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WinZip(R) Version 9.0 PRE-RELEASE BETA TEST VERSION (5611)
Copyright (C) 1991-2003 WinZip Computing, Inc.
All Rights Reserved
For ordering information, see the file ORDER.TXT.
*** WINZIP STANDARD LICENSE ***
This license applies to the standard-licensed version of WinZip. If
you have an evaluation version of WinZip, see the section below
titled WinZip Evaluation License.
WINZIP LICENSE
WINZIP 9.0 BETA
WINZIP COMPUTING, INC.
ABOUT BETA TEST SOFTWARE
It is important to understand that beta test software may not be
fully debugged. We, like other software vendors, post pre-release
versions of our software to give customers a chance to try the new
features, comment on them, and report any problems. If you are not
familiar with WinZip, or you are not comfortable using Zip files,
then we recommend that you not use this pre-release version.
YOUR AGREEMENT TO THIS LICENSE
You should carefully read the following terms and conditions before
using or installing this software. Unless you have a different
license agreement signed by WinZip Computing, Inc. ("WCI"), your
use or installation of WinZip indicates your acceptance of this
agreement ("License").
If you do not agree to all of the terms and conditions of this
License, then: (a) do not copy, install or use any copy of WinZip
with which this License is included, and (b) in addition, if you
paid WCI or an authorized WCI reseller for a package consisting of
one or more copies of WinZip, you may return the complete package
unused, within thirty (30) days after purchase, for a full refund of
the license fee. The terms and conditions of this License describe
the permitted use and user(s) of each Licensed Copy of WinZip. For
purposes of this License, if you have a valid single-copy license,
you have the right to use a single "Licensed Copy" of WinZip; if you
or your organization has a valid multi-user license, then you or
your organization have/has the right to use up to a number of
"Licensed Copies" of WinZip equal to the number of copies indicated
in the documents issued by WCI when granting the license.
SCOPE OF LICENSE
Each Licensed Copy of WinZip may either be used by a single person
who uses the software personally on one or more computers, or
installed on a single workstation used nonsimultaneously by multiple
people, but not both. This is not a concurrent use license.
Each Licensed Copy may be accessed through a network, provided that
you have purchased rights to use a Licensed Copy for each
workstation that will access WinZip through the network. For
instance, if 8 different workstations will access WinZip on the
network, you must purchase rights to use 8 Licensed Copies of
WinZip, regardless of whether the 8 workstations will access WinZip
at different times or concurrently.
Each Licensed Copy of WinZip includes WinZip Self-Extractor Personal
Edition. SELF-EXTRACTING ZIP FILES CREATED BY THE WINZIP
SELF-EXTRACTOR PERSONAL EDITION COMPONENT OF THIS BETA TEST VERSION
OF WINZIP SHOULD ONLY BE USED FOR TEST PURPOSES AND ARE NOT LICENSED
FOR PRODUCTION USE. These self-extracting Zip files contain, among
other things, a portion of WinZip Self-Extractor Personal Edition,
including copyrighted software, proprietary notices, and identifying
information (the "Extraction Software"). You may not alter or
modify the Extraction Software, nor permit anyone else to do so.
All rights of any kind in WinZip which are not expressly granted in
this License are entirely and exclusively reserved to and by WCI.
WinZip is protected by the United States copyright laws and other
applicable laws and treaties. You may install and use WinZip solely
as expressly provided in this License. You may not rent, lease,
modify, translate, reverse engineer, decompile, disassemble, or
create derivative works based on, WinZip, nor permit anyone else to
do so. You may not make access to WinZip available to others in
connection with a service bureau, application service provider, or
similar business, nor permit anyone else to do so.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS
WINZIP, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND
MATERIALS, ARE DISTRIBUTED AND PROVIDED "AS IS" AND WITH NO
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. WCI DOES NOT WARRANT, GUARANTEE, OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF
WINZIP. WCI DOES NOT WARRANT THAT THE OPERATION OF WINZIP WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT THE USE OF ANY PASSWORDS AND/OR
ENCRYPTION FEATURES WILL BE EFFECTIVE IN PREVENTING THE
UNINTENTIONAL DISCLOSURE OF INFORMATION CONTAINED IN ANY FILE.
