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author | Ian Schoonover | 2018-11-04 15:58:48 -0800 |
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committer | Ian Schoonover | 2018-11-04 15:58:48 -0800 |
commit | b358dae7421f62742528539e9c2b88d70945d479 (patch) | |
tree | 739b469465c44ed721b98b70474706b1902b18aa /LICENSE | |
parent | 989fc92ee43c5fe6b77ffe60bbc900e070ed1b16 (diff) | |
download | aur-wickr-bin.tar.gz |
adopting package. updating to 4.62.2
Diffstat (limited to 'LICENSE')
-rw-r--r-- | LICENSE | 212 |
1 files changed, 212 insertions, 0 deletions
diff --git a/LICENSE b/LICENSE new file mode 100644 index 000000000000..e3cccb195bac --- /dev/null +++ b/LICENSE @@ -0,0 +1,212 @@ +Terms + +AGREEMENT TO THESE TERMS OF SERVICE + +This document and these terms (“Agreement”) represent a legal contract between you and Wickr (“Wickr“, “we“, +“our“), governing your use of Wickr Messenger, a mobile or web services or mobile or web software (“Wickr +Software”) owned, controlled or offered by Wickr (collectively, the ”Wickr Services“). PLEASE READ CAREFULLY THE +FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY USING THE Wickr SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, +UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO THIS TERMS OF +SERVICE, PLEASE CEASE USING THE Wickr SERVICES IMMEDIATELY. + +You acknowledge and agree that this contract is only between you and Wickr and not any of Wickr’s partners, +distributors, promoters or service providers (collectively, “Distributors”). Should you have any issue or claim +with respect to the Wickr Services, Wickr, and not its Distributors, will be solely responsible for addressing +the issue or claim. If you have obtained the Wickr Services from one of Wickr’s Distributors, you agree that any +such Distributor will have no obligation or responsibility to provide you any warranty, maintenance and support +services with respect to the Wickr Services. + +1. LICENSE GRANT + +All Wickr Services are licensed to you and not sold. Subject to the terms of this agreement, Wickr grants you a +personal, non- exclusive, non-transferable and non-sublicensable license to use the Wickr Services solely for +your personal or internal business purposes. You may use the Wickr Software for one Wickr Services subscription +account on up to ten mobile devices legally under your control, for your personal or internal business use. When +you submit User Data to Wickr, you hereby grant to Wickr, a non- exclusive, royalty-free, worldwide license to +distribute your User Data through the Wickr Service on your behalf solely for the purpose of providing the +secure messaging service. With respect to any open source or third-party code that may be incorporated in the +Wickr Software, such open source code is covered by the applicable open source or third-party end user license +agreement, if any, authorizing use of such code. [Wickr DOES NOT USE, COPY OR MODIFY USER DATA. IT’S IMPOSSIBLE +FOR US TO DO THIS AS DATA IS ENCRYPTED AND WE CAN’T READ IT] + +2. RESERVATION OF RIGHTS + +The Wickr Services and all content, visual interfaces, information, graphics, design, compilation, computer +code, products, software, trademarks, service marks, trade names and services are the property of Wickr or its +subsidiaries or affiliated companies and/or third- party licensors. Except for the express license granted to +you, no right, title, interest or license to the Wickr Services is granted to you, whether by implication, or +otherwise. + +3. RESTRICTIONS + +You acknowledge and agree that you will not: (a) reproduce or attempt to reproduce the Wickr Software; (b) +modify, adapt, translate or create any derivative works of the Wickr Software or attempt to do the foregoing; +(c) attempt to circumvent or disable the Wickr Software or any technology, features or measures in the Wickr +Software by any means or in any manner; (d) attempt to decompile, disassemble, reverse engineer, or otherwise +attempt to derive the source code for the Wickr Software; (e) distribute, encumber, sell, rent, lease, +sublicense, or otherwise transfer, publish or disclose the Wickr Software to any third party; (f) use for a +service bureau or otherwise commercialize or attempt to commercialize use of the Wickr Software; or (g) remove +or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the +Wickr Software or used in connection with the Wickr Software. + +4. USER DATA + +The Wickr Services may allow the submission of content and materials by you (” User Data “), and the hosting, +storing of such User Data. You shall be solely responsible for your own User Data and the consequences of +storing or transmitting them. Wickr assumes no responsibility whatsoever in connection with or arising from User +Data. Wickr does not endorse and has no control over the content of User Data submitted by other Users. Wickr +reserves the right to prevent you from submitting User Data and to restrict or remove User Data for any reason +at any time. + +5. PRIVACY POLICY; COPPA Compliance; GUIDELINES TO INDIVIDUAL FEATURES AND SERVICES + +Wickr’s