22 May 2006. Phil Zimmermann writes on Slashdot:

I wish Cryptome would not redistribute my Zfone software. This morning I had to upload a new version due to a last minute mistake we made before the release, and Cryptome probably got the uncorrected version. This is beta software in flux, rapidly changing with new updates likely, especially shortly after it hits when we discover early problems. Further, I've just added critical warnngs to my web site about how to do the installation for Windows, and if someone grabs the software and posts it somewhere else, it will lack those warnings. There are good reasons why I want to maintain control of the distribution, especially during the initial public beta. --Philip Zimmermann (prz@mit.edu)

Another PRZ message:

Although the US has ended most of their export controls for crypto software, there are still some reasonable export controls in place, namely, to prevent the software from being exported to a few embargoed nations, such as North Korea, Iran, Libya, Syria, and Sudan. And for commercial encryption software that you actually pay for (not this free public beta), there are now requirements to check customers against government watch lists as well, which is something that companies such as PGP comply with these days. PGP Corp volunteered to host the public beta software on their server, with all the appropriate checks in place. That's why you have to register, to make sure you are not in an embargoed country, to keep me in compliance with U.S. export laws. Been there, done that. -Philip Zimmermann

22 May 2006

To: crypt@bis.doc.gov, enc@ncsc.mil
Subject: Crypto Export Notice
Date: 22 May 2006

Zfone for Windows is available on the Web site Cryptome.org

http://cryptome.org/Zfone-Windows-beta2.zip (367KB)

John Young
Cryptome Administrator 




  



The Zfone Zipped file was downloaded at 10:00 AM EST, 22 May 2006.


http://www.philzimmermann.com/EN/zfone/index.html


Zfone for Windows


Hello John Young. Your IP address is xxx.xxx.xxx.xxx

The information you supplied:

Name: John Young

Email: jya[at]xxxxxx.xxx


The product for which you registered:


Product Platform Version Release Date Project home


Zfone Windows beta2 05/19/06 Zfone home


The Zfone Windows version requires Windows XP, and won't work on earlier
versions of Windows, such as Windows 95 or 98.


End User License Agreement


Please read the following document. If you agree with the terms and conditions
it describes, click "Accept and Begin Download" to receive your copy of this
release. If you experience problems downloading this release, please click
here for help.


  



ZfoneTM Beta License Agreement


By clicking the accept button or downloading the software, you agree to be
bound by and become a party to this agreement. If you do not agree to all
of the terms of this agreement, you must click the button that indicates
that you do not accept the terms of this agreement and you may not download,
install, or use the software.


carefully read the following legal agreement ("agreement") for the license
of the Zfone beta software you are about to download or install (the "Software").
"Zimmermann" means Phil Zimmermann & Associates LLC, at
http://philzimmermann.com (spelled with 2 Ns!). "you" means the individual
person installing or using the software on his or her own behalf; or, if
the software is being downloaded or installed on behalf of an organization,
such as an employer, "you" means the organization for which the software
is downloaded or installed and you represent that you have authorized the
person accepting this Agreement to do so on your behalf.


1. License Grant. Subject to the terms and conditions of this Agreement,
Zimmermann hereby grants to you a limited, non-exclusive, non-transferable
right to reproduce (solely to install and execute), perform, and use the
Software and the accompanying documentation, if any is provided by Zimmermann
(the "Documentation"), for the sole purpose of evaluating and testing the
Software during the Term.


2. Term. THE SOFTWARE MAY CONTAIN A TIME-OUT FEATURE THAT DISABLES ITS OPERATION
AFTER A CERTAIN PERIOD OF TIME OR AFTER A DATE SPECIFIED IN THE SOFTWARE
(the "Expiration Date"). The term of this Agreement ("Term") shall begin
when you download or install the Software and shall continue until the Expiration
Date, if any. Notwithstanding the foregoing, Zimmermann may terminate this
Agreement immediately if you fail to comply with any of the limitations or
other requirements in this Agreement. Upon any termination or expiration
of this Agreement, you must immediately cease use of the Software and the
Documentation and destroy all copies of the Software and Documentation.


3. Beta Software. You acknowledge that the Software is still under development
and may contain bugs. Although Zimmermann does not provide technical support
for the Software, your feedback is welcome regarding the Software. By providing
feedback, you agree that all ideas, concepts, code, or other information
provided may be utilized by Zimmermann without restrictions and without payment
obligation of any sort, and that Zimmermann shall own, and you hereby assign
to Zimmermann, all intellectual property rights in feedback you submit.
Zimmermann intends to release a commercial version of the Software (to be
licensed from Zimmermann under separate terms and conditions). However,
Zimmermann reserves the right not to release a commercial version of the
Software, and to alter features, specifications, capabilities, functionality,
licensing terms, release dates or any other aspects of a commercial version
of the Software or the license for the Software.


4. Ownership Rights. The Software and Documentation are protected by certain
laws governing intellectual property rights and international treaty provisions.
Zimmermann and its suppliers own and retain all right, title, and interest
in and to the Software and the Documentation, including all copyrights, patents,
trade secret rights, trademarks, and other intellectual property rights therein.
Your possession, installation, or use of the Software or the Documentation
does not transfer to you any title to the intellectual property in the Software,
and you will not acquire any rights to the Software or the Documentation
except as expressly set forth in this Agreement. All copies of the Software
and Documentation made hereunder must contain the same proprietary notices
that appear on and in the Software and Documentation.


