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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. DEFINITIONS
-
- "non-commercial entity" is defined as any individual, educational institution,
- charity or humanitarian organization.
-
- "commercial entity" is defined as any corporation registered or otherwise that
- derives or attempts to derive substantial commercial and monetary gain and
- benefit from its efforts and endeavors. This includes all Government and
- Military entities.
-
- "personal use" means the non-commercial use of SmartFTP in your
- own home, with your own personal computer by you, your family or
- by your close friends. The computer you use SmartFTP in must be
- owned by you or by a member of your family, you are not allowed
- to use an unlicensed version (after the evaluation period) of SmartFTP
- in a computer owned by the company you work for.
-
- "educational use" means the use of SmartFTP for educational purposes
- in a non-commercial institution.
-
- "Licensed version" means a version of SmartFTP that has been licensed
- for use by a "commercial or non-commercial entity".
- Licensed version is not free and you are not allowed to distribute it
- in any ways.
-
- "Unlicensed version" means the free version of SmartFTP that can only
- be used by a non-commercial entity for personal, educational and
- non-commercial use. The one and only exception is during the evaluation
- period in which the Software may also be used by a commercial entity.
-
- "license" means the license you own. If you haven't bought a license
- (i.e. the licensed version) you are bound by the restrictions of the
- unlicensed version.
-
- "license agreement" means this document. This license agreement is a
- legal agreement between you (individual or a legal entity) and
- the SmartFTP Group.
-
- 2. The SOFTWARE is licensed, not sold.
-
- 3. GRANT OF LICENSE.
-
- 1. Unlicensed version
- Allows you to use SmartFTP in an unlimited amount of computers.
-
- Evaluation
- A commercial entity may use the Software without charge for thirty (30)
- days from the day that you install the Software. You must pay the license
- fee and register your copy to continue to use the Software after the
- thirty (30) day evaluation period. To pay the license fee and register
- your copy, you should visit www.smartftp.com or an authorized sales agent.
-
- 2. Licensed version
- When you purchase a license you will be provided with a license key.
- You should enter the license key as prompted by the Software. The licensed
- Software may be used by the number of users indicated in your license
- key and on our invoice. If the Software is installed on a terminal/network
- server or other storage device, you must purchase a license for each user
- who use the Software. A license for the Software may not be shared by
- alternating use of the Software between different users.
-
- For each user a license has been purchased can make and use one copy of the
- Software on his or her portable computer. You may also make one copy of the
- Software for back-up or archival purposes. Otherwise, you may not copy the
- Software in whole or in part.
-
- You may permanently transfer all of your rights under this license provided
- you transfer all copies of the Software and the recipient agrees to the terms
- of this license.
-
- There are 4 basic types of licenses issued for SmartFTP, these are:
-
- a. A SINGLE user license. The user purchases a single license for the
- use of SmartFTP by a single user.
-
- b. A MULTIPLE user license. The user purchases a single license for
- the use of SmartFTP, by the purchaser, the purchaser's employees
- or accredited agents. The license can be used by the number of
- users the license was issued to.
-
- c. A SITE license. The user purchases a single license, authorizing
- the use of SmartFTP, by the purchaser, the purchaser's employees
- or accredited agents, on an unlimited number of computers at the
- same physical SITE location. This SITE location would normally be
- defined as a single building, but could be considered to be a number
- of buildings within the same, general, geographical location, such
- as an industrial estate or small town.
-
- d. A CORPORATE, NATIONAL or INTERNATIONAL license. The user purchases
- a single license, authorizing the use of SmartFTP, by the purchaser,
- the purchaser's employees or accredited agents, on an unlimited
- number of computers, regardless of location, but owned or under the
- control of the purchaser.
-
-
- 4. 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.
-
- 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
- NON INFRINGEMENT. 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.
-
-
- SmartFTP Privacy Policy
-
- WEB SITE/FORUMS
- When you browse our web site, download our software, or participate in our online
- forums, your ip address, the time and duration of your visit, the web browser
- you are using, and the pages you view are logged. This information is used to
- compile statistical reports about how you use our web site and ultimately used to
- improve your browsing experience. If you choose to register for our forums, a
- valid email address is required, but all other information is optional. Our
- forums are moderated, and we reserve the right to remove any post we deem
- inappropriate, and any user account being used inappropriately. The purpose of
- our web site and forums is to provide the best support possible to our valued
- customers.
-
- SOFTWARE
-
- LICENSED VERSION
- If you choose to license SmartFTP, some personal information is required to
- complete the purchase. Information such as your name/company, address, email
- address and billing information like your credit card number is collected.
- All methods of purchase are ssl encrypted and detailed information can be
- obtained from the web site at time of purchase. Your personal information
- is securely stored, and is never given out to anyone, or used by us for
- anything other than a purchase record.
-
- SMARTUPDATE
- SmartUpdate is a special feature of SmartFTP. It detects new versions and allows
- for a convenient method to update the SmartFTP software. When SmartUpdate
- connects to our servers the following information is transmitted:
- SmartFTP version, OS version, unique user id, first time start, license key id.
-
- FRAUD/PIRACY
- We aim to keep your information safe. Credit card fraud, identity theft and
- software piracy will not be tolerated. We may release any information necessary
- to comply with the law, protect our software licenses, and foremost to protect
- our valued customers. We will also work with law enforcement and fraud/credit
- agencies to ensure the safety of your information.
-