End user agreement for DevSolutions FTP
END-USER LICENSE AGREEMENT FOR DevSolutions
DevSolutionsFTP Ver 1.0
NOTICE - READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE. WE ARE WILLING TO LICENSE THE SOFTWARE TO YOU, A SINGLE END-USER, ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS END-USER LICENSE AGREEMENT.
This is a license agreement and NOT an agreement for sale. It constitutes an agreement between you (one single, individual end-user) and DevSolutions. We continue to own the copy of the computer programs, documentation, data, and other content provided on the CD/ diskette(s) contained in this package, and all other copies (if any) that you are authorized by this Agreement to make (the "Software"). Your rights to use the Software are specified in this Agreement, and we retain all rights not expressly granted to you in this Agreement.
# Right to Install and Use : You (one single, individual end-user) may install and use the Software on one single-user computer in your possession. The Software is "installed" on a computer when it is placed on a computer's hard disk, CD-ROM, or other secondary storage device. The Software is "in use" on a computer when it is executed or loaded into the computer's RAM or other primary memory. You may not under any circumstances have the Software installed or in use on two or more computers at the same time. You may not grant access to the Software or allow use of the Software by other users (unless each additional user is licensed to use the Software).
# Right to Copy - You may copy the Software for back-up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "Right to Install and Use" section above.
# Right to Modify - You may modify the Software and/or merge it into another computer program to the extent necessary for your own use on a single computer, but any portion of the Software merged into another computer program will continue to be subject to this Agreement.
# Right to Transfer - You may not rent, lend, or lease the Software. You may, however, transfer this license to use the Software to another single end-user on a permanent basis by transferring the Software along with a copy of this Agreement and all accompanying documentation. To transfer a license you must notify us in writing at the time of the transfer. Such transfer of possession terminates your license from us, and you must destroy all copies of the Software not transferred. The end-user to whom you transfer the Software shall be licensed under this Agreement upon acceptance of this Agreement by the initial use of the Software.
# You may not use, copy, modify, merge, or transfer copies of the Software except as expressly authorized in this Agreement.
# You may not grant access to the Software or allow use of the Software by other users (unless each additional user is licensed to use the Software).
# You may not use any back-up or archival copies of the Software (or allow someone else to use such copies) for any purpose other than to replace an original copy if it is destroyed or becomes defective.
# You may not incorporate or use the Software (or portions thereof) in an environment which bypasses or avoids the licensing requirements of the Software. An example of such prohibited use is the creation of a Visual Basic UserControl which allows unlicensed users use of the Software in design-time mode without proper license.
# You may not disassemble, decompile or "unlock", reverse translate, or in any manner decode the Software for any reason.
# You may not place the Software onto a server or other multiple user arrangement so that the Software or portions of the Software are accessible to third parties (unless each additional user is licensed to use the Software).
# You may not sublicense, lease, rent or grant rights in the Software to others.
We warrant that, for thirty (30) days from the date you acquired it from us or our authorized dealers (1) the Software will perform substantially in accordance with the user documentation accompanying the Software, and (2) the media on which the Software is provided to you will be free from defects in materials and workmanship under normal use and service.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
You fully understand and agree that DevSolutions shall not in any circumstances be liable for any damages whatsoever (including, without limitation, damages for loss of business, business interruption, loss of business information, confidential information or other direct, indirect or consequential loss) arising out of the use or inability to use or supply or non-supply of the SOFTWARE and any other accompanying written materials.
We do not warrant that this software will meet your requirements or that its operation will be uninterrupted or error-free. To the extent allowed by law, we expressly disclaim all express warranties not stated here and all implied warranties, including the implied warranties of merchantability and fitness for a particular purpose. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the Software in your possession or by returning all such copies to us. This Agreement and your right to use this Software automatically terminate if you fail to comply with any material provision of this Agreement. Your license to use this Software also terminates if you assign this Agreement to someone else. Upon termination, you must stop all use of the Software and must destroy any copies that remain in your possession. Otherwise, the restrictions on your rights to use the Software will end upon expiration of the copyright to the Software.
This Agreement shall be governed by, construed and enforced in accordance to the laws of the State of AndhraPradesh,India. The parties consent to the personal jurisdiction of the State of AndhraPradesh and agree that any legal proceedings arising out of this Agreement shall be conducted solely in the State of AndhraPradesh. This is the entire agreement between us relating to the Software and supersedes any prior purchase order, communication, advertising, or representation concerning the Software. No change or modification of this Agreement will be valid unless it is in writing and is signed by us.
Should you have any questions concerning this agreement, please mail to email@example.com