BY CLICKING THE ACCEPT BUTTON OR DOWNLOADING THE SOFTWARE, YOU AGREE TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND YOU MAY NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
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Portions of the license that are not applicable to PGP freeware have been deleted and marked accordingly.
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CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT") FOR THE LICENSE OF SOFTWARE YOU ARE ABOUT TO DOWNLOAD OR INSTALL, INCLUDING ANY UPDATES AND UPGRADES (EACH DEFINED BELOW) PROVIDED TO YOU UNDER THIS AGREEMENT (COLLECTIVELY, "SOFTWARE") AND THE ACCOMPANYING DOCUMENTATION (THE "DOCUMENTATION"). "PGP CORP" MEANS PGP CORPORATION. "YOU" MEANS THE INDIVIDUAL PERSON INSTALLING OR USING THE SOFTWARE ON HIS OR HER OWN BEHALF; OR, IF THE SOFTWARE IS BEING DOWNLOADED OR INSTALLED ON BEHALF OF AN ORGANIZATION, SUCH AS AN EMPLOYER, "YOU" MEANS THE ORGANIZATION FOR WHICH THE SOFTWARE IS DOWNLOADED OR INSTALLED, AND THE PERSON INSTALLING OR USING THE SOFTWARE REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO DO SO ON YOUR BEHALF.
- License Fees. [not applicable for freeware]
- "Bug Fix" means any bug fix or patch released by PGP Corp, in its sole discretion, to resolve an element of the Software that does not perform according to the Documentation.
- "Client Device" means one computer, workstation, person digital assistant, pager, "smart phone," or other electronic device for which (according to the Documentation), the Software was designed.
- "Gateway Mail Server" means an email server with access to the Internet or other public email services that functions as the last server for outbound email and the first email server for inbound email.
- "Internal Email Account" means a unique email account where email is stored on your email Internal Mail Server(s), excluding forwarders and aliases.
- "Internal Mail Server" means an email server that stores and/or forwards email to and from Internal Email Accounts; this may be a separate server or be functioning as part of a Gateway Mail Server.
- "Key" means either or both components of a public/private cryptographic key pair.
- "PGP Universal Satellite" [not applicable for freeware]
- "Software Update" means any minor software revision to the Software (i.e. providing slight functional improvements) released by PGP Corp in its sole discretion.
- "Software Upgrade" means any major revision to the Software (i.e., providing significantly new functionality) released by PGP Corp in its sole discretion.
- "Software Insurance" [not applicable for freeware]
- License Grants.
- PGP Universal. [not applicable for freeware]
- PGP Command Line. [not applicable for freeware]
- All Other PGP Software. If you have purchased a license to any PGP software other than PGP Universal or PGP Command Line, the following license will apply.
License. Subject to the terms and conditions of this Agreement, PGP Corp hereby grants to you a non-exclusive, non-transferable right to reproduce (solely to install and execute), perform, and use the number of copies of the Software and the Documentation for which you have paid the applicable license fees. If a license authorization from PGP Corp is required for any component of the Software (including the functionality therein), you may only perform and use those components for which you have received a license authorization from PGP Corp. You may install one copy of the Software on one Client Device for which (according to the Documentation) the Software was designed. If the Software is licensed as a suite or bundle with more than one specific component of Software, this license applies to all such components, subject to any restrictions or usage terms specified on the applicable price list that apply to any of such components individually.
- Single Client Device. [not applicable for freeware]
- Server-Mode Use. [not applicable for freeware]
- Volume License Use. [not applicable for freeware]
- Freeware License Use. Subject to the terms and conditions of this Agreement, you may perform and use those components of the Software that are designated by PGP Corp as "freeware" components without payment of any license fees, provided that such performance and use are for noncommercial/nongovernmental purposes only. Noncommercial/nongovernmental purposes include only the following activities: not-for-profit use by students at educational institutions, use by charitable institutions or organizations, or use by a home user for not-for-profit activities.
