PGP Corporation End User License Agreement
BY CLICKING THE YES BUTTON OR INSTALLING 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 MUST NOT INSTALL
THE SOFTWARE, AFTER WHICH YOU MAY RETURN THE SOFTWARE TO THE PLACE OF PURCHASE
FOR A REFUND.
CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT") FOR THE
LICENSE OF SOFTWARE YOU ARE ABOUT TO DOWNLOAD OR INSTALL (THE "SOFTWARE").
"PGP" 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 YOU REPRESENT THAT YOU HAVE AUTHORIZED THE PERSON
ACCEPTING THIS AGREEMENT TO DO SO ON YOUR BEHALF.
YOU HEREBY EXPRESSLY CONSENT TO PGP CORPORATION'S PROCESSING OF YOUR PERSONAL DATA (WHICH
MAY BE COLLECTED BY PGP OR ITS DISTRIBUTORS) ACCORDING TO PGP'S CURRENT PRIVACY
POLICY WHICH IS INCORPORATED INTO THIS AGREEMENT BY REFERENCE (SEE HTTP://WWW.PGP.COM/privacy.php).
IF "YOU" ARE AN ORGANIZATION, YOU WILL ENSURE THAT EACH MEMBER OF
YOUR ORGANIZATION (INCLUDING EMPLOYEES AND CONTRACTORS) ABOUT WHOM PERSONAL
DATA MAY BE PROVIDED TO PGP HAS GIVEN HIS OR HER EXPRESS CONSENT TO PGP'S PROCESSING
OF SUCH PERSONAL DATA. PERSONAL DATA WILL BE PROCESSED BY PGP OR ITS DISTRIBUTORS
IN THE COUNTRY WHERE IT WAS COLLECTED, IN THE UNITED STATES, AND POSSIBLY IN
THE U.K.; UNITED STATES LAWS REGARDING PROCESSING OF PERSONAL DATA MAY BE LESS
STRINGENT THAN THE LAWS IN YOUR JURISDICTION.
- License Grant. Subject to the terms and conditions of this Agreement,
PGP 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 accompanying documentation (the "Documentation") for
which you have paid the applicable license fees. License fees for the Software
are set forth in the price list provided to you by PGP or one of its authorized
distributors or on the order submitted by you and accepted by PGP or one of
its authorized distributors; however, license fees do not apply to evaluation
licenses or freeware licenses, as set forth in Sections 1(d) and 1(e), respectively.
If a license authorization from PGP 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. You
may install one copy of the Software on one computer, workstation, personal
digital assistant, pager, "smart phone," or other electronic device for which
(according to the Documentation) the Software was designed (each, a "Client
Device"). 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. For single-copy licenses, the Software may
not be installed or in use on more than one Client Device or by more than
one user at a time, except as set forth in this Section 1. The Software
is "in use" on a Client Device when it is loaded into the temporary memory
(i.e., random-access memory or RAM) or installed into the permanent memory
(e.g., hard disk, CD-ROM, or other storage device) of that Client Device.
This license authorizes you to copy the Software and the Documentation solely
for backup or archival purposes, provided that any such copy remains in
your possession and retains all proprietary notices, unaltered and unobstructed.
- Server-Mode Use. You may reproduce (solely to install and execute),
perform, and use the Software on a server ("Server") within a multi-user
or networked environment ("Server-Mode") only if such use is permitted in
the applicable price list for the Software. A separate license fee is required
for each and every Client Device that may connect to the Server at any time,
regardless of whether such Client Devices are concurrently connected to,
accessing, or using the Software on the Server. Use of software or hardware
that reduces the number of Client Devices directly accessing or utilizing
the Software (e.g., "multiplexing" or "pooling" software or hardware) does
not reduce the number of licenses required (i.e., the required number of
licenses would equal the number of distinct inputs to the multiplexing or
pooling software or hardware "front end"). If the number of Client Devices
that can connect to the Software can exceed the number of licenses you have
obtained, then you must have a reasonable mechanism in place to ensure that
your use of the Software does not exceed the use limits specified for the
license you have obtained. This license authorizes you to make or download
one copy of the Documentation for each Client Device that is licensed, provided
that each such copy contains all of the Documentation's proprietary notices
unaltered and unobstructed.
