SmartFTP FTP Library 1.5.13.10

SmartFTP SOFTWARE LICENSE AGREEMENT

This is a legal agreement between you (either an individual or an entity)

and SmartFTP Software ("SmartFTP"). 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

SmartFTP SOFTWARE LICENSE AGREEMENT

This is a legal agreement between you (either an individual or an entity)

and SmartFTP Software ("SmartFTP"). 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

transit.

SmartFTP LICENSE

1. GRANT OF LICENSE TO USE. The SmartFTP Software product that accompanies this

license is referred to herein as "SOFTWARE." SmartFTP Software ("SmartFTP")

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). SmartFTP Software 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,

SmartFTP Software grants you the right to designate one individual within your

organization to have the right to use the SOFTWARE in the manner provided

above. SmartFTP Software 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 SmartFTP 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 SmartFTP Software 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.

SmartFTP warrants that SmartFTP 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. SmartFTP 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. SmartFTP Software 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.

SmartFTP 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 SmartFTP Software 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

COMPONENTS ;

(b) do not permit further redistribution of the

REDISTRIBUTABLE COMPONENTS by your end-user customers ;

(c) do not use SmartFTP Software'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 SmartFTP Software 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.

SmartFTP Software 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 SmartFTP

Software for the applicable royalties due and other licensing terms for all

other uses and/or distribution of the REDISTRIBUTABLE COMPONENTS.

LIMITED WARRANTY

NO WARRANTIES. SmartFTP Software 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 SmartFTP Software,

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 SmartFTP Software 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 SmartFTP.