This Terms of Use Agreement was last updated on March 13, 2009. Any changes to these terms will be posted on this page and will be effective immediately upon posting.
This Terms of Use Agreement (the “Agreement”) sets forth the standards of use of the PKWARE, Inc. website. By using the website (www.pkware.com), you agree to the terms and conditions herein. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. PKWARE reserves the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Your continued use of the website after amendments are posted constitutes an acknowledgement and acceptance of this Agreement and its modifications. Except as provided in this provision, this Agreement may not be amended.
Disclaimer of Warranties
This website is provided by PKWARE, Inc. (“PKWARE”) on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, PKWARE makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. PKWARE shall have no liability for any interruptions in the use of this website and disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, in such cases the above-referenced exclusion does not apply.
- Limitation of Liability
- Modifications and Interruption to Service
- Third-Party Sites
- Disclaimer Regarding Accuracy of Vendor Information
- Botnets
- Governing Law, Jurisdiction, and Compliance
- Other
PKWARE SHALL NOT be liable for any damages whatsoever, and in particular, pkware shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if PKWARE has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH CASES SOME OF THE ABOVE LIMITATIONS DO NOT APPLY.
PKWARE reserves the right to modify or discontinue the availability of this website or any component thereof with or without notice. PKWARE shall not be liable should it exercise its right to modify or discontinue the availability of this website or any component thereof. By accessing or using this website, you acknowledge and accept that PKWARE does not guarantee continuous, uninterrupted or secure access to this website and operation of such may be interfered with or adversely affected by numerous factors or circumstances outside of its control.
This website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. Such links are provided only as a convenience and you acknowledge that PKWARE is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each individual site, and PKWARE is not responsible for such websites in any manner.
Any third-party product specifications and other similar information have either been provided by their respective vendors or collected from publicly available sources. While PKWARE makes every effort to ensure that the information on this website is accurate, it makes no representations or warranties as to the accuracy or reliability of any information provided on this website. Furthermore, PKWARE makes no warranties or representations whatsoever with regard to any product provided or offered by any third-party, and you acknowledge that any reliance on representations and warranties provided by any third-party shall be at your own risk.
PKWARE retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, PKWARE reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at its discretion.
This website is operated and provided in the State of Wisconsin. As such, PKWARE is subject to the laws of the State of Wisconsin, and such laws will govern this Agreement, without giving effect to any choice of law rules. PKWARE makes no representation that its website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access this website you agree to do so subject to the internal laws of the State of Wisconsin. Any legal action brought concerning this Agreement or any dispute arising from any act or omission arising from this Agreement shall be brought only in the courts of the state of Wisconsin in the county of Milwaukee or in the federal courts located in such state and county, and you agree to submit to the jurisdiction of these courts.
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use this website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material to PKWARE or this website that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
If any provision of this Agreement is proved to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) will not be affected thereby and will remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by PKWARE, in its sole discretion, to a third party in the event of a merger or acquisition involving PKWARE. This Agreement applies in addition to, and shall not be superseded by, any other written agreement between you and PKWARE in relation to your use of any PKWARE-owned website. You agree that by accepting this Agreement, you consent to the use and disclosure of your personally identifiable information and other practices described below in the Privacy Policy.
This Privacy Policy was last updated on March 13, 2009. Any changes to this policy will be posted on this page and will be effective immediately upon posting.
PKWARE is committed to protecting your privacy. This Privacy Policy sets forth the current privacy practices of PKWARE with regard to the information collected when you or your computer interact with this website. By accessing www.pkware.com or any other domain controlled by PKWARE, you acknowledge and fully understand PKWARE’s Privacy Policy and freely consent to the information collection and use practices described in this Privacy Policy.
1. Participating Merchant Policies
Related services and offerings with links from this website, including vendor sites, have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. Online merchants and others who participate in PKWARE services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy. However, since PKWARE does not have direct control over the policies or practices of participating merchants and other third parties, PKWARE is not responsible for the privacy practices or contents of those websites.
2. Collected Information and How It is used
PKWARE collects certain information from and about its website users three ways: directly from its web server logs, the user, and with cookies. This information helps PKWARE administer its website, improve content and gather broad demographic information for aggregate use as well as verify whether a visitor has opted to receive additional information. PKWARE will not sell personally identifiable information to third parties without your permission.
