WinZip Self-Extractor Registered License
This registered license is for users who have obtained from WinZip Computing a valid registration code for WinZip Self-Extractor 4.0. If you have not obtained a valid registration code for WinZip Self-Extractor 4.0, see the section titled WinZip Self-Extractor Evaluation License.
WinZip Self-Extractor 4.0 Registered License
Your Agreement to this License
This License only applies to the executable code for the English-language version of the WinZip® Self-Extractor 4.0 software and any accompanying distributable files, data and materials ("WinZip Self-Extractor"). You should carefully read the following terms and conditions before using, installing, copying, or distributing WinZip Self-Extractor. 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 Self-Extractor 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 Self-Extractor 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.
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 Self-Extractor. 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 Self-Extractor.
Scope of License
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 Self-Extractor, 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 Self-Extractor on one computer or workstation. If you have purchased a multi-user license and received a valid registration file or code, you or your organization have the right to install a copy of WinZip Self-Extractor on multiple computers up to the number of "Licensed Copies" that you have acquired, as indicated in the documents issued by WinZip Computing when granting the License.
Each Licensed Copy of WinZip Self-Extractor may be accessed through a network, provided that you have purchased a Licensed Copy for each workstation that will access WinZip Self-Extractor through the network. For instance, if 8 different workstations will access WinZip Self-Extractor on the network, you must purchase 8 Licensed Copies of WinZip Self-Extractor, regardless of whether the 8 workstations will access WinZip Self-Extractor at different times, or concurrently.
WinZip Self-Extractor may be used to create an unlimited number of freely distributable, royalty-free self-extracting Zip files. Each self-extracting Zip file contains, among other things, a portion of WinZip Self-Extractor, 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.
Except for the Extraction Software as embodied in self-extracting Zip files created using the WinZip Self-Extractor, you may not give, transfer or sell copies of WinZip Self-Extractor to your customer(s), or any third party, in whole or in part, nor include copies of WinZip Self-Extractor, in whole or in part, in, or with, products you sell.
If you have purchased a Multi-User License, you are responsible for duplicating and distributing WinZip Self-Extractor for use in accordance with the terms of this License, and for monitoring the number of copies of WinZip Self-Extractor installed and used by your organization. For more information regarding Multi-User Licenses, please visit the WinZip Computing website at www.winzip.com.
All rights of any kind in WinZip Self-Extractor that are not expressly granted in this License are entirely and exclusively reserved to and by WinZip Computing. WinZip Self-Extractor is protected by the United States copyright laws and other applicable national and international laws and treaties.
You may use, install and distribute WinZip Self-Extractor 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 Self-Extractor, in whole or in part, nor permit anyone else to do so. You may not make access to WinZip Self-Extractor 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 Self-Extractor.
Warranty Disclaimers and Liability Limitations
WinZip Self-Extractor, 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 Self-Extractor. Neither WinZip Computing nor any of its affiliates or licensors warrants that the operation of WinZip Self-Extractor 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 Self-Extractor, 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 Self-Extractor 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 Self-Extractor. 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 Self-Extractor, 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 Self-Extractor in applications or systems where WinZip Self-Extractor'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.
U.S. Government End Users
WinZip Self-Extractor 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 Self-Extractor and any related documentation with only those rights set forth in this License.
WinZip Self-Extractor 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 Self-Extractor. 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 Self-Extractor 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.
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 Self-Extractor 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 Self-Extractor, 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 Self-Extractor, 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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