ATTENTION: The files you are about to download contain the source code for certain PGP software products. PGP Corp is making these source code files available to you for specific limited purposes and you may use these source code files only for these purposes. You should read these license terms carefully and decide whether you are willing to agree to these license terms.
· If you are not willing to agree to these license terms, PGP Corp is not willing to provide the PGP Source Code to you and you must not proceed with the download. By proceeding with the download you are consenting to all of the terms contained herein.
· The PGP Source Code (including its structure, organization, and other non-literal elements) is protected by copyright laws in the United States and other countries. PGP Corp owns and retains all right, title, and interest in and to PGP Source Code, including all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. The unauthorized reproduction or distribution of this copyrighted work is illegal, and may result in civil or criminal liability.
DEFINITIONS:
“ PGP Source Code” means the source code for PGP software provided pursuant to this Agreement.
“ You/you” means the individual person installing or using PGP Source Code on his or her own behalf; or, if the PGP Source Code is being downloaded or installed on behalf of an organization, such as an employer, “ you” means the organization for which the PGP Source Code is downloaded or installed, and the person installing or using the PGP Source Code represents that he or she has the authority to do so on your behalf.
LICENSE TERMS
1. What You Can Do. Under this license, you have the right to:
(a) download the PGP Source Code files and make a reasonable number of copies on a single computer as necessary to exercise the rights granted below;
(b) review the PGP Source Code in these PGP Source Code files in order to verify that there are no unknown vulnerabilities or the like and in order to make your own assessment of the security features of PGP software;
(c) compile the PGP Source Code for each PGP software program into an executable code version of the program;
(d) run the executable code version on one computer solely in order to assist in your testing and cryptographic analysis of the security features of the PGP software; and
(e) modify the PGP Source Code in the course of exercising the rights granted above.
2. What You Cannot Do. Under this license you do not have the right to, and you may not:
(a) modify the PGP Source Code beyond what is allowed above;
(b) make copies of the PGP Source Code files beyond what is allowed above;
(c) remove or alter any notices in the PGP Source Code files relating to patents, copyrights, trademarks, or other proprietary rights;
(d) give (meaning sell, loan, distribute, or transfer) the PGP Source Code files, as originally provided by PGP Corp or as modified by you or anyone else, to anyone else (unless you are downloading the PGP Source Code files in the course of performing duties for your employer, in which case you can share the PGP Source Code files with fellow employees as long as you do not make additional copies and otherwise comply with these license terms);
(e) use executable code versions of PGP software programs created by compiling these PGP Source Code files for any purpose or reason other than verifying that there are no unknown vulnerabilities or the like or otherwise making your own assessment of the integrity of the PGP Source Code and the security features of the PGP software; or
(f) give (meaning sell, loan, distribute, or otherwise transfer) any executable code version of PGP software programs to anyone else.
If you have any questions about what is or is not permitted under these license terms or if you would like to obtain the right to use PGP Source Code in ways that are not allowed under these license terms, you should contact PGP Corp at source@pgp.com.
3. Reporting Bugs. If you discover any “bug” or problem in the PGP Source Code in these files, or anything you think is a “bug” or problem in the PGP Source Code or a deficiency or weakness in the security features of the PGP software, you should report the bug, problem, deficiency, or weakness (including any suggested code fixes you have prepared or any other information you have that could help PGP Corp reproduce, verify, and correct it) to PGP Corp at source@pgp.com.
PGP Corp will endeavor to send an email acknowledgement (signed by PGP Corp) within five business days for those reports that describe a serious security bug, problem, deficiency, or weakness in the PGP software. If you do not receive such an email acknowledgement to a report you submitted (and you think you should have), please re-submit the report to PGP Corp as soon as possible.
You agree that you will not post any information about any bug, problem, deficiency, or weakness in the PGP software on any web site or electronic bulletin board, or otherwise disclose or provide any such information to anyone else, unless you have first reported it to PGP Corp and until at least 30 days after PGP Corp sends its email acknowledgement to you.
