BPMN Visio Modeler 4.1.1

EULA - End User License Agreement

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 BPMN MODELER FOR VISIO.
Definition
Software: Refers to any version of the BPMN Modeler for Visio, offered by Trisotech inc. ("Trisotech"). It also includes computer software products owned by suppliers and partners of Trisotech, distributed by Trisotech, under agreement with the owners of such software.

User: The individual or entity using the Software.

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 Trisotech to place the Software in the public domain. Trisotech intends to retain, and does retain, all intellectual property and ownership rights in the Software.
General
The Software is licensed, not sold, to you by Trisotech, for use only under the terms of this License, and Trisotech reserves all rights not expressly granted to you. The rights granted herein are limited to Trisotech's intellectual property rights in the Software and do not include any other patents or intellectual property rights. You own the media on which the Software is recorded but Trisotech and/or Trisotech's licensor(s) retain ownership of the Software itself.
Permitted License Uses and Restrictions
This License allows User to download and use the 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 Software. You may not modify, network, rent, lease, loan, sublicense, assign or otherwise transfer the 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 Trisotech.
Term of License
The term of this License shall commence upon your installation or use of the 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. Trisotech may terminate this Agreement at any point upon notice to User if Trisotech 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 Trisotech 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 Software and destroy all copies, full or partial, of the Software.
Consent to Use of Data
User agrees that Trisotech 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 (if any) related to the Software, and to verify compliance with the terms of this License. Trisotech may use this information solely to improve its products or to provide services or technologies to User and will not disclose this information in a form that personally identifies User.
Disclaimer of Warranties
The Software may be incomplete and may contain inaccuracies or errors that could cause failures or loss of data. USER EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT USER SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH USER. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TRISOTECH AND TRISOTECH'S LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE 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. TRISOTECH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TRISOTECH OR A TRISOTECH AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, USER ASSUMES 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.
Limitation Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TRISOTECH 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 SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TRISOTECH 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 Trisotech'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.
Controlling Law and Severability
This License will be governed by and construed in accordance with the laws of Canada, as applied to agreements entered into and to be performed entirely within Canada between Canada's 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.
Complete Agreement
This License constitutes the entire agreement between the parties with respect to the use of the 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 Trisotech. 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.