SmartFTP FTP Library SOFTWARE LICENSE AGREEMENT
This is a legal agreement between you (either an individual or an entity)
and SmartSoft Ltd. ("SmartSoft"). By installing the enclosed
software, you are agreeing to be bound by the terms of this Agreement. If
you do not agree to the terms of this Agreement, promptly return the
software and the accompanying items to the place you obtained them for a
full refund. If you need to return the software, you must prepay shipping
and either insure the package or assume all risk of loss or damage in
SmartFTP FTP Library LICENSE
1. GRANT OF LICENSE TO USE. The SmartSoft Ltd. product that accompanies this
license is referred to herein as "SOFTWARE." SmartSoft Ltd. ("SmartSoft")
grants to you as an individual, a personal, non-exclusive license to
make and use the SOFTWARE for the sole purpose of designing, developing,
and testing your software product(s). SmartSoft grants to
you the limited right to use only one copy of the Software on a single
computer in the manner set forth in this agreement. If you are an entity,
SmartSoft grants you the right to designate one individual within your
organization to have the right to use the SOFTWARE in the manner provided
above. SmartSoft reserves all rights not expressly granted.
2. UPDATES. Upon receipt of future updates of the SOFTWARE
(including without limitation the Redistributable Code)(an "UPDATE"),
you may use or transfer the UPDATE only in conjunction with your
then-existing SOFTWARE. The SOFTWARE and all UPDATES (including bug fixes
and error corrections) shall be provided by SmartSoft To you and are licensed as
a single product, and the UPDATES may not be separated from the SOFTWARE
for use by more than one user at any time.
3. COPYRIGHT. The SOFTWARE is owned by SmartSoft or its suppliers
and is protected by copyright laws and international treaty provisions.
Therefore, you must treat the SOFTWARE like any other copyrighted material
(e.g., a book or musical recording). You may not use or copy the SOFTWARE
or any accompanying written materials for any purposes other than what
is described in this Agreement.
SmartSoft warrants that SmartSoft is the sole owner of all patents,
copyrights or other applicable intellectual property rights in and
to the SOFTWARE unless otherwise indicated in the documentation
for the SOFTWARE. SmartSoft shall defend, indemnify, and hold Licensee harmless
from any third party claims, including reasonable attorneys' fees, alleging
that Software (including without limitation Sample Code) licensed hereunder
infringes or misappropriates third party intellectual property rights.
4. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may
transfer the SOFTWARE and accompanying written materials on a permanent
basis, provided you retain no copies and the recipient agrees to the terms
of this Agreement. You may not reverse-engineer, decompile, or disassemble
the SOFTWARE except to the extent such foregoing restriction is expressly
prohibited by applicable law.
5. REDISTRIBUTABLE CODE. Portions of the SOFTWARE (specifically the run time
modules in binary form) are designated as "Redistributable Code", subject
to the Distribution Requirements described below.
6. SAMPLE CODE. SmartSoft grants you the right to use and modify
the source code version of the included Sample Code for the sole purpose of
designing, developing, testing and supporting your software products. You may also
reproduce and distribute the Sample Code in object code form along with
any modifications you make to the Sample Code, provided that you comply
with the Distribution Requirements described below. For purposes of this section,
"modifications" shall mean enhancements to the functionality of the Sample Code.
7. SOURCE CODE. If you have purchased the SOFTWARE source code, you may
not re-distribute the source code, nor may you copy it into your own projects.
SmartSoft retains the copyright to the SOFTWARE source code. You have no
right to change or use source code for 3rd party components or applications.
Source code is provided only for your storage and protection. This agreement
allows you to obtain access to fix and update the software's source code
under special circumstances, such as to provide support to your end user
customers to whom you have distributed Redistributable Code in conformance
with Section 8 below, or if the SmartSoft goes out of business.
8. DISTRIBUTION REQUIREMENTS. Notwithstanding section 4 above, you are authorized
to redistribute the Sample Code and/or Redistributable Code, (collectively "REDISTRIBUTABLE
COMPONENTS") as described in Sections 5 and 6, only if you
(a) distribute them in conjunction with and as part of your software product
that adds primary and significant functionality to the REDISTRIBUTABLE
(b) do not permit further redistribution of the
REDISTRIBUTABLE COMPONENTS by your end-user customers ;
(c) do not use SmartSoft's name, logo, or trademarks to market
your software application product ;
(d) include a valid copyright notice on your software product ; and
(e) agree to indemnify, hold harmless, and defend SmartSoft from
and against any third party claims or lawsuits, including reasonable attorney's fees,
to the extent arising or resulting from your material breach of your obligations under this agreement.
SmartSoft reserves all rights not expressly granted.
The license in this section to distribute
REDISTRIBUTABLE COMPONENTS is royalty-free, provided that you do not make
any modifications to any of the REDISTRIBUTABLE COMPONENTS. Contact SmartSoft
Software for the applicable royalties due and other licensing terms for all
other uses and/or distribution of the REDISTRIBUTABLE COMPONENTS.
NO WARRANTIES. SmartSoft 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 or fitness for a
particular purpose. The entire risk arising out of use or performance of
the SOFTWARE remains with you.
CUSTOMER REMEDIES. Each party's entire liability under this license agreement
shall not exceed the price paid for the SOFTWARE.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall SmartSoft,
its suppliers or you be liable for any damages whatsoever (including, without
limitation, damages for loss of business profits, business interruptions,
loss of business information, or any other pecuniary loss) arising out of
the use or inability to use this SmartSoft product, even if such party
has been advised of the possibility of such damages. The limitations and disclaimers
set forth in this section do not apply to
[a] either party's obligations of indemnity stated herein or
[b] to your material breach of your obligations under this license agreement.
TRIAL. The trial versions of our products are intended for evaluation purposes only.
You may not use the trial version to develop completed applications.
This agreement is protected by copyright laws and international treaty provisions.
If you do not agree to the terms of the license agreement, you are not allowed to use this
product or any part of it. Should you have any questions concerning this product, contact SmartSoft.
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