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End-User License Agreement
IMPORTANT -- Read these terms carefully before installing this software. By installing or using this software, you acknowledge that you have read this license agreement, that you understand it, and that you agree to be bound by its terms. If you do not agree to the terms and conditions of this license agreement, promptly exit the installer without installing the software. Your installation of the software is a symbol of your signature that you accept the terms of this end user license agreement.
This is not free software. Permission to use or evaluate this software is hereby granted for 30 days starting the first day of use. You may freely and legally use or evaluate this software for 30 days without any obligation. Using this software beyond the above granted period requires purchasing a license. Unregistered use of the software after the 30-day evaluation period is in violation of U.S. and international copyright laws.
1. GENERAL
This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.
2. GRANT OF LICENSE FOR REGISTERED USERS
2.1. SINGLE-SEAT LICENSE
If you purchased a single-seat license of the software with which this license is distributed ("FtpVC"), PrestoSoft LLC grants you a non-exclusive, non-transferable license to install and use the Software, including any documentation files accompanying the Software, on up to three (3) computers, as long as the Software is used only by the individual for whom the license was purchased.
2.2. MULTI-SEAT LICENSE
If you purchased a multi-seat license of the Software, PrestoSoft LLC grants you a non-exclusive, non-transferable license to install and use the Software, including any documentation files accompanying the Software, on up to as many computers as you have seats. For example, if you have five seats of the Software, you can install it on up to five computers. If the Software is installed on a single computer and is accessed through a network, the number of computers in can be used from must not exceed the number of purchased seats.
2.3. GENERAL
In all cases, the license is granted to you only provided that: (i) all copyright notices are maintained on the Software; (ii) the Software and Documentation only for your own personal or internal business use and not in the operation of a service bureau or for the benefit of any other person or entity; and (iii) you agree to be bound by the terms of this License Agreement.
3. OWNERSHIP
You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with PrestoSoft LLC. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement.
4. COPYRIGHT
The Software and Documentation contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by PrestoSoft LLC. You may not remove any proprietary notice of PrestoSoft LLC from any copy of the Software or Documentation.
5. DISTRIBUTION
The Software may be distributed free of charge as the original compressed evaluation release file without any modification. Any modification of this file without prior authorization of the author is a copyright violation. Anyone wishing to charge people a fee for giving them a copy of the Software must have the written authorization of the author, without which, the distributor is guilty of a copyright violation.
6. RESTRICTIONS
You may not publish, display, disclose, rent, lease, modify, loan, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. You may not transmit the Software over any network or between any devices, although you may use the Software to make such transmissions of other materials. You may transfer the Software to other computers you own as long as you only use it on one computer at a time.
7. CONFIDENTIALITY
You acknowledge that the Software contains proprietary trade secrets of PrestoSoft LLC and you hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the terms and conditions of this Software License Agreement to those persons employed by you who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Software for the purpose of deriving the source code of the Software or defeating the Key.
8. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND MANUAL ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS INTO WHICH THIS PROGRAM MAY BE PUT, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE RELYING ON IT. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE PROGRAM.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL PRESTOSOFT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF PRESTOSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PRESTOSOFT'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. EXPORT RESTRICTIONS
THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF THE SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT THE SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT THE SOFTWARE AND DOCUMENTATION WITHOUT CONSENT OF PRESTOSOFT AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.
11. NEW VERSIONS OF THE SOFTWARE
PrestoSoft LLC, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Software. You acknowledge and agree that PrestoSoft LLC has no obligation to make available to you any subsequent versions of the Software. You also agree that you may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the Software. Furthermore, you acknowledge and agree that PrestoSoft LLC, in its sole discretion, may modify or discontinue or suspend your ability to use any version of the Software, and/or disable any PrestoSoft LLC Software you may already have accessed or installed without any notice to you, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where you, at PrestoSoft LLC's discretion, are in breach of this Agreement, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons. PrestoSoft LLC will not accept any liability in relation to the direct or indirect damages caused by (1) the release and/or the absence of release of new versions of the Software and (2) by the suspension or termination of the license or this Agreement by PrestoSoft LLC and/or by you.
12. HIGH-RISK ACTIVITIES
THIS SOFTWARE IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THIS SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
13. GOVERNING LAW
This License Agreement shall be construed, interpreted and governed by the laws of the United States of America without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate court sitting in California, the United States of America.
14. TERMINATION
This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by destroying or returning to PrestoSoft LLC all copies of the Software and Documentation in your possession or under your control. PrestoSoft LLC may terminate this License Agreement for any reason, including, but not limited to, if PrestoSoft LLC finds that you have violated any of the terms of this License Agreement. Upon notification of termination, you agree to destroy or return to PrestoSoft LLC all copies of the Software and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement.
15. ENTIRE AGREEMENT
This is the entire agreement between you and PrestoSoft LLC. It supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.