PGP International Freeware, Version 5.0 (Source Code Version) Copyright (c) 1990-1997 Pretty Good Privacy, Inc. All Rights Reserved. For Non-Commercial Distribution and Use Only Terms and Conditions This special freeware version of the source code ("Source Code Package") of PGP 5.0 ("Software Product"), including the software, its source code, and its related user and development documentation, is owned by Pretty Good Privacy, Inc. (or "PGP") and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The makers of PGP, however, are committed to making freely available to individuals around the world a trusted means to secure their personal information and communications from unwanted invasions of privacy. In keeping with the traditions of PGP, the source code of PGP 5.0 has been published for the purpose of facilitating peer review. Pretty Good Privacy, Inc. published the source code in a set of printed books; a printed book or other printed material setting forth encryption source code is not itself subject to the U.S. export regulations (see U.S. EAR Sec. 734.3(b)(2)). The scanning in and review of the source code by independent cryptographers, unrelated to PGP, assures that the cryptography employed in the PGP software may be trusted -- i.e., it is truly strong and that the software contains no hidden back doors allowing third party access to encrypted messages. In addition, it is important that the Software Product be available in as many languages, operate on as many operating system and hardware platforms, and be as solid and secure as possible. To facilitate these important goals, the makers of PGP have agreed, subject to all of the terms and conditions which follow, that it will not assert any copyright claims against certain uses of the Source Code Package by users who wish to freely contribute to the efforts of PGP, as specifically described below. The rights granted in this license apply only to source code that was obtained directly from a printed book or other printed materials published by Pretty Good Privacy, Inc. 1. Non-Commercial Licenses a. Non-Commercial Use. You may use this Source Code Package solely for the non-commercial purposes permitted below. The term "non-commercial" means that the package (a) has been distributed or otherwise made available at no charge (direct or indirect) and (b) is not used for any commercial purpose, which includes, but is not limited to, any activity engaged for the purpose of generating revenues (directly or indirectly). For example, a commercial purpose includes the use of the package within a commercial business or facility or the use of the package to provide a service, or in support of service, for which you charge. Commercial purpose also includes use by any government agency or organization. Examples of non-commercial purposes include use at home for personal correspondence, use by students for academic activities, or use by human rights organizations. The software is in "use" when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD ROM, or other storage device) of a computer for the purpose of being accessible in client-mode by an end user. b. Non-Commercial Distribution. You may make exact, unmodified copies of this Source Code Package and distribute such copies solely by electronic means (for example, posting on Internet sites for others to download), subject to the following (a) that such distribution is solely for non- commercial purposes (see above definition), (b) that the Source Code Package is distributed unmodified and in its entirety (with its complete user documentation, its readme files, its copyright, trademark, other intellectual property notices, including these terms and conditions, and all of its other components), and (c) that such distribution may occur anywhere in the world, except that Pretty Good Privacy, Inc. expressly forbids the export of this Source Code Package to any countries embargoed by the U.S. government (currently including, Cuba, Iran, Iraq, Libya, North Korea, Syria and Sudan) or to the United States to the extent the practice in the U.S. of any of the inventions covered by U.S. patent no. 4,405,829 (the "RSA" patent) would require payment to the patent rights holder. c. User Involvement. Subject to all of the conditions set forth in this section, you may use this Source Code Package solely for the following non- commercial purposes: (a) to review and compile the source code contained in the Source Code Package for the purpose of determining the strength and trustworthiness of the Software Product, reporting any problems you discover to PGP (or its designee) (b) to write bug fixes ("Corrections"), (c) to otherwise modify or enhance the source code ("Enhancements"), (d) to port the Software Product or its source code to operate on other operating system or hardware platforms ("Port"), (e) to write translations or localizations of the Software Product or its source code ("Translations"), and (f) to use internally and solely for non-commercial purposes (as defined above) a compiled version of the source code, including any Corrections, Enhancements, Ports, or Translations (collectively, "Derivative Works") you create, provided that you do NOT reproduce, electronically post, transmit, or otherwise distribute to anyone else any such Derivative Works (see reasons at the end of this paragraph). However, you may submit to PGP (or its designee) any Derivative Works that you create, but in doing so (a) you represent that, if you are not a citizen or permanent resident of the United States or Canada or if you are not located in the United States or Canada, you did not receive any technical assistance from any employee or representative of PGP in connection with the creation of the Derivative Works, (b) you agree that any such submission of Derivative