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1. PARTIES TO
LICENSE
This License governs the use of FTP Guard Professional Edition,
referred to in this License as the "Software". In this
License, FTPGuard.com is referred to as "we" (or derivations thereof) and
the party authorized to use all or any part of the Software is
referred to as "you" (or derivations thereof).
2. LICENSE TO USE
SOFTWARE
Your use of the Software or your installation of
the Software on any of your computers signifies your acceptance of
the terms of this License. Your right to continue to use the
Software is subject to your full compliance with all the provisions
of this License.
We grant to you a personal and non-exclusive
license to use those parts of the Software for which you have paid
all applicable fees. Only you and your employees may use the
Software.
This License permits you to install only one
instance of the Software on a single computer.
You may make a single copy of the Software solely
for the purpose of back-up.
You agree (a) the Software is a valuable asset of
ours and is supplied to you on a restricted and confidential basis;
(b) the Software will be kept secret and confidential by you at all
times unless specifically authorized by us; (c) all copyright in the
Software is retained and title to the copy of the Software which is
delivered to you and to any copies, reproductions, adaptations,
enhancements or translations made of the Software and interfaces
with the Software is also retained by us and to the extent necessary
you hereby assign intellectual property rights in same to us; (d) at all
times to take reasonable steps to protect the Software from
unauthorized access and use; (e) to give notice of any infringement
of copyright or any of our rights which comes to your attention; and
(f) before disposing of any media, to ensure any of the Software
contained on it has been erased or destroyed.
You must not sell, transfer, assign, sublicense, rent or
otherwise deal with any of the rights granted under this License.
You may not modify, alter, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software.
If you upgrade the Software to a higher version, this License is terminated and your rights shall be
limited to the License associated with the higher version.
This License will automatically terminate if you fail to comply with any of the terms and conditions hereof. In such event, you must destroy all copies of the Software and all of its component parts.
3. EXCLUSION OF WARRANTIES
AND LIABILITY
THE SOFTWARE IS PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE NEITHER MAKE ANY WARRANTY
NOR APPROVE THE MAKING OF ANY REPRESENTATION THAT THE SOFTWARE WILL
MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT ANY SOFTWARE DEFECTS ARE CORRECTABLE OR WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR ENSURING THAT
THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS.
If circumstances arise where you are entitled to
claim damages from us (or any other party involved in the
development or maintenance of the Software) notwithstanding the
other provisions of this License, our liability (and the liability
of any other party involved in the development or maintenance of the
Software) to you for the aggregate of all such claims (regardless of
the basis on which you are entitled to claim from us including,
without limitation, negligence) is limited to the lesser of
(a)
the amount of any actual loss or damage which you sustain; (b) the
amount of the license fees paid by you with respect to the relevant
part of the Software; and (c) our cost of replacing or repairing any
defective Software. We are not liable for losses or damages of third
parties claimed against you howsoever arising. In no event will we
be liable for lost profits, lost savings or any other incidental or
consequential damages even if we have been advised of the
possibility of such damages.
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