1.1. Source Code License. The Licensor hereby grants you a royalty-free,
non-exclusive license, to use, reproduce, modify, display, and distribute the Software (or portions
thereof) with or without modifications.
1.2. Distribution Obligations. The source code version of the Software may be
distributed only under the terms of this License or a future version of this License released by Licensor,
and you must include a copy of this License with every copy of the source code you distribute. You may
not offer or impose any terms on any source code version that alters or restricts the applicable version
of this License or the recipient's rights hereunder.
1.3. Modifications. Any modifications of the Software which you create or to which
you contribute are governed by the terms of this License. You must cause all Software to which you
contribute to contain a file identifying you as the author of the changes you made, documenting the
changes you made to create that Software, and the date of any change. You must include a prominent
statement in the source code that the modification is derived, directly or indirectly, from original
code provided by the Licensor. You may not contribute code or perform modifications to the Software
which is not your original creation or for which you do not have all necessary license rights. Upon
modification, User warrants that a copyright notice in the name of Franciscan University of Steubenville
be embedded at the beginning of the modified software file in the following manner: "Portions of this
software are copyrighted by Franciscan University of Steubenville, 2004." You must include all proper
patent markings in modifications as follows: "U.S. Patent No. 6,757,699."
1.4. Executable Versions. This Personal License does not permit you to copy or
distribute Software in binary or executable form.
1.5. Use of Names. The names "Pryvit", "Franciscan University", and "Franciscan
University of Steubenville" must not be used to endorse or promote products derived from this Software
without prior written permission. Products derived from this Software may not be called "Pryvit", nor
may "Pryvit" appear in their name, without prior written permission of the Franciscan University of
Steubenville.
1.6. Title. User agrees that the Software, enhancements, improvements, copies
thereof, and all information and intellectual property contained therein, which is original to
Franciscan University of Steubenville, is proprietary to and owned by Franciscan University of
Steubenville, embodying substantial creative efforts and proprietary information, ideas, intellectual
properties and expressions, and that the furnishing thereof does in no way constitute the granting or
waiver, by Franciscan University of Steubenville, of its proprietary interest or exclusive rights
therein. Franciscan University of Steubenville reserves all rights to the Software not expressly
granted herein.
1.7 Copyright Notice. User warrants that the copyright notice shall not be
deleted, altered or otherwise modified except as stated in paragraph 1.3 above.
1.8 Patent Marking. User shall not remove any patent markings contained in
the Pryvit software.
ARTICLE II. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
THE SOFTWARE IS PROVIDED UNDER THIS LICENSE "AS IS", WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE SOFTWARE
IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD ANY SOFTWARE PROVE
DEFECTIVE IN ANY RESPECT, YOU (NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THIS LICENSE. NO USE OF ANY SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT,
OR OTHERWISE, SHALL LICENSOR OR ANY OTHER CONTRIBUTOR TO THE SOFTWARE, OR ANY SUPPLIER OF ANY OF
SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
LOSS OF USE, DATA, OR PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES.
ARTICLE III. U.S. GOVERNMENT END USERS.
The Software has been developed at private expense, without the use of
government funds. If the Software is supplied to the United States Government, the Software
is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR.
Use, duplication, and disclosure of the Software by civilian agencies of the U.S. Government
shall be as provided in clause 52.227-19 of the FAR. Use, duplication, and disclosure of the
Software by DOD agencies is subject solely to the terms of this Agreement, as stated in
DFARS 227.7202.
ARTICLE IV. EXPORT LAWS.
It is licensee's responsibility to comply with any export regulations
applicable in licensee's jurisdiction. Under CURRENT (May 2004) U.S. export regulations
this software has been assigned Export Control Classification Number 5D992, is eligible
for export from the U.S. and can be downloaded by or otherwise exported or reexported
worldwide EXCEPT to U.S. embargoed destinations which include Cuba, Iran, Iraq, Libya,
North Korea, Sudan and Syria (or to any national of those countries) and any other
country to which the U.S. has embargoed goods and services, AND FURTHER SUBJECT TO any
existing restrictions on exports and reexports of encryption items to designated terrorist
supporting countries and nationals of such countries, and persons designated in Part 744
of the Export Administration Regulations.
ARTICLE V. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be unenforceable, such
provision shall be reformed only to the extent necessary to make it enforceable.
This License shall be governed by and construed in accordance the laws of the State
of Ohio, without giving effect to any principles of conflicts of law. You agree that
any action at law or in equity arising out of or relating to these terms shall be
filed only in the state courts located in Jefferson County, Ohio or federal courts
for the Southern District of Ohio located in Columbus, Ohio, and you hereby consent
and submit to the personal jurisdiction of such courts for the purposes of litigating
any such action. The application of the United Nations Convention on Contracts for
the International Sale of Goods is expressly excluded. Any law or regulation which
provides that the language of a contract shall be construed against the drafter shall
not apply to this License.
ARTICLE VI. ACCEPTANCE OF TERMS AND CONDITIONS.
If the terms stated in this Personal License are acceptable
to you, then click on either of the "I Accept" options below. Otherwise, click on the "I do
not Accept" option below. Further downloading this software indicates your
acceptance of the terms and conditions contained in this Personal License.
I Accept -- Download Zip file (suitable if you have WinZip software)
I Accept -- Download self-extracting executable file