Further, there is no warranty for the optional virus scanning
feature. (WinZip does not scan for viruses; it simply runs external
programs that claim to perform this function.) You acknowledge that
good data processing procedure dictates that any program, including
WinZip, must be thoroughly tested with non-critical data before
there is any reliance on it, and you hereby assume the entire risk
of all use of the copies of WinZip covered by this License. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
LICENSE.
EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE STATUTES,
WCI SHALL NOT BE LIABLE FOR ANY DAMAGE OR FINANCIAL LOSS ARISING OUT
OF THE USE OF, OR INABILITY TO USE, WINZIP. ANY LIABILITY OF WCI
WILL BE LIMITED EXCLUSIVELY TO REFUND OF THE LICENSE FEE PAID TO
WCI. EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE
STATUTES, IN NO EVENT SHALL WCI, OR ITS PRINCIPALS, SHAREHOLDERS,
OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR
PARENT ORGANIZATIONS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER RELATING TO
THE USE OF WINZIP, OR TO YOUR RELATIONSHIP WITH WCI, (INCLUDING
WITHOUT LIMITATION, LOSS OR DISCLOSURE OF DATA OR INFORMATION, LOSS
OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR BUSINESS ADVANTAGE, OR
BUSINESS INTERRUPTION), WHETHER BASED UPON A CLAIM OR ACTION OF
CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION,
INDEMNITY OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, IN NO EVENT DOES WCI AUTHORIZE YOU OR ANYONE ELSE TO
USE WINZIP IN APPLICATIONS OR SYSTEMS WHERE WINZIP'S FAILURE TO
PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT
PHYSICAL INJURY, OR LOSS OF PROPERTY OR IN LOSS OF LIFE. ANY SUCH
USE IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD WCI HARMLESS
FROM ANY AND ALL CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.
RESTRICTED RIGHTS
WinZip is provided with "Restricted Rights". Use, modification,
duplication, release, performance, display or disclosure by the U.S.
Government or government contractors is subject to the restrictions
set forth in subparagraph (c)(1) and (2) of the Commercial Computer
Software Restricted Rights clauses at 48 CFR 52.227-19 and the
provisions relating to Rights in Commercial Computer Software or
Commercial Computer Software Documentation at 48 CFR 227.7202-3.
EXPORT RESTRICTIONS
WinZip is subject to certain export restrictions of the United
States Government. If you are (a) in a country to which export from
the United States is restricted for anti-terrorism reasons, or a
national of any such country, wherever located, (b) in a country to
which the United States has embargoed or restricted the export of
goods or services, or a national of any such country, wherever
located, or (c) a person or entity who has been prohibited from
participating in United States export transactions by any agency of
the United States Government, then you may not install, download,
access, use or license WinZip. By accepting this License, you
warrant and represent to WCI that (1) you do not match the criteria
set forth in (a), (b) or (c) above, (2) that you will not export or
re-export WinZip to any country, person or entity subject to U.S.
export restrictions, including those persons and entities that match
the criteria set forth in (a), (b) or (c) above, and (3) that
neither the United States Bureau of Industry and Security nor any
other U.S. federal agency has suspended, revoked, or denied your
export privileges.
GENERAL
This License is the complete statement of the agreement between the
parties on the subject matter, and merges and supersedes all other
or prior understandings, purchase orders, agreements and
arrangements. This License shall be governed by the laws of the
State of Connecticut, without regard to Connecticut choice-of-law
rules. Exclusive jurisdiction and venue for all matters relating to
this License shall be in courts and fora located in the State of
Connecticut, and you consent to such jurisdiction and venue. There
are no third-party beneficiaries of any promises, obligations or
representations made by WCI herein. Any waiver by WCI of any
violation of this License by you shall not constitute, nor
contribute to, a waiver by WCI of any other or future violation of
the same provision, or any other provision, of this License. If any
part of this License or the application thereof to any person or
circumstance, is for any reason held invalid or unenforceable, it
shall be deemed severable and the validity of the remainder of this
License or the applications of such provision to other persons or
circumstances shall not be affected thereby.
