Freeware Bizagi Process Modeler License Agreement

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.

1. Definitions.
a. The Bizagi Software. Refers to Bizagi Process Modeler, offered by Bizagi Group
Ltd or one of its subsidiaries as Freeware, i.e. available for use without payment
of licensing fees. It also includes computer software products owned by suppliers
of Bizagi Group Ltd distributed by Bizagi Group Ltd 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 Group Ltd or one of its subsidiaries ("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.