Zero-Knowledge Systems Inc.
FREEDOM(tm) Client 2.1 License Agreement
Copyright 2001, Zero-Knowledge Systems Inc. All Rights Reserved
For Non-Commercial Distribution and Use Only
Terms and Conditions

THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL LICENSEES OF THIS SOFTWARE. 

BEFORE YOU (sometimes referred to herein as a "Licensee") CLICK ON THE "YES" BUTTON BELOW, CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT (the "Agreement"). ZERO-KNOWLEDGE SYSTEMS INC. HAS PERMITTED THE DISTRIBUTION AND USE OF THE FREEDOM(tm) 2.1 SOFTWARE PRODUCT ON A NON-COMMERCIAL BASIS SUBJECT TO ALL OF THE FOLLOWING TERMS AND CONDITIONS OF DISTRIBUTION AND USE.  BY CLICKING THE "YES" BUTTON, YOU AND ANY SUBSEQUENT END-USER OF THIS SOFTWARE ARE AGREEING TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, CLICK ON THE "NO" BUTTON AND DO NOT INSTALL OR USE THE SOFTWARE.
	
This version of FREEDOM(tm) 2.1, including the software and its related user documentation, ("Software Product") is owned by Zero-Knowledge Systems Inc. ("ZKS"), a corporation continued under the laws of New Brunswick and is protected by copyright laws, international copyright treaties, certain patent laws as well as other intellectual property laws and treaties.  In the United States, the Software Product is sold by Zero-Knowledge Systems U.S.A. Inc. and is subject to license by ZKS.  Any price you paid at the time you acquired the Software Product is, unless specifically stated otherwise, in consideration for your access to the Freedom Network and not for the Software.  The only consideration you are giving for the Software is your compliance with this Agreement.

In addition to the terms and conditions herein, in order for Licensee to access and use the Freedom Network, Licensee must accept the terms and conditions contained in the Freedom Network Access Agreement and Freedom Network Policies.

1.	Grant of Rights.  ZKS, the owner of FREEDOM(tm) 2.1 anonymous internet protocol software, grants to the Licensee using this copy of FREEDOM(tm) 2.1 software a non-exclusive, transferable license to use the FREEDOM(tm) 2.1 software and any other software and fonts included in this package and its documentation for non-commercial use in accordance with the terms of this license. 

2.	Copying and Distribution.  The Software Product is in the public domain.  You may copy and distribute verbatim copies of the Software Product, in any medium, provided that you (i) conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; (ii) keep intact all the notices that refer to this license and to the absence of warranty; and (iii) give any recipient of the Software Product a copy of this license along with the copy of the Software Product.  You may charge a fee for the physical act of transferring a copy.  Should you wish to distribute copies of the Software Product, we recommend that you refer those to whom you wish to distribute the Software Product to the Zero-Knowledge web site at http://www.zeroknowledge.com at which they can download, without charge, the most recent version of the Software Product.

3.	Ownership.  All right, title and interest (legal and moral) in this Software Product, including its accompanying user documentation, and all copyrights therein and related trademarks, trade names and other intellectual property rights, are owned by Zero-Knowledge Systems Inc. or its suppliers.  The Software is protected by United States and Canadian copyright laws and international treaty provisions.  Your possession, installation or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement.

4.	United States Government Restrictions.  This Software Product is provided with RESTRICTED RIGHTS.  If used or acquired by the United States Government, the Government acknowledges that (a) the Software constitutes "commercial computer software" or "commercial computer software documentation" for purposes of FAR 48 C.F.R. 12.212 and DFAR 48 C.F.R. 227.7202-3, as applicable and (b) the Government's rights of use, duplication or disclosure of the Software Product is limited to those specifically granted to the Licensee pursuant to this Agreement.  The manufacturer is ZKS at the address on the last page of this Agreement.

5.	Export Controls.  You are responsible for complying with all trade regulations and laws both foreign and domestic.  If the country of origin of the download/installation of the Software is the United States, You acknowledge that none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country currently subject to a Canadian or United States embargo; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Denied Parties List or Entity List.  By downloading and using the Software you are agreeing to the foregoing and are representing and warranting that (i) no United States federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the Software to any prohibited county, or to any prohibited person, entity, or end-user as specified by Canadian and United States export controls.

Some countries have restrictions on the use of encryption within their borders, or the import or export of encryption even if for only temporary personal or business use.  You acknowledge that the implementation and enforcement of these laws is not always consistent as to specific countries.  Although the following countries are not an exhaustive list there may exist restrictions on the exportation to, or importation of, encryption by: Belgium, China (including Hong Kong), France, India, Indonesia, Israel, Russia, Saudi Arabia, Singapore and South Korea.  You acknowledge it is your ultimate responsibility to comply with any and all government export and other applicable laws.

6.	Technical Support Information.  Information concerning technical support for the Software Product may be obtained from ZKS by e-mail request sent to "support@freedom.net".

