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WinZip® Copyright © 1991-2007 by WinZip International LLC
All rights reserved.
This registered license is for users who have obtained from WinZip Computing a valid registration code for WinZip® 11.1. If you have not obtained a valid registration code for WinZip® 11.1, see the section titled WinZip Evaluation License.
This License only applies to the executable code for the English-language version of the WinZip 11.1 software and any accompanying distributable files, data and materials ("WinZip"). You should carefully read the following terms and conditions before using, installing, copying, or distributing WinZip. Unless otherwise agreed in a writing signed by an authorized representative of WinZip Computing, S.L. ("WinZip Computing"), your use, installation, copying, or distribution of WinZip indicates your acceptance of this agreement ("License"). You understand and agree that the terms and conditions of this License are the only terms and conditions applicable to your purchase of this License or use of WinZip and any additional or different terms specified, referenced, and/or incorporated by any document provided by you or on your behalf are hereby rejected by WinZip Computing.
All registered copies of WinZip allow access to WinZip's Standard software features. Copies of WinZip registered using a Pro registration code also will allow access to the additional WinZip Pro software features. For a complete description of WinZip's Standard and Pro features, refer to www.winzip.com.
Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, or distribute WinZip. In addition, if you paid a license fee to WinZip Computing or an authorized WinZip Computing reseller, you may return to WinZip Computing or the reseller, as applicable, a copy of the registration code, registration file, or activation code, if any, and a signed Affidavit of De-Installation and Non-Use in the form set forth on the WinZip.com website, 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.
Subject to the terms of this License, WinZip Computing grants to you, for each Licensed Copy, a limited, non-exclusive, non-transferable, royalty-free, license to install and use WinZip, solely for your personal or internal business purposes.
If you have purchased a single-user license you have the right to install and use a single copy of WinZip on one computer or workstation for non-simultaneous use by one or more persons and install a second copy of WinZip on another computer or workstation for the exclusive use of the person who is the primary user of the first copy of WinZip. If you have purchased a multi-user license you have the right to install or access a copy of WinZip on multiple computers up to the number of "Licensed Copies" that you have acquired, as determined below.
You may not give, transfer or sell copies of WinZip to your customer(s), or any third party, in whole or in part, nor include copies of WinZip, in whole or in part, in, or with, products you sell.
Each Licensed Copy may be accessed through a network, provided that you have purchased 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 8 Licensed Copies of WinZip, regardless of whether the 8 workstations will access WinZip at different times, or concurrently.
For purposes of this License,
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.
If you have purchased a Multi-User Standard License or Multi-User Pro License, you are responsible for duplicating and distributing WinZip for use in accordance with the terms of this License, and for monitoring the number of copies of WinZip installed and used by your organization. Under a Multi-User License, you may install WinZip only on computers operated by, or on behalf of, your organization. Subject to United States export restrictions referenced below, other applicable laws and regulations, including the laws of countries other than the United States of America, and the other limitations set forth in this License, you may install and access Licensed Copies of WinZip on computers located anywhere in the world. For more information regarding multi-user licenses, please visit the WinZip Computing website at www.winzip.com.
All rights of any kind in WinZip which are not expressly granted in this License are entirely and exclusively reserved to and by WinZip Computing. WinZip is protected by the United States copyright laws and other applicable national and international 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, in whole or in part, 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. The license granted hereunder includes no rights in or to the source code version of WinZip.
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. Neither WinZip Computing nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, WinZip. Neither WinZip Computing nor any of its affiliates or licensors warrants 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. 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, WinZip Computing, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, WinZip. Any liability of WinZip Computing, its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to WinZip Computing. Except to the extent expressly prohibited by applicable statutes, in no event shall WinZip Computing, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of WinZip, or to your relationship with, WinZip Computing, its affiliates or licensors (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 WinZip Computing 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 loss of life. Any such use is entirely at your own risk, and you agree to hold WinZip Computing, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use.
WinZip is a "commercial item" as that term is defined at 48 C.F.R. 2.101. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire WinZip and any related documentation with only those rights set forth in this License.
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 WinZip Computing 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.
WinZip, including, without limitation, the information included in its accompanying distributable files, data and materials and any activation code and registration code files or information, and the know-how embodied in WinZip, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by WinZip Computing, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of WinZip Computing and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes, registration codes, or registration files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License.
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.
You may not assign, sublicense, subcontract, or otherwise transfer any of your rights or obligations or delegate any of your duties under this License, in whole or in part, without the prior written consent of WinZip Computing. Notwithstanding anything to the contrary, any assignment of this License or any rights or obligations hereunder is contingent upon the intended assignee agreeing to be bound by the terms of this License and all responsibilities and obligations of the assignor hereunder.
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 WinZip Computing herein.
Any waiver by WinZip Computing of any violation of this License by you shall not constitute, nor contribute to, a waiver by WinZip Computing 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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