Anonymizer Universal™

End-User License Agreement

THIS END-USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND ANONYMIZER‚ INC. (“ANONYMIZER”) FOR PERSONAL NON–COMMERCIAL USE OF THE ANONYMIZER SOFTWARE THAT ACCOMPANIES THIS EULA (THE “SOFTWARE”) AND THE ANONYMIZER INTERNET–BASED NON–ATTRIBUTION SERVICES (THE “SERVICES”). PLEASE READ THIS EULA CAREFULLY BEFORE PURCHASING, DOWNLOADING OR USING THE ANONYMIZER SOFTWARE OR SERVICES. BY CLICKING THE “I AGREE” OR “YES” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY‚ DOWNLOADING OR INSTALLING THE SOFTWARE‚ OR BY USING THE ANONYMIZER SOFTWARE OR SERVICES‚ YOU ARE INDICATING THAT YOU HAVE READ THIS EULA‚ THAT YOU UNDERSTAND IT‚ AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS‚ INCLUDING BUT NOT LIMITED TO THE WARRANTY DISCLAIMERS‚ THE LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THIS EULA‚ DO NOT CLICK ON THE “I AGREE” OR “YES” BUTTON OR OTHERWISE INDICATE YOUR ASSENT ELECTRONICALLY‚ AND DO NOT DOWNLOAD OR INSTALL THE SOFTWARE OR USE THE SOFTWARE OR THE SERVICES. IF YOU PURCHASED AN ANNUAL SUBSCRIPTION DIRECTLY FROM ANONYMIZER AND YOU DESIRE A REFUND‚ CONTACT ANONYMIZER CUSTOMER SERVICE USING THE CONTACT DETAILS IN SECTION 19 OF THIS EULA. IF YOU ACQUIRED YOUR ANNUAL SUBSCRIPTION FROM A RESELLER OR DISTRIBUTOR, CONTACT THAT RESELLER OR DISTRIBUTOR FOR INFORMATION ON HOW TO OBTAIN A REFUND. REFUNDS ARE NOT AVAILABLE FOR MONTHLY SUBSCRIPTIONS. REFUNDS ARE LESS ANY APPLICABLE TAXES EXCEPT IN CERTAIN STATES AND COUNTRIES WHERE TAXES ARE REFUNDABLE. ANY REQUEST FOR A REFUND FOR A PURCHASE MADE DIRECTLY FROM ANONYMIZER MUST BE MADE WITHIN THIRTY (30) DAYS FOLLOWING THE DATE OF PURCHASE. ANY REQUEST FOR A REFUND FOR A PURCHASE MADE FROM A RESELLER OR DISTRIBUTOR SHALL BE SUBJECT TO THE REFUND POLICIES (INCLUDING BUT NOT LIMITED TO TIME DEADLINES) OF THE RESELLER OR DISTRIBUTOR.

1. GRANT OF LICENSE. The Software and Services and related documentation are the property of Anonymizer or its licensors‚ and are protected by copyright law. You are receiving a limited non–exclusive license to use the Software and Services during the Service Period as defined herein. Subject to your compliance with all terms and conditions of this EULA‚ Anonymizer grants you the right to install and use a copy of the Software‚ and to access and use the Services on one computer and one mobile device for personal‚ non–commercial use only‚ during the Service Period. Any commercial‚ non–personal usage is strictly forbidden under this EULA. Upon termination of the Service Period (or sooner termination of the license in accordance with the terms of this EULA or the Documentation) your right and ability to use and access the Software and Services will terminate‚ unless your subscription is renewed. IF YOU PURCHASED A LICENSE THROUGH THE ANONYMIZER WEBSITE‚ WWW.ANONYMIZER.COM‚ YOUR CREDIT CARD INFORMATION IS STORED AND YOUR SUBSCRIPTION IS SET TO RENEW AUTOMATICALLY BY CHARGING YOUR CREDIT CARD FOR THE THEN CURRENT SUBSCRIPTION RENEWAL FEE. ANONYMIZER RESERVES THE RIGHT TO DECLINE TO RENEW ANY SUBSCRIPTION. IN RENEWING (AUTOMATICALLY OR OTHERWISE) YOUR SUBSCRIPTION YOU AGREE TO ACCEPT ALL UPDATES TO THE EULA‚ TERMS OF USE AND DOCUMENTATION THAT MAY HAVE OCCURRED DURING THE SERVICE PERIOD. YOU MAY OPT OUT OF THE AUTOMATIC RENEWAL FEATURE‚ IN WHICH CASE YOUR SUBSCRIPTION WILL TERMINATE AT THE END OF THE SERVICE PERIOD (UNLESS SOONER TERMINATED IN ACCORDANCE WITH THE TERMS OF THIS EULA OR THE DOCUMENTATION.) TO OPT OUT OF THE AUTOMATIC RENEWAL FEATURE ‚ LOG IN TO THE ANONYMIZER WEBSITE‚ WWW.ANONYMIZER.COM‚ AND SELECT “CANCEL” OR SELECT “OFF” NEXT TO AUTOBILL IN MY SUBSCRIPTIONS. THIS WILL CANCEL YOUR SUBSCRIPTION AT THE END OF THE SERVICE PERIOD. YOU MAY ALSO OPT OUT OF THE AUTOMATIC RENEWAL FEATURE BY CALLING THE ANONYMIZER SUPPORT STAFF AT 888–270–0141.

