home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
ftp.ncftp.com
/
ftp.ncftp.com.zip
/
ftp.ncftp.com
/
ncftpd
/
end_of_life
/
ncftpd-2.8.7-freebsd3.5.1-i386-export.tar.gz
/
ncftpd-2.8.7-freebsd3.5.1-i386-export.tar
/
ncftpd-2.8.7
/
LICENSE
< prev
next >
Wrap
Text File
|
2011-01-17
|
5KB
|
98 lines
NcFTP Software End-user License Agreement.
GRANT. NcFTP Software grants you a non-exclusive license to use this version
of the NcFTPd Server 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 fifty (50) user, single machine license at the
price of US$129.00;
or purchase an unlimited user, single machine license at the
price of US$199.00;
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,
excluding source code and licensing information.
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;
Use the Software on two (2) or more machines concurrently (except
when each computer Licensed the Software separately);
modify, translate, reverse engineer, decompile, disassemble (except
to the extent applicable laws specifically prohibit such restriction),
or create derivative works based on the Software;
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 NCFTP SOFTWARE 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 NCFTP SOFTWARE BE LIABLE
FOR ANY DAMAGES, EVEN IF NCFTP SOFTWARE 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.