📄 license.txt
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PRETTY GOOD PRIVACY, INC. SOFTWARE END-USER LICENSE AGREEMENT
RETAIN THE ORIGINAL OF THIS AGREEMENT AS PROOF OF LICENSE
THIS IS A LEGAL AGREEMENT BETWEEN YOU AS END USER AND ANY SUBSEQUENT
END-USER, AND PRETTY GOOD PRIVACY, INC. BY BREAKING THE SEAL ON THE MEDIA
PACKAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT (THE
"AGREEMENT"). IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, WITHIN
30 DAYS OF PURCHASING THE LICENSE, RETURN THE UNOPENED PACKAGE AND THE
ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER
CONTAINERS) WITH PROOF OF PURCHASE TO THE PLACE YOU OBTAINED THEM FOR A FULL
REFUND.
This is a license agreement and not an agreement for sale. Pretty Good
Privacy, Inc. hereby licenses this version of the Pretty Good Privacy, Inc.
software identified above (the "Software") to the original end-user and any
subsequent transferee of the Software for use only on the terms set forth in
this Agreement.
1. GRANT OF LICENSE. Pretty Good Privacy, Inc. grants you a
non-exclusive license to put in use by a person or organization that agrees to
be bound by the terms of this Agreement, the number of copies of the Software
specified above provided that (1) if the Software is in use in single-user
environments, each copy of the Software is in use on only one computer at any
time or (2) if the Software is in use on computers or computer terminals in
multi-user or networked environments, you have licensed one copy of the
Software for each computer or computer terminal which is participating in such
an environment and which has access to the Software. The Software is "in use"
on a computer when it is loaded into the temporary memory (i.e., RAM) or
installed into the permanent memory (e.g., hard disc, CD-ROM, or other storage
device) of that computer, except that a copy installed on a network server for
the sole purpose of distribution to other computers is not "in use." If this
Software is an upgrade or trade-up from a previous version of a Pretty Good
Privacy, Inc. product, Pretty Good Privacy, Inc. grants you the right to put
in use either the current or prior version of the Software in the quantity
indicated above, and any prior version license is replaced by this Agreement.
2. COPYRIGHT. All right, title and interest in the Software, the
accompanying documentation (the "Documentation") and related trademarks, trade
names and other intellectual property rights are owned by Pretty Good Privacy,
Inc. or its suppliers and the Software and Documentation are protected by
United States copyright laws and international treaty provisions. Therefore,
you must treat the Software and Documentation like any other copyrighted
material (e.g., a book or musical recording) except that in addition to the
number of copies you are permitted to put in use, you may make one copy of the
Software solely for backup or archival purposes. Such copy shall include
Pretty Good Privacy, Inc.'s copyright and other proprietary notices. You may
not copy the Documentation.
3. OTHER RESTRICTIONS. The original of this Agreement is your proof of
license to exercise the rights granted herein and must be retained by you.
You may not rent or lease the Software, but you may transfer your rights under
this Agreement on a permanent basis provided you transfer this Agreement and
all copies of the Software and Documentation, you do not retain any copies of
the Software or Documentation, and the recipient agrees to the terms of this
Agreement. Any transfer of the Software must include the most recent update
and all prior revisions. You may not reverse engineer, decompile, disassemble
or otherwise translate the Software.
4. DUAL MEDIA SOFTWARE. If the Software package contains both 3 1/2" and
5 1/4" disks, and/or a CD, you may use only the disks appropriate to your
computer. You may not use the other disks on another computer or loan, rent,
lease, or transfer them to another user except as permitted under this
Agreement or as part of the permanent transfer (as provided above) of all
Software and Documentation.
5. GOVERNMENT LICENSEE. If you are acquiring the Software on behalf of
the United States Government, the following provisions apply: The Government
acknowledges Pretty Good Privacy, Inc.'s representation that the Software and
Documentation were developed at private expense and no part of them is in
public domain. The Government also acknowledges Pretty Good Privacy, Inc.'s
representation that the Software is "commercial computer software" as that
term is defined in 48 C.F.R. 12.212 of the Federal Acquisition Regulations
("FAR") and is "Commercial Computer Software" as that term is defined in 48
C.F.R. 227.7014 (a)(i) of the Department ofDefense Federal Acquisition
Regulation Supplement ("DFARS"). The Government agrees that: if the Software
is supplied to any unit or agency of the United States Government, the
Government's rights in the Software and its documentation will be only as
specified in this Agreement.
