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WinZip® Copyright © 1991-2007 by WinZip International LLC
All rights reserved.
This license applies to the evaluation version of WinZip®. If you do not have an evaluation version of WinZip, see the section titled WinZip Standard 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, distributing, or transmitting this software. By using, installing, copying, distributing, or transmitting WinZip without registering your copy of WinZip, you agree to all of the terms of this evaluation license agreement ("License"). Refer to www.winzip.com for information about pricing, multi-user licensing, and registration options.
All registered copies of WinZip allow access to WinZip's Standard software features. Copies of WinZip registered using a Pro registration code will also 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, distribute, or transmit WinZip.
This is not free software. Subject to the terms below, you are hereby licensed by WinZip Computing, S.L. ("WinZip Computing") to use for evaluation purposes only one (1) copy of WinZip, on one (1) computer or workstation, without charge, for a period of 45 days after you first install WinZip on any computer or workstation. If you want to use this software after the 45-day evaluation period, you must acquire from WinZip Computing for a fee a single-user license or multi-user license for WinZip. Refer to www.winzip.com for information about Standard and Pro license pricing, multi-user licensing, and ordering options. Use of WinZip after the expiration of the 45-day evaluation period without acquiring such a license from WinZip Computing is outside the scope 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 WinZip Computing:
For purposes of the foregoing, an "exact copy" of WinZip means a file that is identical, at the time you create the copy, to the WinZip distribution file available at http://www.winzip.com.
You are specifically prohibited from charging, or requesting donations, for any distributed copies, however made, or from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from WinZip Computing. Also, you are specifically prohibited from charging, or requesting donations, for providing access to any hyperlink or other method that allows a user to create or transfer electronically copies of WinZip.
WinZip Computing reserves the right to revoke any or all 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 WinZip Computing. You may use WinZip solely as expressly provided in this License. WinZip is protected by the United States copyright laws and other applicable national and international laws and treaties. You may not rent, lease, 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 includes a user selectable feature to check for software updates. By selecting the option to check for updates automatically, or manually invoking the feature, you are consenting to allow WinZip Computing to download and install updated non-executable files (such as screen files) to your computer without further notice. Before WinZip downloads and installs any updated executable files, WinZip will request your express consent.
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.
Immediately upon expiration of the 45-day evaluation period for the license granted hereunder, you shall immediately discontinue any and all use of WinZip and you shall within ten (10) days delete from your computer(s) all electronic copies of WinZip, including all or any part thereof. All provisions of this License that by their nature are intended to survive the expiration of the license granted hereunder shall survive and remain in full force and effect.
At your own expense, you shall indemnify, defend, and hold harmless WinZip Computing, its affiliates and licensors, and their directors, officers, trustees, shareholders, employees, agents, successors and assigns from and against any and all claims, expenses, losses, damages, costs, liabilities and judgments, including without limitation reasonable attorneys' fees and expenses, arising out of or relating to any claim resulting from or related to: (i) any use by you of WinZip other than as expressly allowed by this License or in a manner inconsistent with any accompanying documentation; (ii) any breach of this License by you; or (iii) any violation of applicable law by you, your directors, officers, trustees, shareholders, employees, subsidiaries, agents, successors and assigns.
WinZip, including, without limitation, the information included in its accompanying distributable files, data and materials and any related 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 or registration code 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.
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.
You acknowledge and agree that monetary damages alone would not be an adequate remedy in the event of a material breach by you of your obligations or agreements under this License and that, in such event, WinZip Computing or any of its affiliates shall be entitled to injunctive relief to require you to comply with its obligations hereunder. Any remedy available under this License shall be cumulative and not exclusive of any other remedy available WinZip Computing or any of its affiliates under this License, at law or in equity.
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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