Legal

This Terms of Use Agreement (the “Agreement”) sets forth the standards of use of for the websites owned or controlled by PKWARE, Inc. (“PKWARE”).

This Agreement applies to the following website(s) owned and controlled by PKWARE, including www.pkware.com, www.viivo.it, www.viivo.com, www.smartcrypt.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 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.

PRIVACY

Use of the Website is subject to our Privacy Policy (see next section). 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 REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. 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

PKWARE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, PKWARE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF PKWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH CASES SOME OF THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.

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.

Any use of materials on the Website, including reproduction for purposes other than those provided above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of PKWARE is strictly prohibited. By accessing the Website, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy any PKWARE-owned web page or the content contained therein without prior written permission of an authorized officer of PKWARE.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PKWARE and our affiliates, vendors, or suppliers without express written consent. You may not use any meta tags or any other "hidden text" utilizing PKWARE’s name or trademarks without the express written consent of PKWARE.

Partnerlink, PKSFX, PKUNZIP, PKWARE , PKWARE Data Compression Library, PKZIP, SecureZIP, and viivo are all registered trademarks of PKWARE, Inc. in the United States and other countries. Deflate64, PKZIP Command Line, PKWARE SDK, SaveSecure, SecureZIP Mail Gateway, SecureZIP Partnerlink, and Smartcrypt 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. You can find Standard agreements for most PKWARE products here .

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. 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 of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.

MISCELLANEOUS

If any provision of this Agreement is proved to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) will not be affected thereby and will remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by PKWARE, in its sole discretion, to a third party in the event of a merger or acquisition involving PKWARE. This Agreement applies in addition to, and shall not be superseded by, any other written agreement between you and PKWARE in relation to your use of any PKWARE-owned website. You agree that by accepting this Agreement, you consent to the use and disclosure of your personally identifiable information and other practices described in the Privacy Policy.

INTRODUCTION

PKWARE, Inc. ("PKWARE") is committed to protecting your privacy. This Website Privacy Policy (the "Privacy Policy") describes what information PKWARE collects from visitors to its websites and how PKWARE uses such information.

WHAT WEBSITE(S) DOES THIS POLICY APPLY TO?

This Privacy Policy applies to the following website(s) owned and controlled by PKWARE: www.pkware.com, www.viivo.it, www.viivo.com, www.smartcrypt.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 Privacy Policy and freely consent to the information collection and use practices described in this Privacy Policy.

This Privacy Policy does not apply to any other website owned or operated by any third party vendor, retailer, supplier, service provider or affiliate, even if such third party websites link to a Website owned by PKWARE, or a Website owned by PKWARE contains links to a third party website. Accordingly, this Privacy Policy does not apply to, and PKWARE is not responsible for, the practices of any third party, affiliate or business partner that PKWARE does not own or control. Additionally, the owners of social media services may have additional online privacy terms and conditions that supersede this Privacy Policy depending on a user's own personal preferences with that social media provider.

This Privacy Policy does not apply to any software applications or products sold, licensed or distributed by PKWARE, even if such software applications may be obtained from a Website. Certain PKWARE software applications may collect and report to PKWAREdata or information such as total activated licenses, anonymized Software usage statistics, email domains, user credentials, and/or public encryption key(s). The terms and conditions regarding any software application shall be set forth in the particular software license agreement for such software application.

COLLECTION AND USE OF NON-PERSONAL DATA

If you browse a Website without creating a user account, purchasing any products or services or sending an e-mail to PKWARE using a form located on a Website, you do so anonymously. PKWARE does not collect your e-mail address or other personal information. PKWARE does log your IP address (the internet address of your computer) to determine which parts of the Websites you visit and how long you spend there. PKWARE does not link your IP address to anything personally identifiable; however, we do track approximate geographic information based on IP address, the date and time you visited and the type of computer, operating system and web browser you are using. Your browser supplies us with this information.

PKWARE uses this information from our server logs to learn more about our visitors as a group, not about you as an individual. The information helps us identify overall usage patterns and trends on the Websites, administer its Websites, improve content and gather broad demographic information for aggregate use. PKWARE uses third party services, such as Google Analytics, to provide PKWARE with Website traffic analysis. Such third party services do not collect personally identifiable information. PKWARE will not sell personally identifiable information to third parties without your permission.

PERSONALLY IDENTIFIABLE INFORMATION

Throughout the Websites there are several forms that request information and/or allow you to purchase products and services or enter giveaways. When you complete these forms, PKWARE will request some personal information such as name, address, e-mail address, telephone number or fax number, account number and other relevant information. If you are purchasing a service, PKWARE or its agent will request financial information. Any financial information collected is used only to bill you for the products you are purchasing. If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of forms, PKWARE will ask for relevant information. You may also be asked to disclose personal information to allow for PKWARE to provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting. PKWARE reserves the right to use the e-mail address provided by you to inform you of other available products or services, or to contact you about your opinion of current products and services or potential new products and services that may be offered. You may opt-out of receiving future mailings from PKWARE by following the procedures detailed in the Choice/Opt-out section located below or in any of the e-mail message(s) you may receive from PKWARE.

