This EULA is a legal agreement between You and WinZip Computing S.L., a wholly-owned subsidiary of Corel Corporation, including any affiliates and contractors acting on Our behalf (collectively "WinZip", "Us", "We", or "Our") regarding Your use of the Software. Unless You have a separate written agreement with WinZip regarding the Software, then Your use of the Software is governed by this EULA. From time to time We may, in Our sole discretion, update or modify this EULA. The most recent version of this EULA is located at: http://winzip.com/en/eula.htm.
PERPETUAL PROVISIONS APPLICABLE TO
WINZIP
WINZIP COURIER
WINZIP SELF EXTRACTOR
WINZIP MAC EDITION
IF YOU AGREE TO THIS EULA YOU ARE GRANTED A LIMITED, PERSONAL, WORLDWIDE, ROYALTY-FREE, NON-ASSIGNABLE, NON-SUBLICENSEABLE, NON-TRANSFERABLE AND NON-EXCLUSIVE LICENSE TO USE THE SOFTWARE. YOU ARE PERMITTED TO USE ONE (1) COPY OF THE SOFTWARE FOR YOUR (I) PRIVATE, NON-COMMERCIAL PURPOSES AS A PRIVATE USER, AND/OR (II) COMMERCIAL PURPOSES AS A SERVICE PROVIDER IN A COMMERCIAL BUSINESS ("BUSINESS USER"). THE SOFTWARE IS LICENSED PER HOUSEHOLD OR PER SINGLE ADDRESS ("ADDRESS"). YOU MAY ONLY DOWNLOAD AND INSTALL THE SOFTWARE ON ONE (1) COMPUTING DEVICE PER ADDRESS. YOU MAY NOT RE-INSTALL THE SOFTWARE ON A SECOND COMPUTING DEVICE, UNLESS (I) THE ORIGINAL COMPUTING DEVICE FAILS, (II) YOU CONTACT CUSTOMER SERVICE (HELP@WINZIP.COM) REQUESTING OUR APPROVAL (AND WE PROVIDE YOU AUTHORIZATION CODE) TO RE-INSTALL THE SOFTWARE ON A NEW COMPUTING DEVICE, AND (III) YOU CERTIFY TO WINZIP THAT YOU HAVE UNINSTALLED THE SOFTWARE FROM THE FAILED COMPUTING DEVICE. PRIVATE AND BUSINESS USERS OF WINZIP, WINZIP COURIER, WINZIP SELF EXTRACTOR OR WINZIP MAC EDITION THAT HAVE MULTIPLE COMPUTING DEVICES (E.G., STAND-ALONE COMPUTER, LAP-TOP, TABLET AND MINI/PORTABLE PC), MAY DOWNLOAD AND INSTALL THE SOFTWARE ON UP TO THREE (3) SYSTEMS PER ADDRESS, HOWEVER THE SOFTWARE CAN ONLY BE USED BY YOU ON ONE (1) SYSTEM AT A TIME (I.E., THE SOFTWARE MAY NOT BE SHARED OR USED CONCURRENTLY ON DIFFERENT COMPUTING DEVICES). IF YOU INSTALL THE SOFTWARE ON A FOURTH COMPUTING DEVICE OR ON A COMPUTING DEVICE LOCATED AT A DIFFERENT ADDRESS YOU MUST PURCHASE ADDITIONAL LICENSES FOR SUCH ADDITIONAL COMPUTING DEVICES. IF YOU HAVE PURCHASED MULTIPLE-USER LICENSES FOR THE SOFTWARE, AT ANY TIME YOU MAY HAVE AS MANY COPIES OF THE SOFTWARE IN USE UP TO THE NUMBER OF MULTIPLE-USER LICENSES YOU HAVE PURCHASED.
LICENSE TO USE THE SOFTWARE. The Software is licensed to You, not sold to You. You must lawfully acquire the Software from Us or Our authorized resellers otherwise You don't have a right to use the Software. You may only purchase and/or download the Software from Our (or Our authorized reseller's) eStore or website that is located in the country in which You hold legal residency. BUSINESS USERS: If You are a business, and You purchased the Software from Us or from one of Our authorized resellers, You may install the Software on a hardware partition, blade, or terminal server ("Virtualization Environment") to run, use or access the Software by means of Your organization's computing devices directly connected to Your organization's internal network or Your organization's virtual private network. Use of the Software by Your employees (and Your organization's subcontractors contractually authorized to act on Your behalf) via such Virtualization Environment is permitted only up to the maximum number of site licenses purchased by Your organization. For the avoidance of doubt, You must acquire and dedicate one (1) license for each computing device using, running, or accessing the Software from Virtualization Environment and for each computing device on which the Software is installed, run, used or accessed from. You agree that if the Software requires mandatory activation or email validation, You will complete the process providing Us with accurate information. Your use of the Software is suspended until You complete the activation and/or registration process. The Software may include digital images, stock photographs, clip art, fonts, sounds or other artistic works ("Stock Files"). The responsibilities and restrictions relating to the Software apply to the Stock Files. We reserve all rights not expressly granted to You in this EULA. BUSINESS USERS: If You are a business, You agree to maintain records, systems and/or procedures that accurately record of the number of copies of the Software that have been acquired, installed and in use on Your computing devices and will keep the records for two (2) years from the date Your license to use the Software ends. We may conduct an audit (remotely or at Your facility) of records and systems from Your business, to verify that Your installation of the Software conforms with a valid license from Us or Our authorized resellers. We will not conduct more than one (1) audit per year. If the audit results find that Your use does not conform to a valid license, then You will immediately obtain a valid license or true-up Your licenses for the Software.
