TurboFTP SDK End User License Agreement
Please read this entire agreement.
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the author of this software TurboSoft,Inc (AUTHOR) for the software product TurboFTP SDK, which includes computer software and may include associated media, printed materials, and "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.
1. LICENSES. In consideration of your payment of applicable license fees, AUTHOR hereby grants to you, the undersigned, and you accept, a nonexclusive, nontransferable license to install, use, and display a single copy of the Licensed Software on a single computer. You may move the Licensed Software from one computer to another, but may not have the Licensed Software resident on more than one computer unless you have paid a license for each additional computer. You may use the Licensed Software for the purpose of developing your own software applications, in accordance with the terms of Paragraph 1(a), below. A copy of the Licensed Software may be made for archival or backup purposes as long as it contains all the original Licensed Software proprietary notices. You may not sublicense, rent, distribute, lease or otherwise transfer or assign any or all of your rights in the Licensed Software. You may use the Licensed Software solely in its original form, and may not change, alter or modify the Licensed Software, translate, reverse assemble, reverse compile, disassemble, or in any way reverse engineer the Licensed Software. This license does not grant you any right to bug, fixes, enhancements, updates or new versions, but if such are made available to and are obtained by you, then they shall become part of the Licensed Software and governed by the terms of this License. AUTHOR reserves all rights not expressly granted to you in this License.
(a)TRIAL OR EVALUATION LICENSES. If the product you have downloaded or otherwise obtained is marked as "TRIAL SOFTWARE" or "EVALUATION VERSION", the following terms apply: you may install one copy of the Software for development of testing purposes for a period of 30 calendar days from the date of installation ("Evaluation Time"). Upon expiration of the Evaluation Time, the Licensed Software must be erased from the computer it was installed on and all copies destroyed. Under no circumstances should Trial Software be used for commercial purposes. Trial Software may contain mechanisms that inhibit its ability to function at a later date. It is your responsibility to ensure that any Applications you create do not contain Trial Software and their ability to function at a later date is not inhibited or diminished.
(b)ROYALTY-FREE LICENSES. If the product option you have purchased is marked as a "ROYALTY-FREE" license the following terms apply:
You may freely distribute your own applications that use Licensed Software as a runtime component ("Applications") without payment to AUTHOR, if and only if the Licensed Software is not marked as a Evaluation VERSION or Demo Version, and the Applications: (a) contain no modifications to the Licensed Software (including alterations to the original proprietary notices); and (b) are in compiled, executable form; and (c) do not provide substantially the same functionality as the Licensed Software or have as one of their purposes to build other software that would compete with the Licensed Software; and (d) do not reproduce or distribute any portion of the documentation for the Licensed Software or document the Application in a manner that identifies the programmatic interface to the callable routines in the Licensed Software; and (e) are subject to a license agreement that (i)limits Application end-users use of the Licensed Software to a run-time component, (ii) restricts the Application end-user from changing, altering or modifying the Licensed Software, creating derivative works, translations, reverse assembling, reverse compiling, disassembling, or in any way reverse engineering the Licensed Software, and (iii) prevents the Application end-user from sublicensing, renting, distributing, leasing or otherwise transferring or assigning any portion of the Licensed Software other than as specifically permitted in this Paragraph 1, you may not create any derivative works of the Licensed Software.
2. COPYRIGHT. Copyright of the SOFTWARE is owned by AUTHOR and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. 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.
3. DISTRIBUTION OF EVALUATION VERSION. The evaluation version of this SOFTWARE may be freely distributed.
Provided that you verify that you are distributing the evaluation version, you may distribute this SOFTWARE on on-line services, bulletin boards, or other electronic media provided that it is not modified and the original archive remains intact with all accompanying files, and provided that no fee is charged. This SOFTWARE may not be distributed on CD-ROM, disk, or other physical media for a fee without the permission of the AUTHOR.
4. REFUND AFTER PURCHASE. Within 30 days as of purchase of the SOFTWARE you can request full refund of it if you find that the SOFTWARE is not suitable for your use. You will need to sign a Letter of Intellectual Property Destruction to be eligible for refund.
5. DISCLAIMER OF WARRANTY. THE LICENSED SOFTWARE IS PROVIDED " AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, AUTHOR SPECIFICALLY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE LICENSED SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AUTHOR OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
6. LIMITATION ON LIABILITY. The Licensed Software may produce inaccurate results because of a failure or inaccuracy in the performance of the software, because you input incorrect data, or for many other reasons. You assume full and sole responsibility for any use you make of the output from the Licensed Software, and you bear the entire risks of there being an error in the output. You agree that regardless of the cause of any error or the form of any claim, YOUR SOLE REMEDY AND AUTHOR'S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL AUTHOR'S LIABILITY EXCEED THE PRICE PAID TO AUTHOR FOR THE LICENSED SOFTWARE. YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL AUTHOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, WHETHER IN TORT OR CONTRACT, EVEN IF AUTHOR HAS BEEN APPRAISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION DAMAGES FROM INTERRUPTION OF BUSINESS, LOSS OF USE OF SOFTWARE, LOSS OF DATA, COST OF RECREATING DATA, COST OF CAPITAL, COST OF ANY SUBSTITUTE SOFTWARE, OR LOSSES CAUSED BY DELAY. AUTHOR shall not be responsible for any damages or expenses resulting from alteration or unauthorized use of the Licensed Software, or from the unintended and unforeseen results obtained by you resulting from such use.
© TurboSoft, Inc. All Rights Reserved.