SmartFTP 3.0.1014.7

SmartFTP License Agreement

SMARTFTP END-USER LICENSE AGREEMENT

AGREEMENT VERSION 1.0

IMPORTANT-READ CAREFULLY: This SmartFTP End-User License Agreement ("EULA") is a

legal agreement between you (either an individual or a single entity) and

SmartSoft Ltd. for the SOFTWARE(s) identified above, which includes the User's

Guide, any associated SOFTWARE components, any media, any printed materials

SmartFTP License Agreement

SMARTFTP END-USER LICENSE AGREEMENT

AGREEMENT VERSION 1.0

IMPORTANT-READ CAREFULLY: This SmartFTP End-User License Agreement ("EULA") is a

legal agreement between you (either an individual or a single entity) and

SmartSoft Ltd. 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

"non-commercial entity" is defined as any individual, educational institution,

charity or humanitarian organization.

"commercial entity" is defined as any corporation registered or otherwise that

derives or attempts to derive substantial commercial and monetary gain and

benefit from its efforts and endeavors. This includes all Government and

Military entities.

"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 (after the evaluation period) 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.

"Licensed version" means a version of SmartFTP that has been licensed

for use by a "commercial or non-commercial entity".

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 by a non-commercial entity 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 by a commercial entity.

"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

SmartSoft Ltd..

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

A commercial entity 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 license key.

You should enter the license key as prompted by the Software. The licensed

Software may be used by the number of users indicated in your license

key and on our invoice. If the Software is installed on a terminal/network

server or other storage device, you must purchase a license for each user

who use the Software. A license for the Software may not be shared by

alternating use of the Software between different users.

For each user a license has been purchased, one copy of the Software can be

made 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 2 basic types of licenses issued for SmartFTP, these are:

a. A SINGLE user license. The user purchases a single license for the

use of SmartFTP by a single user.

b. A MULTIPLE user license. The user purchases a single license for

the use of SmartFTP, by the purchaser or the purchaser's employees.

The license can be used by the number of users the license was issued to.

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 SmartSoft Ltd.. 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. SmartSoft Ltd. may provide you with support services

related to the SOFTWARE. Use of Support Services is governed by SmartSoft

Ltd. polices and programs described in the user manual, in online

documentation, and/or other materials provided by SmartSoft Ltd., 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 SmartSoft Ltd. as part of the Support Services,

SmartSoft Ltd. may use such information for its business purposes, including for

product support and development. SmartSoft Ltd. will not utilize such

technical information in a form that personally identifies you.

7. TERMINATION. Without prejudice to any other rights, SmartSoft Ltd. 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

SmartSoft Ltd. 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. SmartSoft Ltd. 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

NON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE

SOFTWARE REMAINS WITH YOU.

10. LIMITATION OF LIABILITY. IN NO EVENT SHALL SMARTSOFT LTD. 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 SMARTSOFT LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES. IN ANY EVENT, SMARTSOFT LTD.'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 SmartSoft Ltd. for any reason, please contact by

electronic mail at: support@smartftp.com.

SmartFTP Privacy Policy

WEB SITE/FORUMS

When you browse our web site, download our software, or participate in our online

forums, your ip address, the time and duration of your visit, the web browser

you are using, and the pages you view are logged. This information is used to

compile statistical reports about how you use our web site and ultimately used to

improve your browsing experience. If you choose to register for our forums, a

valid email address is required, but all other information is optional. Our

forums are moderated, and we reserve the right to remove any post we deem

inappropriate, and any user account being used inappropriately. The purpose of

our web site and forums is to provide the best support possible to our valued

customers.

SOFTWARE

LICENSED VERSION

If you choose to license products from SmartSoft Ltd., some personal information is

required to complete the purchase. Information such as your name/company, address,

email address and billing information like your credit card number is collected.

All methods of purchase are ssl encrypted and detailed information can be

obtained from the web site at time of purchase. Your personal information

is securely stored, and is never given out to anyone, or used by us for

anything other than a purchase record.

SMARTUPDATE

SmartUpdate is a special feature of products from SmartSoft Ltd. It detects new versions

and allows for a convenient method to update the SmartFTP software. When

SmartUpdate connects to our servers the following information is transmitted:

Product version, OS version, unique user id, first time start, license key id.

FRAUD/PIRACY

We aim to keep your information safe. Credit card fraud, identity theft and

software piracy will not be tolerated. We may release any information necessary

to comply with the law, protect our software licenses, and foremost to protect

our valued customers. We will also work with law enforcement and fraud/credit

agencies to ensure the safety of your information.