SUBSCRIPTION PROVISIONS APPLICABLE TO
WINZIP SYSTEM UTILITIES SUITE
WINZIP REGISTRY OPTIMIZER
WINZIP DRIVER UPDATER
WINZIP MALWARE PROTECTOR
WINZIP MAC OPTIMIZER
WINZIP DISK TOOLS
IF YOU AGREE TO THIS EULA YOU ARE GRANTED A LIMITED-TIME, PERSONAL, WORLDWIDE, ROYALTY-FREE, NON-ASSIGNABLE, NON-SUBLICENSEABLE, NON-TRANSFERABLE AND NON-EXCLUSIVE SUBSCRIPTION-BASED LICENSE TO USE WINZIP SYSTEM UTILITIES SUITE, WINZIP REGISTRY OPTIMIZER, WINZIP DRIVER UPDATER, WINZIP MALWARE PROTECTOR, WINZIP MAC OPTIMIZER OR WINZIP DISK TOOLS. THE SOFTWARE IS LICENSED TO YOU ON A SUBSCRIPTION BASIS FOR AN INITIAL ONE (1) YEAR PERIOD ("INITIAL TERM") AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL ONE (1) YEAR PERIODS (“RENEWAL TERM”) (COLLECTIVELY “TERM”) UNTIL YOU TERMINATE YOUR SUBSCRIPTION BY NOTIFYING US, VIA EMAIL AS SET FORTH BELOW, OF YOUR INTENT TO DISCONTINUE YOUR USE OF THE SOFTWARE. YOU ARE PERMITTED TO USE ONE (1) COPY OF THE SOFTWARE FOR YOUR (I) PRIVATE, NON-COMMERCIAL PURPOSES AS A PRIVATE USER, AND/OR (II) COMMERCIAL PURPOSES AS A SERVICE PROVIDER IN A COMMERCIAL BUSINESS ("BUSINESS USER"). THE SOFTWARE IS LICENSED PER HOUSEHOLD OR PER SINGLE ADDRESS ("ADDRESS"). YOU MAY ONLY DOWNLOAD AND INSTALL THE SOFTWARE ON ONE (1) COMPUTING DEVICE PER ADDRESS. YOU MAY NOT RE-INSTALL THE SOFTWARE ON A SECOND COMPUTING DEVICE UNLESS (I) THE ORIGINAL COMPUTING DEVICE FAILS, (II) YOU CONTACT CUSTOMER SERVICE (HELP@WINZIP.COM) REQUESTING OUR APPROVAL (AND WE PROVIDE YOU AUTHORIZATION CODE) TO RE-INSTALL THE SOFTWARE ON A NEW COMPUTING DEVICE, AND (III) YOU CERTIFY TO WINZIP THAT YOU HAVE UNINSTALLED THE SOFTWARE FROM THE FAILED COMPUTING DEVICE. PRIVATE AND BUSINESS USERS OF WINZIP SYSTEM UTILITIES SUITE, WINZIP REGISTRY OPTIMIZER, WINZIP DRIVER UPDATER, WINZIP MALWARE PROTECTOR, WINZIP MAC OPTIMIZER OR WINZIP DISK TOOLS THAT HAVE MULTIPLE COMPUTING DEVICES (E.G., STAND-ALONE COMPUTER, LAP-TOP, TABLET AND MINI/PORTABLE PC) MAY NOT DOWNLOAD AND INSTALL THE SOFTWARE ON MULTIPLE COMPUTING DEVICES. YOU MAY DOWNLOAD AND INSTALL THE SOFTWARE ON ONLY ONE (1) SYSTEM PER ADDRESS (I.E., THE SOFTWARE MAY NOT BE SHARED OR USED CONCURRENTLY ON DIFFERENT COMPUTING DEVICES).
