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- SmartFTP License Agreement
-
- SMARTFTP VERSION 1.0 END-USER LICENSE AGREEMENT
-
- IMPORTANT-READ CAREFULLY: This SmartFTP End-User License Agreement ("EULA") is a
- legal agreement between you (either an individual or a single entity) and the
- SmartFTP Group for the SOFTWARE(s) identified above, which includes the User's
- Guide, any associated SOFTWARE components, any media, any printed materials
- other than the User's Guide, and any "online" or electronic documentation
- ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree
- to be bound by the terms of this EULA. If you do not agree to the terms of this
- EULA, do not install or use the SOFTWARE. If the SOFTWARE was mailed to you,
- return the media envelope along with the rest of the package to the location
- where you obtained it within 30 days from purchase.
-
- 1. The SOFTWARE is licensed, not sold.
-
- 2. GRANT OF LICENSE. The SmartFTP Group grants you a limited, non-exclusive,
- non-transferable, royalty-free license to use the executable code of the
- SOFTWARE on your computer as long as the terms of this agreement are respected.
-
- 3. DISTRIBUTION. You are hereby licensed to make copies of the SOFTWARE as you
- wish; give exact copies of the original SOFTWARE to anyone; and distribute the
- SOFTWARE in its unmodified form via electronic means (Internet, BBS's, Shareware
- distribution libraries, CD-ROMs, etc.). You may charge a distribution fee for
- the package, but you must not represent in any way that you are selling the
- SOFTWARE itself. Your distribution of the SOFTWARE will not entitle you to any
- compensation from the SmartFTP Group. You must distribute a copy of this EULA
- with any copy of the SOFTWARE and anyone to whom you distribute the SOFTWARE is
- subject to this EULA.
-
- 4. TRANSFERRING COPYRIGHTED MATERIAL. Neither the MP3 file format nor the
- SOFTWARE indicates whether a particular MP3 file has been authorized for copying
- or distribution. Copying or distributing copyrighted files may violate United
- States and foreign copyright laws. Compliance with the copyright law remains
- your responsibility. Users who infringe on copyrights may be held liable by the
- copyright owner. If the SmartFTP Group becomes aware that you are using its
- products to infringe on copyrights owned by others, we will discontinue your
- account in accordance with the Digital Millennium Copyright Act.
-
- 5. RESTRICTIONS. You may not reverse engineer, de-compile, or disassemble the
- SOFTWARE, except and only to the extent that such activity is expressly
- permitted by applicable law notwithstanding this limitation. You may not rent,
- lease, or lend the SOFTWARE. You may permanently transfer all of your rights
- under this EULA, provided the recipient agrees to the terms of this EULA. You
- may not use the SOFTWARE to perform any unauthorized transfer of information
- (e.g. transfer of files in violation of a copyright) or for any illegal purpose.
-
- 6. SUPPORT SERVICES. The SmartFTP Group may provide you with support services
- related to the SOFTWARE. Use of Support Services is governed by the SmartFTP
- Group polices and programs described in the user manual, in online
- documentation, and/or other materials provided by the SmartFTP Group, as they
- may be modified from time to time. Any supplemental SOFTWARE code provided to
- you as part of the Support Services shall be considered part of the SOFTWARE and
- subject to the terms and conditions of this EULA. With respect to technical
- information you provide to SmartFTP Group as part of the Support Services, the
- SmartFTP Group may use such information for its business purposes, including for
- product support and development. The SmartFTP Group will not utilize such
- technical information in a form that personally identifies you.
-
- 7. TERMINATION. Without prejudice to any other rights, the SmartFTP Group may
- terminate this EULA if you fail to comply with the terms and conditions of this
- EULA. In such event, you must destroy all copies of the SOFTWARE.
-
- 8. COPYRIGHT. The SOFTWARE is protected by copyright laws and international
- treaty provisions. You acknowledge that no title to the intellectual property in
- the SOFTWARE is transferred to you. You further acknowledge that title and full
- ownership rights to the SOFTWARE will remain the exclusive property of the
- SmartFTP Group and you will not acquire any rights to the SOFTWARE except as
- expressly set forth in this license. You agree that any copies of the SOFTWARE
- will contain the same proprietary notices which appear on and in the SOFTWARE.
-
- 9. NO WARRANTIES. The SmartFTP Group expressly disclaims any warranty for the
- SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT
- WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
- THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
- NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE
- SOFTWARE REMAINS WITH YOU.
-
- 10. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE SMARTFTP GROUP OR ITS
- SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR
- INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF
- THE SOFTWARE, EVEN IF THE SMARTFTP GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF
- SUCH DAMAGES. IN ANY EVENT, THE SMARTFTP GROUP'S LIABILITY FOR ANY CLAIM,
- WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE
- GREATER OF U.S.$1.00 OR LICENSE FEE PAID BY YOU.
-
- 11. MISCELLANEOUS. Should you have any questions concerning this EULA, or if you
- desire to contact the SmartFTP Group for any reason, please contact by
- electronic mail at: support@smartftp.com.
-
-