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WinZip – End-User License Agreement
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The Software is licensed to You, not sold to You. 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. 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 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.
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. You agree that if the Software requires mandatory activation or email validation, You will complete the process providing WinZip with accurate information. The Software may include product activation and other technology designed to prevent unauthorized use and copying.
You may not rent, lease 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. 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.
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.
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 negligent actions, ii Your failure to act when required, or iii Your illegal 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. The Software is protected by United States, Canadian and German Intellectual Property laws and international intellectual property laws and treaty provisions. 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 in addition to the usage copies mentioned above 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.
Unless otherwise permitted by mandatory law, 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 are not granted a right to use Marks without the owner’s permission, unless permitted by mandatory law. 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. We may audit Your Software usage for anti-piracy purposes and 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. 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, unless otherwise provided for in this EULA or by law; iv reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software.
The Software may contain bugs, errors and other problems that could cause computer system failures and data loss. 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. Subject to the terms and conditions of this EULA, if i the Software is identified as a demonstration, evaluation or trial 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.
Exact copy means a file that is, for example, identical to the WinZip distribution file available at www. 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.
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. 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.
This clause shall not impair the U. 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.
In such instances, 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. 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. For further warranty information, please contact WinZip Customer Service at help winzip. Corel is liable for damages based on an intentional or grossly negligent breach of duty or malice by Corel, its legal representatives or persons whom it uses to perform its obligations. Insofar as Corel is liable for malice pursuant to sentence 1, compensation for damages of commercial customers is limited to the foreseeable, typically arising damages.
Further, Corel is also liable for damages that are caused by simple negligence if the negligence concerns the breach of such contractual obligations the fulfillment of which is of particular importance to achieving the purpose of the contract and in which You may therefore regularly trust cardinal obligation; Kardinalpflicht.
In this case, liability is limited to the foreseeable, typically arising damages. In addition, Corel has unlimited liability for damage to life, limb, and health for which it is responsible, which are caused by negligent or intentional breach of duty.
Corel also assumes liability to the extent it has provided a guaranty as to quality or durability within the context of this guarantee. Further contractual or statutory liability is — to the extent legally permitted — excluded without regard to the legal status of the claim asserted.
The Software was developed entirely at private expense, and no part of the Software was first produced in the performance of a Government contract. 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 an US-embargoed country, 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 an US-embargoed country.
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 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 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.
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. 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.
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.
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.
Regarding WARRANTY the following shall apply: 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 immaterial bugs and errors. Therefore, the Software — as the case may be in deviation of applicable statutory law – is provided on the basis that remedies regarding such immaterial bugs and errors will only be provided from time to time by bug fixes. 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. 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. 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.