End user agreement for Beyond FTP Client
APT LICENSE AGREEMENT
PLEASE READ THIS LICENSE AGREEMENT (THE "AGREEMENT") CAREFULLY
BEFORE CONTINUING. BY INSTALLING THE SOFTWARE, YOU ACCEPT THE
TERMS AND CONDITIONS OF THIS AGREEMENT . IF YOU DO NOT ACCEPT
THEM, DO NOT INSTALL THE SOFTWARE.
Automated Programming Technologies, Inc. ("APT") is the exclusive owner of the
enclosed software. In consideration of your payment of a license fee, we grant you,
and you accept, a non-exclusive license to use the Software, but you are not the
owner of it.
Your right to use the Software is called the "License." By "You," we mean either the
individual or entity who installs the Software and accepts the Agreement. By
"Software" we mean the computer program recorded on the diskettes, any updates to
it which we may later provide to you, any backup copies you make, the diskettes
themselves, and the related documentation contained in this package.
2. AUTHORIZED USE
If you are evaluating Beyond FTP, you may use the Software on up to four computers
for a trial period not to exceed 30 days, and only for the purpose of evaluation.
If you have purchased Beyond FTP, you may use the Software on a single computer for
an indefinite period of time.
By "Computer" we mean a single central processing unit and associated peripheral
equipment, all situated at one location.
3. COPY AND USE RESTRICTIONS
You may NOT (1) copy the Software, except to load it into a computer and to make
backup copies for archival purposes; (2) copy any written material accompanying the
diskettes; (3) translate, decompile, disassemble, cross-compile, or reverse engineer
the Software; (4) merge or embed the Software into another program; (5) modify the
Software; or (6) create derivative works based on the Software.
You may NOT distribute, loan, rent, lease, or provide the original or any copies of the
Software to any other person or entity, except as part of the permanent License
transfer set forth in paragraph 4 below. You may make copies of the Software
(excluding documentation) solely for backup or archival purposes, provided that such
copies contain the same copyright notice and proprietary markings appearing on the
If you are evaluating Beyond FTP, you may transfer the License to another person or
entity ONLY if the transferee agrees to be bound by this Agreement.
If you have purchased Beyond FTP, you may transfer the License to another person or
entity ONLY if (1) you provide prior written notice to APT listing the name and
address of both original licensee and transferee; (2) you give all of the Software
(including all backup copies) to the other person; and (3) the transferee agrees
to be bound by this Agreement.
5. APT'S RIGHTS
Our Software contains confidential unpublished information protected by copyright,
trade secret, and trademark laws. You may not disclose the Software to others, or
remove or alter our ownership and copyright notices on the diskettes or the Software.
You must use reasonable care to prevent any unauthorized use, copying, or disclosure
of the Software. These obligations survive any termination of the License.
If you are evaluating Beyond FTP, this license is effective for a period of thirty
days from the time the software is installed on a computer. The software will cease
to operate at the end of this period, and the license is considered terminated.
If you have purchased Beyond FTP, this license is effective until terminated.
In either case, you may terminate the license at any time by destroying the Software
together with all copies thereof. It will also terminate if you fail to comply with
any term or condition of this Agreement. You agree upon such termination to destroy
the Software together with all copies thereof.
7. LIMITED WARRANTY
APT's warranty of Beyond FTP applies only to software and media that has been
purchased. We make no warranties whatsoever for evaluation software.
APT warrants any physical media used in the delivery of Beyond FTP to be free from
defects in materials or workmanship under normal use for a period of sixty (60) days
from the date of delivery to you, as evidenced by a copy of your receipt. If you
discover a defect and notify APT within the warranty period, and APT determines
that the defect exists, APT will replace the defective media without charge.
The entire and exclusive liability and remedy for breach of this Limited Warranty shall
be limited to replacement of defective media and shall not include or extend to any
claim for or right to recover any other damages, including but not limited to, loss of
profit, data, or use of the Software, or special, incidental, or consequential damages
or other similar claims, even if APT has been specifically advised of the possibility
of such damages. In no event will APT's liability for any damages to you or any other
person ever exceed the lower of either the suggested list price or the actual price paid
for the License to use the Software, regardless of any form of the claim.
IN NO EVENT SHALL WE, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE
CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE, BE LIABLE FOR
ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES
RESULTING FROM THE USE OF THE SOFTWARE OR ARISING OUT OF ANY
BREACH OF ANY WARRANTY. THIS SOFTWARE IS PROVIDED "AS IS." APT
SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTA-
BILITY OR FITNESS FOR A PARTICULAR PURPOSE.
This limited warranty gives you specific legal rights. You may have others which may
vary from state of state. Some states do not allow the exclusion of incidental or
sequential damages, or the limitation on how long an implied warranty lasts, so some
of the above may not apply to you.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU
UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND
EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH
SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN,
AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THE SUBJECT
MATTER OF THIS AGREEMENT.