ZfoneTM

Source Code For Internal Review License Agreement

 

ATTENTION: The files you are about to download contain the source code for certain Zfone software products owned by Phil Zimmermann & Associates LLC ("Zimmermann) at http://philzimmermann.com (spelled with 2 Ns!). Zimmermann 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, Zimmermann is not willing to provide the 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 Source Code (including its structure, organization, and other non-literal elements) is protected by copyright laws in the United States and other countries. Zimmermann owns and retains all right, title, and interest in and to 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:

 

"Source Code" means the source code for the Zfone software provided pursuant to this Agreement.

 

"You/you" means the individual person installing or using the Source Code on his or her own behalf; or, if the Source Code is being downloaded or installed on behalf of an organization, such as an employer, "you" means the organization for which the Source Code is downloaded or installed, and the person installing or using the 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 Source Code files and make a reasonable number of copies as necessary to exercise the rights granted below;

 

(b)       review the Source Code in these 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 the Zfone software;

 

(c)        compile the Source Code for the Zfone software program into an executable code version of the program;

 

(d)       run the executable code version solely in order to assist in your testing and cryptographic analysis of the security features of the Zfone software; and

 

(e)        modify the 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 Source Code beyond what is allowed above;

 

(b)       make copies of the Source Code files beyond what is allowed above;

 

(c)        remove or alter any notices in the Source Code files relating to patents, copyrights, trademarks, or other proprietary rights;

 

(d)       give (meaning sell, loan, distribute, or transfer) the Source Code files, as originally provided by Zimmermann or as modified by you or anyone else, to anyone else (unless you are downloading the Source Code files in the course of performing duties for your employer, in which case you can share the 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 the Zfone software program created by compiling these 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 Source Code and the security features of the Zfone software; or

 

(f)        give (meaning sell, loan, distribute, or otherwise transfer) any executable code version of the Zfone software program 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 Source Code in ways that are not allowed under these license terms, you should contact Zimmermann at prz@mit.edu .

 

3. Reporting Bugs. If you discover any "bug or problem in the Source Code in these files, or anything you think is a "bug or problem in the Source Code or a deficiency or weakness in the security features of the Zfone 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 Zimmermann reproduce, verify, and correct it) to zfone-bugs@philzimmermann.com (spelled with 2 Ns!).

 

Zimmermann will endeavor to send an email acknowledgement (signed by Zimmermann) within five business days for those reports that describe a serious security bug, problem, deficiency, or weakness in the Zfone software, provided that the problem affects the security of the product. Non-security related bug reports are certainly welcome, but might not be answered. If you do not receive such an email acknowledgement to a report you submitted (and you think you should have, because it was security related), please re-submit the report to Zimmermann at zfone-bugs@philzimmermann.com (spelled with 2 Ns!) as soon as possible.

 

You agree that you will not post any information about any security-related bug, problem, deficiency, or weakness in the Zfone software on any web site or other public forum, or otherwise disclose or provide any such information to anyone else, unless you have first reported it to Zimmermann and until at least 30 days after Zimmermann sends its email acknowledgement to you. The reason for this delay is to protect other Zfone users from harm by people who might exploit any security weaknesses before such weaknesses can be corrected by Zimmermann. This is regarded by the security industry as the socially responsible approach to reporting security weaknesses.

 

Zimmermann 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, Zimmermann cannot promise that it will respond to, analyze, attempt to correct, or correct each and every bug or security weakness that is reported to Zimmermann, and hence Zimmermann 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 Zimmermann.

 

4. Ownership of Zfone Software and Source Code. All rights not expressly granted to you in these license terms are reserved by Zimmermann. Zimmermann retains ownership of all copyrights, patent rights, and other intellectual property rights throughout the world in the Source Code and software. You agree that Zimmermann will own, and you hereby assign, all intellectual property rights in any modifications you make to the Source Code and in any bug reports you submit to Zimmermann.

 

5. No Warranties; Limitation of Liabilities. Zimmermann is willing to provide these Source Code files to you for free or for a nominal charge as long as you understand and agree that, to the maximum extent allowed under applicable law:

 

(a)        These Source Code files are provided to you "AS IS and Zimmermann makes no representations, warranties, guarantees, or conditions of any kind regarding these Source Code files or the Source Code contained in these files. Without limiting the previous sentence, Zimmermann 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 Zfone software or Source Code being free of bugs or errors, or (iii) use of the Zfone Software in nuclear power plants, aircraft navigation or communications, air traffic control, weapons systems, or other high-risk activities.

 

(b)       Zimmermann's total, cumulative liability arising from or relating to these Source Code files and the 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 Zimmermann for use of the Source Code pursuant to this agreement. Without limiting the previous sentence, in no event will Zimmermann 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 Source Code files and the 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. Zimmermann 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 all copies of the Source Code files, and all copies of executable code versions of the Zfone software created by compiling these Source Code files, in your possession or control and certify such destruction to Zimmermann 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 Zimmermann 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 Zimmermann that expressly states Zimmermann'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 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 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 Source Code, Zfone 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 Source Code, Zfone 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, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods. You acknowledge it is your responsibility to comply with any and all export and import laws and that Zimmermann has no further responsibility after the initial distribution to you within the original country of distribution.