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License
Information Copyright © 1992-1998 Ipswitch, Inc. All rights reserved.
WS_FTP LE is licensed for non-business use only.
WS_FTP
Limited Edition is free to certain academic, U.S. government and non-business
home users as defined below in the WS_FTP Limited Edition End User License
Agreement. All other users must purchase a license to WS_FTP Pro, the
advanced commercial version.
To learn more about Ipswitch’s free WS_FTP distribution program, visit
http://www.ipswitch.com or send email to info@ipswitch.com.
Ipswitch grants you a non-exclusive license to use the Software free of
charge if
a) you are a student, faculty member or staff member of an educational
institution (K-12, junior college, college or university);
b) you are a United States federal, state or local government employee;
or
c) your use of the Software is exclusively at home for non-business purposes.
Government contractors are not considered government employees for the
purposes of this Agreement. If you do not meet the requirements for free
use of the Software, you evaluate or purchase a license to WS_FTP Pro,
a commercial version of this product. If you are using the Software free
of charge under the terms of this Agreement, you are not entitled to hard-copy
documentation, support or telephone assistance.
DISCLAIMER
OF WARRANTY. Free of charge Software is provided on an "AS IS" basis,
without warranty of any kind, including without limitation the warranties
of merchantability, fitness for a particular purpose and non-infringement.
The entire risk as to the quality and performance of the Software is borne
by you. Should the Software prove defective, you and not Ipswitch assume
the entire cost of any service and repair. In addition, the security mechanisms
implemented by Ipswitch software have inherent limitations, and you must
determine that the Software sufficiently meets your requirements. This
disclaimer of warranty constitutes an essential part of the agreement.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO
THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS
THAT VARY BY JURISDICTION. SCOPE OF GRANT. You may: · use the Software
on one or more computers; · use the Software on a network, provided that
each person accessing the Software through the network must have a copy
licensed to that person · copy the Software for archival purposes, provided
any copy must contain all of the original Software's proprietary notices.
You may not: · permit other individuals to use the Software except under
the terms listed above; · modify, translate, reverse engineer, decompile,
disassemble (except to the extent applicable laws specifically prohibit
such restriction), or create derivative works based on the Software; ·
rent, lease, grant a security interest in, or otherwise transfer rights
to the Software; or · remove any proprietary notices or labels on the
Software.
TITLE. Title, ownership rights, and intellectual property rights in the
Software shall remain in Ipswitch and/or its suppliers. The Software is
protected by copyright laws and treaties. Title and related rights in
the content accessed through the Software is the property of the applicable
content owner and may be protected by applicable law. This License gives
you no rights to such content.
TERMINATION. The license will terminate automatically if you fail to comply
with the limitations described herein. On termination, you must destroy
all copies of the Software.
EXPORT CONTROLS. None of the Software or underlying information or technology
may be downloaded or otherwise exported or reexported (i) into (or to
a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea,
Iran, Syria or any other country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department’s list of Specially
Designated Nationals or the U.S. Commerce Department’s Table of Denial
Orders. By downloading or using the Software, you are agreeing to the
foregoing and you are representing and warranting that you are not located
in, under the control of, or a national or resident of any such country
or on any such list.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
TORT, CONTRACT, OR OTHERWISE, SHALL IPSWITCH OR ITS SUPPLIERS OR RESELLERS
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL IPSWITCH
BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT IPSWITCH RECEIVED FROM
YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF IPSWITCH SHALL HAVE BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION
MAY NOT APPLY TO YOU. HIGH RISK ACTIVITIES.
The Software is not fault-tolerant and is not designed, manufactured or
intended for use or resale as on-line 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 the
Software could lead directly to death, personal injury, or severe physical
or environmental damage ("High Risk Activities"). Ipswitch and its suppliers
specifically disclaim any express or implied warranty of fitness for High
Risk Activities. MISCELLANEOUS.
This Agreement represents the complete agreement concerning this license
and may amended only by a writing executed by both parties. If any provision
of this Agreement is held to be unenforceable, such provision shall be
reformed only to the extent necessary to make it enforceable.
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts.
The application the United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded. U.S. GOVERNMENT RESTRICTED RIGHTS.
Use, duplication or disclosure by the Government is subject to restrictions
set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted
Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013, or at 252.211-7015, and in similar clauses
in the NASA FAR Supplement.
Contractor/manufacturer is Ipswitch, Inc., 81 Hartwell Ave., Lexington,
MA 02421.
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