Company

About TreePlan Software Warranty and Privacy
License Agreement Trademarks and Copyright

TreePlan Software

TreePlan Software is a San Francisco based company providing decision analysis add-ins for Excel: TreePlan for decision trees, SensIt for sensitivity analysis, and SimVoi for Monte Carlo simulation. TreePlan Software has been in business since 1991 and is registered with the City and County of San Francisco.

 

mike-middleton-2011

Mike Middleton (Michael R. Middleton) is the primary software developer at TreePlan Software. His first decision analysis software project was completed in 1972 while he was a Ph.D. student at Stanford University, and he developed the first version of the TreePlan decision tree add-in for Excel in 1992.

Mike is the author of four editions of the book Data Analysis Using Microsoft Excel. During 1977-2008 he was a full-time Professor in the School of Management, University of San Francisco, where he taught undergraduate, M.B.A., and Executive M.B.A. courses in decision modeling and data analysis.

Education

  • Ph.D., Stanford University, Graduate School of Business, Operations & Systems Analysis
  • M.S., Stanford University, School of Engineering, Operations Research
  • M.B.A., University of Iowa, Business
  • B.S., Iowa State University, Electrical Engineering

 

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Nancy Padgett provides assistance in business operations, copy editing, and customer relations for TreePlan Software. She earned an M.B.A. from University of California, Berkeley, and she has worked in academic administration at Stanford University and University of California at the Berkeley National Lab.

Nancy earned a B.A. in History at Emory University and a Ph.D. in modern European history at Stanford University, and she was a faculty member at the University of Illinois. One of her current projects includes research, travel, and writing for her web site, History Travels With Nancy.

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License Agreement

Introduction Carefully read the following license agreement. This is a contract. By downloading, accepting delivery of, installing, or using any part of the Software, licensee agrees to be bound by all terms and conditions of this license.

Definitions The software product, “Software,” means the Pro, Student, or Trial version of TreePlan, SensIt, or SimVoi, including the Excel add-in files, associated example files, and electronic documentation files, and also any updates or modifications of the foregoing provided by TreePlan Software.

The licensor, “TreePlan Software” or “We” or “Us” or “Our,” means Mike Middleton or Michael R. Middleton, doing business as TreePlan Software, a sole proprietorship, located at 2105 Buchanan Street, #1, San Francisco, CA 94115 USA.

The licensee, “You” or “Your,” means the individual person or a single organizational entity that is being licensed to use the Software.

This license agreement, “Agreement,” means this legal and binding agreement between you and TreePlan Software for the Software you are about to download, install, or use.

“Use” of the Software means the use of any of the Software functions to define, solve, analyze, or obtain results for a user-defined model.

Ownership The Software is owned and copyrighted by TreePlan Software. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software. We remain the sole owner of all rights, title, and interest in the Software and related explanatory written and electronic materials. You acknowledge that no title to the intellectual property in the Software is transferred to you by the license. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of TreePlan Software and that you will not acquire any rights to the Software except as expressly set forth in this license.

Copyright The Software is protected by United States copyright laws and international treaty provisions.

Pro License Upon purchase or receipt of a Pro license, you may install and use the Pro version of the Software for single individual use on multiple computers, or you may install the Pro version on a single computer for shared use, but not both.

Student License The Student license is only for instructional use by students and instructors, and the Software may not be used for commercial purposes. Upon purchase or receipt of a Student license, you may install and use the Student version of the Software for single individual use on multiple computers, or you may install the Student version on a single computer for shared use, but not both.

Trial License TreePlan Software grants you the right to install and use the Trial version of the Software free of charge for single individual use on one computer for no longer than thirty days, after which you must delete all of the Software files from your computer. During the Trial period the Software is licensed only for evaluation and may not be used for commercial, instructional, or other production purposes.

Volume Licenses For a volume purchase of Pro or Student licenses for a group of individual users, the primary purchaser may duplicate and distribute the corresponding version of the Software to those licensed users by disk, secure network, secure web site, or email attachment. For any method of distribution, the Software must be accessible only to people who have a license.

For a volume purchase of Pro or Student licenses for shared use on a group of computers, each computer must have its own license, regardless of whether the Software is used at different times or concurrently. The Software may be installed on each licensed computer or on a network, provided there is a license for each computer that will access the Software through the network.