- Volume License Use. If the Software is licensed with volume license
terms specified in the applicable product invoicing for the Software, you
may reproduce (solely to install and execute), perform, and use the number
of copies of the Software on the number of Client Devices as the volume
license terms in the product invoicing specify. You must have a reasonable
mechanism in place to ensure that the number of Client Devices on which
the Software has been installed does not exceed the number of licenses you
have obtained. This license authorizes you to make or download one copy
of the Documentation for each additional copy authorized by the volume license,
provided that each such copy contains all of the Documentation's proprietary
notices unaltered and unobstructed.
- Evaluation License Use. If you have ordered an evaluation license
for the Software, you may use the Software only for evaluation purposes
and only during the applicable evaluation period. Any use of the Software
for other purposes or beyond the applicable evaluation period is strictly
prohibited.
- 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 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.
- Term. The term of this Agreement ("Term") shall begin when you download
or install the Software or pay the applicable license fees (whichever is earlier)
and shall continue for the term specified in your order. Notwithstanding the
foregoing, PGP 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 Documentation.
- Support, Maintenance, and Upgrades.
- Support and Maintenance. Except with respect
to evaluation licenses and freeware licenses (as set forth in Sections 1(d)
and 1(e), respectively): during the first year of the Term and subject to
the terms and conditions of this Agreement, you may access the support area
of www.pgp.com (the "PGP Support Site") to review the PGP knowledge base,
FAQs, and other information about the Software and to download Software
Updates that PGP, in its discretion, makes available to you for download.
"Software Update" means any minor software release, patch, or fix to the
version of the Software initially provided to you under this Agreement,
but shall not include any major software release featuring significantly
new functionality that PGP in its discretion offers as an upgrade or a separate
product; for example, an update with a version number (as designated by
PGP) that is incremented by tenths or hundredths would generally be designated
by PGP as a Software Update. After the first year of the Term, you have
no further rights to receive any revisions, updates, or upgrades unless
and until: (1) if your license term is for one year only (as set forth on
your order), you agree to PGP's then-current terms for a new license to
the Software and pay the applicable license fee, or (2) if your license
term is longer than one year (as set forth on your order), you purchase
support and maintenance services as provided in the immediately preceding
sentence.
- Freeware and Evaluation Support. PGP may, in its discretion, provide
access (in a public area of www.pgp.com) to a sub-set of the PGP knowledge
base, certain FAQs, or other information about the Software. This section
3(b) sets forth PGP's sole obligation for providing support or maintenance
for evaluation licenses or freeware licenses (as set forth in Sections 1(d)
and 1(e), respectively).
- Upgrade Insurance. If you purchased Upgrade Insurance at the time
you initially purchased a license to the Software you may, during the time
period covered by the Upgrade Insurance (as specified in your order), download
Software Upgrades that PGP generally makes available at www.pgp.com. "Upgrade
Insurance" means the right to obtain Software Upgrades during a specified
time and "Software Upgrade" means any major revision to or new release of
the Software.
- Subscription License. If you purchased a subscription license, subject
to the terms and conditions of this Agreement and during the term of your
subscription license (as specified in your order), you may access the PGP
Support Site to review the PGP knowledge base, FAQs, and other information
about the Software and to download Software Updates that PGP, in its discretion,
makes available to you for download.
- Additional Services. You may purchase additional support, maintenance,
and other services at additional cost and subject to PGP's then-current
terms for such services (which you agree will govern the provision of such
services).
-
Ownership Rights. The Software and Documentation are protected
by United States copyright laws and international treaty provisions. PGP
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,
and you will not acquire any rights to the Software or the Documentation
except as expressly set forth in this Agreement. All copies of the Software
and Documentation made hereunder must contain the same proprietary notices
that appear on and in the Software and Documentation.
- Restrictions. You may not sell, lease, license, rent, loan, or otherwise
transfer the Software or the Documentation, with or without consideration.