By providing PKWARE with such information, you give PKWARE permission to contact you or use the information you provide for the specific purpose stated at the time you provide such information to PKWARE. PKWARE will not disclose personally identifiable information it collects from you to third parties without your permission except to the extent necessary including:

• To fulfill your requests for services
• To protect PKWARE from liability
• To respond to legal processes or comply with law, or
• In connection with a merger, acquisition or liquidation of PKWARE

USE OF COOKIES

PKWARE may use cookies throughout its Websites to remember a visitor's preferences on their next visit, to improve search functionality or to hold information that you would otherwise need to re-key. PKWARE reserves the right to share aggregated site statistics with its partner companies, but does not allow other companies to place cookies on its Website unless there is a temporary, overriding customer value (such as merging into a Website that relies on third-party cookies). You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on the PKWARE Website.

DO NOT TRACK

PKWARE does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals or mechanisms.

USE OF WEB BEACONS OR GIF FILES

PKWARE web pages may contain electronic images known as web beacons – sometimes also called single-pixel gifs – that allow PKWARE to count users who have visited those pages and to deliver co-branded services. PKWARE may also include web beacons in promotional e-mail messages or newsletters in order to determine whether such messages have been opened and acted upon. Some of these web beacons may be placed by third party service providers to help determine the effectiveness of PKWARE advertising campaigns or e-mail communications. These web beacons may be used by such service providers to place a persistent cookie on your computer. This allows the service provider to recognize your computer each time you visit certain pages or e-mails and compile anonymous information in relation to those page views, which in turn enables PKWARE and its service providers to learn which advertisements and emails bring you to a Website and how you use the Website. PKWARE prohibits web beacons from being used to collect or access your personal information.

SECURITY & MONITORING

The Website has commercially reasonable technical and organizational security measures in place with the intent prevent the loss, misuse or alteration of information under PKWARE control. However, PKWARE cannot guarantee that unauthorized third parties will never be able to defeat such security measures or use your personal information for improper purposes. PKWARE is under no obligation to monitor the conduct of its Website users, but it will investigate and respond when violations are reported. PKWARE reserves the right to delete, remove or exclude any listing or information, in its sole discretion, that does not meet its intent and guidelines for the services offered on the Website.

GOVERNING LAW AND JURISDICTION

This Privacy Policy, and PKWARE's collection and use of customer information, shall be governed and interpreted in accordance with the laws of the United States and the State of Wisconsin. Any disputes arising out of this Policy shall be adjudicated in Milwaukee County, Wisconsin or federal court of competent jurisdiction in the Eastern District of the State of Wisconsin.

GOVERNING LANGUAGE

Any translation of this Privacy Policy is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Privacy Policy shall govern.

CHANGES TO THIS POLICY

PKWARE reserves the right, at any time, to modify, alter or update this Privacy Policy without prior notice. When this occurs, the “updated” date atop of this Privacy Policy section will also be revised. PKWARE encourages you to periodically review its Privacy Policy to stay informed about how it is helping to protect the personal information it collects. Your continued use of the Website and constitutes your agreement to the then-current Privacy Policy.

CHOICE/OPT-OUT

You may opt-out of receiving further communications from PKWARE through any of the following methods:

• Use the opt-out link found at the bottom of an e-mail message you receive from PKWARE; or
• Send a request by e-mail to: marketing@pkware.com ; or
• Call +1.414.289.9788

 All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2013 PKWARE, Inc., with all rights reserved, or the property of third parties protected by intellectual property rights and licensed for use by PKWARE.  Any use of materials on the Website, including reproduction for purposes other than those provided above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of PKWARE is strictly prohibited.  By accessing the Website, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy any PKWARE-owned web page or the content contained therein without prior written permission of an authorized officer of PKWARE.

Partnerlink, PKSFX, PKUNZIP, PKWARE, the PKWARE logo, PKWARE Data Compression Library, PKWARE SDK, PKZIP, and SecureZIP are all registered trademarks of PKWARE, Inc. in the United States and other countries.  Deflate64, PKZIP Command Line, SaveSecure, SecureZIP Mail Gateway, SecureZIP Partnerlink, and Viivo are trademarks of PKWARE, Inc.  Use of any PKWARE intellectual property is subject to PKWARE terms and guidelines, available from PKWARE upon request.  PKWARE’s trademarks may not be used in connection with any product or service that is not provided by PKWARE in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PKWARE.

All other trademarks displayed on 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:  http://legal.pkware.com/

You may opt-out of receiving further communications from PKWARE through any of the following methods:

• Use the opt-out link found at the bottom of an email message you receive from PKWARE; or
• Send a request by email to:  marketing@pkware.com  ; or Call +1.414.289.9788; or Call +1.414.289.9788