PGP Corp takes reported bugs and security weaknesses in its software very seriously and strives to offer its customers the most secure and reliable software products available (given the functionality, features, and price of the software). However, PGP Corp cannot promise that it will respond to, analyze, attempt to correct, or correct each and every bug or security weakness that is reported to PGP Corp, and hence PGP Corp will have no obligation to you under these license terms to respond to, analyze, attempt to correct, or correct any bug, problem, deficiency, or weakness you report to PGP Corp. If PGP Corp does correct a bug, problem, deficiency, or weakness in a PGP software program you report to PGP Corp under these license terms, the correction will be made available to PGP Corp’s customers in a subsequent patch, update, or general release of the affected PGP software.
4. Ownership of PGP Software and PGP Source Code. All rights not expressly granted to you in these license terms are reserved by PGP Corp. PGP Corp retains ownership of all copyrights, patent rights, and other intellectual property rights throughout the world in the PGP Source Code and software. You agree that PGP Corp will own, and you hereby assign, all intellectual property rights in any modifications you make to the PGP Source Code and in any bug reports you submit to PGP Corp.
5. No Warranties; Limitation of Liabilities. PGP Corp is willing to provide these PGP Source Code files to you for a nominal charge as long as you understand and agree that, to the maximum extent allowed under applicable law:
(a) These PGP Source Code files are provided to you “AS IS” and PGP Corp makes no representations, warranties, guarantees, or conditions of any kind regarding these PGP Source Code files or the PGP Source Code contained in these files. Without limiting the previous sentence, PGP Corp disclaims all express, implied, or statutory warranties, conditions, or duties regarding (i) merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, or accuracy, (ii) the PGP software or PGP Source Code being free of bugs or errors, or (iii) use of the PGP Software in nuclear power plants, aircraft navigation or communications, air traffic control, weapons systems, or other high-risk activities.
(b) PGP Corp’s total, cumulative liability arising from or relating to these PGP Source Code files and the PGP Source Code contained in these files, under any and all theories of liability and causes of action (whether in tort, in contract, or otherwise), will be limited to direct damages up to the amount you actually pay to PGP Corp for use of the PGP Source Code pursuant to this agreement. Without limiting the previous sentence, in no event will PGP Corp be liable for any lost profits, loss of data, or other consequential, incidental, indirect, special, exemplary, or punitive damages arising from or relating to these PGP Source Code files and the PGP Source Code contained in these files.
6. General Terms . Your rights under these license terms are nonexclusive and personal and cannot be assigned, sublicensed, or transferred in any other manner to anyone else, and any attempted assignment, sublicense, or transfer will be null and void. PGP Corp may terminate your rights under these license terms, by giving you notice of termination, if you breach or violate these license terms; upon termination, you must destroy the CD containing the PGP Source Code, all copies of the PGP Source Code files, and all copies of executable code versions of the PGP software created by compiling these PGP Source Code files, in your possession or control and certify such destruction to PGP Corp in writing. These license terms will be governed by U.S. federal patent and copyright laws and the laws of the State of California (regardless of conflicts of laws principles); the U.N. Convention on Contracts for the International Sale of Goods will not apply to these license terms. 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. If these license terms are translated into any language other than English, the English version of these license terms will prevail in the event of any inconsistency. These license terms can be amended, and any waiver by PGP Corp of any right or remedy under these license terms will be effective, only by means of a written document signed and delivered by an authorized officer of PGP Corp that expressly states PGP Corp’s agreement to amend these license terms or waive its rights or remedies.
7. U.S. Government Rights. This paragraph applies to you only if you are an employee, agent, or representative of the U.S. government. The PGP Source Code and software and any 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 of the PGP Source Code, software, or documentation by the United States Government will be governed solely by these license terms and is prohibited except to the extent expressly permitted by these license terms.
8. Export Control Laws. You are advised that the PGP Source Code, software, and documentation are subject to the U.S. Export Administration Regulations. You agree that you will not export, re-export, import, or transfer the PGP Source Code, software, or documentation in violation of any U.S. or other applicable laws, whether directly or indirectly, and you will not assist or facilitate others in doing so. 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.