End user agreement for JSCAPE Secure FTP Server for Mac OS X
JSCAPE SECURE FTP SERVER LICENSE STATEMENT AND LIMITED WARRANTY
IMPORTANT - READ CAREFULLY
This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and JSCAPE, LLC. ("JSCAPE") for the software product ("Software") identified above, including any software, media, and accompanying on-line or printed documentation.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.
Upon your acceptance of the terms and conditions of the License Agreement, JSCAPE grants you the right to use the Software in the manner provided below.
This Software is owned by JSCAPE and is protected by copyright law and international copyright treaty. Therefore, you must treat this Software like any other copyrighted material (e.g., a book), except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.
You may transfer the Software and documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of the License Agreement. Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation.
You acknowledge that the Software is a confidential trade secret of JSCAPE and therefore you agree not to reverse engineer, decompile, or disassemble the Software.
ADDITIONAL LICENSE TERMS FOR SOFTWARE
JSCAPE grants to you (either an individual or single entity) nonexclusive license to install and use the Software free of charge. You may redistribute the software free of charge as long as the software and documentation are maintained in their original form.
JSCAPE grants to you (either an individual or single entity) non-exclusive license to install and use a single instance of JSCAPE Secure FTP Server on a single computer. The Secure FTP Server Manager, a client graphical user interface used for managing JSCAPE Secure FTP Server an installation, may be installed on additional computers that you own without charge. If you wish to install multiple instances of JSCAPE Secure FTP Server then a separate license MUST be purchased for each instance of JSCAPE Secure FTP Server that is installed.
JSCAPE warrants that the Software, as updated and when properly used, will perform substantially in accordance with the accompanying documentation, and the Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JSCAPE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JSCAPE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF JSCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). JSCAPE and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs ©(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs ©(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
This License Agreement may only be modified in writing signed by you and an authorized officer of JSCAPE. If any provision of this License Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.
This License Agreement shall be construed, interpreted and governed by the laws of the State of Arizona, U.S.A. This License Agreement gives you specific legal rights; you may have others which vary from state to state and from country to country. JSCAPE reserves all rights not specifically granted in this License Agreement.
This Software incorporates the JFreeChart library Copyright 2000-2006 by Object Refinery Limited and Contributors. The JFreeChart library may be found in the libs directory of the Software installation directory in the file named jfreechart-1.0.1.jar and is distributed under the terms of the LGPL. A copy of the LGPL may be found in the libs directory in a file named jfreechart-license.txt. Source code for the JFreeChart library may be provided upon request.
This Software incorporates the Jetty Java HTTP Server and Servlet Container. Jetty is licensed under the Apache License Version 2.0. A copy of the Apache License Version 2.0 may be found in the libs directory of your Software installation in a file named jetty-license.txt.