Works is a free contribution to PGP and that PGP is free to use, reproduce, modify, distribute, transmit, display, perform, prepare derivative works thereof, or otherwise make use of or exploit such Derivative Works, in any way and by any means now known or hereafter devised for as long as PGP wishes, (c) you agree not to assert any droit morale you may have with respect to such Derivative Works, and (d) you agree that you will remain solely responsible for complying with any local laws regarding your use of PGP and the creation of such Derivative Works. Because such Derivative Works could have an impact upon the cryptographic integrity and strict quality control of PGP, affect compliance with PGP's cryptographic algorithms and protocols, or could create interoperability issues, compatibility problems and user confusion, PGP will be under no obligation to use, distribute or otherwise exploit any such Derivative Works. For these same reasons, permission to allow you or others to reproduce and distribute any such Derivative Works or any compiled version of the source code of this Source Code Package (i.e., anything except the unmodified version of the Source Code Package), will generally NOT be given. Most important, PGP expressly forbids the creation of any Derivative Works that may compromise the privacy or security of the users of the Software Product or the Source Code Package. 2. Other Uses. All right, title and interest in this Source Code Package and the Software Product, including its accompanying documentation, and all copyrights therein and related trademarks, trade names and other intellectual property rights, are owned by Pretty Good Privacy, Inc. or its suppliers. All license rights not granted herein are reserved by PGP. Should you wish to use or distribute the Source Code Package or Software Product for commercial purposes or any other purpose not permitted under these terms and conditions, please refer to the International pages of the PGP web site located at http://www.pgp.com for further information. 3. Technical Support. This Source Code Package is user-supported, meaning that assistance in its installation and use may be limited to help available from friends, family, and other users on the Internet. Though PGP does not offer technical support for this Source Code Package, we welcome your feedback. Technical support is available from PGP or its resellers for those who have purchased copies of the commercial version of the Software Product. For further information, please refer to http://www.pgp.com. 4. No Warranty. THIS SOURCE CODE PACKAGE IS PROVIDED FOR NON-COMMERCIAL USE AND DISTRIBUTION ONLY, COMES WITH NO WARRANTY, AND IS PROVIDED ON AN "AS IS" BASIS. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR PRODUCED BY THIS SOURCE CODE PACKAGE. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THIS SOURCE CODE PACKAGE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM IT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PGP, ITS SUPPLIERS AND OTHERS WHO MAY DISTRIBUTE THIS SOURCE CODE PACKAGE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMANCE WITH DESCRIPTION, AND NON-INFRINGEMENT, WITH RESPECT TO THIS SOURCE CODE PACKAGE. 5. Limitation of Liability. THE CUMULATIVE LIABILITY OF PGP, ITS SUPPLIERS OR OTHERS WHO MAY DISTRIBUTE THIS SOURCE CODE PACKAGE, TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS SHALL NOT EXCEED ONE U.S. DOLLAR. IN NO EVENT SHALL PGP, ITS SUPPLIERS OR OTHERS WHO MAY DISTRIBUTE THIS SOURCE CODE PACKAGE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SOURCE CODE PACKAGE, EVEN IF PGP, ITS SUPPLIERS OR OTHERS WHO MAY DISTRIBUTE THIS SOURCE CODE PACKAGE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 6. General. These terms and conditions may not be modified, amended, canceled or in any way altered, nor may they be modified by custom and usage of trade or course of dealing, except by an instrument in writing and signed by a duly authorized officer of PGP. These terms and conditions shall be construed and enforced in accordance with the laws of the State of California, United States of America. Any action or proceeding brought by anyone arising out of or related to these terms and conditions shall be brought only in a state or federal court of competent jurisdiction located in the county of San Francisco, California, and the parties hereby consent to the jurisdiction and venue of said courts. Should any term of these terms and conditions be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. These terms and conditions are in the English language, and only the English language version hereof, regardless of the existence of other language translations of these terms and conditions, shall be controlling in all respects. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. PGP reserves the right at any time without liability or prior notice to change the features or characteristics of this Software Product, or its documentation and related materials, or future versions thereof. These terms and conditions constitute the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communication between us relating to the subject matter of these terms and conditions. Should you have any questions concerning these terms and conditions, or if you desire to contact Pretty Good Privacy, Inc. for any reason, please write: Pretty Good Privacy, Inc. Customer Service, 2121 S. El Camino Real, Suite 902, San Mateo, CA 94403. http://www.pgp.com. Telephone +1 (415) 572-0430. Copyright © 1990-1997 Pretty Good Privacy, Inc. All rights reserved. Pretty Good Privacy, Pretty Good, and PGP are registered trademarks of Pretty Good Privacy, Inc. Note: Some countries have laws and regulations regarding the use and export of cryptography products; please consult your local government authority for details.