BY DOWNLOADING AND INSTALLING WINZIP SYSTEM UTILITIES SUITE, WINZIP REGISTRY OPTIMIZER, WINZIP DRIVER UPDATER, WINZIP MALWARE PROTECTOR, WINZIP MAC OPTIMIZER OR WINZIP DISK TOOLS, YOU AGREE THAT WINZIP IS AUTHORIZED TO CHARGE YOUR CREDIT CARD FOR THE ANNUAL SUBSCRIPTION FEE FOR THE SOFTWARE ON A YEARLY BASIS WITHOUT ANY FURTHER ACTION ON YOUR PART. IN THE EVENT THAT YOUR CREDIT CARD IS DECLINED FOR ANY REASON, THE SUBSCRIPTION FEE IS STILL DUE AND OWING TO WINZIP AND YOU WILL PROMPTLY PROVIDE US WITH ANOTHER CREDIT CARD FOR AUTOMATIC PAYMENT PURPOSES. YOUR CONTINUED USE OF THE SOFTWARE IS SUBJECT TO AND CONDITIONED UPON YOUR PAYMENT OF THE SUBSCRIPTION FEE. YOU MUST PROVIDE NOTICE OF INTENT TO TERMINATE YOUR SUBSCRIPTION FIVE (5) BUSINESS DAYS PRIOR TO THE END OF THE INITIAL TERM OR FIVE (5) BUSINESS DAYS PRIOR TO THE END OF EACH RENEWAL TERM OTHERWISE YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ANOTHER TERM. DURING EACH RENEWAL TERM, ONCE A PAYMENT IS RECEIVED, THE SUBSCRIPTION FEE IS NON-REFUNDABLE AND NON-CANCELLABLE. IF YOU DECIDE TO TERMINATE YOUR SUBSCRIPTION OR FAIL TO PROVIDE A NEW CREDIT CARD AS REQUIRED FOR PAYMENT, THE SOFTWARE CONTAINS A LOCKING CODE WHICH WILL AUTOMATICALLY LOCK AT THE END OF THE TERM AND THAT WILL PROHIBIT YOU FROM USING THE SOFTWARE UNTIL A NEW REGISTRATION CODE IS RECEIVED BY YOU. YOU WILL RECEIVE A NEW REGISTRATION CODE ONLY UPON OUR RECEIPT OF YOUR NEW CREDIT CARD AND PAYMENT OF THE FEE (IN THE EVENT OF A FAILED CREDIT CARD) OR RENEWAL OF THE SUBSCRIPTION (IN THE EVENT YOU PREVIOUSLY TERMINATED YOUR SUBSCRIPTION). USE OF THE SOFTWARE BEFORE OR BEYOND THE APPLICABLE SUBSCRIPTION TERM, OR ANY ATTEMPT TO DEFEAT ANY TIME-CONTROL DISABLING FUNCTION IN THE SOFTWARE, IS AN UNAUTHORIZED USE AND CONSTITUTES A MATERIAL BREACH OF THIS EULA AND APPLICABLE LAW. TO PROVIDE US NOTICE OF YOUR INTENT TO TERMINATE YOUR SUBSCRIPTION, CONTACT OUR CUSTOMER SUPPORT TEAM AT HELP@WINZIP.COM.
LICENSE TO USE THE SOFTWARE. The Software is licensed to You, not sold to You. You must lawfully acquire the Software from Us or Our authorized resellers otherwise You don't have a right to use the Software. You may only purchase and/or download the Software from Our (or Our authorized reseller's) eStore or website that is located in the country in which You hold legal residency. You agree that if the Software requires mandatory activation or email validation, You will complete the process providing WinZip with accurate information. Your use of the Software is suspended until You complete the activation and/or registration process. The Software may include digital images, stock photographs, clip art, fonts, sounds or other artistic works ("Stock Files"). The responsibilities and restrictions relating to the Software apply to the Stock Files. We reserve all rights not expressly granted to You in this EULA. BUSINESS USERS: If You are a business, You agree to maintain records, systems and/or procedures that accurately record of the number of copies of the Software that have been acquired, installed and in use on Your computing devices and will keep the records for two (2) years from the date Your license to use the Software ends. We may conduct an audit (remotely or at Your facility) of records and systems from Your business, to verify that Your installation of the Software conforms with a valid license from Us or Our authorized resellers. We will not conduct more than one (1) audit per year. If the audit results find that Your use does not conform to a valid license, then You will immediately obtain a valid license or true-up Your licenses for the Software.
PROVISIONS APPLICABLE TO BOTH
SUBSCRIPTION AND PERPETUAL LICENSES
YOUR RESPONSIBILITIES WHILE USING THE SOFTWARE. With regard to Your Use of the Software under this EULA, You have certain responsibilities. The Software may include product activation and other technology designed to prevent unauthorized use and copying. You may not sell, rent, lease, resell, or loan any version of the Software (including an Evaluation Version of the Software). If You purchase the Software as a gift to a third person, the third person must accept the terms of this EULA before using the Software. You may not reverse engineer, reengineer, decompile, disassemble, translate, reconstruct, transform, or extract the Software or any portion of the Software. You may not wrap the Software or any Software executable (E.G., .EXE, .MSI, .ISO or .DMG or similar executable now known or later developed) with any third party software add-on or offer except pursuant to a separate express, written, fully-executed agreement with WinZip. While We own Our Software, You own and are responsible for the content ("Content") that You create, or have created for You, resulting from the use of Our Software (including any add-ons or plug-ins to Our Software that You create, or have created for You). You agree that, in connection with Your use of the Software, You are responsible for the direct and/or indirect consequences of any of the (i) Content You create and (ii) third party photos or images that You use or modify in creating Your Content, especially in situations where You share Your Content with family, friends, clients and/or third parties such as members of social networking sites (e.g., Facebook, Flickr, LinkedIn, Twitter, etc.) or file sharing or cloud services sites (e.g., Google Drive, Sky Drive, Dropbox, box.net, etc.). WinZip can neither monitor nor control what third party social networking, file sharing, or cloud services sites or the members or users of such sites do with Your content You share. You are responsible for independently verifying the accuracy and completeness of Your Content (e.g., any technical illustrations or diagrams for operation guides, parts catalogs, schematics, writing diagrams, assembly instructions, maintenance manuals, architectural presentations or other materials You create and/or modify using Our Software). You may not modify or create derivative works based upon the Software. You represent and warrant to Us that You will comply with all applicable laws and regulations impacting Your use of the Software including data protection and privacy laws. You agree that You will not use the Software in a way that is unlawful or that violates the rights of a third party. If We get sued or a claim is brought against Us by a third party due to (i) Your actions, (ii) Your failure to act when required, or (iii) Your content, then You agree to defend, indemnify and hold WinZip harmless. You may receive updates, bug fixes, feature enhancements or improvements, or other data relating to the Software (collectively "Updates") downloaded to Your computing device with a notice describing what is included in the Update and the purpose of the Update. You will have to choose either to install the Update on Your computing device or opt-out and not install the Update. If You do not install the Updates the Software may not perform properly.
