ftp.ncftp.com/ftp.ncftp.com.zip/ftp.ncftp.com/libncftp/older_versions/libncftp-3.1.5-src.tar.gz/libncftp-3.1.5-src.tar/libncftp-3.1.5/doc/LICENSE.txt

Text File | 2002-05-20 | 5KB | 99 lines

NcFTP Software End-user License Agreement.

GRANT.  NcFTP Software grants you ("Licensee") a non-exclusive license to use
this version of the NcFTP Software LibNcFTP software (the "Software") thirty
(30) days free of charge for evaluation and trial purposes only, after such
period you agree to pay for the Software or cease using the Software.
To pay for the software ("License the Software"), you must either:

    purchase a single development team (10 or fewer developers),
    source code and object code license at the price of US$499.00;

    purchase a site license (more than 10 developers), source code
    and object code license at the price of US$999.00;

    or be an educational or non-profit institution, in which
    the licensing fee is waived.

This license does not entitle you to hard-copy documentation, support or
telephone assistance.  NcFTP Software reserves the right at any time to alter
prices, features, specifications, capabilities, functions, licensing
terms, general availability of the Software.

REDISTRIBUTION.  NcFTP Software allows redistribution of the Software
("Redistribution"), excluding source code of the Software, for purposes
of distribution of software written to use the Software, only when the
Software is Licensed.  Redistribution includes, but is not limited to,
distribution of compiled programs linked with the Software and
distribution of the object code of the Software for compilation with
the Licensee's source code.  Licensee may redistribute the Software
under these terms free of royalty or additional licensing fees.

DISCLAIMER OF WARRANTY.  The Software is provided on an "AS IS" basis,
without warranty of any kind, including without limitation the warranties
of merchantability, fitness for a particular purpose and non-infringement.
The entire risk as to the quality and performance of the Software is borne
by you.  Should the Software prove defective, you and not NcFTP Software or its
suppliers assume the entire cost of any service and repair.  In addition,
the security mechanisms implemented by NcFTP Software software have inherent
limitations, and you must determine that the Software sufficiently meets
your requirements.  This disclaimer of warranty constitutes an essential
part of the agreement.  SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF
AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU
MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

LIMITATIONS.  You may not:
    permit other individuals to use the Software except under the terms
    listed above;

    rent, lease, grant a security interest in, or otherwise transfer
    rights to the Software; or

    remove any proprietary notices or labels on the Software.

TITLE.  Title, ownership rights, and intellectual property rights in the
Software shall remain in NcFTP Software and/or its suppliers.  The Software
is protected by copyright and other intellectual property laws and by
international treaties.  Title and related rights in the content accessed
through the Software is the property of the applicable content owner and
may be protected by applicable law.  This license gives you no rights
to such content.

TERMINATION.  The license will terminate automatically if you fail to
comply with the limitations described herein.  Upon termination of this
license, you agree to destroy all copies of the Software.

LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL NCEMRSOFT OR ITS SUPPLIERS
OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
IN NO EVENT WILL NCEMRSOFT BE LIABLE FOR ANY DAMAGES, EVEN IF NCEMRSOFT
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY OTHER PARTY.  THIS LIMITATION OF LIABILITY SHALL NOT APPLY
TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION.  FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

HIGH RISK ACTIVITIES.  The Software is not fault-tolerant and is not
designed, manufactured or intended for use or resale as on-line control
equipment in hazardous environments requiring fail-safe performance,
such as in the operation of nuclear facilities, aircraft navigation
or communication systems, air traffic control, direct life support
machines, or weapons systems, in which the failure of the Software
could lead directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities").  NcFTP Software and its
suppliers specifically disclaim any express or implied warranty of
fitness for High Risk Activities.

MISCELLANEOUS.  This Agreement represents the complete agreement
concerning this license and may amended only by a writing executed
by both parties.  If any provision of this Agreement is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable.  This Agreement shall be governed by
Nebraska law (except for conflict of law provisions).  The application
the United Nations Convention of Contracts for the International Sale
of Goods is expressly excluded.