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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
-
- "Licensed version" means a version of SmartFTP that has
- been licensed for use in a company or in an organization.
- 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 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 for commercial use.
-
- "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 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.
-
- "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
- For commercial use you 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 registration
- key. You should enable the registered license for the Software by
- entering the registration key as prompted by the Software. You may
- use the registered Software on that number of computers for which you have
- purchased a separate license as indicated on our invoice. If the Software
- is installed on a network server or other storage device, you must purchase a
- license for each separate computer on which the Software is used. A license
- for the Software may not be shared by alternating use of the Software between
- different computers. The primary user of a computer for which a license has
- been purchased may 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 computer USAGE license. The user purchases ONE license
- to USE the SmartFTP on ONE computer.
-
- b. A Multiple USAGE license. The user purchases a number of USAGE
- licenses for use, by the purchaser, the purchaser's employees or
- accredited agents, on the same number of computers.
-
- c. A SITE USAGE license. The user purchases a single USAGE license,
- authorising 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 USAGE license. The user
- purchases a single USAGE license, authorising 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
- 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.
-
-