End user agreement for Ocean FTP Server
Ocean FTP Server 1.xx - End User License Agreement
IMPORTANT INFORMATION, PLEASE READ CAREFULLY.
The use of this software is subject to the license terms set by Code Ocean. By installing this software you are acknowledging full agreement with the license terms and conditions of use detailed in this document. Please be aware that this software is protected by copyright laws and international copyright treaties.
The installation of this software will install several files onto your computer. The installation and use of the software may install new or updated system files and may insert entries into the registry. Uninstalling does not guarantee that all the files or registry entries will be removed. As with any installation, it is recommended that you back up your hard drive before you install the software.
Code Ocean reserves the right to change or update any part of this agreement, at any time in the future, without prior notice or reason. The latest and most current agreement can be found at:
1. GRANT OF LICENSE
This agreement grants you, the licensee, a license to:
(a) Install the software without a license key on any number of computers.
(b) Use the software for a maximum of 30 days free of charge (per computer). When the trial period of 30 days have passed (from the original installation date on that computer), you must purchase a license key (please read sections 2 and 3 for more information) from Code Ocean or a company selected by Code Ocean to continue using the software.
(c) Distribute this software, without a license key, without profit, without modification and with these original license terms intact and unchanged, to any person or organization via any media. However, if the software is intended for mass distribution (1000 copies or more), via a magazine, publication... etc, permission must be obtained directly from Code Ocean.
2. PURCHASING LICENSE KEYS
Without a license key, this software will operate in a limited mode for 30 days, after which the software will cease to operate. Continued use of the software after this period is not permitted without a valid license key. License keys can only be purchased from Code Ocean or a company selected by Code Ocean. If you purchase a license key from any other organization or person, you will not be entitled to any of the rights a normal license key allows.
By purchasing a license key from Code Ocean or a company selected by Code Ocean, you will be agreeing that you, the licensee, have tried the software and found no compatibility issues with the software and the system for which the license key is intended. You will also be agreeing that you are satisfied that the software suits all your needs and you are fully aware of all the software’s capabilities and limitations.
By purchasing a Personal Edition license key, you are agreeing that the license key will only be used by you and for personal use only. "Personal use" is defined as: use with the intention of making no profit. Therefore, a Personal Edition license cannot and must not be used by any Business, Company or other profit making organisation.
License keys cannot be transferred, resold, rented or used by any other organization or person other than the original purchaser. A purchaser can be classed as a single person, organization or company. Code Ocean retains the right to refuse requests for refunds at its own discretion.
3. LICENSE KEYS
If you purchase, or have purchased, a license key, this grants you, the licensee, a license to:
(a) Install the license key on only one computer.
(b) Transfer the license key from one computer to another, but only one computer can have the license key installed at any one time.
(c) Use the license key for an unlimited time period as long as the key remains valid. The validity of the license key is completely controlled by Code Ocean, who retain the right to terminate (make invalid) any license key at any time without prior warning or reason. If a key becomes invalid, it must be removed and destroyed from any computer it is installed on.
(d) Have access to any new updates of Ocean FTP Server, for an unlimited time period, for only versions in which the key is originally intended for. Additionally, during the running of the automatic update process within Ocean FTP Server, part of the license key and the current version of the software may be sent to Code Ocean, who then retain the right to use that information for detection of any abuse of the license key. If abuse of the a license key is suspected or found, Code Ocean retains to the right to make the key invalid.
4. OWNERSHIP OF THE SOFTWARE
You, the licensee, only own the media upon which the software is recorded or fixed. Code Ocean retain title and ownership of the software at all times, which includes the original recorded software and any subsequent copies. This is always effective regardless of the form or media in which the original or copies exist.
Purchasing a license key is not a sale of the software but of your right to use the software.
This agreement is effective until terminated. This agreement can be terminated without prior notice from Code Ocean if you fail to comply with any part of this agreement. Upon termination you will remove any key, uninstall the software and destroy any written materials and any copies of the software, regardless of any modifications made to the written materials or software.
6. LIMITED LIABILITY
CODE OCEAN CANNOT BE HELD LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS, SAVINGS, LOSS OF DATA OR DAMAGED HARDWARE, EVEN IF CODE OCEAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.