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 (firstname.lastname@example.org)
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: email@example.com, firstname.lastname@example.org
Subject: Crypto Export Notice
Date: 22 May 2006
Zfone for Windows is available on the Web site Cryptome.org
The Zfone Zipped file was downloaded at 10:00 AM EST, 22 May 2006.
Zfone for Windows
Hello John Young. Your IP address is xxx.xxx.xxx.xxx
The information you supplied:
Name: John Young
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