For a volume purchase, TreePlan Software provides support only to the primary purchaser or to another person designated by the purchaser.

Backup Copy You may copy the Software for backup and archival purposes, provided that the original and each copy is kept in your possession and is not available to others.

Accessibility You may not place the Software onto a server so that it is accessible via a public network such as the Internet.

License Transfer You may not sublicense, sell, lease, rent, assign or otherwise transfer the license rights granted herein without the prior written consent of TreePlan Software.

Modifications You may not modify or adapt the Software or merge it into another program.

Reverse Engineering You may not reverse engineer, disassemble, decompile, or make any attempt to discover the source code of the Software.

Sublicensing You may not sublicense, rent, lease, or lend any portion of the Software and related explanatory written and electronic materials.

Limited Warranty We warrant that for a period of 90 days after delivery of this copy of the Software to you the Software will perform in substantial accordance with the related explanatory materials.

To the extent permitted by applicable law, the foregoing limited warranty is in lieu of all other warranties or conditions, express or implied, and we disclaim any and all implied warranties or conditions, including any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose, regardless of whether we know or had reason to know of your particular needs.

No employee, agent, dealer, reseller, or distributor of ours is authorized to modify this limited warranty nor to make any additional warranties.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.

Limited Remedy Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either return the price you paid or replace the Software file that does not meet the foregoing warranty.

In no event will we be liable to you for any damages, including any lost profits, lost savings, or other incidental or consequential damages arising from the use or the inability to use the Software (even if we or an authorized dealer, reseller, or distributor has been advised of the possibility of these damages), or for any claim by any other party.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.

Termination This license agreement takes effect upon your use of the Software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and related explanatory materials in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and related explanatory materials in your possession.

Confidentiality The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. Any use or disclosure of the Software, or of its algorithms, protocols or interfaces, other than in strict accordance with this license agreement, may be actionable as a violation of our trade secret rights.

General Provisions This written license agreement is the exclusive agreement between you and us concerning the Software and related explanatory materials and supersedes any prior purchase order, communication, advertising or representation concerning the Software.

This license agreement may be modified only by a writing signed by you and us.

In the event of litigation between you and us concerning the Software or related explanatory materials, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.

This license agreement is governed by the laws of the State of California.

You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.

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Warranty

We warrant that for a period of 90 days after delivery of this copy of the Software to you the Software will perform in substantial accordance with the related explanatory materials.

To the extent permitted by applicable law, the foregoing limited warranty is in lieu of all other warranties or conditions, express or implied, and we disclaim any and all implied warranties or conditions, including any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose, regardless of whether we know or had reason to know of your particular needs.

No employee, agent, dealer, reseller, or distributor of ours is authorized to modify this limited warranty nor to make any additional warranties.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.

Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either return the price you paid or replace the Software file that does not meet the foregoing warranty.

In no event will we be liable to you for any damages, including any lost profits, lost savings, or other incidental or consequential damages arising from the use or the inability to use the Software (even if we or an authorized dealer, reseller, or distributor has been advised of the possibility of these damages), or for any claim by any other party.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.

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Privacy

We respect your right to privacy and will hold your private information in confidence. We will not divulge your personal information to marketers or other third parties. If necessary, we may divulge your information for reasons related to net abuse, collection of money owed us, or compliance with law. We may occasionally use your information to contact you regarding new versions of our products. Our web site does not use cookies.

When you purchase one of our products via SWREG (Digital River), our order-processing service, we receive your name, email and physical address, the payment method you used (e.g., Visa, MasterCard, etc.), your phone number, and the date and time of the order. SWREG uses encryption to protect your credit card number and other details, and we do not see your credit card number. For more information about SWREG’s privacy and security policies, please consult their web site, http://www.SWREG.org.

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Trademarks

TreePlan, SensIt, SimVoi, and TreePlan Software are trademarks or registered trademarks of Michael R Middleton dba TreePlan Software.

All other trademarks are property of their respective owners.

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Copyright

The web pages and the TreePlan, SensIt, and SimVoi add-ins, user guides, and example workbooks are
Copyright © 2017 Michael R Middleton dba TreePlan Software. All Rights Reserved.

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