End user agreement for SmartFTP
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.
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.
When you purchase a license, you will be provided with a license key. You must enable the registered
license for the SOFTWARE by activating the SOFTWARE with the provided license key. 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 user may use and
install the SOFTWARE for personal use on multiple computers and may store the software for personal use
on portable media for use on multiple computers. 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 permanently transfer all of your rights
under this EULA, provided the recipient agrees to the terms of this EULA. 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: firstname.lastname@example.org.
When you browse our web site, download our software, or participate in our online
forums, your ip address, the time and duration of your visit, the web browser
you are using, and the pages you view are logged. This information is used to
compile statistical reports about how you use our web site and ultimately used to
improve your browsing experience. If you choose to register for our forums, a
valid email address is required, but all other information is optional. Our
forums are moderated, and we reserve the right to remove any post we deem
inappropriate, and any user account being used inappropriately. The purpose of
our web site and forums is to provide the best support possible to our valued
If you choose to license products from SmartSoft Ltd., some personal information is
required to complete the purchase. Information such as your name/company, address,
email address and billing information like your credit card number is collected.
All methods of purchase are ssl encrypted and detailed information can be
obtained from the web site at time of purchase. Your personal information
is securely stored, and is never given out to anyone, or used by us for
anything other than a purchase record.
SmartUpdate is a special feature of products from SmartSoft Ltd. It detects new versions
and allows for a convenient method to update the SmartFTP software. When
SmartUpdate connects to our servers the following information is transmitted:
Product version, OS version, unique user id, first time start, license key id.
We aim to keep your information safe. Credit card fraud, identity theft and
software piracy will not be tolerated. We may release any information necessary
to comply with the law, protect our software licenses, and foremost to protect
our valued customers. We will also work with law enforcement and fraud/credit
agencies to ensure the safety of your information.