PKWare, INC. Terms of Use Agreement
Last updated on April 22, 2022
Introduction
This Terms of Use Agreement (the “Agreement”) sets forth the standards of use of for the websites owned or controlled by PKWARE, Inc. and its affiliates (collectively “PKWARE”). This Agreement applies to the following website(s) owned and controlled by PKWARE, including www.pkware.com, www.dataguise.com, or any other domain controlled by PKWARE (collectively, the “Websites”, or individually, a “Website”). By accessing a Website, you acknowledge and fully agree to the terms and conditions of this Agreement without modification. If you do not agree to the terms and conditions of this Agreement, you shall immediately cease usage of the 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 an amendment is posted constitutes an acknowledgement and acceptance of this Agreement and its modifications. Except as provided in this provision, this Agreement may not be amended.
USE
This Website and all of its content are the exclusive property of PKWARE and its licensors and service providers. This includes, without limitation, all text, design, graphics, videos, logos, images, icons, downloads, interfaces, code, and software, and the selection and arrangement thereof. This Website and all of its content are protected individually and as a compilation by copyright, trademark, and other applicable laws of the United States and other countries, and PKWARE reserves all its rights thereunder. All trademarks, service marks, and logos on this Website are the property of their respective owners. Nothing on this Website shall be construed as granting any license or right to use any trademark, service mark, or logo without the owner’s prior written permission, except as otherwise expressly stated herein. PKWARE makes no warranty or representation that your use of this Website will not infringe rights of third parties.
PKWARE allows site users to access, download, print, and copy the material contained on this Website for their personal use in learning about, evaluating, or acquiring PKWARE products and services, provided that such use must be limited to what is reasonably necessary for such purposes, and that users must not modify or delete any copyright, trademark, or other proprietary notice on such material.
PKWARE expressly prohibits any other use of content of this Website, including without limitation copying, uploading, modifying, distributing, publishing, transmitting, reverse engineering, selling, licensing, or creating derivative works from any content of this Website or the PKWARE products or services described herein. Any use of content of this Website for purposes competitive to PKWARE is expressly prohibited. PKWARE also expressly prohibits any use of any hardware, device, software, or routine to damage or interfere with this Website or its operation or to gain unauthorized access to any hardware, software, system, or data.
PKWARE prohibits anyone from framing this Website or its content or using our Website content or proprietary marks as meta tags, except with our prior written consent. This prohibition covers all framing and “hidden text” techniques and technology.
MATERIALS YOU SUBMIT
Your use of this Website constitutes acknowledgement that you are responsible for any material you submit via this Website in any manner. Your responsibility includes without limitation assuring the legality, ownership, and truthfulness of and intellectual property and other rights to the information you submit. You may not submit false or misleading information about your identity or contact addresses or the origin of the material you are submitting, including when registering to download content from this Website. You are prohibited from submitting, uploading, publishing, or otherwise distributing in connection with this Website any content that (i) may violate any law or give rise to liability; (ii) may violate or infringe on the rights of any party, including without limitation intellectual property rights and rights to privacy; (iii) is false, fraudulent, libelous, defamatory, obscene, sexually oriented, profane, threatening, harassing, abusive, or otherwise objectionable; (iv) is confidential or proprietary (without authorization); or (v) may contain malware, spam, commercial content, political campaigning, or chain letters.
Submission of personal information to PKWARE or its service providers and use of that information by PKWARE are subject to the PKWARE Website Privacy Policy [pkware.com/privacy] posted on this Website. Unless PKWARE indicates otherwise, by submitting any material to PKWARE via this Website, you are granting PKWARE and its affiliates an unrestricted, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, display, publish, reproduce, modify, adapt, translate, distribute, and create derivative works from such material throughout the world in any media. You further agree that PKWARE and its affiliates are free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to us. You grant PKWARE and its affiliates in their discretion the right to use the name you submit in connection with such material. With respect to all material you submit, you represent and warrant that (i) it is accurate; (ii) you own or otherwise control all the rights to it; (iii) its use does not violate any provision of these Terms of Use; (iv) its use will not cause injury to any person or entity; and (v) you will indemnify and hold harmless PKWARE, its affiliates, and their respective directors, officers, employees, contractors and subcontractors, agents, licensors, service providers, and suppliers for all claims resulting from it.