Restricted Rights Legend
The Contractor/Manufacturer is: Pretty Good Privacy, Inc.,
2121 S. El Camino Real, Suite 902, San Mateo, CA 94403.
6. TERMINATION. This Agreement will immediately and automatically
terminate without notice if you fail to comply with any term or condition of
this Agreement. You agree upon termination to promptly destroy all of the
Software and Documentation in your possession together with all copies,
modifications and merged portions in any form.
7. LIMITED WARRANTY. Pretty Good Privacy, Inc. warrants that the
Software will perform substantially in accordance with the written materials
in this package for a period of 90 days from the date of original purchase.
Pretty Good Privacy, Inc.'s entire liability and your exclusive remedy shall
be, at Pretty Good Privacy, Inc.'s option, either (a) return of the purchase
price paid for the license or (b) repair or replacement of the Software that
does not meet Pretty Good Privacy, Inc.'s limited warranty and which is
returned at your expense to Pretty Good Privacy, Inc. with a copy of your
receipt. This limited warranty is void if failure of the Software has
resulted from accident, abuse, or misapplication. Any repaired or replacement
Software will be warranted for the remainder of the original warranty period
or 30 days, whichever is longer. IF THE SOFTWARE IS EXPORT CONTROLLED (SEE
BELOW), THESE REMEDIES ARE NOT AVAILABLE OUTSIDE THE UNITED STATES OF AMERICA.
8. NO OTHER WARRANTIES. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, THE
SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" AND PRETTY GOOD PRIVACY, INC.
DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, CONFORMANCE WITH DESCRIPTION, AND NON-INFRINGEMENT OF THIRD PARTY
RIGHTS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE
OTHERS, WHICH VARY FROM STATE TO STATE.
9. LIMITATION OF LIABILITY. PRETTY GOOD PRIVACY, INC.'S CUMULATIVE
LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY
CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL
NOT EXCEED THE PURCHASE PRICE PAID FOR THE LICENSE. IN NO EVENT SHALL PRETTY
GOOD PRIVACY, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING
OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF PRETTY GOOD PRIVACY,
INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. EXPORT LAW. Export of the Software may be subject to compliance with
the rules and regulations promulgated regulations from time to time by the
Bureau of Export Administration, United States Department of Commerce, which
restrict the export and re-export of certain products and technical data. If
the export of the Software is controlled under such rules and regulations,
then the Software shall not be exported or reexported, directly or indirectly,
(a) without all export or reexport licenses and governmental approvals
required by any applicable laws, or (b) in violation of any applicable
prohibition against the export or reexport of any part of the Software.
11. GENERAL. This Agreement will be governed by the laws of the State of
California and you consent to the jurisdiction and venue of the courts of the
State of California. If any action is brought by either party to this
Agreement against the other party regarding the subject matter hereof, the
prevailing party shall be entitled to recover, in addition to any other relief
granted, reasonable attorneys fees and expenses of litigation. Should any term
of this Agreement be declared void or unenforceable by any court of competent
jurisdiction, such declaration shall have no effect on the remaining terms
hereof. The failure of either party to enforce any rights granted hereunder
or to take action against the other party in the event of any breach hereunder
shall not be deemed a waiver by that party as to subsequent enforcement of
rights or subsequent actions in the event of future breaches. YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS
TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR
AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO
THE SUBJECT MATTER OF THIS AGREEMENT. Should you have any questions
concerning this Agreement, or if you desire to contact Pretty Good Privacy,
Inc. for any reason, please write: Pretty Good Privacy, Inc. Customer
Service, 2121 S. El Camino Real, Suite 902, San Mateo, CA 94403.
581-00030C
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