The DesktopFtp software and the information it provides are protected by the U.S. copyright laws and international treaty provisions, and your rights to use them are limited by the terms and conditions of the scrollable License Agreement below. The permission of Computer Dynamics to install the DesktopFtp software and obtain the information is expressly conditioned upon your reading, understanding, and agreeing to the License Agreement below IN ITS ENTIRETY before installation.
If you do not agree to this Agreement, you are not an authorized user of the software, and it is your responsibility to remove DesktopFtp from your system.
This DesktopFtp License Agreement ("Agreement") for DesktopFtp software and related documentation ("DesktopFtp") and news, information and other content that Computer Dynamics generally makes available through DesktopFtp ("Information") is your proof of license. An electronic copy of this Agreement will also be provided to you upon installation of DesktopFtp.
1. GRANT AND TERM OF LICENSE. Subject to your compliance with the terms of this Agreement, Computer Dynamics of Denton, TX. ("Computer Dynamics") grants to you a personal, nonexclusive, nontransferable, and royalty-free right to install and use DesktopFtp, and receive the Information solely for your lawful personal use.
Your use of DesktopFtp is limited to the following:
a) One registered copy of DesktopFtp may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used non-simultaneously by multiple people, but not both.
b) You may access the registered version of DesktopFtp through a network, provided that you have obtained individual licenses for the software covering all workstations that will access the software through the network. For instance, if 8 different workstations will access DesktopFtp on the network, each workstation must have its own DesktopFtp license, regardless of whether they use DesktopFtp at different times or concurrently.
c) Obtain a site license for DesktopFtp ( not included in this license agreement ) that will allow you make multiple copies for your own internal organizational use.
The right to use DesktopFtp and receive the Information is not transferable. This Agreement and the license granted in it shall continue until Computer Dynamics announces its termination, and will terminate automatically if you fail to comply with the limitations described in this Agreement. Upon any termination, or if you should give up your personal use and control of the computers on which DesktopFtp is installed, you agree to destroy all copies of DesktopFtp and the Information and any related materials in any form.
2. COPYRIGHT. (a) PRODUCTS. DesktopFtp is owned by Computer Dynamics or its licensors and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat DesktopFtp like any other copyrighted material (e.g. a book or musical recording) except that you may make one copy of DesktopFtp solely for backup purposes which includes all copyright and trademark notices. You are not permitted to copy DesktopFtp for archival purposes. (b) INFORMATION. The Information is also protected by copyright and other intellectual property laws. All rights (including but not limited to copyright), title and interest in the Information are reserved to and owned by the respective organizations which have provided it or their licensors (the "Information Providers").
3. OTHER RIGHTS. You may not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on DesktopFtp, or remove any proprietary notices or labels it contains or permit other parties to do so. All applicable rights to patents, copyrights, trademarks and trade secrets in DesktopFtp or any modifications to it shall be and remain in Computer Dynamics or its licensors.
4. OTHER OBLIGATIONS AND RESTRICTIONS. You are responsible for obtaining and maintaining at your own expense all telephone or other communications links, computer hardware and other equipment or facilities needed for access to and use of DesktopFtp and the Information. The Information may be stored, manipulated, analyzed, displayed, reformatted and printed for your personal, non-commercial use only; you agree not to use the Information in or in connection with any business or commercial enterprise, including without limitation any securities, investment, accounting, banking, legal or media business or enterprise. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the Information in any form to anyone, including but not limited to others in the same company or organization or to news groups, mail lists or electronic bulletin boards, without the express prior written consent of the relevant Information Provider. You agree not to alter or modify the Information, and that you will not store or retain it for a period of more than 30 days from its receipt.
5. NO WARRANTIES OR LIABILITIES. (a) PRODUCTS. You expressly acknowledge and agree that use of DesktopFtp is AT YOUR OWN RISK and that DesktopFtp is provided "AS IS" without any warranties or conditions whatsoever. (b) INFORMATION. The information is also provided to you "AS IS" without any warranties or conditions whatsoever. Due to the number of sources from which the Information is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in the Information and you assume all such risks. (c) COMPUTER DYNAMICS, THE INFORMATION PROVIDERS OR ITS RESPECTIVE AFFILIATES, AGENTS, LICENSEES AND LICENSORS: (i) HEREBY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OF THE INFORMATION, DESKTOPFTP, ANY COMBINATION OF THE TWO, OR THAT THE OPERATION OF DESKTOPFTP OR THE INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE; (ii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, ERROR OROMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR PART BY, OR FAILURES, DELAYS OR INTERRUPTIONS OF, THE INFORMATION OR DESKTOPFTP PROVIDED BY ANY COMBINATION OF THE FOREGOING; (iii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR TRADING LOSSES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE DESKTOPFTP OR THE INFORMATION OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ONINFORMATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (d) THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF DESKTOPFTP AND THE INFORMATION IS WITH YOU AND SHOULD EITHER PROVE DEFECTIVE, YOU (AND NOT COMPUTER DYNAMICS, THE INFORMATION PROVIDERS OR THEIR RESPECTIVE AFFILIATES, AGENTS, LICENSEES AND LICENSORS) ASSUME THE ENTIRE COSTS OF SERVICING, REPAIR OR CORRECTION OF SUCH DEFECTS. (e) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
(f) The Information may include facts, views, opinions and recommendations of individuals and organizations deemed of interest. Neither Computer Dynamics nor the Information Providers guarantees or shall be liable on account of the accuracy, defamatory nature, completeness or timeliness of, nor do they otherwise endorse, these views, opinions or recommendations, nor do Computer Dynamics or the Information Providers or any of them give investment advice, or advocate the purchase or sale of any security or investment nor do they advocate, permit, endorse or assume any editorial or other responsibility for any content which may be considered obscene, an invasion of privacy, a misappropriation or misuse of information or material of others or any infringement of any copyrighted materials. DesktopFtp is not specifically developed or licensed for use in any nuclear, aviation, mass transit, life support, medical or any other inherently dangerous applications, or commercial applications.
6. U.S. GOVERNMENT RIGHTS. If you are acquiring DesktopFtp (including the related documentation) on behalf of any part of the United States Government, the following provisions apply. DesktopFtp is deemed to be "commercial software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of DesktopFtp (including the related documentation) by the U.S. Government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.
7. CHANGED TERMS Computer Dynamics shall have the right at any time to change the terms of this Agreement or require new terms and to change, impose conditions on or discontinue any aspect or feature of DesktopFtp. Such changes shall be effective immediately upon notification by any means which give you actual knowledge of them or upon posting of such terms on DesktopFtp, and any use by you of DesktopFtp and receipt of the Information after such notice shall be deemed acceptance of them by you.
8. GENERAL This Agreement will governed by the laws of the State of Texas, without reference to conflict of laws principles. This Agreement is the entire agreement between Computer Dynamics and you and supersedes any other communications or advertising with respect to DesktopFtp or the Information. If any provision of this Agreement is held unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.. The Information Providers are third party beneficiaries of all of the terms above, and are relying on them. Any item or service furnished by Computer Dynamics, the Information Providers or its or their respective affiliates, agents, licensees and licensors in furtherance of this Agreement, although not specifically identified in it, shall nevertheless be covered by this Agreement unless specifically covered by some other written or electronic agreement accepted by you and an authorized representative of Computer Dynamics or such other party as the case may be. You agree to comply with all U.S., foreign and local laws and regulations which apply to your use of DesktopFtp and the Information including without limitation, export control laws and regulations.
***** END OF COMPUTER DYNAMICS DESKTOPFTP LICENSE AGREEMENT *****
