WinZip® Copyright © 1991-2004 by WinZip Computing,
Inc.
All rights reserved.
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.
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.
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.
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.
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.
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.
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.