*** WINZIP EVALUATION LICENSE ***
This license applies to the evaluation version of WinZip. If you do
not have an evaluation version of WinZip, see the section above
titled WinZip Standard License.
WINZIP 9.0 BETA LICENSE
EVALUATION VERSION
WINZIP COMPUTING, INC.
ABOUT BETA TEST SOFTWARE
It is important to understand that beta test software may not be
fully debugged. We, like other software vendors, post pre-release
versions of our software to give customers a chance to try the new
features, comment on them, and report any problems. If you are not
familiar with WinZip, or you are not comfortable using Zip files,
then we recommend that you not use this pre-release version.
YOUR AGREEMENT TO THIS LICENSE
You should carefully read the following terms and conditions before
using, copying or installing this software. By using, copying or
installing WinZip 9.0 Beta ("WinZip"), you agree to all of the terms
of this agreement ("License").
Please read the license terms below. If you do not agree to all of
the terms of this License, then do not use, copy or install WinZip.
SCOPE OF LICENSE
This is not free software. Subject to the terms below, you are
hereby licensed by WinZip Computing, Inc. ("WCI") to use one copy
of WinZip, on one (1) computer or workstation, for evaluation
purposes without charge for a period of 21 days. If you use this
software after the 21-day evaluation period a license fee of $29 is
required. Payments must be in US dollars drawn on a US bank, and
should be sent to WinZip Computing, Inc., P.O. Box 540, Mansfield,
CT 06268, USA. Use of WinZip after the 21-day evaluation period
without payment of the license fee is in violation of U.S. and
international copyright laws.
Self-extracting Zip files created by WinZip's Self-Extractor
Personal Edition component contain, among other things, a portion of
WinZip Self-Extractor Personal Edition, including copyrighted
software, proprietary notices, and identifying information (this
portion is the "Extraction Software"). You may not alter or modify
the Extraction Software, nor give anyone permission to do so. UNDER
NO CIRCUMSTANCES ARE YOU LICENSED TO DISTRIBUTE SELF-EXTRACTING ZIP
FILES CREATED BY THE EVALUATION VERSION OF WINZIP SELF-EXTRACTOR.
All rights of any kind in WinZip which are not expressly granted in
this License are entirely and exclusively reserved to and by WCI.
WinZip is protected by the United States copyright laws and other
applicable laws and treaties. You may not rent, lease, modify,
translate, reverse engineer, decompile, disassemble, or create
derivative works based on, WinZip. You may not make access to
WinZip available to others in connection with a service bureau,
application service provider, or similar business, nor permit anyone
else to do so.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS
WINZIP, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND
MATERIALS, ARE DISTRIBUTED AND PROVIDED "AS IS" AND WITH NO
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. WCI DOES NOT WARRANT, GUARANTEE, OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF
WINZIP. WCI DOES NOT WARRANT THAT THE OPERATION OF WINZIP WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT THE USE OF ANY PASSWORDS AND/OR
ENCRYPTION FEATURES WILL BE EFFECTIVE IN PREVENTING THE
UNINTENTIONAL DISCLOSURE OF INFORMATION CONTAINED IN ANY FILE.
Further, there is no warranty for the optional virus scanning
feature. (WinZip does not scan for viruses; it simply runs external
programs that claim to perform this function.) You acknowledge that
good data processing procedure dictates that any program, including
WinZip, must be thoroughly tested with non-critical data before
there is any reliance on it, and you hereby assume the entire risk
of all use of the copies of WinZip covered by this License. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
LICENSE.
EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE STATUTES,
WCI SHALL NOT BE LIABLE FOR ANY DAMAGE OR FINANCIAL LOSS ARISING OUT
OF THE USE OF, OR INABILITY TO USE, WINZIP. ANY LIABILITY OF WCI
WILL BE LIMITED EXCLUSIVELY TO REFUND OF THE LICENSE FEE PAID TO
WCI. EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE
STATUTES, IN NO EVENT SHALL WCI, OR ITS PRINCIPALS, SHAREHOLDERS,
OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR
PARENT ORGANIZATIONS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER RELATING TO
THE USE OF WINZIP, OR TO YOUR RELATIONSHIP WITH WCI, (INCLUDING
WITHOUT LIMITATION, LOSS OR DISCLOSURE OF DATA OR INFORMATION, LOSS
OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR BUSINESS ADVANTAGE, OR
BUSINESS INTERRUPTION), WHETHER BASED UPON A CLAIM OR ACTION OF
CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION,
INDEMNITY OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, IN NO EVENT DOES WCI AUTHORIZE YOU OR ANYONE ELSE TO
USE WINZIP IN APPLICATIONS OR SYSTEMS WHERE WINZIP'S FAILURE TO
PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT
PHYSICAL INJURY, OR LOSS OF PROPERTY OR IN LOSS OF LIFE. ANY SUCH
USE IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD WCI HARMLESS
FROM ANY AND ALL CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.
RESTRICTED RIGHTS
WinZip is provided with "Restricted Rights". Use, modification,
duplication, release, performance, display or disclosure by the U.S.
Government or government contractors is subject to the restrictions
set forth in subparagraph (c)(1) and (2) of the Commercial Computer
Software Restricted Rights clauses at 48 CFR 52.227-19 and the
provisions relating to Rights in Commercial Computer Software or
Commercial Computer Software Documentation at 48 CFR 227.7202-3.
EXPORT RESTRICTIONS
WinZip is subject to certain export restrictions of the United
States Government. If you are (a) in a country to which export from
the United States is restricted for anti-terrorism reasons, or a
national of any such country, wherever located, (b) in a country to
which the United States has embargoed or restricted the export of
goods or services, or a national of any such country, wherever
located, or (c) a person or entity who has been prohibited from
participating in United States export transactions by any agency of
the United States Government, then you may not install, download,
access, use or license WinZip. By accepting this License, you
warrant and represent to WCI that (1) you do not match the criteria
set forth in (a), (b) or (c) above, (2) that you will not export or
re- export WinZip to any country, person or entity subject to U.S.
export restrictions, including those persons and entities that match
the criteria set forth in (a), (b) or (c) above, and (3) that
neither the United States Bureau of Industry and Security nor any
other U.S. federal agency has suspended, revoked, or denied your
export privileges.
GENERAL
This License is the complete statement of the agreement between the
parties on the subject matter, and merges and supersedes all other
or prior understandings, purchase orders, agreements and
arrangements. This License shall be governed by the laws of the
State of Connecticut, without regard to Connecticut choice-of-law
rules. Exclusive jurisdiction and venue for all matters relating to
this License shall be in courts and fora located in the State of
Connecticut, and you consent to such jurisdiction and venue. There
are no third-party beneficiaries of any promises, obligations or
representations made by WCI herein. Any waiver by WCI of any
violation of this License by you shall not constitute or contribute
to a waiver of any other or future violation by you of the same
provision, or any other provision, of this License. If any part of
this License or the application thereof to any person or
circumstance, is for any reason held invalid or unenforceable, it
shall be deemed severable and the validity of the remainder of this
License or the applications of such provision to other persons or
circumstances shall not be affected thereby.
DISTRIBUTION OF THIS PRE-RELEASE BETA TEST VERSION
This is a PRE-RELEASE BETA TEST version of WinZip. You are
specifically prohibited from making this software available for
direct download from Web sites or FTP sites, and from distributing
this software on CD-ROMs or other media.
If you know anyone else who would like to try this Beta Test version
of WinZip, please let them know that they can obtain it from our web
site at http://www.winzip.com/beta.htm
If you are interested in distributing evaluation copies of the
current shipping version of WinZip, please go to
http://www.winzip.com, download the evaluation version of WinZip 8.1
(not the beta version of WinZip 9.0), and review the license
agreement for that version of the software.
###