This End User License Agreement ("EULA") is a legal agreement between you ("you" or "Licensee") and Document Node Pty Ltd, a company registered in Western Australia, Australia ("Document Node", "we", "us", or "our"), governing your use of the MarkNode desktop application (the "Software").
By installing, copying, or using the Software, you agree to be bound by this EULA. If you do not agree, do not install or use the Software.
1. License Grant
1.1 Free Tier
Subject to the terms of this EULA, Document Node grants you a non-exclusive, non-transferable, revocable license to install and use the Free tier of MarkNode on your personal devices at no charge.
1.2 Pro License (Perpetual)
Upon purchase of a Pro license, Document Node grants you a non-exclusive, non-transferable, perpetual license to install and use the Pro features of the version of MarkNode available at the time of purchase, and any updates included within the scope described at the time of sale, on the number of devices permitted by your license. The perpetual license applies to the Pro feature set; access to future major versions may require a new license or upgrade purchase.
1.3 Ultimate Subscription
Upon payment of the applicable subscription fees, Document Node grants you a non-exclusive, non-transferable license to use all MarkNode features, including cloud and AI features, for the duration of your active subscription. This license terminates automatically if your subscription lapses or is cancelled.
2. Restrictions
You may not:
- Copy, modify, merge, publish, distribute, sublicense, or sell copies of the Software, except as expressly permitted by this EULA;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction (for example, under applicable interoperability provisions);
- Remove, alter, or obscure any proprietary notices (including copyright notices) in the Software;
- Use the Software to develop a competing product or service, or to assist a third party in doing so;
- Transfer, assign, or sublicense your license to another party without our prior written consent.
3. Ownership
The Software is licensed, not sold. Document Node Pty Ltd retains all right, title, and interest in and to the Software, including all intellectual property rights. This EULA does not convey any ownership interest to you.
4. Third-Party and Open-Source Components
The Software incorporates third-party and open-source components. These components are licensed under their respective open-source licenses, which are acknowledged within the Software (accessible via the About dialog or a bundled acknowledgements file). Your use of those components is subject to their respective licenses.
5. Updates
We may release updates, patches, or new versions of the Software. Pro licensees receive updates as described in their purchase terms. Ultimate subscribers receive updates for the duration of their subscription. We reserve the right to change or discontinue features with reasonable notice.
6. Term and Termination
This EULA is effective from the date you first install or use the Software and continues until terminated.
- Free and Pro licenses — this EULA remains in effect indefinitely unless you breach its terms, in which case it terminates automatically upon notice from us.
- Ultimate subscriptions — this EULA terminates when your subscription ends or is cancelled.
Upon termination, you must stop using the Software and delete all copies. Sections 3, 7, 8, and 9 survive termination.
7. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
Nothing in this section excludes or limits any rights you may have under mandatory applicable consumer protection law (including Australian Consumer Law).
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOCUMENT NODE PTY LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) AUD $50.
Some jurisdictions do not permit the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
9. Governing Law
This EULA is governed by the laws of Western Australia, Australia, without regard to conflict-of-law principles. Any dispute arising under this EULA shall be subject to the exclusive jurisdiction of the courts of Western Australia, unless mandatory consumer protection laws in your jurisdiction grant you additional local rights.
10. Contact
Questions or complaints regarding this EULA should be directed to:
- Email: support@documentnode.io
- Entity: Document Node Pty Ltd
App Store Additional Terms
This section applies only to copies of MarkNode obtained through the Apple App Store. It supplements (and, where inconsistent, prevails over) the general EULA terms above solely with respect to App Store installs.
You and Document Node Pty Ltd acknowledge that this EULA is concluded between you and Document Node Pty Ltd only, and not with Apple Inc. ("Apple"). Apple is not a party to this EULA and is not responsible for the Software or its content.
The license granted to you in this EULA is limited to a non-transferable license to use the Software on any Apple-branded product that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
Maintenance and Support. Document Node Pty Ltd — not Apple — is solely responsible for providing maintenance and support services with respect to the Software, to the extent required under applicable law and as described in this EULA. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Software.
Warranty. Document Node Pty Ltd — not Apple — is responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed under this EULA. In the event of any failure of the Software to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Software. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation 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 Document Node Pty Ltd's sole responsibility.
Product Claims. Document Node Pty Ltd — not Apple — is responsible for addressing any claims you or any third party may have relating to the Software or your possession and/or use of the 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.
Intellectual Property. In the event of any third-party claim that the Software or your possession and use of the Software infringes a third party's intellectual property rights, Document Node Pty Ltd — not Apple — will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
Legal Compliance. You 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 are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Contact. Any questions, complaints, or claims with respect to the Software should be directed to: support@documentnode.io.
Third-Party Beneficiary. You 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 this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
Microsoft Store Additional Terms
This section applies only to copies of MarkNode obtained through the Microsoft Store. It supplements (and, where inconsistent, prevails over) the general EULA terms above solely with respect to Microsoft Store installs.
You and Document Node Pty Ltd acknowledge that this EULA is concluded between you and Document Node Pty Ltd only, and not with Microsoft Corporation ("Microsoft"). Microsoft is not a party to this EULA, is not the licensor of the Software, and is not responsible for the Software or its content.
No Microsoft Warranty or Support. Microsoft provides no warranty with respect to the Software and has no obligation to provide maintenance, technical support, or other services for the Software. Any such obligations are Document Node Pty Ltd's sole responsibility as set out in this EULA.
No Microsoft Liability. Microsoft is not liable for any losses or damages arising from your use of, or inability to use, the Software. All liability (to the extent not excluded by applicable law) rests solely with Document Node Pty Ltd as described in the Limitation of Liability section of this EULA.
Developer Contact. Any questions, complaints, or claims with respect to the Software should be directed to: support@documentnode.io.