SmartFTP License Agreement SMARTFTP END-USER LICENSE AGREEMENT 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. THIS SOFTWARE IS LICENSED, NOT SOLD. YOU MAY USE THIS SOFTWARE ONLY AS DESCRIBED IN THIS AGREEMENT. 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 the evaluation period. Your evaluation period begins on the day you install the SOFTWARE. You must pay the license fee and register your copy to continue to use the SOFTWARE after the evaluation period. To pay the license fee and register your copy, you should visit www.smartftp.com or an authorized sales agent. For so long as the SOFTWARE is the most current version of SmartFTP distributed by SmartSoft Ltd., 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 SmartSoft Ltd. 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 serial. You must enable the registered license for the SOFTWARE by activating the SOFTWARE with the provided serial. The term of the license is perpetual unless you purchased a limited term license. The SOFTWARE is licensed on a per-user basis. You must purchase a license for each user which accesses or uses the SOFTWARE. A license for the SOFTWARE may not be shared by alternating use of the SOFTWARE between different users. 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 license is non-transferable. 3. DISTRIBUTION. You are prohibited to distribute the SOFTWARE electronically or otherwise to anyone without prior permission. You may make a reasonable number of backup copies of the SOFTWARE. 4. 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 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. SECURITY. You agree that SmartSoft Ltd. is not liable to you for security breaches resulting from your use of the SOFTWARE. The security of the SOFTWARE depends primarily on you selecting a secure password and keeping it confidential. You should not select a password that may be easily discovered by others. 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.