2. PAID SUBSCRIPTIONS. If you have purchased a subscription to use the Software and Service, “Service Period” means the period commencing on the date you initially download the Software or access the Services‚ whichever first occurs‚ and lasting for the period of time set forth in the service plan offer and other transactional documentation in printed‚ electronic‚ or online form (the “Documentation”) pursuant to which you acquired your license from Anonymizer or from a reseller or distributor‚ subject to earlier termination as herein provided. Upon expiration of the Service Period (or earlier termination of the license in accordance with the terms of this EULA or the Documentation) your right and ability to use and access the Software and Services will terminate‚ unless your paid subscription is renewed. IF YOU PURCHASED A LICENSE THROUGH THE ANONYMIZER WEBSITE‚ WWW.ANONYMIZER.COM‚ YOUR CREDIT CARD INFORMATION IS STORED AND YOUR SUBSCRIPTION IS SET TO RENEW AUTOMATICALLY BY CHARGING YOUR CREDIT CARD FOR THE THEN CURRENT SUBSCRIPTION RENEWAL FEE. ANONYMIZER RESERVES THE RIGHT TO DECLINE TO RENEW ANY SUBSCRIPTION. IN RENEWING (AUTOMATICALLY OR OTHERWISE) YOUR SUBSCRIPTION YOU AGREE TO ACCEPT ALL UPDATES TO THE EULA‚ TERMS OF USE AND DOCUMENTATION THAT MAY HAVE OCCURRED DURING THE SERVICE PERIOD. YOU MAY OPT OUT OF THE AUTOMATIC RENEWAL FEATURE‚ IN WHICH CASE YOUR SUBSCRIPTION WILL TERMINATE AT THE END OF THE SERVICE PERIOD (UNLESS SOONER TERMINATED IN ACCORDANCE WITH THE TERMS OF THIS EULA OR THE DOCUMENTATION.) TO OPT OUT OF THE AUTOMATIC RENEWAL FEATURE ‚ LOG IN TO THE ANONYMIZER WEBSITE‚ WWW.ANONYMIZER.COM‚ AND SELECT “CANCEL” OR SELECT “OFF” NEXT TO AUTOBILL IN MY SUBSCRIPTIONS. THIS WILL CANCEL YOUR SUBSCRIPTION AT THE END OF THE SERVICE PERIOD. YOU MAY ALSO OPT OUT OF THE AUTOMATIC RENEWAL FEATURE BY CALLING THE ANONYMIZER SUPPORT STAFF AT 888–270–0141.

3. FREE SUBSCRIPTIONS. If you have accepted an offer for a free subscription to use the Software and Service, “Service Period” means the period commencing on the date you initially download the Software or access the Services‚ whichever first occurs‚ and lasting for the period of time set forth in the free offer you accepted; provided that ANONYMIZER RESERVES THE RIGHT TO TERMINATE YOUR FREE SUBSCRIPTION AT ANY TIME WITH OR WITHOUT PRIOR NOTICE. Upon expiration of the Service Period (or earlier termination by Anonymizer) your right and ability to use and access the Software and Services will terminate‚ unless you purchase a subscription to use the Software and Service. Your free subscription entitles you to use a limited amount of the Services up to the stated monthly bandwidth usage limit (the “Bandwidth Limit”) indicated in the free offer you accepted. Anonymizer reserves the right to change the Bandwidth Limit applicable to your free subscription at any time. If you exceed the Bandwidth Limit in any monthly period, Anonymizer in its sole discretion may, but is not obligated to, suspend your Services without further notice for the remainder of that monthly period.