PRIVACY
Use of the Website is subject to our Privacy Policy [pkware.com/privacy]. By using the Website you agree to be bound by the terms and conditions contained in our Privacy Policy.
Website Availability
You acknowledge that due to the nature of the Internet, PKWARE cannot guarantee that access to the Site will be uninterrupted or that e–mails or other electronic transmissions will be sent to you, received by PKWARE or communicated to others.
PKWARE periodically schedules system downtime for maintenance and other purposes and the Website may be unavailable due to unplanned system outages. PKWARE shall have no liability whatsoever for the resulting unavailability of the Website or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages.
Disclaimer of Warranties
Nothing contained on the Website shall create any express or implied warranty about any PKWARE product or website. All such warranties for any PKWARE product or service shall be set forth in the applicable software license or services agreement.
The Website is provided by PKWARE on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, PKWARE MAKES NO REPRESENTATION OR WARRANTY THAT (A) THIS WEBSITE OR ANY TECHNOLOGY ASSOCIATED WITH IT WILL BE SECURE OR FREE FROM MALWARE; (B) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (C) INFORMATION ON THE WEBSITE WILL BE ACCURATE, COMPLETE, OR TIMELY; OR (D) USE OF INFORMATION OR MATERIALS ON THIS WEBSITE WILL BE ADEQUATE, USEFUL, RELIABLE, OR SUITABLE FOR ANY PURPOSE. PKWARE 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
YOU ACKNOWLEDGE AND AGREE TO ALL OF THE FOLLOWING: (I) THIS WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE; (II) YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS WEBSITE; (III) USE OF THIS WEBSITE IS AT YOUR OWN RISK; (IV) ANY INFORMATION YOU SEND OR RECEIVE MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES; AND (V) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PKWARE NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS WEBSITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK OR INFORMATION ON THIS WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR ANY DELAY OR INABILITY TO USE THIS WEBSITE, OR FROM ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THIS WEBSITE, THE REMOVAL OR DELETION OF ANY MATERIALS POSTED ON OR SUBMITTED TO THIS WEBSITE, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND/OR GOODS, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE, RELIANCE ON CONTENT, USER SUBMISSIONS, AND/OR OTHER SUBMISSIONS ON OUR WEBSITE, OR ANYTHING OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PKWARE, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY ERROR, OMISSION, DEFECT, FAILURE OF PERFORMANCE, INTERRUPTION, DELETION, DELAY, MALWARE, DATA CORRUPTION, OR NETWORK OR SYSTEM OUTAGE RELATING TO THIS WEBSITE. THIS DISCLAIMER ALSO APPLIES TO ANY TANGIBLE OR INTANGIBLE LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OF YOUR OR ANY THIRD PARTY’S PROFITS, AND ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS, OR USE OF ANY RECORD OR DATA. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PKWARE, ITS AFFILIATES, AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY ACTS OF ANY THIRD PARTY IN CONNECTION WITH THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY USER OF THIS WEBSITE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PKWARE WEBSITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE PKWARE WEBSITE. YOU AND PKWARE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS. IN SUCH JURISDICTIONS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless PKWARE, its affiliates, and their respective directors, officers, employees, contractors and subcontractors, agents, licensors, service providers, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of this Website or any violation of these Terms of Use. If you cause a technical disruption of the Website or the systems making the site available to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. PKWARE reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with PKWARE in the defense of such matter.
EXPORT AND GOVERNMENT USE
You acknowledge and agree that materials found on this Website may be subject to the U.S. Export Administration Laws and Regulations. Diversion of such materials contrary to U.S. law is prohibited. You agree that none of the materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries currently subject to U.S. embargo are: Cuba, Iran, North Korea, and Syria. This list is subject to change without further notice from PKWARE, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Any of our technology 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.
Modifications and Interruption to Service
PKWARE reserves the right to modify or discontinue the availability of the Website or any component, product, or service thereof with or without notice. PKWARE shall not be liable should it exercise its right to modify or discontinue the availability of the Website or any component thereof. By accessing or using the Website, you acknowledge and accept that PKWARE does not guarantee continuous, uninterrupted, or secure access to the Website and operation of such may be interfered with or adversely affected by numerous factors or circumstances outside of its control.