OUR INTELLECTUAL PROPERTY RIGHTS. The Software is protected by United States and Canadian Intellectual Property laws and international intellectual property laws and treaty provisions. Therefore, You may not distribute the Software without Our permission. If You purchase or download the Software in China, India, Indonesia or Vietnam, You may not copy the Software or printed materials accompanying the Software for any purpose. If You purchase or download the Software in a country not specifically prohibited under this EULA, You may only make one (1) copy of the Software (or You may keep one (1) copy of the Software on a single hard drive) for backup or archival purposes. For backup or archival purposes only, You may either make only one (1) copy of the Software and the Printed Materials or print one (1) copy of any user documentation if You downloaded the Software or You may keep one (1) copy the Software and printed materials (or user documentation) on a single hard drive. Otherwise, You may not copy the Software or the printed materials accompanying the Software (or print copies of any user documentation if You downloaded the Software). You agree that WinZip, the WinZip logos, and other WinZip trademarks, service marks, and graphics are trademarks of WinZip International LLC, a Corel company, (some in the United States and/or other countries) or are trademarks of WinZip's partners ("Marks"). You are not granted a right to use Marks without the owner's permission. You will not remove, obscure or alter any proprietary notices affixed to or contained within the Software. You understand and agree that We have the right to stop selling, distributing, servicing or updating the Software (any part of it), and services or offerings at any time.
USAGE AUDITING, PIRACY AND OUR PRIVACY POLICY. Our audit and collection of any of Your data and Your use of the Software is subject to the Corel Corporation Privacy Policy (http://www.winzip.com/privacy). We may audit Your Software usage for anti-piracy purposes, to verify a valid registration, and identify if new Updates are available for Your computing device prior to sending You a notice to install a new Software Update, and to assess Your use of the Software. You consent to the Software sending usage data (e.g., the number of instances the Software is launched, the device IP address, and/or the version of the Software), for registration, authentication, use and anti-piracy auditing and enforcement purposes.
PRE-COMMERCIAL RELEASE OR BETA SOFTWARE. If the Software You have received with this EULA is a pre-commercial release or a beta version, then You understand the Software (i) is the Confidential Information of WinZip, its licensors and suppliers, and (ii) does not represent a final product of WinZip. You have no right to (i) modify, enhance, adapt, alter, translate, or create derivative works of such Software; (ii) merge or wrap the Software with other software; (iii) sublicense, lease, rent, loan, sell, export, or otherwise transfer or distribute the Software to any third party; (iv) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software; or (v) otherwise use or copy the Software. The Software may contain bugs, errors and other problems that could cause computer system failures and data loss. THEREFORE, ALL PRE-RELEASE OR BETA SOFTWARE IS PROVIDED ON AN "AS-IS" BASIS AND WINZIP DISCLAIMS ANY AND ALL WARRANTIES OR LIABILITY TO YOU OF ANY KIND.
EVALUATION SOFTWARE. In the instance of a fixed term license such as with a trial version, the license to use the Software begins on installation and shall be for the duration identified by Us in Our invoice or by Our authorized reseller in its invoice. Subject to the terms and conditions of this EULA, if (i) the Software is identified as a demonstration, evaluation, trial, "not for sale" ("NFS") or "not for resale" ("NFR") version ("Evaluation Version") in the applicable user documentation, or (ii) You acquired the Software without charge, Your use of the Software is subject to the following terms: (a) You may make as many exact copies of the Software as You wish solely for evaluation purposes and for no other purpose using the tangible physical media (e.g., compact discs); (b) You may distribute individual exact copies of the Software solely for evaluation purposes and for no other purpose without charge to You or the recipient. Exact copy means a file that is, for example, identical to the WinZip distribution file available at www.winzip.com; (c) You may not distribute the Software with any other product or wrap the Software or any Software executable (.EXE, .MSI, .ISO or .DMG or similar executable now known or later developed) with any third party software add-on or offer; and (d) If You distribute the Software You may do so by electronic download or email, but not through the use of bulk mail, spam or unsolicited emails. Except pursuant to a separate express, written, fully-executed agreement with WinZip, You may not use Our Software for competitive analysis, or commercial, professional, or other for-profit purposes. You understand that at the end of the evaluation period, You must either stop using the Software or pay for the Software to continue using it. If You fail to pay for it, then Your license terminates. Upon expiration of the evaluation period, You will immediately discontinue use of the Evaluation Version and delete and destroy all electronic copies of the Evaluation Version including, but not limited to, all user documentation that may have been provided as part of the evaluation from Your computing device and any other computer devices on which You have installed the Evaluation Version. UNAUTHORIZED USE OF THE EVALUATION VERSION, USE OF THE EVALUATION VERSION BEFORE OR BEYOND THE APPLICABLE FIXED TERM, OR ANY ATTEMPT TO DEFEAT ANY TIME-CONTROL DISABLING FUNCTION IN THE EVALUATION VERSION IS AN UNAUTHORIZED USE CONSTITUTING A MATERIAL BREACH OF THIS EULA AND APPLICABLE LAW AND WILL AUTOMATICALLY AND IMMEDIATELY TERMINATE YOUR LICENSE TO USE THE SOFTWARE.
