WinZip Evaluation License

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

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:

1. give exact copies of this evaluation version of WinZip personally to anyone;
2. distribute exact copies of this evaluation version of WinZip, if done exclusively through electronic channels; and
3. 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.