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SmartFTP License Agreement
SMARTFTP END-USER LICENSE AGREEMENT
AGREEMENT VERSION 1.0
IMPORTANT-READ CAREFULLY: This SmartFTP End-User License Agreement ("EULA") is a
legal agreement between you (either an individual or a single entity) and
SmartSoft Ltd. 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
SmartSoft Ltd..
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, one copy of the Software can be
made 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 2 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 or the purchaser's employees.
The license can be used by the number of users the license was issued to.
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 SmartSoft Ltd.. 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. SmartSoft Ltd. may provide you with support services
related to the SOFTWARE. Use of Support Services is governed by SmartSoft
Ltd. polices and programs described in the user manual, in online
documentation, and/or other materials provided by SmartSoft Ltd., 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 SmartSoft Ltd. as part of the Support Services,
SmartSoft Ltd. may use such information for its business purposes, including for
product support and development. SmartSoft Ltd. will not utilize such
technical information in a form that personally identifies you.
7. TERMINATION. Without prejudice to any other rights, SmartSoft Ltd. 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
SmartSoft Ltd. 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. SmartSoft Ltd. 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 SMARTSOFT LTD. 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 SMARTSOFT LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN ANY EVENT, SMARTSOFT LTD.'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 SmartSoft Ltd. 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 products from SmartSoft Ltd., 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 products from SmartSoft Ltd. 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:
Product 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.