4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. You may not use the Software or Services in any manner that could damage‚ disable‚ overburden‚ or impair such services or interfere with any other party’s use and enjoyment of them. You may not attempt to gain unauthorized access to any service‚ account‚ computer systems or networks associated with the Services. You may only use the Software and Services for personal‚ non–commercial purposes‚ and not in any way to provide‚ or as part of‚ any commercial service or application. You may not use the Software or Services: for the purpose of violating‚ or in a manner that violates‚ any foreign‚ federal‚ state or local law or regulation, including but not limited to copyright infringement laws; in a manner that infringes or violates any privacy‚ confidentiality‚ contractual or other rights of another; to transmit information that is defamatory‚ offensive‚ misleading‚ false‚ harmful to minors‚ or obscene; to gain unauthorized access to any service‚ account‚ computer system or network; or to transmit any viruses or programming routines intended to damage‚ surreptitiously intercept‚ or expropriate any system‚ data or personal information. In addition to the terms and conditions of this EULA and the Documentation you shall comply with the Terms of Use‚ http://www.anonymizer.com/legal/‚ applicable to use of Anonymizer's websites if you use the Software or Services in conjunction with use of any Anonymizer website. Any failure to comply with said Terms of Use or Documentation shall constitute a breach of this EULA. Anonymizer reserves the right‚ in its sole discretion‚ to limit or deny access to specific Internet Ports or addresses if Anonymizer in its reasonable judgment believes such ports or addresses are being accessed in violation of this EULA or the Terms of Use.

5. Events Beyond Anonymizer’s Control. Notwithstanding anything to the contrary contained in this EULA or elsewhere in the Documentation or any other document relating to the Software or Services‚ Anonymizer shall not be liable for any disruption in the Services caused by factors outside of Anonymizer’s control‚ including but not limited to‚ any problems with your computing or network infrastructure‚ hardware or software‚ problems with your Internet service provider (ISP)‚ or electrical outage. Without limiting the generality of the foregoing‚ Anonymizer shall not be held responsible for any Internet accessibility issues beyond the control of Anonymizer including but not limited to service outages by utility providers or other third party service providers‚ service outages affecting you or any Internet query target destination and any blocking or accessibility problems arising at any Internet query target destination.

6. SYSTEM CAPACITY; EXCESSIVE QUERIES TO A SINGLE URL. Anonymizer’s Services have sufficient capacity to accommodate average non–commercial use by its customers‚ but from time to time you may temporarily experience slower service‚ or service unavailability‚ during periods of extraordinarily heavy usage of the Anonymizer Services. No such temporary slowdown or unavailability shall constitute a breach or default by Anonymizer of its obligations hereunder. In addition‚ Anonymizer reserves the right to suspend or limit your use of the Services in the event you make use of the Services beyond normal non–commercial usage or any agreed bandwidth limitation set forth in the Documentation‚ or if you excessively access a particular URL target. You acknowledge that such suspension or limitation may be necessary to avoid having your use result in restricting‚ disrupting‚ degrading or impeding Anonymizer’s ability to deliver the Services to its other customers‚ or to avoid the blocking by a particular URL target of Internet Protocol addresses utilized by Anonymizer in providing Services to you and Anonymizer’s other customers. No such suspension or limitation of the Services by Anonymizer shall constitute a breach or default by Anonymizer of its obligations hereunder. Anonymizer reserves the right to establish specific bandwidth usage limitations determined in Anonymizer’s reasonable discretion as may be necessary in Anonymizer’s judgment to reduce or avoid degradation of the Services. You may view your current usage at any time clicking on “My Account” within the Anonymizer Universal client. Anonymizer in its sole discretion may, but is not obligated to, notify you regarding your bandwidth usage via email, in-product messaging, or other means.

