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authorIan Schoonover2018-11-04 15:58:48 -0800
committerIan Schoonover2018-11-04 15:58:48 -0800
commitb358dae7421f62742528539e9c2b88d70945d479 (patch)
tree739b469465c44ed721b98b70474706b1902b18aa /LICENSE
parent989fc92ee43c5fe6b77ffe60bbc900e070ed1b16 (diff)
downloadaur-wickr-bin.tar.gz
adopting package. updating to 4.62.2
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+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.