End user agreement for Sherrod FTP Client
END-USER LICENSE AGREEMENT FOR Sherrod Computers, LLC. SOFTWARE
IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Sherrod computers, LLC. for the Sherrod Computers, LLC. software product accompanying this EULA, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, 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, copy, or use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
· SOFTWARE PRODUCT. Sherrod Computers, LLC. grants you the right to install and use the SOFTWARE PRODUCT for design, development, production, and testing purposes. You may install and use the SOFTWARE PRODUCT on one computer per license.
· License Condition. Company’s license rights to the SOFTWARE PRODUCT are conditioned upon Company (a) not incorporating Identified Software into, or combining Identified Software with, the SOFTWARE PRODUCT or a derivative work thereof; (b) not distributing Identified Software in conjunction with the SOFTWARE PRODUCT or a derivative work thereof; and© not using Identified Software in the development of a derivative work of the SOFTWARE PRODUCT. “Identified Software” means software which is licensed pursuant to terms that directly or indirectly
(i) create, or purport to create, obligations for Sherrod Computers, LLC. with respect to the SOFTWARE PRODUCT or derivative work thereof or
(ii) grant, or purport to grant, to any third party any rights or immunities under Sherrod Computers, LLC.’s intellectual property or proprietary rights in the SOFTWARE PRODUCT or derivative work thereof. Identified Software includes, without limitation, any software that requires as a condition of use, modification and/or distribution of such software that other software incorporated into, derived from or distributed with such software be (a) disclosed or distributed in source code form; (b) be licensed for the purpose of making derivative works; or© be redistributable at no charge.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
· Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.· Rental. You may not sell, rent, or lease the SOFTWARE PRODUCT without written permission from Sherrod Computers, LLC.
· Support Services. Technical support will be provided for the SOFTWARE PRODUCT for a period of 180 days after purchase.
· No Other Uses. You may not use the SOFTWARE PRODUCT in any way other than as expressly permitted under this EULA.
· Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA.
· Termination. Without prejudice to any other rights, Sherrod Computers, LLC. 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 PRODUCT and all of its component parts.
3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE PRODUCT). The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. You may not copy the printed materials, if any, accompanying the SOFTWARE PRODUCT.
4. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph©(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. Manufacturer is Sherrod Computers, LLC.
/1370 Hazelwood. Smyrna, TN 37167.
5. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (i) the SOFTWARE or related documentation and technical data or (ii) your software product as described in Section 1(b) of this License (or any part thereof), or process, or service that is the direct product of the SOFTWARE, to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
This EULA is governed by the laws of the State of Tennessee.
Should you have any questions concerning this EULA, or if you desire to contact Sherrod Computers, LLC. for any reason, please contact the Sherrod Computers, LLC.
subsidiary serving your country, or write: Sherrod Computers, LLC. Sales Information Center/421 Westwood Dr. Smyrna, TN 37167.
NO WARRANTY. THE SOFTWARE PRODUCT IS PROVIDED “AS-IS,” WITHOUT WARRANTY OF ANY KIND, AND ANY USE OF THE SOFTWARE PRODUCT IS AT YOUR OWN RISK. To the maximum extent permitted by applicable law, Sherrod Computers, LLC. and its suppliers disclaim all warranties AND CONDITIONS, either express or implied, including, but not limited to, implied warranties AND CONDITIONS of merchantability, fitness for a particular purpose, TITLE, AND NON-INFRINGEMENT, with regard to the SOFTWARE
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Sherrod Computers, LLC. 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, even if Sherrod Computers, LLC. Has been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.