PKWARE®, INC. LICENSE AGREEMENT

READ CAREFULLY THE FOLLOWING TERMS & CONDITIONS:  Use of this software product (the "Software") constitutes your acceptance of these terms and conditions and your agreement to abide by them.  "Software" includes all updates, tutorials, training or instructional programs provided by PKWARE® with respect thereto. Software excludes any Shareware versions of software products which may be included on the media.  Software also excludes any software products not produced by PKWARE® which may be included on the media.

This is a legal agreement between you, the end user, and PKWARE®, INC. (the "Agreement").  BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU PURCHASED THIS PACKAGE DIRECTLY FROM PKWARE®, DO NOT INSTALL OR USE THE SOFTWARE; you may, however, promptly return the physical package and the accompanying items (including, media, written materials and binders or other containers) within thirty (30) days to PKWARE®  for a refund, less shipping and handling charges. For the return policy on an electronic package purchased and downloaded electronically from PKWARE®, please visit <http://www.pkware.com> for more information. RETURNS ARE SUBJECT TO A 15% RESTOCKING FEE.  If you obtained the software through a reseller, dealer or distributor, consult them for their return policy.

This Agreement is for the purchase of one license for use on one computer, for which the terms are stated below.  If this Software was obtained through the purchase of any other software license from PKWARE® (i.e. Volume License, OEM License, etc.), please refer to the related agreement for the terms and conditions.

1.  LICENSE. You, the end user, are granted a nonexclusive license to evaluate this Software under the terms stated in this Agreement.  This license allows you to evaluate the Software on one computer (i.e. a single CPU) at the same time for a period of thirty (30) days without charge. Use of the Software after the 30 day period requires payment of the registration fee in US Dollars drawn on a US bank. Current pricing, availability and order information can be obtained by directly contacting PKWARE®, Inc.  See contact information on the World Wide Web at http://www.pkware.com. Unregistered use of the Software after the evaluation period is in violation of U.S. and international copyright laws. On payment of the registration fee, this license allows you to continue using the software on one computer (i.e. a single CPU) at the same time.  You may not rent or lease the Software, but you may transfer it on a permanent basis if the person receiving it agrees to the terms of this Agreement.  If the Software is an update, any transfer must include the update and all prior versions. PKWARE® grants you the right to use the Software to create PKSFX® self-extracting files or PKSFX® self-extracting files containing PKPatchMaker™ files, but for personal use only, and to create and extract non-self-extracting .ZIP files.  Accordingly, you may not use the Software to create self-extracting files or self-extracting files containing PKPatchMaker™ files for institutional, commercial or business purposes or for any other purpose which is not of a personal nature without permission or a separately purchased distribution license.

If the physical package contains the Software on multiple media, then you may use only the media appropriate for your one computer.  You may NOT use the other media on another computer or loan, rent, lease, or transfer them to another user except as part of the permanent transfer (as provided above) of all the Software and accompanying items.

2.  COPYRIGHT.  All title and proprietary rights, including trade secrets, in the Software and any copies thereof and the accompanying written materials, are owned by PKWARE® and are protected by United States copyright laws, other applicable copyright laws and international treaty provisions.  PKWARE® retains all rights with respect to the Software not expressly granted herein.

3.  RESTRICTIONS.  You may not use, copy, alter, merge, adapt, modify, rent, lease or sublicense the Software or the accompanying written materials, or any copy thereof, in whole or in part, except as expressly provided in this Agreement or under applicable statutes.  You may not reverse-engineer, decompile or disassemble the Software.  You may not modify, or create derivative works based upon, the Software in whole or in part.  You may not copy the Software, or any portion thereof, except as specifically permitted by the terms of this Agreement.  However, the foregoing restrictions are limited so that they prohibit such activities only to the maximum extent such activities may be prohibited without violating applicable law.  The Software is licensed as a single product.  Its component parts may not be separated for use on more than one computer.

4.  TERM.  The license is effective until terminated.  Without prejudice to any other rights, PKWARE® may terminate this license automatically if you fail to comply with any of the terms of this Agreement.  Upon any termination of this Agreement, you agree to either return the Software to PKWARE® or destroy all copies of the Software, including without limitation, any associated written materials.

