not with Apple. We, not Apple, are responsible for the Desktop App and its content.
2. Your licence to use the Desktop App is limited to a non-transferable licence to use it on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
3. Apple has no obligation to furnish any maintenance or support services for the Desktop App.
4. If the Desktop App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the Desktop App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are our responsibility.
5. We, not Apple, are responsible for addressing any claims relating to the Desktop App or your possession and use of it, including product liability claims, any claim that it fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
6. If a third party claims that the Desktop App infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement, and discharge of that claim.
7. You represent that you are not located in a country subject to a United States Government embargo or designated as a terrorist-supporting country, and that you are not on any United States Government list of prohibited or restricted parties.
8. Apple and Apple's subsidiaries are third-party beneficiaries of this agreement, and upon your acceptance of it Apple will have the right to enforce it against you as a third-party beneficiary.
9. For questions, complaints, or claims about the Desktop App, contact us at support@simplediagrams.com.

11. Privacy

The Desktop App keeps your diagrams on your own Mac and sends us nothing about them. Our Privacy Policy explains what we hold, which for a direct purchase is the email address you bought with, your licence record, and what Stripe tells us about the payment.

12. Ending this agreement

This agreement lasts as long as your licence. We may end it if you materially breach it and do not put the breach right within a reasonable time of us asking. You may end it at any time by uninstalling the application. Ending it does not affect your rights under consumer law, and it does not give us any claim over your diagrams.

13. Governing law

This agreement is governed by the law of Victoria, Australia, and the courts of Victoria have non-exclusive jurisdiction. If you are a consumer somewhere else, you keep the benefit of any mandatory protections of your own country's law.