CuteFTP License Agreement

GLOBALSCAPE CUTEFTPTM VERSION 4 END-USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: This CuteFTP End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and GlobalSCAPE, Inc. for the GlobalSCAPE SOFTWARE(s) identified above, which includes the User's Guide, any associated SOFTWARE components, any media, any printed materials other than the User's Guide, and any "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, 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 or use the SOFTWARE. If the SOFTWARE was mailed to you, return the media envelope, UNOPENED, along with the rest of the package to the location where you obtained it within 30 days from purchase.

1. The SOFTWARE is licensed, not sold.

2. GRANT OF LICENSE.

(a)	Registered Copy.  To register your copy, you should visit www.globalscape.com or from CuteFTP’s Menu Bar choose Help/How to purchase...and follow the instructions.  After you have purchased the license for SOFTWARE, and have received the file enabling the registered copy, you are licensed to copy the SOFTWARE only into the memory of the number of computers corresponding to the number of licenses purchased.  The primary user of the computer on which each licensed copy of the SOFTWARE is installed may make a second copy for his or her exclusive use on a portable computer.  Under no other circumstances may the SOFTWARE be operated at the same time on more than the number of computers for which you have paid a separate license fee.  You may not duplicate the SOFTWARE in whole or in part, except that you may make one copy of the SOFTWARE for backup or archival purposes.  You may terminate this license at any time by destroying the original and all copies of the SOFTWARE in whatever form.  You may permanently transfer all of your rights under this EULA provided you transfer all copies of the SOFTWARE (including copies of all prior versions if the SOFTWARE is an upgrade) and retain none, and the recipient agrees to the terms of this EULA.

(b)	Evaluation Copy.  You may use the SOFTWARE without charge on an evaluation basis for thirty (30) days from the day that you install the SOFTWARE.  You must pay the license fee and register your copy to continue to use the SOFTWARE after the thirty (30) days.  If you continue to use the SOFTWARE after the thirty (30) days without paying the license fee you will be using the SOFTWARE on an unlicensed basis.  GlobalSCAPE may place advertisements in evaluation copies of the SOFTWARE and keep statistics regarding your use of the SOFTWARE (e.g., number of daily unique users, average sessions per user, average session time, certain system information, daily ad displays and ad click-through). GlobalSCAPE will not monitor the content of your use (e.g., sites selected or files used).  Registration disables banner ads, and GlobalSCAPE will not keep usage statistics on licensed SOFTWARE. 

(c)	Redistribution of Evaluation Copy.  If you are using SOFTWARE on an evaluation basis you may make copies of the evaluation SOFTWARE as you wish; give exact copies of the original evaluation SOFTWARE to anyone; and distribute the evaluation SOFTWARE in its unmodified form via electronic means (Internet, BBS's, Shareware distribution libraries, CD-ROMs, etc.). You may not charge any fee for the copy or use of the evaluation SOFTWARE itself, but you may charge a distribution fee that is reasonably related to any cost you incur distributing the evaluation SOFTWARE (e.g. packaging). You must not represent in any way that you are selling the SOFTWARE itself. Your distribution of the evaluation SOFTWARE will not entitle you to any compensation from GlobalSCAPE.  You must distribute a copy of this EULA with any copy of the SOFTWARE and anyone to whom you distribute the SOFTWARE is subject to this EULA.

3. RESTRICTIONS.  You may not reverse engineer, de-compile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.  You may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.

4. SUPPORT SERVICES. GlobalSCAPE may provide you with support services related to the SOFTWARE. Use of Support Services is governed by the GlobalSCAPE polices and programs described in the user manual, in online documentation, and/or other GlobalSCAPE-provided materials, as they may be modified from time to time. Any supplemental SOFTWARE code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to GlobalSCAPE as part of the Support Services, GlobalSCAPE may use such information for its business purposes, including for product support and development. GlobalSCAPE will not utilize such technical information in a form that personally identifies you.

5. TERMINATION. Without prejudice to any other rights, GlobalSCAPE 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.

6. COPYRIGHT. The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of GlobalSCAPE and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

7. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE to any country, person, entity, or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.

8. NO WARRANTIES. GlobalSCAPE expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

9. LIMITATION OF LIABILITY. IN NO EVENT SHALL GLOBALSCAPE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF GLOBALSCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, GLOBALSCAPE'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S.$1.00 OR LICENSE FEE PAID BY YOU.

10. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer SOFTWARE clause of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer SOFTWARE-Restricted Rights at 48 CFR 52.227-19, as applicable.  Manufacturer is GlobalSCAPE, Inc./5800 N.W. Parkway Suite 101/San Antonio, Texas/78249/USA

11. MISCELLANEOUS. If you acquired the SOFTWARE in the United States, this EULA is governed by the laws of the state of Texas.  If you acquired the SOFTWARE outside of the United States, then local laws may apply.

Should you have any questions concerning this EULA, or if you desire to contact GlobalSCAPE for any reason, please contact GlobalSCAPE by mail at: 5800 N.W. Parkway Suite 101/San Antonio/Texas/78249/USA, by telephone at: (210) 308-8267, or by electronic mail at: support@globalscape.net.