Freeware Bizagi Process Modeler
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE PRESSING THE "AGREE" BUTTON. BY PRESSING "AGREE," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PRESS "DISAGREE" AND YOU WILL BE UNABLE TO DOWNLOAD OR USE THE BIZAGI PROCESS MODELER.
a. The Bizagi Software. Refers to Bizagi Process Modeler, offered by Bizagi Lmtd as Freeware, i.e. available for use without payment of licensing fees. It also includes computer software products owned by suppliers of Bizagi Lmtd., distributed by Bizagi Lmtd. under agreement with the owners of such software.
b. User. The individual or entity using this product. c. License. The right for User to use the Software pursuant to the terms and conditions defined herein. The absence of a license fee shall in no way be an indication of a willingness or desire on the part of Bizagi Lmtd. to place the Software in the public domain. Bizagi Lmtd. intends to retain, and does retain, all intellectual property and ownership rights in the Software.
2. General. The Bizagi and any third party software, documentation and any fonts accompanying this License (collectively the "Bizagi Software") are licensed, not sold, to you by Bizagi Lmtd. ("Bizagi") for use only under the terms of this License, and Bizagi reserves all rights not expressly granted to you. The rights granted herein are limited to Bizagi’s intellectual property rights in the Bizagi Software and do not include any other patents or intellectual property rights. You own the media on which the Bizagi Software is recorded but Bizagi and/or Bizagi’s licensor(s) retain ownership of the Bizagi Software itself.
3. Permitted License Uses and Restrictions.This License allows you to download and use the Bizagi Software on an unlimited number of computers. User may distribute the Software to third-parties only where such third-parties are aware of, and agree to be bound by, the terms and conditions contained in this Agreement. Such distribution shall include all files associated with the Software. Except as and only to the extent expressly permitted in this License or by applicable law, you may not decompile, reverse engineer or disassemble the Bizagi Software. You may not modify, network, rent, lease, loan, sublicense, assign or otherwise transfer the Bizagi Software in whole or in part. The Software may not be used to support any third party product without the express written consent of an authorized representative of Bizagi. THE BIZAGI SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE BIZAGI SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
4. Term of License. The term of this License shall commence upon your installation or use of the Bizagi Software and will remain effective until this Agreement is terminated. The User may terminate this Agreement at any time by destroying all copies of the Software. Bizagi Lmtd. may terminate this Agreement at any point upon notice to User if Bizagi Lmtd. ceases to offer Freeware licenses, or changes the terms and conditions under which such licenses are offered, and User is unwilling to accept the revised terms and conditions. Your rights under this License will also terminate automatically without notice from Bizagi if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Bizagi Software and destroy all copies, full or partial, of the Bizagi Software.
5. Consent to Use of Data. You agree that Bizagi and its subsidiaries may collect and use technical information that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Bizagi Software, and to verify compliance with the terms of this License. Bizagi may use this information solely to improve our products or to provide services or technologies to you and will not disclose this information in a form that personally identifies you.
6. Disclaimer of Warranties. The Bizagi Software may be incomplete and may contain inaccuracies or errors that could cause failures or loss of data. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE BIZAGI SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BIZAGI SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BIZAGI AND BIZAGI’S LICENSORS (COLLECTIVELY REFERRED TO AS "BIZAGI" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE BIZAGI SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BIZAGI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE BIZAGI SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE BIZAGI SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE BIZAGI SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE BIZAGI SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BIZAGI OR A BIZAGI AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE BIZAGI SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BIZAGI BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE BIZAGI SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BIZAGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Bizagi’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Notwithstanding the foregoing, Bizagi will defend and indemnify Licensee against any third party claim that the Bizagi Software infringes the copyright or patent of any third party.
8. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the United Kingdom, as applied to agreements entered into and to be performed entirely within The United Kingdom between United Kingdom residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Bizagi Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Bizagi. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.