Provided As: Free for personal use (refer below to License Agreement)
"A powerful and easy to use FTP server designed to use very little CPU and memory. It comes with an intuitive interface and can be accessed from the system tray. The server is able to listen for connections on multiple interfaces (Multi-homed PCs), allow PASV connections, resume failed transfers, and offers an easy-to-use manager for controlling user access to files."
GRANT AVERETT
END USER LICENSE AGREEMENT
CERBERUS FTP SERVER
Software License Agreement for Cerberus FTP Server
IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE
(AS DEFINED BELOW), COPYING THE SOFTWARE AND/OR CLICKING ON
THE "ACCEPT" BUTTON BELOW, YOU (EITHER ON BEHALF OF YOURSELF
AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED
REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF THIS END USER
LICENSE AGREEMENT ("AGREEMENT") REGARDING YOUR USE OF THE
SOFTWARE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS
AGREEMENT, CLICK ON THE "NO" BUTTON AND/OR DO NOT INSTALL,
COPY OR OTHERWISE USE THE SOFTWARE.
1. GRANT OF LICENSE: Subject to the terms below, GRANT AVERETT
("GRANT AVERETT") hereby grants you a non-exclusive,
non-transferable license to install and to use the downloadable,
standard version of Cerberus FTP Server ("Software").
If you are licensing the Software as an individual or
not-for-profit charitable entity (as set forth in U.S.C., Title 26,
Section 501 (c)(3)(excluding governmental entities and
educational institutions)) only, your license will be free to
you for the term of the Agreement and you may: (i) install
and use the Software on a single computer for your personal,
internal use and in no event for the benefit of a company,
for-profit entity, governmental entity, or educational
institution; and (ii) copy the Software for back-up or
archival purposes.
If you are licensing the Software on behalf of a for-profit
entity, governmental entity, or educational institution, your
license will be free for an introductory thirty (30) day period
and, should you elect to purchase the full license, will
continue perpetually. During the introductory period, or the
full license term, if you elect to purchase it, you may:
(i) install and use the Software for your internal use on the
number of computers for which you have paid license fees; and
(ii) copy the Software for back-up or archival purposes.
Whether you are licensing the Software as an individual or on
behalf of an entity, you may not: (i) reverse engineer, decompile,
or disassemble the Software; (ii) modify, or create derivative
works based upon, the Software in whole or in part;
(iii) distribute copies of the Software; (iv) remove any
proprietary notices or labels on the Software; or (v) resell,
lease, rent, transfer, sublicense, or otherwise transfer rights
to the Software.
2. TITLE: You acknowledge that no title to the intellectual
property in the Software is transferred to you. Title, ownership,
rights, and intellectual property rights in and to the Software
shall remain with Grant Averett. The Software is protected by copyright
and patent laws of the United States and international treaties.
3. UPDATES. From time to time, Grant Averett may make available
updates to the software. You may download and install or otherwise
use those updates to the software that are released by Grant Averett
within one year of software registration date. All updates to the
Software are governed by this Agreement, unless other license terms are
provided with the update.
4. DISCLAIMER OF WARRANTY: YOU AGREE THAT GRANT AVERETT HAS MADE NO
EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND
THAT THE PRODUCTS ARE BEING PROVIDED TO YOU "AS IS" WITHOUT
WARRANTY OF ANY KIND. GRANT AVERETT DISCLAIMS ANY AND ALL OTHER
WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING,
BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT
OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE. GRANT AVERETT SHALL NOT BE LIABLE FOR INDIRECT,
INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT)
ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT.
5. LIMITATION OF LIABILITY: You must assume the entire risk of
using the program. IN NO EVENT SHALL GRANT AVERETT BE LIABLE TO YOU
FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR
OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND
ARISING OUT OF THE USE OF GRANT AVERETT'S SOFTWARE, EVEN IF GRANT AVERETT
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
WILL GRANT AVERETT'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT,
OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY
YOU, PROVIDED, HOWEVER, IF THE RELEVANT PRODUCT WAS PROVIDED TO
YOU AT NO CHARGE YOU AGREE GRANT AVERETT SHALL NOT BE LIABLE TO YOU
FOR ANY DAMAGES. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL
INJURY TO THE EXTENT PERMITTED BY LAW.
6. TERMINATION: This Agreement shall terminate automatically if
you fail to comply with the limitations described in this Agreement,
or if you are licensing the Software on behalf of an entity and do
not elect to continue the license following the expiration of the
introductory period or you do not renew any one (1) year license
with GRANT AVERETT. No notice shall be required from GRANT AVERETT to
effectuate such termination. Upon termination, except for failure
to renew, you must uninstall and destroy all copies of the Software.
7. MISCELLANEOUS:
Severability.
In the event of invalidity of any provision of this Agreement, the
parties agree that such invalidity shall not affect the validity of
the remaining portions of this Agreement.
Export.
You agree that you will not export or re-export the Software
outside of the jurisdiction in which you obtained it without the
appropriate United States or foreign government licenses.
Governing Law.
This Agreement will be governed by the laws of the State of
Maryland as they are applied to agreements between Maryland
residents entered into and to be performed entirely within
Maryland. The United Nations Convention on Contracts for the
International Sale of Goods is specifically disclaimed.
Entire Agreement.
You agree that this is the entire agreement between you and
GRANT AVERETT, which supersedes any prior agreement, whether written
or oral, and all other communications between GRANT AVERETT and you
relating to the subject matter of this Agreement.
Reservation of rights.
All rights not expressly granted in this Agreement are reserved