7. RESERVATION OF RIGHTS AND OWNERSHIP. Anonymizer reserves all rights not expressly granted to you in this EULA. The Software and Services are protected by copyright and other intellectual property laws and treaties. You agree that Anonymizer or its licensors own the title‚ copyright‚ and other intellectual property rights in the Software and Services. The Software and access to the Services are licensed‚ not sold‚ to you and are subject to the provisions of this EULA. This EULA does not grant you any rights to trademarks or service marks of Anonymizer.

8. LIMITATIONS ON REVERSE ENGINEERING‚ AND OTHER LICENSE RESTRICTIONS. You may not reverse engineer‚ decompile‚ or disassemble the Software or Services‚ except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Except as otherwise specifically permitted in this EULA‚ you may not: modify or create any derivative works of the Software or Services; copy the Software; sublicense or permit simultaneous use of the Software or Services by more than one user or on more than one mobile device and computer; transfer the Software under any circumstances; or remove or alter any Anonymizer trademark‚ logo‚ copyright or other proprietary notices‚ legends‚ or symbols. The Software and the Services provided to you by Anonymizer constitute confidential proprietary information of Anonymizer. You agree not to transfer‚ copy‚ disclose‚ provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Anonymizer. You agree to implement reasonable security measures to protect such confidential information. You will use your best efforts to cooperate with and assist Anonymizer in identifying and preventing any unauthorized use‚ copying‚ or disclosure of any Anonymizer confidential information.

9. NO RENTAL/COMMERCIAL HOSTING. You may not rent‚ lease‚ lend or provide commercial hosting services with the Software or Services.

10. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates‚ supplements‚ add–on components‚ or Internet–based service components‚ of the Software and Services that Anonymizer may provide to you or make available to you after the date you obtain your initial copy of the Software‚ unless they are accompanied by separate terms. Anonymizer reserves the right to discontinue Services provided to you or made available to you through the use of the Software at the end of your subscription period.

11.   PRIVACY; DATA PROTECTION. From time to time Anonymizer may collect and use personal information about you as detailed below in this Section.

                When you navigate our website‚ Anonymizer will gather certain information such as your Internet Protocol address‚ browser type‚ browser language‚ and the date and time of your visit. We may place a cookie on your computer‚ and use this information for our internal marketing purposes‚ to improve our website or our products and services‚ or to track abuse and spamming. Please note that your use of the Anonymizer websites is governed by the Anonymizer Terms of Use‚ which may be viewed at http://www.anonymizer.com/legal/. When you place an order‚ download software‚ respond to our promotional campaigns‚ request email technical support or otherwise communicate with us about our goods or services‚ we will gather‚ retain and use certain personal information you provide to us. For example‚ we may collect information such as your name‚ contact information including address and email address‚ credit card number‚ your billing and shipping address‚ and records of the kinds of products and services you have purchased from us or have started trial usage of. We will use this information to complete your order or validate your trial‚ respond to your request or communication‚ to assist us in providing our products and services to you‚ and to manage our relationship with you. By furnishing any such information to us‚ you expressly consent to the use of your information in accordance with the terms of this EULA privacy policy. For your protection‚ all information with respect to an order‚ including the credit card holder's name‚ credit card number‚ expiration date‚ security code and billing address‚ is subject to verification prior to processing any order. This is to assist us in preventing fraud and the unauthorized use of credit cards‚ and to validate trial users. Records of your billing information are kept separately from records of your use of the Services because our billing system and Anonymizer privacy and security services operate independently‚ except to the extent your bandwidth usage is recorded for bandwidth-limited accounts.

                When you use the Software and Services‚ due to the configuration of Anonymizer’s systems‚ except as hereinafter provided‚ Anonymizer cannot correlate other than in real time any individual user with a visit of any individual website. Anonymizer may from time to time‚ in real time‚ observe and monitor usage of its Services such as traffic flow and pattern‚ in order to monitor the proper functioning of its systems‚ and to enforce Anonymizer’s Terms of Use. Anonymizer keeps no record of Internet Protocol addresses visited attributable to your account‚ except as provided in the following sentence. For troubleshooting purposes from time to time it may become necessary for Anonymizer‚ during limited and usually brief periods of time‚ to maintain usage data to assist Anonymizer in debugging its system‚ investigating fraud‚ illegal use‚ abuse or other violations of the license terms‚ or addressing other problems in its products or services. This usage data may include such information as the Web request‚ and the date and time of your login. This information is not retained once the troubleshooting is resolved.