- Web Server Logs
When you visit the PKWARE website, PKWARE may track information to administer the site and analyze your usage. Examples of tracked information include (but are not limited to):
- IP Address
- Browser type
- Number links clicked within the website
- State or country from which the website is accessed
- Date and time of visit
- Internet service provider name
- Web page linked from to visit this website
- Pages viewed on the website
-
Use of Cookies
PKWARE uses cookies throughout its website to enhance your convenience in using its website, to improve search functionality or to hold information that you would otherwise need to re-key. PKWARE reserves the right to share aggregated site statistics with its partner companies, but does not allow other companies to place cookies on its website unless there is a temporary, overriding customer value (such as merging into a website that relies on third-party cookies).
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on the PKWARE website.
- Personal Information Users Throughout the website there are several forms that request information and/or allow you to purchase products and services. When you complete these forms, PKWARE will request some personal information such as name, address, email address, telephone number or fax number, account number and other relevant information. If you are purchasing a service, PKWARE or its agent will request financial information. Any financial information collected is used only to bill you for the products you are purchasing. If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of forms, PKWARE will ask for relevant information. You may also be asked to disclose personal information to allow for PKWARE to provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting. PKWARE reserves the right to use the email address provided by you to inform you of other available products or services, or to contact you about your opinion of current products and services or potential new products and services that may be offered. You may opt-out of receiving future mailings from PKWARE by following the procedures detailed in the Choice/Opt-out section located below or in any of the email message(s) you may receive from PKWARE.
- To fulfill your service requests for services
- To protect PKWARE from liability
- To respond to legal process or comply with law, or
- In connection with a merger, acquisition, or liquidation of PKWARE
PKWARE will not disclose personally identifiable information it collects from you to third parties without your permission except to the extent necessary including:
3. Use of Web Beacons or GIF files
PKWARE web pages may contain electronic images known as web beacons – sometimes also called single-pixel gifs – that allow PKWARE to count users who have visited those pages and to deliver co-branded services. PKWARE may also include web beacons in promotional email messages or newsletters in order to determine whether such messages have been opened and acted upon.
Some of these web beacons may be placed by third party service providers to help determine the effectiveness of PKWARE advertising campaigns or email communications. These web beacons may be used by such service providers to place a persistent cookie on your computer. This allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which in turn enables PKWARE and its service providers to learn which advertisements and emails bring you to a PKWARE website and how you use the site. PKWARE prohibits web beacons from being used to collect or access your personal information.
4. Security & Monitoring
This website has commercially reasonable technical and organizational security measures in place with the intent prevent the loss, misuse or alteration of information under PKWARE’s control. However, PKWARE cannot guarantee that unauthorized third parties will never be able to defeat such security measures or use your personal information for improper purposes. PKWARE is under no obligation to monitor the conduct of its website users, but it will investigate and respond when violations are reported. PKWARE reserves the right to delete, remove or exclude any listing or information, in its sole discretion, that does not meet its intent and guidelines for the services offered on the website.
4. Changes to this Policy
PKWARE reserves the right, at any time, to modify, alter, or update this Privacy Policy without prior notice. When this occurs, the “updated” date atop of this Privacy Policy section will also be revised. PKWARE encourages you to periodically review its Privacy Policy to stay informed about how it is helping to protect the personal information it collects. Your continued use of the website and constitutes your agreement to the then-current Privacy Policy.
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 PKWARE, Inc., with all rights reserved, or the property of third parties protected by intellectual property rights and licensed for use by PKWARE. Any use of materials on this website, including reproduction for purposes other than those provided above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of PKWARE is strictly prohibited. By accessing this website, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy any PKWARE-owned web page or the content contained therein without prior written permission of an authorized officer of PKWARE.
Partnerlink, PKSFX, PKUNZIP, PKWARE, the PKWARE logo, PKWARE Data Compression Library, PKWARE SDK, PKZIP, and SecureZIP are all registered trademarks of PKWARE, Inc. in the United States and other countries. Deflate64, PKZIP Command Line, SaveSecure, SecureZIP Mail Gateway, and SecureZIP Partnerlink are trademarks of PKWARE, Inc. Use of any PKWARE intellectual property is subject to PKWARE terms and guidelines, available from PKWARE upon request. PKWARE’s trademarks may not be used in connection with any product or service that is not provided by PKWARE in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PKWARE.
All other trademarks displayed on this website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those owners unless otherwise stated. In addition, use of such trademarks or links to the web sites of their owners or other third parties is not intended to imply, directly or indirectly, that such owners or third parties endorse or have any affiliation with PKWARE unless otherwise stated.