LIMITED AND RESTRICTED WARRANTY (FOR COUNTRIES OTHER THAN THOSE LISTED SEPARATELY UNDER "ADDITIONAL EULA TERMS"). If You purchased the Software on a computer disc, then WinZip warrants that the media on which Software is furnished will be free of defects in materials and workmanship under normal use for a period of ninety (90) days from the date You purchased the Software. The Software when properly installed and under normal use will substantially conform to the features and functionality as set forth in the documentation accompanying the Software, however, the Software may contain normal bugs and errors. Therefore, the Software is provided on an "AS IS" basis with the understanding that bug fixes and Updates will be provided from time to time. This warranty is valid only for the original purchaser of the Software. IF THE DISC IS DEFECTIVE, THEN WINZIP'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE REPLACEMENT OF THE DEFECTIVE COMPUTER DISC IF YOU RETURN THE DEFECTIVE DISC TO US WITH A COPY OF YOUR RECEIPT. Your right to a replacement of the Software is void if the damage to the disc is a result of accident, abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period. YOU ASSUME ALL RESPONSIBILITIES FOR CHOOSING, INSTALLING, AND USING THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WINZIP DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. This clause shall not impair the U.S. Government's right to recover for fraud or crimes arising out of or related to this EULA under any federal fraud statute, including the False Claims Act, 31 U.S.C. §§ 3729-3733.
SOME STATES OR COUNTRIES DO NOT ALLOW THE WARRANTY EXCLUSION OR LIMITATIONS; THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In such instances and as long as You obtained the Software from WinZip, or a WinZip authorized reseller, WinZip may remedy substantial defects of the Software at its reasonable discretion by (i) providing a patch, Update or replacement of the Software, or (ii) asking for return of the Software and cancelling this EULA. You are entitled to a reduction of the purchase price or a rescission of this EULA only if WinZip has repeatedly failed to remedy the defect after a reasonable period of time. If You are a consumer, Your claims under this clause are time-barred in twenty-four (24) months; if You are a business, Your claims under this clause are time-barred in twelve (12) months. If You alter the Software in any way without being authorized by WinZip, WinZip will not remedy defects caused by such alteration and You are liable for any damages incurred by WinZip due to Your unauthorized alteration of the Software. IF YOU INSTALL PRE-RELEASE VERSION PRODUCTS MARKED AS SUCH, YOU DO SO AT YOUR OWN RISK. Pre-release version products are to be used only for test purposes in testing environments and must not be used for production purposes. To make a warranty claim You must provide a detailed error description to WinZip Customer Service (help@winzip.com) or, at WinZip's request, return the Software along with any return materials authorization information provided to You by WinZip to Corel Corporation, Attention: Manufacturing (WinZip), 1600 Carling Avenue, Ottawa, Ontario, K1Z 8R7, Canada. For further warranty information, please contact WinZip Customer Service at help@winzip.com.
NO LIABILITY FOR OPEN SOURCE MATERIALS. THE SOFTWARE MAY CONTAIN "OPEN SOURCE" MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). WINZIP MAKES NO WARRANTIES, AND SHALL HAVE NO LIABILITY, DIRECT OR INDIRECT, WHATSOEVER WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE.
INDIRECT AND CONSEQUENTIAL DAMAGES (FOR COUNTRIES OTHER THAN THOSE LISTED SEPARATELY UNDER "ADDITIONAL EULA TERMS"):
NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WINZIP OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES 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 SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WINZIP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH INSTANCES AND AS LONG AS YOU OBTAINED THE SOFTWARE FROM WINZIP, OR A WINZIP AUTHORIZED RESELLER, WINZIP MAY BE LIABLE TO YOU (I) WITHOUT LIMITATION FOR DAMAGES YOU HAVE INCURRED UNDER OR IN CONNECTION WITH THIS EULA ONLY IF THE DAMAGE HAS BEEN CAUSED BY THE WILLFUL OR GROSSLY NEGLIGENT ACT OF WINZIP; AND (II) FOR THOSE TYPICAL DAMAGES THAT WERE REASONABLY FORESEEABLE AND WHICH HAVE BEEN CAUSED BY ANY OTHER NEGLIGENT BREACH OF AN ESSENTIAL CONTRACTUAL DUTY BY WINZIP. ANY FURTHER LIABILITY OF WINZIP IS EXCLUDED. THESE AFOREMENTIONED LIMITATIONS APPLY IRRESPECTIVE OF THEIR LEGAL BASIS, IN PARTICULAR WITH REGARD TO ANY PRE-CONTRACTUAL OR AUXILIARY CONTRACTUAL CLAIMS. These limitations shall not apply, however, to any mandatory liability under the applicable product liability laws, nor to any damage which is caused due to the breach of an express warranty to the extent that such express warranty was intended to protect consumers against the specific damage incurred, nor to damages due to loss of life, injury or prejudice to health.