                Anonymizer will not sell‚ rent‚ trade‚ or lease your personal information for marketing purposes. We may share information with third parties who furnish services necessary to provide you with the products and services offered by Anonymizer‚ including resellers and distributors‚ but only if these third parties agree to comply with our privacy policies and not use your personal data for any other purpose. Apart from this‚ we disclose personal information only when we have a good faith belief that access‚ use‚ preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law‚ regulation‚ legal process or enforceable governmental request‚ (b) enforce applicable terms of use or other contract rights‚ including investigation of potential violations thereof‚ (c) detect‚ prevent‚ or otherwise address fraud‚ security or technical issues (including abuse of our products or services by spamming or other abuses of netiquette‚ and use of our products or services to attack other systems or to gain unauthorized access to any other system) or (d) protect against imminent harm to the rights‚ property or safety of Anonymizer‚ our customers or the public. Please note that if Anonymizer sells all or a portion of its business or assets‚ Anonymizer reserves the right to transfer customer information to the acquirer as part of that acquisition.

                Note Regarding Data Transfer: The information you provide us may be transferred outside your country and across international borders for the purpose of processing and/or storage by Anonymizer‚ Inc.‚ its affiliates and agents. By submitting your information‚ you agree to that international transfer.

12. EXPORT RESTRICTIONS. You agree to comply with all applicable U.S. and foreign laws that apply to the Software and Services‚ including the U.S. Export Administration Regulations (“EAR”)‚ as well as end–user‚ end–use‚ and destination restrictions issued by U.S. and other governments. You acknowledge that the Software‚ Services‚ documentation and related technical data and services (collectively “Controlled Technology”) may be subject to the import and export laws of the United States‚ specifically the EAR‚ and the laws of any country where Controlled Technology is imported or re–exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country‚ entity‚ or person for which an export license or other governmental approval is required.

13. SEPARATION OF COMPONENTS. The Software and Services are licensed as a single product. Their component parts may not be used separately.

14. TERM AND TERMINATION. The Software and Services are licensed to you hereunder on a subscription basis. Your license to use the Software and Services will terminate at the end of the Service Period‚ subject to earlier termination as provided by this EULA or the Documentation. Without prejudice to its other rights and remedies‚ Anonymizer may terminate the license rights granted to you without further obligation to you if you fail to comply with the terms of this EULA, the Documentation, or the Terms of Use relating to use of Anonymizer's websites.

15.   LIMITED WARRANTY; LIMITATION OF LIABILITY. ANONYMIZER WARRANTS THAT THE SOFTWARE AND SERVICES WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THEIR DESCRIPTION AND ACCOMPANYING MATERIALS FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF PURCHASE, PROVIDED ANONYMIZER IS NOTIFIED IN WRITING OF THE DEFECT PRIOR TO EXPIRATION OF THE THIRTY (30) DAY PERIOD. SUPPLEMENTS‚ UPDATES‚ SERVICE PACKS OR FIXES (IF ANY) PROVIDED TO YOU AFTER THE EXPIRATION OF THE THIRTY DAY LIMITED WARRANTY PERIOD ARE NOT COVERED BY ANY WARRANTY OR CONDITION‚ EXPRESS‚ IMPLIED OR STATUTORY.

                IF AN IMPLIED WARRANTY OR CONDITION IS CREATED BY THE LAWS OF YOUR JURISDICTION AND APPLICABLE LAW PROHIBITS DISCLAIMER OF IT‚ YOU ALSO HAVE AN IMPLIED WARRANTY OR CONDITION‚ BUT ONLY AS TO DEFECTS CLAIMED IN WRITING TO ANONYMIZER DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRTY DAYS). AS TO ANY DEFECTS CLAIMED AFTER THE THIRTY DAY PERIOD‚ THERE IS NO WARRANTY OR CONDITION OF ANY KIND. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS‚ SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

                YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS LIMITED WARRANTY IS AS SET FORTH BELOW. EXCEPT FOR ANY MONETARY REFUND ELECTED BY ANONYMIZER‚ YOU ARE NOT ENTITLED TO ANY DAMAGES‚ INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES‚ IF THE SOFTWARE OR SERVICES DO NOT MEET ANONYMIZER'S LIMITED WARRANTY‚ AND‚ TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW‚ EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES‚ SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. ANONYMIZER'S AND ITS SUPPLIERS'‚ DISTRIBUTORS’ AND RESELLERS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS LIMITED WARRANTY OR FOR ANY OTHER BREACH OF THIS EULA, THE DOCUMENTATION OR FOR ANY OTHER LIABILITY RELATING TO THE SOFTWARE OR SERVICES SHALL BE‚ AT ANONYMIZER'S OPTION FROM TIME TO TIME EXERCISED SUBJECT TO APPLICABLE LAW‚ (A) RETURN OF THE AMOUNT PAID (IF ANY) FOR THE SOFTWARE AND SERVICES‚ IN WHICH CASE YOUR LICENSE SHALL BE TERMINATED‚ OR (B) REPAIR OR REPLACEMENT OF THE SOFTWARE AND SERVICES. YOU WILL RECEIVE THE REMEDY ELECTED BY ANONYMIZER WITHOUT CHARGE. THIS LIMITED WARRANTY IS VOID IF FAILURE OF THE SOFTWARE OR SERVICES HAS RESULTED FROM ACCIDENT‚ ABUSE‚ MISAPPLICATION‚ ABNORMAL USE‚ A VIRUS‚ OR VIOLATION OF THE TERMS OF THIS EULA OR THE DOCUMENTATION. ANY REPLACEMENT SOFTWARE WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR FIFTEEN (15) DAYS‚ WHICHEVER IS LONGER‚ AND ANONYMIZER WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE YOUR REMEDY WITHIN A COMMERCIALLY REASONABLE TIME OF YOUR COMPLIANCE WITH ANONYMIZER'S WARRANTY REMEDY PROCEDURES.

                NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING‚ WITHOUT LIMITATION‚ ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR OTHERWISE)‚ THE ENTIRE LIABILITY OF ANONYMIZER AND ANY OF ITS SUPPLIERS‚ DISTRIBUTORS OR RESELLERS IN CONNECTION WITH THIS EULA, THE DOCUMENTATION, OR OTHERWISE RELATING TO THE SOFTWARE AND THE SERVICES, AND YOUR EXCLUSIVE REMEDY (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY ANONYMIZER WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF (1) THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE AND SERVICES DURING THE SINGLE SERVICE PERIOD THAT THE DAMAGES WERE FIRST INCURRED, OR (2) U.S. $5.00. THE FOREGOING LIMITATIONS‚ EXCLUSIONS AND DISCLAIMERS AND SECTION 14 BELOW SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW‚ EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

16. DISCLAIMER OF WARRANTIES. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES OR SIMILAR OBLIGATIONS (IF ANY) EXPRESS OR IMPLIED CREATED BY ANY ADVERTISING‚ DOCUMENTATION‚ PACKAGING‚ OR OTHER COMMUNICATIONS. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW‚ ANONYMIZER AND ITS SUPPLIERS‚ DISTRIBUTORS OR RESELLERS PROVIDE THE SOFTWARE AND SERVICES “AS IS” AND WITH ALL FAULTS‚ AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS‚ WHETHER EXPRESS‚ IMPLIED OR STATUTORY‚ INCLUDING‚ BUT NOT LIMITED TO‚ ANY IMPLIED WARRANTIES‚ DUTIES OR CONDITIONS OF MERCHANTABILITY‚ OF FITNESS FOR A PARTICULAR PURPOSE‚ OF RELIABILITY OR AVAILABILITY‚ OF ACCURACY OR COMPLETENESS OF RESPONSES‚ OF RESULTS‚ OF WORKMANLIKE EFFORT‚ OF LACK OF VIRUSES‚ AND OF LACK OF NEGLIGENCE‚ ALL WITH REGARD TO THE SOFTWARE‚ AND THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES OR SUPPORT‚ OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE AND SERVICES. WITHOUT LIMITATION OF THE FOREGOING‚ ANONYMIZER DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS‚ THAT OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE‚ WILL BE VIRUS FREE‚ OR WILL BE ACCURATE‚ COMPLETE OR RELIABLE. ALSO‚ THERE IS NO WARRANTY OR CONDITION OF TITLE‚ QUIET ENJOYMENT‚ QUIET POSSESSION‚ CORRESPONDENCE TO DESCRIPTION OR NON–INFRINGEMENT WITH REGARD TO THE SOFTWARE AND SERVICES.

