EULA (End User License Agreement)

1. General

This End-User License Agreement ("EULA") is a legal agreement between you and Lester Clayton Limited for the EFTP products identified above, which may include computer software and associated media, electronic documentation and printed materials ("The Software"). By installing, copying, distributing 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 you must not install, use or distribute The Software, and you must destroy all copies of The Software that you have.

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold and always remains the property of Lester Clayton Limited.

2. Licensing

This software has two licensing options available.  If you have not paid for The Software, you are hereby granted a free license to use The Software as described in Sections 1, 2.1 and Sections 3 - 10 below.

If you have paid the appropriate fee for The Software, you are hereby granted a license to use The Software as described in Sections 1, 2.2 and Sections 3 - 10 below.

2.1. Free License

You may: 

Subject to the terms of this EULA, use The Software for personal purposes without charge.  This includes the use of this software for personal purposes at places of business, but does not include business use at a place of residence.

You may not: 

Use The Software for business purposes, except if you are uploading files to a EFTP Server to a company that has purchased this software.

Use of The Software to host a server for business purposes requires payment of a license to Lester Clayton Limited. For more information about payment methods, please see the The Software web page at http://www.eftp.org
Use of The Software for hosting a server for business use without a license is in violation of this EULA, and British and international copyright laws.

2.2. Corporate License

You may: 

Subject to the terms of this EULA, and subject to the license that you have purchased, host a server or servers for remote users to connect to.  For a single server license, you may not run more than 1 server at one time.  For a multi server license, you may host as many servers on as many machines in your organization.  This does not include partners, sister companies or subsidiaries.

3. Restrictions

You may not reverse engineer, decompile, 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 except as described in Section 7 below.

4. Transfer of Rights

You may permanently transfer all of your rights under this EULA, provided you retain no copies of The Software, you transfer all of The Software (including all component parts, documentation upgrades, and this EULA), and the recipient agrees to the terms of this EULA. If The Software is an upgrade, any transfer must include all prior versions of The Software.

5. Termination

Without prejudice to any other rights, Lester Clayton Limited 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

All title, including but not limited to copyrights, in and to The Software and any copies thereof are owned by Lester Clayton Limited. All title and intellectual property rights in and to the content which may be accessed through use of The Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Lester Clayton Limited.

7. Limited Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LESTER CLAYTON LIMITED DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. LESTER CLAYTON LIMITED DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

8. Limitations of Remedies and Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LESTER CLAYTON LIMITED BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LESTER CLAYTON LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, LESTER CLAYTON LIMITED’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR £GBP 5.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. Distribution

You are hereby licensed to make as many copies of the installation package for The Software as you wish; give exact copies of the original installation package for The Software to anyone; and distribute the original installation package for The Software in its unmodified form via electronic or other means.

You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing The Software including documentation with other products (commercial or otherwise) without prior written permission from Lester Clayton Limited. You are also prohibited from distributing components of The Software other than the complete original installation package.

10. Jurisdiction

This EULA shall be governed by the laws of The United Kingdom.