End user agreement for FTP Voyager
End-User License Agreement
Installation and use of FTP Voyager indicates you accept the terms of this End-User License Agreement (EULA). If you are accepting these terms on behalf of a company, you also warrant that your company accepts the terms of this EULA.
Rhino Software, Inc. ("RhinoSoft") reserves the right to update and change, at any time and without notice, this EULA and all documents incorporated herein by reference. The most recent version of this EULA is available at http://www.FTPVoyager.com/eula. Your continued use of FTP Voyager after any EULA update or change constitutes your acceptance of the new EULA.
FTP Voyager Licensing
Terms and Definitions
FTP Voyager licenses are sold as individual units, in license packs and in a limited number of open-ended license packages (i.e., “Department”, “Site” and “Enterprise”) that address scope and type of use rather than a set number of licenses.
FTP Voyager licenses are perpetual licenses that permit licensees to use specific editions, modules and versions of licensed software indefinitely. However, licensees must maintain a current support contract to access the latest versions of their licensed software. (Most FTP Voyager licenses are initially sold in a bundle that includes a one or two year support contract, but support contracts must be explicitly renewed in following years.)
For purposes of license consumption, each running instance of a Virtual Machine (VM) counts as an individual computer. (i.e., each active VM instance requires its own FTP Voyager license; inactive VM snapshots are considered to be backups.)
Individual and Pack Licenses
Individual and pack licenses of FTP Voyager may each be installed on a single computer and may be used by all users who locally authenticate to that computer. (e.g., If a Windows 7 desktop has been set up for three different end-users, all three end-users, plus any others configured in the future, may use FTP Voyager.) However, individual and pack licenses of FTP Voyager cannot be shared across multiple computers.
FTP Voyager may also be used in a shared environment in which a single copy of FTP Voyager is installed and registered on a single server computer as long as the individual or company that controls the shared environment has licensed one copy of FTP Voyager for each workstation that will access the shared installation. (e.g., If ten different workstations access a shared installation of FTP Voyager over the network then ten FTP Voyager licenses are required, even if less than ten of the workstations use FTP Voyager concurrently. Alternatively, a married couple could purchase two FTP Voyager licenses for their web publishing business, deploy them on their home server and use their two licenses from any of their laptops and desktops.)
Open-Ended License Packages
A Department license permits a single company to deploy an unlimited number of copies of FTP Voyager to meet the needs of a single functional department within a single corporate entity. (e.g., a Department license may be sold to initiate internal and external file exchanges from Company A's Accounting Department.)
A Site license permits a single company to deploy an unlimited number of copies of FTP Voyager to meet the needs of a single physical deployment within a single corporate entity. (e.g., a Site license may be sold to initiate internal and external file exchanges from Company A's Philadelphia office.)
An Enterprise license permits a single company to deploy an unlimited number of copies of FTP Voyager to meet the worldwide needs of a single corporate entity. (e.g., an Enterprise license may be sold to initiate internal and external file exchanges from Company A regardless of department or location.)
Hosted Services and Rental
FTP Voyager may not be used to provide automated operations in "service bureau", "cloud service", "hosted service", "ISP" or other arrangements in which multiple companies contract with a service provider to manage internal and external file transfers. (RhinoSoft’s Serv-U brand permits this type of use.)
Access to individual installations of FTP Voyager may not be rented.
You may not reverse engineer, decompile, or disassemble FTP Voyager software.
Use of modified or “cracked” FTP Voyager software or FTP Voyager “key generator” software is dangerous and unlawful.
Evaluation and Registration
You are licensed to use this software in a non-production environment without charge for an evaluation period of 30 days unless otherwise specified. After the evaluation period a commercial FTP Voyager license is required for any use. Commercial FTP Voyager licenses are also required at all times for production use.
Commercial FTP Voyager licenses are fulfilled with a non-transferable Registration ID after purchase. These licenses can be purchased from RhinoSoft or any of our resellers. Visit the FTP Voyager web site at http://www.FTPVoyager.com for current information on all purchase options.
Duplication and Distribution
You may duplicate and distribute unmodified and unregistered evaluation editions of the most recent version of FTP Voyager software provided you do not charge for or solicit donations for your distribution service. You may also make up to three copies of the versions you are permitted to use under your license for your own archival or backup purposes provided you exercise due care to prevent other people or companies from accessing those copies.
All other distribution, including distribution of Registration IDs, modified editions of FTP Voyager, retired versions of FTP Voyager or registered editions of FTP Voyager, is prohibited.
FTP Voyager licenses registered to a specific company enjoy a limited right of transfer in the case of reorganization, acquisition or divestiture. In these cases each license may be transferred from its original company to a new company as long as the original company stops using the licenses and the original company receives absolutely no consideration for the transfer of the licenses.
All other license transfers, including transfer of licenses between different companies, is expressly forbidden.
This agreement is governed by the laws of the State of Wisconsin, USA, except as stated herein. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
If you acquired the software in Asia the laws of those countries apply.
Each provision of this EULA is severable from the whole, and if one provision is declared invalid, the other provisions shall remain in full force and effect.
Rhino Software, Inc. may terminate this EULA immediately if you fail to comply with the terms and conditions of this EULA. You may also terminate this EULA immediately for any reason. No refund shall be issued in either of these cases.
Rhino Software, Inc. may also terminate this EULA without cause if we provide 30 days notice in writing. A prorated refund based on your current support contract will be issued in this case.
You must destroy all copies of any FTP Voyager Registration ID in your possession upon termination of this EULA, regardless of the reason for termination.
Disclaimer of Warranty
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED.
Good data processing practice dictates that any new program should be thoroughly tested by the user with non-critical data before relying on it in production. The user must assume the entire risk of using the program. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, AT THE SELLER'S SOLE DISCRETION, A REFUND OF PURCHASE PRICE.
Rhino Software, Inc. holds a worldwide exclusive copyright on FTP Voyager software.
FTP Voyager® is a registered trademark of Rhino Software, Inc.