5. Restrictions. You may not sell, lease, license, rent, loan, or otherwise
transfer the Software or the Documentation, with or without consideration.
You agree not to permit any third party to use the Software or the Documentation
in any form, and to use all reasonable efforts to ensure that no unauthorized
use of the Software or the Documentation is made. You may not permit third
parties to benefit from the use or functionality of the Software via a
timesharing, service bureau, or other arrangement, except to the extent such
use is specified in the Documentation. You may not transfer any of the rights
granted to you under this Agreement. You may not reverse engineer, decompile,
or disassemble the Software. Notwithstanding the foregoing sentence, decompiling
the Software is permitted to the extent the laws of your jurisdiction give
you the right to do so to obtain information necessary to render the Software
interoperable with other software; provided, however, that you must first
request such information from Zimmermann and Zimmermann may, in its discretion,
either provide such information to you (subject to confidentiality terms)
or impose reasonable conditions, including a reasonable fee, on such use
of the Software to ensure that Zimmermann's and its suppliers' proprietary
rights in the Software are protected. You may not modify, or create derivative
works based upon, the Software or the Documentation in whole or in part.
You may not copy the Software or Documentation except as expressly permitted
in Section 1 above. You may not remove any proprietary notices or labels
on the Software or the Documentation. All rights not expressly set forth
hereunder are reserved by Zimmermann.


6. No Warranty. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS," WITH
ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, ZIMMERMANN DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS,
WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT,
QUIET ENJOYMENT, AND ACCURACY WITH RESPECT TO THE SOFTWARE AND THE DOCUMENTATION.
THE SOFTWARE IS NOT DESIGNED OR INTENDED TO BE USED IN ACTIVITIES THAT REQUIRE
FAULT-TOLERANT PERFORMANCE.


7. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL ZIMMERMANN OR ITS SUPPLIERS
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOSS OF
PROFITS, BUSINESS INTERRUPTION, WORK STOPPAGE, OR COMPUTER FAILURE OR
MALFUNCTION. IN NO EVENT WILL ZIMMERMANN BE LIABLE FOR ANY DAMAGES IN EXCESS
OF THE AMOUNT ACTUALLY PAID FOR A LICENSE TO THE SOFTWARE, EVEN IF ZIMMERMANN
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT
APPLICABLE LAW PROHIBITS SUCH LIMITATION.


8. United States Government. The Software and accompanying Documentation
are deemed to be "commercial computer software" and "commercial computer
software documentation," respectively, pursuant to DFAR Section 227.7202
and FAR Section 12.212 (or successor regulations), as applicable. Any use,
modification, reproduction, release, performance, display, or disclosure
of the Software or the Documentation by the United States Government shall
be governed solely by the terms of this Agreement and shall be prohibited
except to the extent expressly permitted by the terms of this Agreement.


9. Export Controls. You are advised that the Software and the Documentation
are subject to the U.S. Export Administration Regulations. You shall not
export, re-export, import, or transfer the Software or the Documentation
contrary to U.S. or other applicable laws, whether directly or indirectly,
and you will not assist or facilitate others in doing any of the foregoing.
You represent and warrant that (a) neither the United States Bureau of Export
Administration nor any other federal agency has suspended, revoked, or denied
your export privileges, and (b) you are not located in, a resident of, or
a citizen of, Cuba, Iran, Libya, North Korea, Sudan, Syria or any other country
to which the United States has embargoed goods. You agree not to use or transfer
the Software for end use relating to any nuclear, chemical or biological
weapons, or missile technology unless authorized by the U.S. Government by
regulation or specific license. You acknowledge it is your responsibility
to comply with any and all export and import laws and that Zimmermann has
no further responsibility after the initial distribution to you within the
original country of distribution.


10. Miscellaneous. This Agreement is governed by the laws of the United States
and the State of California, excluding any conflicts of law principles that
would provide for the application of the law of another jurisdiction. The
application of the United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded. This Agreement represents the entire
agreement with respect to the Software and the Documentation between you
and Zimmermann, and supersedes any prior agreement that purports to grant
a Software license to you, or proposal, representation, or understanding
between the parties, provided that, in the event of any conflict between
this Agreement and a hardcopy software license agreement signed by both you
and Zimmermann with respect to the Software, the terms of that software license
agreement shall prevail. This Agreement may not be modified except by a written
amendment (not including conflicting preprinted terms of a purchase order,
confirmation, or the like, which will have no effect) expressly referencing
this provision and signed by a duly authorized officer of Zimmermann. No
right or remedy of Zimmermann under this Agreement shall be deemed waived
by Zimmermann unless such waiver is in writing and signed by a duly authorized
officer of Zimmermann. If any provision of this Agreement is held invalid
as written, the remainder of this Agreement shall continue in full force
and effect and the invalid provision will be deemed modified so as to be
enforceable to the maximum extent permitted by applicable law. Unless expressly
stated otherwise, in this Agreement "including" means "including but not
limited to" and "discretion" means "sole and absolute discretion." This Agreement
is personal to you and may not be assigned or transferred for any reason
whatsoever without Zimmermann's express written consent, and any action or
conduct in violation of the foregoing shall be void and without effect.
Zimmermann expressly reserves the right to assign this Agreement and to delegate
any of its obligations hereunder.


11. Contacting Zimmermann. If you have any questions concerning these terms
and conditions, or if you would like to contact Zimmermann for any other
reason, please go to
http://www.philzimmermann.com
(spelled with 2 Ns!).


  



Release history for Windows platform:


Product Platform Version Release Date


*Zfone Windows beta2 05/19/06