Privacy Policy is hereby incorporated into this Agreement by reference. Please read this Privacy Policy +carefully for disclosures relating to the collection, use, and disclosure of your personal information. By using +this service, you consent to Wickr’s collection and use of User Data as described in the policy in place at the +time when data is collected. + +When using Wickr, you will be subject to any additional posted guidelines or rules applicable to certain +features, which may be posted from time to time (the ”Guidelines“), which are also hereby incorporated by +reference into this Agreement. + +6. MODIFICATION OF THIS AGREEMENT + +Wickr may modify this Terms of Service from time to time. Any and all changes to this Agreement will be posted +on the Wickr.com site, and you agree to be bound by any changes to the Terms of Service when you continue to use +the Wickr Services after those changes are posted. + +7. ACCOUNT INFORMATION + +Wickr will not be liable for any damages or liability resulting from your account information. You agree not to +sell or transfer or allow another person to access your account password or Wickr Services account. + +8 . USAGE RULES; PROHIBITED CONDUCT & USES + +Wickr was founded upon the belief that private communications are a universal human right, and our Services are +designed to enable secure end-to-end communication. While we don’t have the technical capability to monitor +Wickr Services accounts or our users’ messages, we reserve the right to suspend or terminate accounts if we +learn they violate the following terms. + +YOU MAY NOT USE THE WICKR SERVICES: + + for illegal purposes or in furtherance of illegal activities; + to engage in targeted harassment, bullying, or threats of violence against others; + to send or disseminate other people’s private and confidential information, such as credit card numbers or +Social Security/National Identity numbers, without their express authorization and permission; + in any manner that infringes patents, trademarks, trade secrets, copyrights, or any other proprietary or +intellectual property rights; or + for the purpose of spamming others. + to impersonate others in a manner that does or is intended to mislead, confuse, or deceive others; + to remove, circumvent, disable, damage or otherwise interfere with security features of the Wickr Services, +including any technical measures we may use to prevent or restrict unauthorized access to the Wickr Services, +features that prevent or restrict use or copying of any content accessible through the Wickr Services, or +features that enforce limitations on use of the Wickr Services; + to intentionally interfere with or damage operation of the Wickr Services or any user’s enjoyment of them, +including by uploading or disseminating viruses, worms, or other malicious code; + to use any robot, spider, scraper or other automated means to access the Wickr Services without our express +written permission; + to modify the Wickr Services in any manner or form; or + to sell, transfer or allow another person to access your account password or Wickr Services account. + +9. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS + +The Wickr Services may include links to other web sites or services solely as a convenience to Users. Wickr does +not endorse or make any representations regarding any such linked sites or the any information or materials +accessible through other linked sites. Wickr disclaims all liability relating to your use of such linked sites. + +10. GOVERNMENT END USERS. + +If this Wickr Software is being acquired on behalf of the United States Government, then the following provision +applies. Use, duplication, or disclosure of the Wickr Software by the U.S. Government is subject to restrictions +set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS +252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as +applicable. + +11. EXPORT CONTROL. + +The Wickr Software originates in the United States, and is subject to United States export laws and regulations. +The Wickr Software may not be exported or re-exported to certain countries or those persons or entities +prohibited from receiving exports from the United States. In addition, the Wickr Software may be subject to the +import and export laws of other countries. You agree to comply with all United States and foreign laws related +to use of the Wickr Software and the Wickr Services. + +12. VIOLATIONS; TERMINATION + +You agree that Wickr may terminate or suspend your access to the Wickr Services without prior notice and without +liability if such termination or suspension is based on (a) Wickr’s good faith belief you have violated any of +the terms and conditions of this Agreement, (b) Wickr’s determination that you repeatedly infringe or have +infringed the copyrights of others, (c) extended periods of inactivity with respect to any of the Wickr +Services. These remedies are in addition to any other remedies Wickr may have at law or in equity. Wickr +reserves the right to terminate Free Accounts and free access to Wickr Services at any time, with