5.  LIMITED WARRANTY AND DISCLAIMER.  PKWARE® warrants that the media on which the Software is furnished is free from defects in materials or workmanship under normal use for a period of thirty (30) days from the date of receipt by you; PROVIDED HOWEVER, THAT THIS LIMITED WARRANTY IS VOID FOR DEFECTS RESULTING FROM ACCIDENT, ABUSE, OR MISAPPLICATION.  EXCEPT FOR THE FOREGOING, THE SOFTWARE AND ANY ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  FURTHER, PKWARE®  DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR THE WRITTEN MATERIALS OR THAT THEY ARE ERROR FREE.  THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE, AND FROM COUNTRY TO COUNTRY.  SOME STATES, COUNTRIES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  To the extent allowed by applicable law, implied warranties on the Software, if any, are also limited to thirty (30) days.

6.  LIMITATION OF REMEDIES.  EXCEPT TO THE EXTENT EXPRESSLY REQUIRED BY APPLICABLE STATUTES, THE ENTIRE LIABILITY OF PKWARE® AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO PRODUCT REPLACEMENT OR TO REFUND OF THE LICENSE FEE.

7.  LIMITATION OF LIABILITY.  EXCEPT TO THE EXTENT EXPRESSLY REQUIRED BY APPLICABLE LAW, PKWARE® SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR PECUNIARY LOSS ARISING OUT OF THE USE OF THE SOFTWARE, INABILITY TO USE THE SOFTWARE, OR ANY OTHER MATTER OR CIRCUMSTANCE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR (A) LOSS OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR BUSINESS INTERRUPTION, OR (C) ANY OTHER MATTER.  AS SOME STATES, COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU OR MAY BE LIMITED BY THOSE LAWS.

8.  INTERPRETATION.  If one or more provisions of this Agreement are held to be illegal or unenforceable under applicable law, such illegal or unenforceable portion(s) shall be limited or excluded from this Agreement to the minimum extent required so that this Agreement shall otherwise remain in full force and effect and enforceable in accordance with its terms.

9.  U.S. GOVERNMENT RESTRICTED RIGHTS.  The Software and any accompanying written materials are provided with RESTRICTED AND LIMITED RIGHTS.  Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14, Alternate III(g)(3), FAR 52.227-19(c), or DFARS 252.227-7013 (c)(1)(ii), as applicable.  Contractor/Manufacturer is PKWARE®, Inc., Brown Deer, Wisconsin.

10.   EXPORT RESTRICITIONS.  The US Government classifies this Software as exportable under License Exception TSU.  Accordingly, you agree that you will not export or re-export the Software, or any part thereof, or any process or service that is the direct product of the Software (the foregoing collectively referred to as the "Restricted Components"), to any country, person or entity subject to U.S. export restrictions.  You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; or (ii) to any person or entity who has been prohibited from participating in U.S. export transactions by any agency of the U.S. government.  You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges.

11.  GENERAL.  This Agreement shall be governed by and construed under the laws of the State of Wisconsin and the United States.  You agree that this Agreement is the complete and exclusive statement of the mutual understanding between us and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.  If any provision of this Agreement is found void, invalid or unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms.

12.  UPGRADES.  If the Software is labeled as an upgrade, you must be properly licensed to use a product identified by PKWARE® as being eligible for the upgrade in order to use the Software.  Software labeled as an upgrade of any software program replaces and/or supplements the product that forms the basis for your eligibility for the upgrade.  You may use the resulting upgraded software programs only in accordance with the terms of this License.  If the Software is an upgrade of a component of a package of software programs that you licensed as a single product, the Software may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.

SHOULD YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, OR IF YOU DESIRE TO CONTACT PKWARE® FOR ANY REASON, PLEASE CONTACT PKWARE® AT:

9025 NORTH DEERWOOD DRIVE
BROWN DEER, WI 53223
WWW.PKWARE.COM
INFO@PKWARE.COM

4/02 PKZIP®, PKLITE®, PKSFX®, PKZFIND™/PKZOOM™