License agreements for PKWARE products vary per product and installation. Standard agreements for most PKWARE products can be found here: http://legal.pkware.com/
Choice/Opt-out
You may opt-out of receiving further communications from PKWARE through any of the following methods:
- Use the opt-out link found at the bottom of an email message you receive from PKWARE; or
- Send a request by email to:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
; or
Call +1.414.289.9788
Last updated on March 15, 2009
HP SLATE & SECUREZIP GIVEAWAY OFFICIAL RULES
NO PURCHASE NECESSARY. A purchase will not increase your chance of winning. The giveaway described hereunder is only open to legal residents of the 50 United States (including Washington D.C.) 18 years of age and older. Void where prohibited. The giveaway period is scheduled to end December 29, 2011 at 11:59 p.m. CT and is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and PKWARE’s decisions, which are final and binding in all matters related to the drawing. Winning a prize is contingent upon fulfilling all requirements set forth herein. Employees of PKWARE Inc., including its subsidiaries, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. How to Enter: In order to be entered into the monthly giveaway for the Hewlett-Packard® Slate 500 Tablet PC including one (1) installation of SecureZIP® (a “Slate”), one must duly complete the entry form. The number of awarded prizes is limited to the quantities set forth below. Limit: Each eligible person who duly completes the entry form may receive only one (1) giveaway entry. Any attempt by any entrant to obtain more than one entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. PKWARE is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. PKWARE’s decisions as to the administration and operation of the selection of potential winners are final and binding in all related matters. Giveaway Winners: On or near the last business day of each of the following months of 2011: July, August, September, October, November, and December, PKWARE will randomly select a potential Slate winner, from all eligible entries. Only one (1) winner per household will be permitted. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY PKWARE WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GIVEAWAY. SUBJECT TO THE TERMS HEREIN, AN ENTRANT IS NOT A WINNER OF ANY PRIZE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. PKWARE WILL SOLELY DETERMINE ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED. Verification of Potential Winners: Potential and verified winners must continue to comply with all terms and conditions of these Official Rules. Winning is contingent upon fulfilling all requirements. The person that is a potential giveaway winner will be notified by email after the date of random drawing. Such potential prize winner may be required to sign and return to PKWARE, within ten (10) days of the date notice is sent, an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited) in order to claim the prize. If a potential winner of any prize cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period, such potential winner forfeits the prize. In the event that a potential winner of any prize is disqualified for any reason, PKWARE will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be three (3) alternate drawings after which the prize will remain unawarded. Prizes will be fulfilled within six (6) weeks after the full validation of each winner. Prizes: SIX (6) GRAND PRIZES (one awarded per month): Hewlett-Packard Slate 500 Tablet PC with SecureZIP Enterprise Edition, Version 12.0 (“SecureZIP”) installed, approximate total retail value $859.95. Installation and use of SecureZIP is subject to the PKWARE, Inc. Master License Agreement located at http://legal.pkware.com/. Odds of winning the prizes depend on the number of eligible entries received during the giveaway period. No cash equivalent will be awarded. All prizes are non-transferable and no substitution will be made except at PKWARE’s sole discretion. PKWARE reserves the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Publicity: Except where prohibited, participation in the Slate giveaway constitutes winner’s consent to PKWARE’s and its agents’ use of winner’s name, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. Reserved Rights: PKWARE owns all rights to all completed and received entries and the contents therein without any payment or restitution to the respondent/entrant except as may be provided herein. Entries’ content may be used for future marketing purposes. PKWARE reserves the right to cancel, suspend and/or modify the giveaway, or any part of it, if any fraud, technical failures or any other factor beyond PKWARE’s reasonable control impairs the integrity or proper functioning of the entries, as determined by PKWARE in its sole discretion. In such event, PKWARE reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. PKWARE reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, acting in violation of these Official Rules, or behaving in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the giveaway may be a violation of criminal and civil law, and, should such an attempt be made, PKWARE reserves the right to seek damages from any such person to the fullest extent permitted by law. PKWARE’s failure to enforce any term of these Official Rules shall not constitute a waiver of such provision(s). Limitations of Liability: PKWARE, its agents and contractors are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized by the giveaway; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process; (4) technical or human error which may occur in the administration of the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the giveaway or receipt or useor misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the giveaway, provided that if it is not possible to award another entry due to discontinuance of the giveaway, or any part of it, for any reason, PKWARE, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, PKWARE reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Wisconsin Eastern District (7th division)(Southern Division) or the appropriate Wisconsin State Court located in Milwaukee County, Wisconsin; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this giveaway, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and PKWARE in connection with the giveaway, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without giving effect to any choice of law or conflict of law rules (whether of the State of Wisconsin or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Wisconsin. Name Removal Notification System: To remove an email address from PKWARE’s mailing list go to http://www.pkware.com/privacy-legal/ and follow the applicable instructions for Choice/Opt-out.
