GLOBALSCAPE Texas, LP CuteFTP Pro (r) 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 Pro Version 3, any updates, supplemental code or programs provided to you by GlobalSCAPE with or in connection with CuteFTP Pro 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. You must enable the license for the Software by entering the registration number as prompted by the Software. The term of the license is perpetual unless you purchased a limited term license. You may use the Software on that number of computers for which you have purchased a separate license as indicated on the invoice or sales receipt. 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. Unless you purchased a limited term license, 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. Limited term licenses are not transferable.
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 either when you install the Software or enter your registration number, or both. The Software may also identify and report to us your Windows language identifier setting, IP address, and the date and time of installation and/or registration. We use this information to count the number of installations, detect piracy of the Software, and develop rough statistical data regarding the geographic location of our users. If you register our Software, we tie this information to the 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. THE SOFTWARE CONTAINS ENCRYPTION TECHNOLOGY THAT IS CONTROLLED FOR EXPORT BY THE U.S.
GOVERNMENT UNDER THE EXPORT ADMINISTRATION ACT. IN ADDITION TO OTHER RESTRICTIONS DESCRIBED IN THIS SECTION, YOU MAY NOT USE THE SOFTWARE, OR EXPORT THE SOFTWARE TO ANY DESTINATION WHERE YOU KNOW OR HAVE REASON TO KNOW THAT THE SOFTWARE MAY BE USED, IN CONNECTION WITH THE PROLIFERATION OF NUCLEAR, CHEMICAL OR BIOLOGICAL WEAPONS OR MISSILES.
9. NO WARRANTIES AND RELEASE. 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. 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 Texas, LP, 6000 Northwest Parkway, Suite 100, San Antonio, Texas, 78249, USA.
12. MISCELLANEOUS. This license is governed by the laws of the State of Texas, U.S.A. This license is not governed by the United Nations Convention of Contracts for the International Sale of Goods. You agree to submit to the jurisdiction of courts sitting in the State of Texas for all purposes. Sole and exclusive venue for any dispute arising
under or relating to this agreement shall be in a court sitting in Bexar County, San Antonio, Texas. This license constitutes the complete and exclusive agreement between us, notwithstanding any provision in any purchase order or other written document, except for our statement of the number of separate license fees for which you have paid as described in Section 2, above. This license may only be modified by a written document signed by GlobalSCAPE. No GlobalSCAPE dealer or distributor is authorized to change the terms of this license. If any provision of this license is held to be unenforceable, the remainder of the license shall not be affected, and the unenforceable provision shall be reformed to the extent necessary to make the provision enforceable. If you are located outside the United States, then the following provision applies: Les parties aux présentés conferment leur volonté que cette convention de même que tous les documents y compris tout avis qui SHY rattaché, soient redigés en 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: 6000 Northwest Parkway, Suite 100, San Antonio,Texas, 78249, USA, by telephone at: (210) 308-8267, or by electronic mail at: http://support.globalscape.com.
lSCAPE. No GlobalSCAPE dealer or distributor is authorized to change the terms of this license. If any provisio