7.	Disclaimer of Warranty. THE SOFTWARE PRODUCT IS PROVIDED ON AN "AS IS" BASIS. ZKS, ITS SUPPLIERS, THOSE WHO OPERATE SERVERS AS PART OF THE FREEDOM(tm) NETWORK AND OTHERS WHO MAY DISTRIBUTE THE SOFTWARE PRODUCT MAKE NO WARRANTY WHATSOEVER IN RESPECT OF THE SOFTWARE PRODUCT, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO ANY MATTER WHATSOEVER.  IN PARTICULAR, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE SOFTWARE PRODUCT ARE EXPRESSLY EXCLUDED AND DISCLAIMED, AND THERE IS NO WARRANTY THAT THE USE OF THE SOFTWARE PRODUCT SHALL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. YOU ASSUME THE ENTIRE COST OF ANY AND ALL DAMAGES RESULTING FROM THE USE OF THE SOFTWARE PRODUCT.

IN ADDITION AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ZKS DOES NOT WARRANT AGAINST ANY DEFECTS IN THE MAGNETIC MEDIA OR FAILURE IN THE PERFORMANCE OF THE PROGRAM CAUSED IN WHOLE OR IN PART BY ANY DEFECT IN ANY PORTION OF THE HARDWARE, EQUIPMENT, OPERATING SYSTEMS, INTERNET BROWSER, OR OPERATING ENVIRONMENT ON OR WITH WHICH THE SOFTWARE PRODUCT IS USED, OR ANY FAILURE OF SAME TO OPERATE IN ACCORDANCE WITH ANY MANUFACTURERS SPECIFICATIONS; USE OF THE SOFTWARE PROGRAM IN CONJUNCTION WITH ANY OTHER SOFTWARE PROGRAM, HARDWARE, PERIPHERAL, OR COMMUNICATION DEVICE; OR ANY ACCIDENT, ABUSE, OR MISAPPLICATION OF THE MEDIA OR THE PROGRAM.

8.	Limitation of Liability.  IN NO EVENT SHALL ZKS, ITS SUPPLIERS OR OTHERS WHO MAY DISTRIBUTE THIS SOFTWARE PRODUCT, THOSE WHO OPERATE SERVERS AS PART OF THE FREEDOM(tm) NETWORK, BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, CLAIMS OF THIRD PARTIES) ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE PRODUCT, EVEN IF ZKS, ITS SUPPLIERS OR OTHERS WHO MAY DISTRIBUTE THIS SOFTWARE PRODUCT, THOSE WHO OPERATE SERVERS AS PART OF THE FREEDOM(tm) NETWORK, HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.  

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9.	Enforceability and Severability.  The terms and conditions of this Agreement may not be modified, amended, canceled or in any way altered, nor may they be modified by custom and usage of trade or course of dealing.  Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

10.	Language.  This Agreement is in the English language, and only the English language version hereof, regardless of the existence of other language translations, shall be controlling in all respects.  By acceptance of the terms and conditions of this  Agreement you agree that you have requested that these terms and conditions be drawn in the English language.  Tel que convenu par les parties, la prsente convention a t rdige en anglais.

11.	Law.  This Agreement is governed by the laws of the Province of Quebec and the laws of Canada applicable therein, without reference to conflict of laws principles.  The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.  Licensee agrees that the courts of the Province of Quebec have sole and exclusive jurisdiction for any claim of Licensee against ZKS hereunder or in connection with the Software Product. 

12.	Legal Fees.  User agrees to pay all reasonable legal fees and expenses incurred by ZKS in the enforcement of this license, including all reasonable fees and expenses that are above and beyond what is permitted by statute.

13.	Waiver and Entire Agreement.  The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.  ZKS reserves the right at any time without liability or prior notice to change the features or characteristics of this Software Product, or its documentation and related materials, or future versions thereof.  These terms and conditions constitute the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communication between us relating to the subject matter of these terms and conditions. 

14.	Use and Availability of Open Source Code.  Portions of Freedom 2.1 were created using source code governed by the Mozilla Public License (MPL).  The source code for the portions of Freedom 2.1 governed by the MPL are available via http://opensource.zeroknowledge.com under those licenses.

Copyright  2001 Zero-Knowledge Systems Inc. All rights reserved. ZKS(tm), Zero-Knowledge(tm), FREEDOM Network(tm) and FREEDOM(tm) are trademarks of Zero-Knowledge Systems Inc. Zero-Knowledge Systems Inc. may have patents, pending patent applications, or both, covering subject matter in this software or its documentation; the furnishing of this software or documentation does not give you any license to these patents.

Should you have any questions concerning these terms and conditions, or if you desire to contact Zero-Knowledge Systems Inc. for any reason, please write to Zero-Knowledge Systems Inc. Customer Service, 888 boul de Maisonneuve East, Suite 600, Montreal, Quebec, Canada H2L 4S8 or to http://www.zeroknowledge.com.