U.S. GOVERNMENT-RESTRICTED RIGHTS. With respect to any acquisition of the Software by or for any unit or agency of the United States Government (the "Government"), the Software shall be classified as "commercial computer software", as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements thereto, including the Department of Defense (DoD) FAR Supplement (the "DFARS"). The Software was developed entirely at private expense, and no part of the Software was first produced in the performance of a Government contract. If the Software is supplied for use by DoD, the Software is delivered subject to the terms of this EULA and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a); or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as applicable. If the Software is supplied for use by a Federal agency other than DoD, the Software is restricted computer software delivered subject to the terms of this EULA and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14 (ALT III), as applicable. The contractor/manufacturer is Corel Corporation, 1600 Carling Avenue, Ottawa, Ontario, Canada, K1Z 8R7.
EXPORT RESTRICTIONS. If You are located in a country embargoed by the United States, or You are on the United States Treasury Department's list of Specially Designated Nationals You may not engage in commercial activities with Us or Our authorized resellers. You may not download, distribute, export, re-export, or redistribute the Software, including any WinZip shareware product (i) into, or to a national or resident of, any country to which the United States has embargoed goods, or (ii) to anyone on the United States Treasury Department's list of 'Specially Designated' nationals or the United States Commerce Department's 'Table of Deny Orders'. By downloading or using the Software, You are representing and warranting that You are not located in, under the control of, or a national or resident of any such country or on any such list. Except pursuant to a separate express, written, fully-executed agreement with WinZip, You may not purchase a license to use the Software for the purpose of exporting it to a country other than the original country of sale, nor may You retain the services of a third party to purchase a license to use the Software if in doing so You will require such third party to send (via any means, electronic or otherwise) the Software to You in a country other than the original country of sale.
GENERAL. If You purchased or downloaded the Software in the United States then this EULA is governed by the laws of the United States and the State of California, without reference to conflict of laws principles. Any dispute between You and WinZip regarding this EULA will be subject to the exclusive venue of the state and federal courts in the State of California. This EULA specifically excludes the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such 'Convention', if otherwise applicable. Except as expressly set forth herein to the extent permitted by applicable law, this EULA shall not prejudice the non-excludable, statutory rights of any party dealing as a consumer. If You acquired the Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, any dispute between You and WinZip regarding this EULA will be subject to the exclusive jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If You acquired the Software in the European Union, Iceland, Norway, or Switzerland, then local law applies. If You acquired the Software in any other country, then local law may apply. This EULA is the entire agreement between You and WinZip and supersedes any other communications or advertisements with respect to the Software and documentation. The Software, or any feature or part thereof, may not be available in all languages or in all countries. If WinZip has provided You with a translation of the English language version of this EULA, You agree that such translation is provided for Your convenience only and that the English language version, not the translation, of this EULA will be legally binding on You. The English language version of this EULA and not its translation(s) will govern in the event of a conflict between the English language version and a translation. The original English version of this EULA can be found at http://winzip.com/en/eula.htm.
If and to the extent any provision of this EULA is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable but only to the extent of its illegality, invalidity, or unenforceability and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. No term or provision in this EULA will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach. No modifications or amendments to this EULA will be binding upon WinZip unless made in writing and duly executed by You and an authorized representative of WinZip.
Some Software versions may not be compatible with various computer operating systems and WinZip may not release Updates. The Software may not be compatible with computer operating systems that You may purchase now or in the future.
You understand that the Software may be incorporated into, and may incorporate itself into, software and other technology owned and controlled by third parties. This EULA remains effective with such incorporation. Any and all other third party software or technology that may be distributed together with the Software may be subject to You explicitly accepting a license agreement with that third party and Your use of that software constitutes acceptance of such terms. WinZip's licensors shall be direct and intended third party beneficiaries of this EULA.
ADDITIONAL EULA TERMS
ENCRYPTION TECHNOLOGY CONTAINED IN WINZIP PRODUCTS:
YOU AGREE THAT WINZIP CANNOT GUARANTEE THAT THE ENCRYPTION TECHNOLOGY CONTAINED IN THE SOFTWARE IS COMPLETELY SECURE FROM DECODING BY THIRD PARTIES. ACCORDINGLY, WINZIP WILL NOT BE RESPONSIBLE FOR ANY LOSSES WHATSOEVER RESULTING FROM THIRD PARTY DECODING OF, OR ACCESS TO, YOUR FILES.
Self-extracting Zip files created by WinZip's 'Self Extractor' trial version Software may contain extractor software ("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 Extraction Software. If You create self-extracting Zip files using an evaluation version of WinZip Self Extractor Software You may not transmit Your Zip files to a third party. However, the fully licensed (non-trial version of) WinZip Self Extractor may be used to create an unlimited number of freely distributable, royalty-free, self-extracting Zip files subject to the terms of this EULA.
ADDITIONAL TERMS APPLICABLE TO USERS OF SOFTWARE LOCATED IN GERMANY OR AUSTRIA:
If You obtained the Software from WinZip or a WinZip authorized reseller in Germany or Austria and such country is Your legal residence, then the Germany and Austrian product liability and other consumer protection laws concerning remedies for defective goods shall apply and govern any inconsistencies between such laws and the provisions of this EULA set forth above.
