End user agreement for CrossFTP
CrossFTP License Agreement
Thanks for choosing CrossFTP. This software is offered to you (hereinafter "you" or "user") by Crossworld, subject to the terms and conditions of this CrossFTP License Agreement (the "Agreement").
Please read the Agreement carefully, because it is a legal contract and imposes obligations on you as a user of the CrossFTP.
1.0 DESCRIPTION OF SOFTWARE.
CrossFTP is a tool that assists users in file transportation and management.
Crossworld is making this software program (the "CrossFTP") available free through either the CrossFTP site at http://www.crossftp.com or bundled with other offerings. Crossworld is licensing you the right to use the CrossFTP Software during the time that this Agreement is in effect subject to your compliance with the terms and conditions of this Agreement. The CrossFTP Software is licensed to you for the sole purpose of engaging in personal or company's use and provided that you do so in accordance with the terms and conditions of this Agreement. All rights relating to the CrossFTP Software that are not expressly licensed in this Agreement, whether now existing or which may hereafter come into existence, are reserved for Crossworld. This license shall terminate immediately upon any violation by you of this Agreement.
3.0 PROHIBITED CONDUCT.
You represent and warrant that you will not violate any of the requirements of this Agreement and further represent and warrant that:
- You will not, and will not permit others to, (i) reverse engineer, decompile, disassemble, derive the source code of, modify, or create derivative works from the CrossFTP Software, or (ii) copy, distribute, publicly display, or publicly perform the CrossFTP Software other than as expressly authorized by this Agreement.
- You will not use the CrossFTP Software to engage in or allow others to engage in any illegal activity.
- You will not engage in use of the CrossFTP Software that will interfere with or damage the operation of the services of Crossworld or third parties by overburdening/disabling network resources through automated queries.
- You will not sell the CrossFTP Software or charge others for use of the CrossFTP Software.
- You will not use the CrossFTP Software to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation of third parties.
- You may not claim any sponsorship by, endorsement by, or affiliation with Crossworld.
4.0 RELEASE AND INDEMNITY.
You agree to release, defend, indemnify and hold harmless Crossworld, its officers, directors, employees, agents, independent contractors, attorneys, accounts, parent corporations, subsidiary corporations, affiliates, successors, and assigns, from and against any and all liability, claims, actions or demands by yourself or any other party resulting from or relating to your use or misuse of the CrossFTP Software. You waive all laws that may limit the efficacy of such a release or indemnity.
5.0 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
THE CROSSFTP SOFTWARE IS SUPPLIED "AS IS" AND ALL USE IS AT YOUR OWN RISK. CROSSWORLD DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE CROSSFTP SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE OPERATION OF THE CROSSFTP SOFTWARE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE.
Some jurisdictions do not permit disclaimers of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL CROSSWORLD BE LIABLE TO ANY USER FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF CROSSWORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT, THE CROSSFTP SOFTWARE, OR USER'S USE OR MISUSE OF THE CROSSFTP SOFTWARE OR ANY OTHER SERVICES PROVIDED BY CROSSWORLD. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF THE CROSSFTP SOFTWARE OR ANY OTHER SERVICES SUPPLIED BY CROSSWORLD (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), OR ERRORS OF THE CROSSFTP SOFTWARE.
Some jurisdictions do not permit limitations of liability. In such jurisdictions, the foregoing limitations may not apply to you.
6.0 INTELLECTUAL PROPERTY.
By accepting this Agreement, you acknowledge that, as between you and Crossworld, Crossworld is the owner of all intellectual property rights in and to the CrossFTP Software including copyright, trademark, patent, trade secret and all other proprietary rights that are existing throughout the world.
7.0 CHOICE OF LAW, JURISDICTION, AND VENUE.
This Agreement shall be governed by and construed in accordance with the laws of the United States. The state courts shall be the exclusive jurisdiction, forum, and venue to resolve any and all disputes arising out of or relating to this Agreement. You consent to personal jurisdiction and venue in state.
Crossworld reserves the right to modify or amend this Agreement at any time and for any reason or for no reason at all, in their sole discretion, without notice. Please review the version of this Agreement at http://www.crossftp.com/license_register.htm from time to time in order to keep current with its terms and conditions.
9.0 TERM AND TERMINATION.
This Agreement is terminable at will by you or by Crossworld for any reason or for no reason at all, in either your or Crossworld' sole discretion. This Agreement shall terminate immediately upon any breach by you. Upon termination, you agree to discard all copies of the CrossFTP Software. All provisions of this Agreement which by their nature extend beyond termination remain in effect until fulfilled and apply to respective successors and assigns.
10.0 PARENTAL SAFETY CONTROLS.
Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such material, a number of parental control protections (such as computer hardware, software, and filtering services) are commercially available.
12.0 MODIFICATION OF THE CROSSFTP, FREEWARE AND SERVICES.
Crossworld reserves the right to modify the CrossFTP and the services or software made available on the CrossFTP at any time and for any reason, or for no reason at all, in Crossworld' sole discretion, without notice. Crossworld also reserves the right to cease offering the CrossFTP or any of the services or software made available on the CrossFTP at any time and for any reason, or for no reason at all, in Crossworld' sole discretion.
13.0 REGISTRATION AND ACCEPTANCE.
By installing and/or loading the CrossFTP Software, each user represents and warrants that he or she is 18 years of age or older, is capable of entering into a binding legal agreement, and has read, understands, and agrees to be bound by all provisions of this Agreement. Any parent or guardian of a person under the age of 18 may accept this Agreement on behalf of a user. By doing so, any such parent or guardian represents and warrants that he or she is 18 years of age or older, is capable of entering into a binding legal agreement, agrees to accept full responsibility for the child's use of the CrossFTP Software, and has read, understands, and agrees to be bound by the Agreement.