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This Internet Website (the
“Site”) is provided by PGP Corporation. By using our Site,
you are agreeing to comply with and be bound by the
following terms of use. Please review the following terms
carefully. If you do not agree to these terms, you should
not review information or obtain documents or software from
this Site.
1. Acceptance
of Agreement. The Site is offered to you
conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein. Your use of
the Site constitutes your agreement to all such terms,
conditions, and notices.
2. Copyright.
The content, organization, graphics, logos, sounds, images,
design, compilation and other matters related to the Site
are protected under applicable copyrights, trademarks and
other proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the
Site, except as allowed by Section 3, is strictly
prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the
Site. The posting of information or materials on the Site
does not constitute a waiver of any right in such
information and materials.
3. Limited
Right to Use. Except as otherwise indicated on this
Site, you may view, print, copy, and distribute documents on
this Site subject to the following terms and conditions:
- The document may be used
solely for informational, personal, non-commercial
purposes;
- Any copy of the document
or portion thereof must include all copyright and
proprietary notices in the same form and manner as on the
original;
- The document may not be
modified in any way; and
- PGP Corporation reserves
the right to revoke such authorization at any time, and
any such use shall be discontinued immediately upon notice
from PGP Corporation.
Documents specified above do
not include the layout or design of this Site. Elements of
this Site are protected by trade dress or other laws and may
not be imitated or reproduced in whole or in part. Documents
specified above do not include software, programs, logos,
graphics, sounds or images on this Site, which may be
reproduced or distributed only when expressly permitted by
PGP Corporation.
4. Editing,
Deleting and Modification. We reserve the right in
our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
5. Software.
Any software that is made available to download from this
Site ("Software") is the property of PGP Corporation. Use of
the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included
with the Software ("EULA"). An end user will be unable to
install any Software that is accompanied by or includes a
EULA, unless he or she first agrees to and accepts the EULA
terms. The Software is made available for downloading solely
for use by end users according to the EULA. Any reproduction
or redistribution of the Software not in accordance with the
EULA is expressly prohibited by law, and may result in
severe civil and criminal penalties. WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY
OTHER SITE OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS
WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
EULA.
6. Restricted
Rights Legend. Any Software that is downloaded from
this Site for or on behalf of the United States of America,
its agencies and/or instrumentalities ("U.S. Government"),
is provided with Restricted Rights. Use, duplication, or
disclosure by the U.S. Government is subject to restrictions
as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c)(1) and (2) of the
Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer is PGP Corporation,
3460 W Bayshore, Palo Alto, CA 94303.
7.
Indemnification. You agree to indemnify, defend and
hold PGP Corporation and our partners, attorneys, staff and
affiliates harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to
your violation of this Agreement or use of the Site.
8.
Nontransferable. Your right to use the Site is not
transferable. Any password or right given to you to obtain
information or documents is not transferable.
9. Disclaimer.
PGP CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION
CONTAINED IN THE INFORMATION, CONTENT, DOCUMENTS, AND
RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. ALL
SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS
ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND "AS IS"
WITHOUT WARRANTY OF ANY KIND. PGP CORPORATION AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT,
DOCUMENTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT
SHALL PGP CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA,
OR PROFITS, WHETHER IN AN ACTION OF EQUITY, CONTRACT,
NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF INFORMATION, CONTENT, DOCUMENTS,
RELATED GRAPHICS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES AVAILABLE FROM OR THROUGH THIS SITE. THE NEGATION
OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN YOU AND US. THIS SITE AND THE
INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS
PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES,
ERRORS, OR OMISSIONS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. PGP CORPORATION AND/OR ITS RESPECTIVE
SUPPLIERS MAY, BUT IS NOT OBLIGATED TO, MAKE IMPROVEMENTS
AND/OR CHANGES IN THE INFORMATION, SERVICE(S), PRODUCT(S),
AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10. Limits.
All responsibility or liability for any damages caused by
viruses contained within the Site is disclaimed. WE WILL NOT
BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY
TO USE OUR SITE.
11. Global
Availability. Information that we publish on this
Site may contain references or cross references to our
products and services that are not announced or available in
your country. Such references do not imply that we intend to
announce such products or services in your country. Consult
your local PGP Corporation representative for information
regarding the products and services that may be available to
you.
12. Links to
Other Websites. The Site contains links to other
Web sites. We are not responsible for the content, accuracy
or opinions expressed in such Web sites, and such Web sites
are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our
Site does not imply approval or endorsement of the linked
Web site by us. If you decide to leave our Site and access
these third-party sites, you do so at your own risk.
13.
Information and Press Releases. The Site contains
information and press releases about PGP Corporation. While
this information was believed to be accurate as of the date
prepared, we disclaim any duty or obligation to update this
information or any press releases. Information about
companies other than ours contained in the press release or
otherwise, should not be relied upon as being provided or
endorsed by us.
14.
Unsolicited Idea Submissions. PGP Corporation,
including its employees, does not accept or consider
unsolicited ideas, including ideas for new advertising
campaigns, new promotions, new products or technologies,
processes, materials, marketing plans, or new product names.
Please do not send any original creative artwork, samples,
demos, or other works. The sole purpose of this policy is to
avoid potential misunderstandings or disputes when PGP
Corporation’s products or marketing strategies might seem
similar to ideas submitted to use. If, despite our request
that you not send us your ideas and materials, you still
send them, PGP Corporation makes no assurances that your
ideas and materials will be treated as confidential or
proprietary.
15. Copyright.
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should be
sent to PGP Corporation's Copyright Agent. ALL INQUIRIES
FAILING TO FOLLOW THIS PROCEDURE WILL NOT RECEIVE A
RESPONSE. See our
Copyright
Policy.
16. Trademarks.
PGP®, Pretty Good Privacy® and the PGP logo are trademarks
or registered trademarks of PGP Corporation in the United
States and other countries. All other brands or products are
trademarks or registered trademarks of their respective
holders.
17. Privacy
Policy. Our
Privacy Policy,
as may be modified from time to time in our sole discretion,
is hereby incorporated as part of this Agreement.
18.
Miscellaneous. This Agreement shall be treated as
though it were executed and performed in Palo Alto,
California, and shall be governed by and construed in
accordance with the laws of the State of California (without
regard to conflict law principles). Any cause of action by
you with respect to the Site (and/or any information,
products or services related thereto) must be instituted
within one (1) year after the cause of action arose or be
forever waived and barred. All actions shall be subject to
the limitations set forth in Section 9 and Section 10. The
language in this Agreement shall be interpreted as to its
fair meaning and not strictly for or against either party.
All legal proceedings arising out of or in connection with
this Agreement shall be brought solely in San Francisco,
California. You expressly submit to the exclusive
jurisdiction of said courts and consent to extra-territorial
service of process. Should any part of this Agreement be
held invalid or unenforceable, that portion shall be
construed consistent with applicable law and the remaining
portions shall remain in full force and effect. This
Agreement, together with the Privacy Policy, constitutes the
entire and only agreement between us and you and supercedes
any and all prior or contemporaneous agreements,
representations, warranties and understandings with respect
to the Site and the content provided by or through the Site,
and the subject matter of this Agreement. Our failure to
enforce any provision of this Agreement shall not be deemed
a waiver of such provision nor the right to enforce such
provision. |