- Evaluation License Use. [not applicable for freeware]
- Acceptance and Term. The Software will be deemed accepted upon the earlier of (i) when PGP Corp provides you with an electronic download link to the Software, or (ii) when the Software is delivered to you on tangible medium. The term of each order ("Term") will begin on acceptance and will continue for the term specified in your order. For subscription licenses, if no period of time is indicated, the subscription period shall be deemed to be one (1) year. Notwithstanding the foregoing, PGP Corp may terminate this Agreement immediately if you fail to comply with any of the limitations or other requirements in this Agreement. Upon any termination or expiration of this Agreement, you must immediately cease use of the Software and the Documentation and destroy all copies of the Software and the Documentation.
- Support, Maintenance, and Upgrades
- Support and Maintenance. Except with respect to evaluation licenses (as set forth in Section 3(d)) subject to the terms and conditions of this Agreement, you may access the public support area of www.pgp.com (the "PGP Corp Public Support Site") to review the PGP Corp Public KnowledgeBase, FAQs, and other information about the Software and to download Bug Fixes for the version of the Software for which you have a valid license. Except as provided in Sections 5(c) and 5(d) below, you are not entitled to receive any Software Updates or Software Upgrades. Notwithstanding any other provision in this Agreement, PGP Corp will have no obligation to develop Software Updates or Software Upgrades or to make them generally available for download.
- Evaluation Support. [not applicable for freeware]
- Software Insurance. [not applicable for freeware]
- Subscription License. [not applicable for freeware]
- Additional Services. [not applicable for freeware]
- Ownership Rights. The Software and the Documentation are protected by United States copyright laws and international treaty provisions. PGP Corp and its suppliers own and retain all right, title, and interest in and to the Software and the Documentation, including all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation, or use of the Software or the Documentation does not transfer to you any title to the intellectual property in the Software.
- Restrictions. You may not sell, lease, license, rent, loan, or otherwise transfer the Software or the Documentation, with or without consideration. Except as expressly authorized in Section 3(a)(ii), you agree not to permit any third party to use the Software or the Documentation in any form, and to use all reasonable efforts to ensure that no unauthorized use of the Software or the Documentation is made. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau, or other arrangement. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, or disas semble the Software. Notwithstanding the foregoing sentence, decompiling the Software is permitted to the extent the laws of your jurisdiction give you the right to do so to obtain information necessary to render the Software interoperable with other software; provided, however, that you first request such information from PGP Corp and PGP Corp may, in its discretion, either provide such information to you (subject to confidentiality terms) or impose reasonable conditions, including a reasonable fee, on such use of the Software to ensure that PGP Corp's and its suppliers' proprietary rights in the Software are protected. You may not modify, or create derivative works ba sed upon, the Software or the Documentation in whole or in part. You may not copy the Software or the Documentation except as expressly permitted in Section 3. You may not remove any proprietary notices or labels on the Software or the Documentation. All rights in the Software and the Documentation not expressly granted to you in this Agreement are re served by PGP Corp.
- Warranty and Disclaimer.
- Limited Warranty. PGP Corp warrants that for the first sixty (60) days of the Term, the Software, when used as permitted under this Agreement and in accordance with the instructions in the Documentation, will operate substantially as described in the Documentation. PGP Corp will, at its own expense and as its sole obligation and your exclusive remedy for any breach of this warranty, use commercially reasonable efforts to correct any reproducible error you report to PGP Corp during the warranty period, either by providing you with a modified version of the Software that eliminates the error, or by instructing you in methods of operating the Software that eliminate the practical adverse effect of the error. Any such error correction provided to you will not extend the original warranty period. If PGP Corp determines that it is unable to correct the error, PGP Corp will refund to you all license fees you actually paid for the Software, in which case this Agreement and your right to use the Software will terminate. The warranty above gives you specific legal rights, and you may also have other rights which vary from state to state and jurisdiction to jurisdiction. This limited warranty is void if the defect has resulted from accident, abuse, misuse of the Software, or use of the Software in connection with other products, equipment, or software not supplied by PGP Corp. The warranty above gives you specific legal rights, and you may also have other rights which vary from state to state and jurisdiction to jurisdiction.
