PC World 2004 July & August/PCWorld_2004-07-08_cd.bin/Software/topware/winzip/winzip90.exe/LICENSE.TXT

Text File | 2004-02-11 | 18KB | 366 lines

WinZip(R) Version 9.0 (6028)
Copyright (C) 1991-2004 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
titled WinZip Evaluation License.

WINZIP LICENSE
WINZIP COMPUTING, INC.

YOUR AGREEMENT TO THIS LICENSE

This License only applies to the English-language version of the
WinZip 9.0 software and its accompanying files, data and
materials ("WinZip"). You should carefully read the following
terms and conditions before using, installing, copying, or
distributing this software. Unless you have a different license
agreement signed by WinZip Computing, Inc. ("WCI"), your use,
installation, copying, or distribution 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 use, install, copy, or distribute 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 have/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, which may be used to create an unlimited number
of freely distributable, royalty-free, self-extracting Zip files.
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 use, install and
distribute WinZip solely as expressly provided in this License.
You may not rent, lease, loan, sublicense, 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 OF, 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 IN 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 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.

*** 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 LICENSE
EVALUATION VERSION
WINZIP COMPUTING, INC.

YOUR AGREEMENT TO THIS LICENSE

You should carefully read the following terms and conditions
before using, installing, copying, distributing, or transmitting
this software. By using, installing, copying, distributing, or
transmitting WinZip 9.0 ("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, install, copy,
distribute, or transmit 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 U.S. dollars drawn on a U.S.
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 a breach
of this License and a violation of U.S. and international
copyright laws.

Subject to all of the terms of this License, you may, without
making any payment to WCI:

a) give exact copies of this evaluation version of WinZip
   personally to anyone;

b) distribute exact copies of this evaluation version of WinZip,
   if done exclusively through electronic channels; and

c) make as many exact copies of this evaluation version of WinZip
   as you wish, for purposes of distribution as described in (a)
   and (b) above.

YOU ARE SPECIFICALLY PROHIBITED FROM CHARGING, OR REQUESTING
DONATIONS, FOR ANY COPIES, HOWEVER MADE, AND FROM DISTRIBUTING
SUCH COPIES WITH OTHER PRODUCTS OF ANY KIND, COMMERCIAL OR
OTHERWISE, WITHOUT PRIOR WRITTEN PERMISSION FROM WCI. WCI
RESERVES THE RIGHT TO REVOKE THE ABOVE DISTRIBUTION RIGHTS AT ANY
TIME, FOR ANY OR NO REASON.

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,
sublicense, 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 OF, 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 IN 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 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.

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