ADDITIONAL TERMS APPLICABLE TO USERS OF HARDWARE OR SOFTWARE LOCATED IN THE UNITED KINGDOM:
If (i) You are acting as a consumer and the United Kingdom is where Your legal residence; (ii) You entered into this EULA in the United Kingdom; and (iii) You have obtained the Software from WinZip or a WinZip authorized reseller in the United Kingdom (a "Consumer"), then the limitation of liability and warranty provisions set forth in applicable consumer protection and warranty laws of the United Kingdom shall apply and govern any inconsistencies between such laws and the provisions of this EULA set forth above.
ADDITIONAL TERMS APPLICABLE TO USERS OF HARDWARE OR SOFTWARE LOCATED IN AUSTRALIA:
LIMITED WARRANTY (AUSTRALIAN CONSUMERS ONLY):
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for "major failure" and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure. The term "major failure" is defined in the Australian Consumer Law and includes, but is not limited to, where the goods are substantially unfit for purpose and cannot easily and within a reasonable time be remedied to make them fit for such a purpose, or where the goods depart in one or more significant respects, if they were supplied by description – from that description. The warranty provided under this Section is provided by Corel Corporation of 1600 Carling Avenue, Ottawa, Ontario, K1Z 8R7, Canada. We warrant that the media on which Software is furnished will be free of defects in materials and workmanship under normal use for a period of ninety (90) days from the date You purchased the Software. The benefits provided by this express warranty are in addition to any other rights and remedies of the consumer under any law in relation to the goods or service to which the warranty relates. The Software when properly installed and under normal use will substantially conform to the features and functionality as set forth in the documentation accompanying the Software, however, the Software may contain normal bugs and errors. Bug fixes and Updates will be provided from time to time. If the disc is defective, then, without limiting any other obligations at law, WinZip will replace the defective computer disc if You return the defective disc to Us with a copy of Your receipt. Any replacement Software will be warranted for the original warranty period covered by this Section.
EXCLUSIONS (AUSTRALIA ONLY):
THE WARRANTY PROVIDED UNDER THIS SECTION DOES NOT COVER DEFECTS OR PROBLEMS THAT ARISE DUE TO YOU CAUSING THE SOFTWARE TO BECOME OF UNACCEPTABLE QUALITY, SUCH AS FAILURE TO TAKE REASONABLE CARE OR DAMAGE CAUSED BY ABNORMAL USE. FURTHER, YOU ASSUME ALL RESPONSIBILITIES FOR CHOOSING, INSTALLING, AND USING THE SOFTWARE. EXCEPT AS SET OUT ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WINZIP DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. IF YOU ALTER THE SOFTWARE IN ANY WAY WITHOUT BEING AUTHORIZED BY WINZIP, WINZIP WILL NOT REMEDY DEFECTS CAUSED BY SUCH ALTERATION AND YOU ARE LIABLE FOR ANY DAMAGES INCURRED BY WINZIP DUE TO YOUR UNAUTHORIZED ALTERATION. IF YOU INSTALL PRE-RELEASE VERSION PRODUCTS MARKED AS SUCH, YOU DO SO AT YOUR OWN RISK. PRE-RELEASE VERSION PRODUCTS ARE TO BE USED ONLY FOR TEST PURPOSES IN TESTING ENVIRONMENTS AND MUST NOT BE USED FOR PRODUCTION PURPOSES. THE SOFTWARE MAY CONTAIN "OPEN SOURCE" MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). TO THE EXTENT PERMISSIBLE AT LAW WINZIP MAKES NO WARRANTIES, AND SHALL HAVE NO LIABILITY, DIRECT OR INDIRECT, WHATSOEVER WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE.
HOW TO CLAIM UNDER THE WARRANTY (AUSTRALIA ONLY):
For the warranty to be honored, You must contact WinZip's Customer Service centre at help@winzip.com and seek a Return Merchandise Authorization ("RMA"). More detailed RMA instructions together with shipping information and an RMA number will then be sent to You by email. You will be required to provide proof of purchase and bear the costs of returning the Software. The Software together with all related media and manuals must be returned to Corel Corporation, Attention: Manufacturing (WinZip), 1600 Carling Avenue, Ottawa, Ontario, K1Z 8R7, Canada and must be uninstalled from Your computer and any storage devices and You must delete any backup copies. We will endeavor to process Your claim within ten (10) business days from the date WinZip receives it. If We accept that the Software is defective, a replacement disc will be provided to You by mail.
INDIRECT AND CONSEQUENTIAL LOSS (AUSTRALIA ONLY):
TO THE EXTENT PERMITTED UNDER AUSTRALIAN LAW, WINZIP SHALL HAVE NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WINZIP OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER INDIRECT PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADDITIONAL TERMS APPLICABLE TO USERS OF SOFTWARE CONTAINING SHAREWARE:
Certain Software are shareware and as such are acquired without charge and can be used for a limited period of time for evaluation purposes and are subject to the particular end user license for such shareware.