- Disclaimer. EXCEPT FOR THE EXPRESS WARRANTY IN THIS SECTION 8, THE SOFTWARE AND THE DOCUMENTATION ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PGP CORP DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY WITH RESPECT TO THE SOFTWARE AND THE DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, PGP CORP MAKES NO WARRANTY THAT THE SOFTWARE OR THE DOCUMENTATION IS FAULT-TOLERANT, ERROR-FREE, FREE FROM INTERRUPTIONS OR OTHER FAILURES, OR THAT THE SOFTWARE OR THE DOCUMENTATION WILL MEET YOUR REQUIREMENTS. THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE USED IN ACTIVITIES THAT REQUIRE FAULT-TOLERANT PERFORMANCE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL PGP CORP OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFITS, BUSINESS INTERRUPTION, WORK STOPPAGE, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF PGP CORP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PGP CORP BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT YOU ACTUALLY PAID PGP CORP FOR A LICENSE TO THE SOFTWARE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
- United States Government. [not applicable for freeware]
- Export Controls. You are advised that the Software and the Documentation are subject to the U.S. Export Administration Regulations. You shall not export, re-export, import, or transfer the Software (including PGP Universal Satellite) or the Documentation contrary to U.S. or other applicable laws, whether directly or indirectly, and you shall not assist or facilitate others in doing any of the foregoing. You represent and warrant that (a) neither the United States Bureau of Export Administration nor any other federal agency has suspended, revoked, or denied your export privileges, and (b) you are not located in, a resident of, or a citizen of, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods. You agree not to use or transfer the Software for end use relating to any nuclear, chemical, or biological weapons or missile technology unless authorized by the U.S. Government by regulation or specific license. You acknowledge it is your responsibility to comply with any and all export and import laws and that PGP Corp has no further responsibility after the initial distribution to you within the original country of distribution.
- Miscellaneous. This Agreement is governed by the laws of the United States and the State of California, excluding any conflicts of law principles that would provide for the application of the law of another jurisdiction. Any action or proceeding arising from or relating to this Agreement must be brought in a federal court in the Northern District of California or in state court in Santa Clara County, California, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. PGP Corp reserves the right to periodically audit you to ensure that you are not using the Software in breach of this Agreement. This Agreement represents the entire agreement with respect to the Software and the Documentation between you and PGP Corp, and supersedes any prior agreement, communication, proposal, representation, or understanding between the parties, provided that, in the event of any conflict between this Agreement and a hardcopy software license agreement signed by both you and a duly authorized officer of PGP Corp with respect to the Software, the terms of that software license agreement will prevail. This Agreement may not be modified except by a written amendment (not including conflicting preprinted terms of a purchase order, confirmation, or the like, which will have no effect) expressly referencing this Agreement and signed by a duly authorized officer of PGP Corp. No right or remedy of PGP Corp under this Agreement shall be deemed waived by PGP Corp unless such waiver is in writing and signed by a duly authorized officer of PGP Corp. If any provision of this Agreement is held invalid as written, the remainder of this Agreement will continue in full force and effect and the invalid provision will be deemed modified so as to be enforceable to the maximum extent permitted by applicable law. Unless expressly stated otherwise, in this Agreement "including" means "including but not limited to" and "discretion" means "sole and absolute discretion." This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without PGP Corp's express written consent, and any attempted assignment or transfer in violation of the foregoing will be void and without effect. PGP Corp expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder.
- PGP Corp Customer Contact. If you have any questions concerning these terms and conditions, or if you would like to contact PGP Corp for any other reason, please go to www.pgp.com.