or without +notice without any liability of any kind. + +Wickr reserves the right to terminate any account considered as squatting on a username, or accounts that are +deemed as spammers, or violate any laws of the U.S. Wickr may terminate or suspend its services at any time, and +for any reason without any liability. + +13. CONSUMER RIGHTS + +You may have the benefit of consumer guarantees and warranties given under statute (“Mandatory Terms”). Where +any statute applies to this Agreement to give you the benefit of Mandatory Terms, and that statute does not +permit Wickr to exclude or limit the application of those Mandatory Terms (or would render void any attempt to +do so), then those Mandatory Terms apply to this Agreement for your benefit, and nothing in this Agreement +excludes or limits those Mandatory Terms or liability for breach of them. This applies to all of the terms of +this Agreement, including any terms in relation to DISCLAIMERS: NO WARRANTIES, INDEMNIFICATION: HOLD HARMLESS, +AND LIMITATION OF LIABILITY AND DAMAGES. + +14. DISCLAIMERS; NO WARRANTIES + +THE Wickr SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONNECTION WITH THE +Wickr SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE +LAW, Wickr, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT +LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF +PROPRIETARY RIGHTS. Wickr AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE +Wickr SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE Wickr SERVICES OR +THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS OR THAT THE Wickr SERVICES WILL MEET YOUR +REQUIREMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR DEVICE, LOSS OF USE, OR LOSS OF +DATA. + +15. INDEMNIFICATION; HOLD HARMLESS + +You agree to indemnify, defend, and hold harmless Wickr, its affiliated companies, and its suppliers and +partners from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including +attorneys’ fees, arising out of or related to (a) your use or misuse of the Wickr Services, (b) any violation of +the rights of any other person or entity by you, or (c) any breach or violation by you of this Agreement. Wickr +reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are +required to indemnify us, and you agree to cooperate with our defense of these claims. + +16. LIMITATION OF LIABILITY AND DAMAGES + +TO THE EXTENT PERMITTED BY APPLICABLE LAW, Wickr OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR +THIRD-PARTY PARTNERS OR SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, +RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO YOUR USE OF THE Wickr SERVICES, EVEN IF Wickr HAS BEEN +ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. + +17. MISCELLANEOUS + +This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and +supersedes all prior or contemporaneous oral or written understandings. This Agreement may be amended only by a +writing signed by both parties. + +This Agreement will be governed by the laws of the State of Delaware, without regard to conflicts of law +provisions, and you consent to the exclusive jurisdiction of the state and federal courts sitting in Wilmington, +Delaware, U.S. This Agreement will not be governed by the United Nations Convention on Contracts for the +International Sale of Goods. Either Wickr or you may demand that any dispute or claim between Wickr and you +about or involving the Wickr Services must be settled by arbitration utilizing the dispute resolution procedures +of the American Arbitration Association (” AAA “) in San Francisco, California, USA and, if so demanded by Wickr +or you, both parties hereby acknowledge and agree to submit exclusively to the jurisdiction of the AAA in San +Francisco, CA to resolve the applicable dispute or claim; provided that the foregoing shall not prevent Wickr +from seeking injunctive relief in a court of competent jurisdiction. +If any provision of this Agreement should be held invalid or unenforceable by a court of competent jurisdiction, +such provision will be modified to the extent necessary to render it enforceable without losing its intent or +severed from this Agreement if no such modification is possible, and other provisions of this Agreement will +remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any +breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. +This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or +assigned by you, but may be assigned or transferred by Wickr without restriction. The provisions of this +Agreement that require or contemplate performance after the termination of this Agreement and all provisions +relating to limitation of liability, disclaimers, and indemnification will be enforceable notwithstanding such +termination. Neither party will be in default or be liable for any delay, failure in performance, or +interruption of service resulting directly or indirectly from any cause beyond its reasonable control. If any +dispute arises under this Agreement, the prevailing party will be reimbursed by the other party for any and all +legal fees and costs associated therewith. |