ADDITIONAL TERMS APPLICABLE TO USERS OF CLIPART, STOCK PHOTO IMAGES, VIDEO CONTENT, AUDIO CLIPS, FONTS AND SAMPLE CONTENT:
Our Software may contain clipart, photo images, video content, audio clips (collectively referred to as the "Images or Clips"), software data files that render typeface designs when used in conjunction with appropriate hardware and software (for example only, without limitation,.ttf or .otf files) referred to as "Font Software", and the graphic rendering generated by the Font Software referred to as "Font Output" and sample content such as forms, templates, "tubes" or similar items (collectively referred to as the "Sample Content") that are either owned by Us or licensed from a third-party. Except as required in the paragraph below, as a user of Our Software You are free to use, modify and publish the Images or Clips, Font Output or Sample Content as follows: You may (i) incorporate any Images or Clips, Font Output, or Sample Content into Your own original work and publish, display and distribute Your work in any media, provided You include a copyright notice in Your work reflecting on the copyright ownership of both You and WinZip as follows: "Copyright (c) 20__ [Your name], WinZip Computing, S.L. and its licensors. All rights reserved."; and (ii) make one (1) copy of the Images or Clips, Font Software, or Sample Content for backup or archival purposes. YOU MAY NOT RESELL, SUBLICENSE OR OTHERWISE MAKE AVAILABLE THE IMAGES OR CLIPS, OR FONT SOFTWARE FOR USE OR DISTRIBUTION SEPARATELY OR DETACHED FROM A PRODUCT OR WEB PAGE. For example, the Images or Clips or Font Output may be used by You as part of a web page design, but not be made available for downloading separately (use of the Font Software as a web font, utilizing the CSS3@font-face specification or similar is specifically prohibited) or in a format designed or intended for permanent storage or re-use by others. YOU MAY NOT PROVIDE THE IMAGES OR CLIPS OR FONT SOFTWARE TO THIRD PARTIES OR PERMIT THE USE OF THE IMAGES OR CLIPS OR FONT SOFTWARE OR FONT OUTPUT BY THIRD PARTIES SEPARATELY OR AS PART OF ANY OTHER PRODUCT, HOWEVER, THIRD PARTIES MAY BE PROVIDED WITH COPIES OF THE IMAGES OR CLIPS OR FONT OUTPUT (INCLUDING IN DIGITAL FILES) AS PART OF A WORK PRODUCT. YOU MAY NOT CREATE SCANDALOUS, OBSCENE, DEFAMATORY OR IMMORAL WORKS USING THE IMAGES OR CLIPS, FONT SOFTWARE, FONT OUTPUT, OR SAMPLE CONTENT NOR USE THE IMAGES OR CLIPS, FONT SOFTWARE, FONT OUTPUT, OR SAMPLE CONTENT FOR ANY OTHER PURPOSE WHICH IS PROHIBITED BY LAW. YOU MAY NOT PERMIT THE USE OF THE IMAGES OR CLIPS, FONT SOFTWARE, FONT OUTPUT, OR SAMPLE CONTENT OR ANY PART THEREOF AS A TRADEMARK OR SERVICE MARK, OR CLAIM ANY PROPRIETARY RIGHTS OF ANY SORT IN THE IMAGES OR CLIPS, FONT SOFTWARE, FONT OUTPUT, OR SAMPLE CONTENT OR ANY PART THEREOF. YOU MAY NOT USE ANY OF THE IMAGES OR CLIPS WHICH CONTAIN IDENTIFIABLE INDIVIDUALS OR ENTITIES FOR ANY COMMERCIAL PURPOSE INCLUDING, WITHOUT LIMITATION, IN A MANNER WHICH SUGGESTS THEIR ASSOCIATION WITH OR ENDORSEMENT OF ANY PRODUCT OR SERVICE. YOU MAY NOT USE THE IMAGES OR CLIPS IN ELECTRONIC FORMAT, ON-LINE OR IN MULTIMEDIA APPLICATIONS UNLESS THE IMAGES OR CLIPS ARE INCORPORATED FOR VIEWING PURPOSES ONLY AND NO PERMISSION IS GIVEN TO DOWNLOAD AND/OR SAVE THE IMAGES OR CLIPS FOR ANY REASON. YOU MAY NOT RENT, LEASE, SUBLICENSE OR LEND THE IMAGES OR CLIPS OR FONT SOFTWARE OR FONT OUTPUT, OR ANY COPIES THEREOF, TO ANOTHER PERSON OR LEGAL ENTITY. YOU MAY NOT MODIFY THE FONT SOFTWARE IN ANY WAY. YOU MAY NOT USE ANY IMAGES OR CLIPS PRESENTED IN ANY SOFTWARE SPLASHSCREENS, WELCOME SCREENS, PRODUCT PACKAGING AND/OR MARKETING COLLATERAL. YOU MAY NOT USE ANY IMAGES OR CLIPS, FONT SOFTWARE OR FONT OUTPUT OR SAMPLE CONTENT EXCEPT AS EXPRESSLY PERMITTED BY THIS EULA. You may, however, transfer subject to WinZip's license transfer authorization, all Your EULA to use the Images or Clips or Font Software to another person or legal entity, provided that (i) You transfer the Software, including the Images or Clips or Font Software, and this EULA, including all copies (except copies incorporated into Your work product as permitted under this EULA), to such person or entity, (ii) You retain no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of this EULA.
October 2012 (1.0)