Bizagi Connectors Xchange Terms of Service

1. Introduction

1.1 The Bizagi Connectors Xchange (“Connectors Xchange”) is owned and operated by Bizagi Limited (“Bizagi”). Your use of the Connectors Xchange is governed by a legal agreement between you and Bizagi consisting of the Bizagi Web Site Terms of Use (found at 

D. U.S. GOVERNMENT RESTRICTED RIGHTS

This Product, related materials and documentation have been developed entirely with private funds. If the user of the Product is an agency, department, employee, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Product, including technical data or manuals, is restricted by the terms, conditions and covenants contained in these Terms and Conditions. In accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies, use of the Product is further restricted by these Terms and Conditions.

E. EXPORT RESTRICTIONS

The Product may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.

F. AUTOMATIC UPDATES OR REMOVAL

Your copy of Bizagi BPM Suite may communicate with Bizagi or third-party servers from time to time to check for available updates to the Products, including Products developed and made available by third party developers, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. By installing these Products, you agree that such updates will be automatically requested and installed without further notice to you.

G. TERMINATION

These Terms and Conditions will continue to apply until terminated by either you or Bizagi as set forth below. You may terminate these Terms and Conditions at any time by permanently deleting the Product from your system or device in its entirety. Your rights automatically and immediately terminate without notice from Bizagi or any Third Party if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Product.

H. INDEMNITY

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Bizagi, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Product, including your downloading, installation, or use of the Product, or your violation of these Terms and Conditions.

I. DISCLAIMER OF WARRANTIES

1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PRODUCT IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.

2. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEM, HARDWARE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

3. BIZAGI FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE PRODUCT.

4. THE PRODUCT IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE PRODUCT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

J. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIZAGI, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE PRODUCT, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR SYSTEM, HARDWARE, OR OTHER DEVICE, WHETHER OR NOT BIZAGI OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

K. MISCELLANEOUS

1. These Terms and Conditions and any other terms incorporated by reference constitute the entire Agreement between you and Bizagi relating to the Product and govern your use of the Product, and completely replace any prior or contemporaneous agreements between you and Bizagi regarding the Product.

2. Any applicable open source software license to the extent that it applies to the Product, these Terms and Conditions, the Bizagi Web Site Terms of Use to the extent that it applies to the Product, and any other applicable Service-specific Terms of Service shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.

3. The failure of Bizagi to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to Bizagi.

4. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.

5. The rights granted in these Terms and Conditions may not be assigned or transferred by either you or Bizagi without the prior written approval of the other party. Neither you nor Bizagi are permitted to delegate their responsibilities or obligations under these Terms and Conditions without the prior written approval of the other party.

6. These Terms and Conditions and your relationship with Bizagi under these Terms and Conditions will be governed by the laws of England without regard to its conflict of laws provisions. You and Bizagi agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from these Terms and Conditions. Notwithstanding this, you agree that Bizagi will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.