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, except to the extent such use is specified
in the applicable price list, order, or product packaging for the Software.
You may not transfer any of the rights granted to you under this Agreement.
You may not reverse engineer, decompile, or disassemble 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 must first request such information from PGP and PGP 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's and its suppliers' proprietary rights
in the Software are protected. You may not modify, or create derivative works
based upon, the Software or the Documentation in whole or in part. You may
not copy the Software or Documentation except as expressly permitted in Section
1 above. You may not remove any proprietary notices or labels on the Software
or the Documentation. All rights not expressly set forth hereunder are reserved
by PGP.
- Warranty and Disclaimer.
- Limited Warranty. PGP warrants that for the first sixty (60) days
of the Term, the media (e.g., CD-ROM) on which the Software was delivered
(if any) will be free from defects in materials and workmanship.
- Customer Remedies. PGP and its suppliers' entire liability and
your exclusive remedy for any breach of the foregoing warranty shall be,
at PGP's option, either (i) replacement of the defective media on which
the Software was delivered, or, (ii) return of the amount you paid for the
license, if any. You must return the defective media to PGP at your expense
with a copy of your receipt. This limited warranty is void if the defect
has resulted from accident, abuse, or misuse of the media. Any replacement
media will be warranted solely for the remainder of the original warranty
period. Outside the United States, the remedy in clause (i) above is not
available to the extent prohibited by United States export control laws
and regulations. 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 SECTION 6(A), THE
SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, PGP 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 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. The foregoing provisions shall
be enforceable to the maximum extent permitted by applicable law.
- Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL PGP 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. IN NO EVENT WILL PGP BE LIABLE FOR ANY DAMAGES IN EXCESS OF
THE AMOUNT ACTUALLY PAID FOR A LICENSE TO THE SOFTWARE, EVEN IF PGP HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. The foregoing provisions
shall be enforceable to the maximum extent permitted by applicable law.
- United States Government. The Software and accompanying Documentation
are deemed to be "commercial computer software" and "commercial computer software
documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section
12.212 (or successor regulations), as applicable. Any use, modification, reproduction,
release, performance, display, or disclosure of the Software or the Documentation
by the United States Government shall be governed solely by the terms of this
Agreement and shall be prohibited except to the extent expressly permitted
by the terms of this Agreement.
- 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 or the Documentation contrary
to U.S. or other applicable laws, whether directly or indirectly, and you
will 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 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.
The application of the United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded. PGP reserves the right to periodically
audit you to ensure that you are not using any Software in breach of this
Agreement: during your standard business hours and upon prior written notice,
PGP or its representatives may visit you and you will make available to PGP
or its representatives any records pertaining to the Software; the cost of
any requested audit will be solely borne by PGP, unless such audit reveals
that you are using the Software beyond the scope of the express licenses in
this Agreement, in which case you shall pay the cost of the audit. If you
use the Software for noncommercial/nongovernmental purposes (which purposes
include, exclusively, not-for-profit use by students at educational institutions,
use by charitable institutions or organizations, or use by home users for
not-for-profit activities) the foregoing sentence regarding PGP's audit rights
does not apply. This Agreement represents the entire agreement with respect
to the Software and the Documentation between you and PGP, and supersedes
any prior agreement (including any license agreement presented to you by Network
Associates (the prior owner of the software) that purports to grant a Software
license to you) or 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 PGP with
respect to the Software, the terms of that software license agreement shall
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 provision
and signed by a duly authorized officer of PGP. No right or remedy of PGP
under this Agreement shall be deemed waived by PGP unless such waiver is in
writing and signed by a duly authorized officer of PGP. If any provision of
this Agreement is held invalid as written, the remainder of this Agreement
shall 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's express written consent,
and any action or conduct in violation of the foregoing shall be void and
without effect. PGP expressly reserves the right to assign this Agreement
and to delegate any of its obligations hereunder.
- PGP CUSTOMER CONTACT. If you have any questions concerning these
terms and conditions, or if you would like to contact PGP for any other reason,
please go to http://www.pgp.com.