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- Program Name: Cerberus FTP Server
- Version: 2.22
- Date: 23 September 2004
- Author: Grant Averett
- email: comments@cerberusftp.com
- web : http://www.cerberusftp.com
- buy : http://www.cerberusftp.com/purchase/
- Copyright: (c) 2001 -2004 Grant Averett
- Provided As: Free for personal use (refer below to License Agreement)
-
- "Cerberus FTP Server provides powerful, multithreaded
- FTP server performance without sacrificing ease-of-use.
- Designed to use very little CPU and memory, Cerberus
- features a user-friendly interface that can be easily
- hidden or accessed from the system tray. The server
- is able to listen for connections on multiple
- interfaces (Multi-homed PCs), run as an NT service,
- resume failed transfers, and offers an easy-to-use
- manager for controlling user access to files and file
- operations. Connection limit, timeout, and IP access
- can be controlled by the administrator as well as a
- variety of other settings. In addition, Cerberus FTP
- Server offers statistics on connections as well as
- robust logging capabilities."
-
- GRANT AVERETT
- END USER LICENSE AGREEMENT
- CERBERUS FTP SERVER
-
- Software License Agreement for Cerberus FTP Server
-
- IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE
- (AS DEFINED BELOW), COPYING THE SOFTWARE AND/OR CLICKING ON
- THE "ACCEPT" BUTTON BELOW, YOU (EITHER ON BEHALF OF YOURSELF
- AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED
- REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF THIS END USER
- LICENSE AGREEMENT ("AGREEMENT") REGARDING YOUR USE OF THE
- SOFTWARE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS
- AGREEMENT, CLICK ON THE "NO" BUTTON AND/OR DO NOT INSTALL,
- COPY OR OTHERWISE USE THE SOFTWARE.
-
- 1. GRANT OF LICENSE: Subject to the terms below, GRANT AVERETT
- ("GRANT AVERETT") hereby grants you a non-exclusive,
- non-transferable license to install and to use the downloadable,
- standard version of Cerberus FTP Server ("Software").
-
- If you are licensing the Software as an individual or
- not-for-profit charitable entity (as set forth in U.S.C., Title 26,
- Section 501 (c)(3)(excluding governmental entities and
- educational institutions)) only, your license will be free to
- you for the term of the Agreement and you may: (i) install
- and use the Software on a single computer for your personal,
- internal use and in no event for the benefit of a company,
- for-profit entity, governmental entity, or educational
- institution; and (ii) copy the Software for back-up or
- archival purposes.
-
- If you are licensing the Software on behalf of a for-profit
- entity, governmental entity, or educational institution, your
- license will be free for an introductory thirty (30) day period
- and, should you elect to purchase the full license, will
- continue perpetually. During the introductory period, or the
- full license term, if you elect to purchase it, you may:
- (i) install and use the Software for your internal use on the
- number of computers for which you have paid license fees; and
- (ii) copy the Software for back-up or archival purposes.
-
- Whether you are licensing the Software as an individual or on
- behalf of an entity, you may not: (i) reverse engineer, decompile,
- or disassemble the Software; (ii) modify, or create derivative
- works based upon, the Software in whole or in part;
- (iii) distribute copies of the Software; (iv) remove any
- proprietary notices or labels on the Software; or (v) resell,
- lease, rent, transfer, sublicense, or otherwise transfer rights
- to the Software.
-
- 2. TITLE: You acknowledge that no title to the intellectual
- property in the Software is transferred to you. Title, ownership,
- rights, and intellectual property rights in and to the Software
- shall remain with Grant Averett. The Software is protected by copyright
- and patent laws of the United States and international treaties.
-
- 3. UPDATES. From time to time, Grant Averett may make available
- updates to the software. You may download and install or otherwise
- use those updates to the software that are released by Grant Averett
- within one year of software registration date. All updates to the
- Software are governed by this Agreement, unless other license terms are
- provided with the update.
-
- 4. DISCLAIMER OF WARRANTY: YOU AGREE THAT GRANT AVERETT HAS MADE NO
- EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND
- THAT THE PRODUCTS ARE BEING PROVIDED TO YOU "AS IS" WITHOUT
- WARRANTY OF ANY KIND. GRANT AVERETT DISCLAIMS ANY AND ALL OTHER
- WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING,
- BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT
- OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A
- PARTICULAR PURPOSE. GRANT AVERETT SHALL NOT BE LIABLE FOR INDIRECT,
- INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES
- (INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT)
- ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT.
-
- 5. LIMITATION OF LIABILITY: You must assume the entire risk of
- using the program. IN NO EVENT SHALL GRANT AVERETT BE LIABLE TO YOU
- FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR
- OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND
- ARISING OUT OF THE USE OF GRANT AVERETT'S SOFTWARE, EVEN IF GRANT AVERETT
- HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
- WILL GRANT AVERETT'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT,
- OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY
- YOU, PROVIDED, HOWEVER, IF THE RELEVANT PRODUCT WAS PROVIDED TO
- YOU AT NO CHARGE YOU AGREE GRANT AVERETT SHALL NOT BE LIABLE TO YOU
- FOR ANY DAMAGES. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL
- INJURY TO THE EXTENT PERMITTED BY LAW.
-
- 6. TERMINATION: This Agreement shall terminate automatically if
- you fail to comply with the limitations described in this Agreement,
- or if you are licensing the Software on behalf of an entity and do
- not elect to continue the license following the expiration of the
- introductory period or you do not renew any one (1) year license
- with GRANT AVERETT. No notice shall be required from GRANT AVERETT to
- effectuate such termination. Upon termination, except for failure
- to renew, you must uninstall and destroy all copies of the Software.
-
- 7. MISCELLANEOUS:
- Severability.
- In the event of invalidity of any provision of this Agreement, the
- parties agree that such invalidity shall not affect the validity of
- the remaining portions of this Agreement.
-
- Export.
- You agree that you will not export or re-export the Software
- outside of the jurisdiction in which you obtained it without the
- appropriate United States or foreign government licenses.
-
- Governing Law.
- This Agreement will be governed by the laws of the State of
- Maryland as they are applied to agreements between Maryland
- residents entered into and to be performed entirely within
- Maryland. The United Nations Convention on Contracts for the
- International Sale of Goods is specifically disclaimed.
-
- Entire Agreement.
- You agree that this is the entire agreement between you and
- GRANT AVERETT, which supersedes any prior agreement, whether written
- or oral, and all other communications between GRANT AVERETT and you
- relating to the subject matter of this Agreement.
-
- Reservation of rights.
- All rights not expressly granted in this Agreement are reserved
- by GRANT AVERETT.
-
- ⌐ 2002 Grant Averett. All rights reserved.