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End-User License Agreement
CuteFTP® Mac VERSION 3 LICENSE
This Software is licensed, not sold. You may use this Software only as described in this agreement.
If you do not agree to the terms of this agreement, do not install the Software or use any registration number that was provided with the Software. You may contact the Web site or store where you purchased the license for a refund if you have not used the registration number.
1. SOFTWARE. The capitalized term “Software” refers to the object code for the computer program known as CuteFTP Mac Version 3, any updates, supplemental code or programs provided to you by GlobalSCAPE with or in connection with CuteFTP Mac Version 3, the user's manual and Help file, any components, any related media and printed materials, and any related "online" or electronic documentation.
2. GRANT OF LICENSE.
Evaluation License. If you acquired the license for the Software on an evaluation or trial basis, 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.globalscape.com or an authorized sales agent. For so long as the Software is the most current version of CuteFTP Mac distributed by GlobalSCAPE, you may give exact copies of the evaluation Software to anyone. You may not charge any fee for the copy or use of the evaluation Software itself, but you may charge a distribution fee that is reasonably related to any cost you incur distributing the evaluation Software (e.g. packaging). You must not represent in any way that you are selling the Software itself. Your distribution of the evaluation Software will not entitle you to any compensation from GlobalSCAPE. You must distribute a copy of this license with any copy of the Software and anyone to whom you distribute the Software is subject to this license. You may not remove any copyright, trademark or reservation of rights language displayed on, in or with the Software.
Registered License. When you purchase a license, you will be provided with a registration number. You must enable the registered license for the Software by entering the registration number 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 the invoice or sales receipt. 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. If you acquired the Software for a reduced price as an upgrade from a previous version of the Software, you may no longer use the previous version. 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 if the recipient agrees to the terms of this license, you destroy any copy of the Software not transferred to the recipient, and, if the Software was licensed to you at a reduced price as an upgrade from a previous version, you destroy any copy of any previous version that is not transferred to the recipient. If you purchased the Software on a multi-user basis, you may permanently transfer your rights to one person only, but that person may use the Software on that number of computers for which you purchased a license.
3. RESTRICTIONS. You may not reduce the Software to human readable form, reverse engineer, de-compile, disassemble, merge, adapt, or modify 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 not use the Software to perform any unauthorized transfer of information, such as copying or transferring a file in violation of a copyright, or for any illegal purpose.
4. SUPPORT SERVICES. GlobalSCAPE may provide you with support services related to the Software. Use of support services is governed by the user’s manual, online documentation, and other GlobalSCAPE materials, as they may be modified from time to time. GlobalSCAPE may use any information you provide as part of obtaining support services for its business purposes, including product support and development.
5. INFORMATION COLLECTION. The Software includes a feature that assigns a unique number to your computer based on system information. The Software reports this number to us when you enter your registration number. We use this information to detect piracy of the Software. This number is tied to personally identifiable information that we have about you.
6. TERMINATION. This license terminates if you fail to comply with its terms and conditions. If your license terminates, you must destroy all copies of the Software. The termination of this license does not limit GlobalSCAPE’s other rights it may have by law.
7. INTELLECTUAL PROPERTY. You acknowledge that you have only the limited, non-exclusive right to use and copy the Software as expressly stated in this license and that GlobalSCAPE retains title to the Software and all other rights not expressly granted. You agree not to remove or modify any copyright, trademark, patent or other proprietary notices that appear, on, in or with the Software. The Software is protected by United States copyright, patent and trademark laws and international treaty provision.
8. EXPORT RESTRICTIONS. You may not export or re-export the Software in violation of the export laws of the United States, or the applicable laws of any other jurisdiction. Among other things, U.S. laws provide that the Software may not be exported or re-exported to certain countries that are embargoed or restricted or to certain restricted persons. Embargoed and restricted countries currently include Cuba, Iran, Iraq, Libya and Sudan.
9. NO WARRANTIES. To the extent permitted by applicable law, the Software and any support services are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. If applicable law requires a warranty, the required warranty is limited to ninety (90) days from your receipt of a copy of the Software. Computer programs are inherently complex, and the Software may not be free of errors. The Software is provided with all faults and the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
10. LIMITATION OF LIABILITY. GlobalSCAPE is not 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 GlobalSCAPE has been advised of the possibility of such damages. Unless applicable law provides otherwise, GlobalSCAPE’s liability for any claim related to your purchase of a license for or use of the Software, whether in contract, tort, or any other theory of liability will not exceed the greater of U.S. $5.00 or the license fee paid by you.
11. AUDIT. You agree that on GlobalSCAPE’s request you will certify in writing your compliance with the terms of this license, including your use of the Software and Service only on or in connection with the number of computers/servers licensed.
12. U.S. GOVERNMENT. The Software is commercial computer software developed solely at private expense. The rights of civilian and non-civilian agencies of the U.S. Government to use, disclose and reproduce the Software are governed by the terms of this License. Publisher is GlobalSCAPE, 4500 Lockhill-Selma Rd., Suite 150, San Antonio, Texas, 78249, USA.
13. MISCELLANEOUS. The laws of the State of Texas, excluding its conflicts laws, shall govern this agreement the rights and obligations of the parties hereto, the entire relationship between the parties hereto, and all matters arising out of or relating to this agreement. GlobalSCAPE may seek injunctive relief in court to prevent imminent harm. This agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods. You agree that this agreement shall be fully performable in Bexar County, Texas and submit to the non-exclusive jurisdiction of, and agree that venue is proper in, state or federal courts in Bexar County, Texas in any legal action or proceeding relating to this agreement. This agreement constitutes the complete and exclusive agreement between us, notwithstanding any provision in any purchase order or other written document, except for: (i) the definition of any evaluation period, limited license term, and fees and terms for maintenance or support services or additional software components that may appear on the applicable invoice or sales receipt as issued by GlobalSCAPE or the fees set forth on the GlobalSCAPE Web site, and (ii) the statement of the number of separate computers or concurrent users for which you have paid a license fee as described in Section 2, above. In the case of a conflict between this agreement and the invoice or sales receipt and any fees set forth on the GlobalSCAPE Website, the invoice shall control. This agreement may only be modified by a written document signed by GlobalSCAPE. No GlobalSCAPE dealer or distributor is authorized to change the terms of this agreement. If any portion hereof is found to be void or unenforceable, then such provision shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect. Failure to exercise or delay in the exercise of any right or remedy under this agreement shall not operate as a waiver thereof. If you are located outside the United States, then the following provision applies: Les parties aux présentes confirment leur intention que cette convention ainsi que tous les documents afférents soient redigés dans la langue anglaise. (Translation: "The parties confirm that this agreement and all related documentation is and will be in the English language.")
Should you have any questions concerning this license, or if you desire to contact GlobalSCAPE for any reason, please contact GlobalSCAPE by mail at: 4500 Lockhill-Selma Rd., Suite 150, San Antonio,Texas, 78249, USA, by telephone at: (210) 308-8267, or by electronic mail at: http://support.globalscape.com.