2011 CLOUD COMPUTING AND DLP USAGE SURVEY HP SLATE & SECUREZIP GIVEAWAY OFFICIAL RULES
NO PURCHASE NECESSARY. A purchase will not increase your chance of winning. The giveaway described hereunder is only open to legal residents of the 50 United States (including Washington D.C.) 18 years of age and older. Void where prohibited. The giveaway period is scheduled to end September 30, 2011 at 11:59 p.m. CT and is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and PKWARE’s decisions, which are final and binding in all matters related to the drawing. Winning a prize is contingent upon fulfilling all requirements set forth herein. Employees of PKWARE Inc., including its subsidiaries, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. How to Enter: In order to be entered into the giveaway for the Hewlett-Packard® Slate 500 Tablet PC including one (1) installation of SecureZIP® (a “Slate”), one must duly complete and submit a 2011 Cloud Computing And DLP Usage Survey located at http://survey.constantcontact.com/survey/a07e4j23h27gqzvalwd/start. The number of awarded prizes is limited to the quantities set forth below. Limit: Each eligible person who duly completes and submits the survey may receive only one (1) giveaway entry. Any attempt by any entrant to obtain more than one entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. PKWARE is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, all of which will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. PKWARE’s decisions as to the administration and operation of the selection of potential winners are final and binding in all related matters. Giveaway Winners: On or near October 3, 2011, PKWARE will randomly select a potential Slate winner, from all eligible entries. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY PKWARE WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GIVEAWAY. SUBJECT TO THE TERMS HEREIN, AN ENTRANT IS NOT A WINNER OF ANY PRIZE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. PKWARE WILL SOLELY DETERMINE ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED. Verification of Potential Winners: Potential and verified winners must continue to comply with all terms and conditions of these Official Rules. Winning is contingent upon fulfilling all requirements. The person that is a potential giveaway winner will be notified by email after the date of random drawing. Such potential prize winner may be required to sign and return to PKWARE, within ten (10) days of the date notice is sent, an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited) in order to claim the prize. If a potential winner of any prize cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period, such potential winner forfeits the prize. In the event that a potential winner of any prize is disqualified for any reason, PKWARE will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be three (3) alternate drawings after which the prize will remain unawarded. Prizes will be fulfilled within six (6) weeks after the full validation of each winner. Prizes: One (1) GRAND PRIZE: Hewlett-Packard Slate 500 Tablet PC with SecureZIP Enterprise Edition, Version 12.0 (“SecureZIP”) installed, approximate total retail value $859.95. Installation and use of SecureZIP is subject to the PKWARE, Inc. Master License Agreement located at http://legal.pkware.com/. Odds of winning the prizes depend on the number of eligible entries received during the giveaway period. No cash equivalent will be awarded. All prizes are non-transferable and no substitution will be made except at PKWARE’s sole discretion. PKWARE reserves the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Publicity: Except where prohibited, participation in the Slate giveaway constitutes winner’s consent to PKWARE’s and its agents’ use of winner’s name, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. Reserved Rights: PKWARE owns all rights to all completed and received surveys and entries and the contents therein without any payment or restitution to the respondent/entrant except as may be provided herein. Entries’ content and survey data may be used for future marketing purposes. PKWARE reserves the right to cancel, suspend and/or modify the giveaway, or any part of it, if any fraud, technical failures or any other factor beyond PKWARE’s reasonable control impairs the integrity or proper functioning of the entries, as determined by PKWARE in its sole discretion. In such event, PKWARE reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. PKWARE reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, acting in violation of these Official Rules, or behaving in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the giveaway may be a violation of criminal and civil law, and, should such an attempt be made, PKWARE reserves the right to seek damages from any such person to the fullest extent permitted by law. PKWARE’s failure to enforce any term of these Official Rules shall not constitute a waiver of such provision(s). Limitations of Liability: PKWARE, its agents and contractors are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized by the giveaway; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process; (4) technical or human error which may occur in the administration of the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the giveaway or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the giveaway, provided that if it is not possible to award another entry due to discontinuance of the giveaway, or any part of it, for any reason, PKWARE, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, PKWARE reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Wisconsin Eastern District (7th division)(Southern Division) or the appropriate Wisconsin State Court located in Milwaukee County, Wisconsin; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this giveaway, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and PKWARE in connection with the giveaway, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without giving effect to any choice of law or conflict of law rules (whether of the State of Wisconsin or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Wisconsin. Name Removal Notification System: To remove an email address from PKWARE’s mailing list go to http://www.pkware.com/privacy-legal/ and follow the applicable instructions for Choice/Opt-out.