17. EXCLUSION OF INCIDENTAL‚ CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW‚ IN NO EVENT SHALL ANONYMIZER OR ITS SUPPLIERS‚ DISTRIBUTORS AND RESELLERS BE LIABLE FOR ANY SPECIAL‚ INCIDENTAL‚ PUNITIVE‚ INDIRECT‚ OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING‚ BUT NOT LIMITED TO‚ DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION‚ FOR BUSINESS INTERRUPTION‚ FOR PERSONAL INJURY‚ FOR LOSS OF PRIVACY‚ FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE‚ FOR NEGLIGENCE‚ AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICES‚ THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES‚ INFORMATION‚ SOFTWARE‚ AND RELATED CONTENT THROUGH THE SOFTWARE OR SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE OR SERVICES‚ OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA‚ EVEN IN THE EVENT OF THE FAULT‚ TORT (INCLUDING NEGLIGENCE)‚ MISREPRESENTATION‚ STRICT LIABILITY‚ BREACH OF CONTRACT OR BREACH OF WARRANTY OF ANONYMIZER OR ANY SUPPLIER‚ AND EVEN IF ANONYMIZER OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18. APPLICABLE LAW. If you acquired this Software in the United States or Canada‚ this EULA is governed by the laws of the State of California. If you acquired this Software in the United States‚ you consent to the jurisdiction of the federal and state courts sitting in California in respect of any dispute which may arise hereunder. If you acquired this Software in Canada‚ unless expressly prohibited by local law‚ in respect of any dispute which may arise hereunder you consent to the jurisdiction of the federal and state courts sitting in California. If you acquired this Software in the European Union‚ Iceland‚ Norway‚ or Switzerland‚ then local law applies. If you acquired this Software in any other country‚ then the laws of the State of California apply‚ unless the laws of that country require that local law applies.

19. ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire agreement between you and Anonymizer relating to the Software and the Services and supersedes all prior or contemporaneous oral or written communications‚ proposals and representations with respect to the subject matter covered by this EULA. To the extent the terms of any Anonymizer policies or programs for support services conflict with the terms of this EULA‚ the terms of this EULA shall control. If any provision of this EULA is held to be void‚ invalid‚ unenforceable or illegal‚ the other provisions shall continue in full force and effect.

20. TECHNICAL SUPPORT; CONTACT INFORMATION. In connection with your use of the Software and Services you may choose to access certain technical support (“Technical Support”) that may be offered by Anonymizer. Any such Technical Support shall be provided in Anonymizer’s sole discretion without any guarantee or warranty of any kind. It is solely your responsibility to complete a backup of all your existing data‚ software and programs. In the course of providing any Technical Support‚ Anonymizer may determine that the technical issue is beyond the scope of its technical support capabilities. Anonymizer reserves the right to refuse‚ suspend or terminate any of the Technical Support in its sole discretion. To contact Anonymizer regarding this EULA or the Software or Services‚ or to renew your license subscription‚ send an email to Anonymizer at cs@anonymizerinc.com‚ or telephone Anonymizer at 1–888–270–0141.

21. OPENVPN LICENSE. The Software is bundled with OpenVPN. OpenVPN is licensed under, and the use of OpenVPN is governed by, the OpenVPN GNU General Public License, which may be found as part of the software installation on your computer, and is reproduced below. To the extent the OpenVPN License requires that source code be made available, Anonymizer, Inc. agrees to provide a copy of the source code and modifications (if any) via electronic download. To request source code under the OpenVPN License, please email opensourcelicensing@anonymizerinc.com. The OpenVPN License terms and conditions follow.
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This distribution contains components from the open source OpenVPN project. By accepting this EULA‚ you also agree to the terms of the OpenVPN license‚ as follows:

OpenVPN™ — An Open Source VPN daemon

This distribution contains multiple components, some of which fall under different licenses. By using OpenVPN or any of the bundled components enumerated below, you agree to be bound by the conditions of the license for each respective component.

OpenVPN trademark

"OpenVPN" is a trademark of OpenVPN Technologies, Inc.

OpenVPN license

OpenVPN is distributed under the GPL license version 2 (see Below).