Third-Party Sites
The 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.
Disclaimer Regarding Accuracy of Vendor Information
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 the Website is accurate, it makes no representations or warranties as to the accuracy or reliability of any information provided on the 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.
Botnets
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.
COPYRIGHTS AND TRADEMARKS
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PKWARE or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of PKWARE, with copyright authorship for this collection by PKWARE, and protected by international copyright laws.
PKSFX, PKUNZIP, PKWARE, the PKWARE logo, PKWARE Data Compression Library, PKWARE SDK, PKZIP, SecureZIP, and PK Protect are all registered trademarks of PKWARE, Inc. in the United States and other countries. Deflate64, PKZIP Command Line, SecureZIP Partnerlink, are trademarks of PKWARE, Inc. PKWARE’s trademarks and trade dress may not be used in connection with any product or service that is not PKWARE’s, 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 the 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 https://legal.pkware.com/ or https://subscriptions.pkware.com.
Governing Law, Jurisdiction, and Compliance
The 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 the 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. The Website may be accessed from anywhere in the world, and the laws of the jurisdictions in which some users are located may differ substantially from those of the United States and the State of Wisconsin. Users should be aware that data related to the Website is hosted in the United States. Because we cannot practicably prevent users in different jurisdictions from accessing the Website, you are responsible for knowing and complying with the laws of your jurisdiction. If such laws conflict with your use of the Website or any of its content, this Website is not intended for you, and we ask you not to use it. You may not use the 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 the 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.
Governing Language
Any translation is for local requirements and in the event of a dispute between the English and any non-English versions, the English version shall govern.
ENTIRE AGREEMENT
These Terms of Use and any policies or operating rules posted on this Website constitute the entire agreement and understanding between PKWARE and you with respect to the subject matter thereof and supersede all prior or contemporaneous oral or written communications or proposals between PKWARE and you with respect to such subject matter; provided that any written contractual agreement with any PKWARE entity in connection with provision of any products or services supersedes any contrary information in this Website. You agree and acknowledge that your use of this Website does not make PKWARE your agent for any purpose, and that no agency, partnership, joint venture, or similar relationship exists, or is intended to exist between you and us by virtue of your use of this Website or the content thereof. You agree that, except as expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use. A printed version of these Terms of Use shall be admissible in any judicial or administrative proceeding based on or relating to this Website or its use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
SEVERABILITY
If any provision of these Terms of Use is determined by a competent court with jurisdiction in the matter to be invalid, unenforceable, or void pursuant to applicable law, that determination shall not invalidate or void the remainder of these Terms of Use, and the parties agree and intend that these Terms of Use shall be amended by changing the offending provision only as far as is necessary to make it valid, legal, and enforceable while preserving its intention and that of any Service Agreement or, if such modification is not possible, the parties will substitute another provision that is valid, legal, and enforceable to achieve, as far as possible, the same results between the parties.
TERMINATION OF ACCESS
PKWARE reserves the right to remove or bar any person from this Website and prevent anyone from downloading materials from this Website, without notice and in PKWARE’s sole discretion. PKWARE also reserves all other rights it may have, including without limitation the right to seek any other relief to which PKWARE may be entitled by law or in equity.
WAIVER
You agree that any failure by PKWARE to enforce any provision of these Terms of Use or respond to a breach by you or another party does not in any way waive our right to enforce subsequently any provision of these Terms of Use or any right of PKWARE or to act with respect to similar breaches.
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe in good faith that your copyrighted work has been reproduced on or linked to without authorization in a way that constitutes copyright infringement, please provide notice at the address below, to the attention of the PKWARE Legal Department. Your notice should include the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the allegedly infringing material on the PKWARE website that is requested to be removed; (iii) your name, address, daytime telephone number, and email address so that we may contact you if necessary; (iv) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information in the notice is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; and (vi) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of the copyright and submit the statement.
CONTACTS
If you have any questions or comments about these Terms of Use or this Website, you may contact us using any of the following methods:
Email: legal@pkware.com
Milwaukee USA Headquarters
Attn: Legal Department
201 E. Pittsburgh Ave., Suite 400
Milwaukee, WI 53204 USA
Main: 1.414.289.9788
