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The web pages served from the yworks.com domain, ("Site"), are owned and operated by yWorks GmbH ("yWorks," "we" or "us"), a German corporation, and are accessed by users of our Site ("You" or "User") under the Terms of Use as described below.

These Terms of Use are the terms under which You may use the functionality, content and services (collectively, "Services") offered to You by yWorks on or through our Site. Please read this page carefully. By accessing, browsing or using our Site or Services, You agree to be bound by these Terms of Use. If You do not accept these Terms of Use, do not use our Site or Services.


Terms of Use

Copyright

The contents of this Site, including but not limited to design and layout elements such as logos, graphics, sound, images and services, are the property of yWorks and protected by copyright laws. They may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works, in whole or in part unless expressly permitted by yWorks. You may not modify, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site. Proprietary notices and copyright information must be observed and followed. You must retain all copyright, trademarks, service marks and other proprietary notices contained in the original Site content.

yWorks grants You the non-exclusive, non-transferable, limited permission to access and display the web pages within this Site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this Site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

yWorks' Services may make use, operate or interface with third party software or other technology ("Third Party Software") that is licensed from, and owned by, a third party ("Third Party Licensor"). You agree that You will use Third Party Software in accordance with these Terms of Use and any other restrictions specified in the applicable license set forth or referenced along with it.

Trademarks

Even if not explicitly indicated, all names and trademarks mentioned on this Site are the property of their respective owners.

Modification

We may replace, amend or modify any of these Terms of Use, at our sole discretion, at any time without notice to You. Your continued use of our Site or Services constitutes acceptance of such changes. Please visit this page periodically to review the most current version of our Terms of Use.

Lawful Purpose

The Site may only be used for lawful purposes: You promise not to use this Site and its Services for any purpose that is unlawful or prohibited by these Terms of Use. You agree to abide by all applicable local, state, national and international laws and regulations.

Termination

yWorks may, at its sole discretion, terminate the use of its Site or remove Services within the Site, for any reason, and at any time.

You can terminate these Terms of Use by discontinuing using our Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, property rights provisions, warranty disclaimers, indemnity and limitations of liability.

Your failure to comply with the terms, conditions, and notices on this Site will result in automatic termination of any rights granted to You, without prior notice, and You must immediately destroy all copies of downloaded materials in Your possession or control. Except for the limited permission in the preceding paragraph, yWorks does not grant You any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this Site on another website or in any other media.

Disclaimer of Warranties, Limitations on Data and Hyperlinks

Your use of our Site or Services is solely at Your own risk. The Site and related Services are provided to You on an "As Is" and "As Available" basis, without warranties - to the maximum extent permitted by law - of any kind, whether express or implied, including but not limited to the warranties of merchantability, or fitness for a particular purpose.

We especially make no warranties that our Site will be available at any particular time or location, or that Your access or use of our Site or Services will be uninterrupted, timely, secure or error-free, or that any defects in the Site will be corrected, or that the Site or any server through which You access our Site is free of viruses or harmful components.

We use reasonable efforts to include up-to-date and accurate information in our Site, but we make no representations, warranties, or assurances as to the accuracy, currency or completeness of the information provided. No information or data obtained by You from yWorks through our Site shall create a warranty of any kind. yWorks shall not be liable for any damages or injury resulting from Your access to, or inability to access, this Site, or from Your reliance on any information provided at this Site or at any website to which this Site may post a hyperlink or reference.

yWorks is not responsible for the content or practices of third party websites that may be linked to this Site. Such links or pointers to other websites do not constitute an endorsement or approval by yWorks neither of the organizations that operate such websites nor on the content, privacy policies or other terms of use on such websites.

No Third Party Licensor will have any obligation or liability to You as a result of Your use of our Services. yWorks however agrees to pass through any warranties for Third Party Software made by the Third Party Licensor. yWorks makes and You receive no other warranty with respect to Third Party Software, neither express nor implied.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY LIABILITY IS EXCLUDED. In no event will yWorks be liable to You for any indirect, incidental, consequential, exemplary, special or punitive damages, including any loss of profit, revenue, business opportunity or data, arising from or relating to our Site or Services, whether in contract, in tort or otherwise, even if yWorks knew, should have known or has been advised of the possibility of such damages. yWorks' total cumulative liability arising from or related to this Agreement or the Software will not exceed one hundred US Dollars ($100.00).

Indemnification

You agree to defend, indemnify, and hold harmless yWorks, its affiliates and their employees, contractors, officers, directors and representatives from any liabilities, claims, damages, and expenses, including reasonable attorneys' fees, that arise from Your (i) use or misuse of our Site or Services; (ii) violation of these Terms of Use; or from Your (iii) infringement of any intellectual property or other right of any person or entity through Your use of our Site or Services.

Registration and Non-Disclosure

If applicable, You agree to provide true, accurate, current and complete information about Yourself as prompted by our registration forms.

To access certain files, features or services offered on or through the Site You will receive a password and user id ("Account") from yWorks. You are entirely responsible for maintaining the confidentiality of the information You hold for Your Account, including Your password, and for any and all activity that occurs under Your Account as a result of Your failing to keep this information secure and confidential. You agree to notify yWorks immediately of any unauthorized use of Your Account, or any other breach of security. You may be held liable for losses incurred by yWorks or any other user of or visitor to the Site due to someone else using Your user id and password as a result of Your failing to keep Your Account information secure and confidential.

Governing Law

These Terms of Use are made and shall be construed in accordance with the laws of Germany.



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