Special exception for linking OpenVPN with OpenSSL:

In addition, as a special exception, OpenVPN Technologies, Inc. gives permission to link the code of this program with the OpenSSL library (or with modified versions of OpenSSL that use the same license as OpenSSL), and distribute linked combinations including the two. You must obey the GNU General Public License in all respects for all of the code used other than OpenSSL. If you modify this file, you may extend this exception to your version of the file, but you are not obligated to do so. If you do not wish to do so, delete this exception statement from your version.

LZO license

Special exception for linking OpenVPN with both OpenSSL and LZO:

Hereby I grant a special exception to the OpenVPN project (http://openvpn.net/) to link the LZO library with the OpenSSL library (http://www.openssl.org).

Markus F.X.J. Oberhumer

TAP-Win32/TAP-Win64 Driver license

This device driver was inspired by the CIPE-Win32 driver by Damion K. Wilson.

TUN/TAP Driver for Mac OS X license

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. The name of the author may not be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Windows DDK Samples

The Windows binary distribution includes devcon.exe, a Microsoft DDK sample which is redistributed under the terms of the DDK EULA.

NSIS License

This software is provided ‘as-is’, without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.

Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:

1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.

2. Altered versions must be plainly marked as such, and must not be misrepresented as being the original software.

3. This notice may not be removed or altered from any distribution.

OpenSSL License

The OpenSSL toolkit stays under a dual license, i.e. both the conditions of the OpenSSL License and the original SSLeay license apply to the toolkit. See below for the actual license texts. Actually both licenses are BSD-style Open Source licenses. In case of any license issues related to OpenSSL please contact openssl-core@openssl.org.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

3. All advertising materials mentioning features or use of this software must display the following acknowledgment:

"This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)"

4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org.

5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project.

6. Redistributions of any form whatsoever must retain the following acknowledgment:

"This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"

THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT “AS IS” AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

This product includes cryptographic software written by Eric Young (eay@cryptsoft.com). This product includes software written by Tim Hudson (tjh@cryptsoft.com).

Original SSLeay License

This package is an SSL implementation written by Eric Young (eay@cryptsoft.com).

The implementation was written so as to conform with Netscape’s SSL.

This library is free for commercial and non-commercial use as long as the following conditions are adhered to. The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code. The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson (tjh@cryptsoft.com).

Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be removed. If this package is used in a product, Eric Young should be given attribution as the author of the parts of the library used. This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.

3. All advertising materials mentioning features or use of this software must display the following acknowledgement:
"This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)"
The word 'cryptographic' can be left out if the routines from the library being used are not cryptographic related :-).

4. If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement:
"This product includes software written by Tim Hudson (tjh@cryptsoft.com)"

THIS SOFTWARE IS PROVIDED BY ERIC YOUNG “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

The license and distribution terms for any publically available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution license [including the GNU Public License.]

GNU Public License (GPL)

OpenVPN, LZO, and the TAP-Win32 distributions are licensed under the GPL version 2, which is reproduced below.

GNU GENERAL PUBLIC LICENSE

Version 2, June 1991

59 Temple Place, Suite 330, Boston, MA 02111-1307 USA

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

Preamble

The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software—to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.

To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.

For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.

Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.

Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.

The precise terms and conditions for copying, distribution and modification follow.

GNU GENERAL PUBLIC LICENSE

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".

Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

a. You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

b. You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

c. If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

a. Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

b. Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

c. Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.

If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY

11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

END OF TERMS AND CONDITIONS

How to Apply These Terms to Your New Programs

If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.

To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation.

This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.

You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA

Also add information on how to contact you by electronic and paper mail.

If the program is interactive, make it output a short notice like this when it starts in an interactive mode:

Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type ‘show w’.

This is free software, and you are welcome to redistribute it under certain conditions; type ‘show c’ for details.

The hypothetical commands ‘show w’ and ‘show c’ should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than ‘show w’ and ‘show c’; they could even be mouse-clicks or menu items—whatever suits your program.

You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names:

Yoyodyne, Inc., hereby disclaims all copyright interest in the program

‘Gnomovision’ (which makes passes at compilers) written by James Hacker.

<signature of Ty Coon>, 1 April 1989

Ty Coon, President of Vice

This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Library General Public License instead of this License.

______________________________

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