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- END USER LICENSE AGREEMENT FOR LIUXZ SOFTWARE
-
- IMPORTANT-READ CAREFULLY: Be sure to carefully read and understand all of the
- rights and restrictions described in this End-User License Agreement ("EULA").
- You will be asked to review and either accept or not accept the terms of the
- EULA. This software will not install on your computer unless or until you accept
- the terms of this EULA.
-
- Your click of the "I accept the agreement" button is a symbol of your signature
- that you accept the terms of the EULA. For your reference, you may refer to the
- copy of this EULA that can be found in the Help for this SOFTWARE.
-
- This EULA is a legal agreement between you (either an individual or a single
- entity) and Liuxz Software ("FTP Synchronizer") for the FTP Synchronizer
- software accompanying this EULA, which includes the accompanying computer
- software, and may include associated media, printed materials and any "online"
- or electronic documentation ("SOFTWARE"). By installing 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 may not install or use the SOFTWARE.
-
- SOFTWARE PRODUCT LICENSE
- 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.
-
- 1. GRANT OF LICENSE. This EULA grants you the following rights:
-
- ?Software - You may install, use, access, display, run, or otherwise interact
- with ("RUN") one copy of the SOFTWARE, on a single computer, workstation,
- terminal, handheld PC, pager, "smart phone," or other digital electronic
- device ("COMPUTER").
-
- ?Storage/Network Use - You may also store or install a copy of the SOFTWARE
- on a storage device, such as a network server, used only to RUN the SOFTWARE
- on your other COMPUTERS over an internal network; however, you must acquire
- and dedicate a license for each separate COMPUTER on which the SOFTWARE is
- RUN from the storage device. A license for the SOFTWARE may not be shared or
- used on different COMPUTERS.
-
- ?Reservation of Rights - All rights not expressly granted are reserved by
- Liuxz Software.
-
- ?Accessing Services Using the SOFTWARE - Your use of any service accessible
- using the SOFTWARE is not covered by this EULA and may be governed by
- separate terms of use, conditions or notices.
-
- 2. RESTRICTIONS.
-
- ?You must maintain all copyright notices on all copies of the SOFTWARE.
-
- ?Limitations of Reverse Engineering, Decompilation and Disassembly. You may
- not reverse engineer, decompile, or disassemble the SOFTWARE, except and only
- to the extent that such activity is permitted by applicable law
- notwithstanding this limitation.
-
- ?Rental. You may not rent or lease or lend the SOFTWARE.
-
- ?Software Transfer. You may permanently transfer all of your rights under
- this EULA one time, provided you retain no copies, you transfer all of the
- SOFTWARE (including all component parts, the media and printed materials, any
- upgrades, this EULA and, if applicable, the Certificate of Authenticity), you
- do not receive any payment or other compensation for transferring the
- SOFTWARE and the recipient agrees to the terms of this EULA. If the SOFTWARE
- portion is an upgrade, any transfer must include all prior versions of the
- SOFTWARE.
-
- ?Support Services. Liuxz Software may provide you with support services
- related to the SOFTWARE ("Support Services"), in its discretion. Use of
- Support Services, if any, is governed by the Liuxz Software policies and
- programs described in the user manual, in "online" documentation, and/or
- other Liuxz Software-provided materials. Any supplemental software code
- provided to you as a part of Support Services shall be considered part of the
- SOFTWARE and subject to the terms of this EULA. With respect to technical
- information you provide to Liuxz Software as part of the Support Services,
- Liuxz Software may use such information for its business purposes, including
- for product support and development. Liuxz Software will not utilize such
- technical information in a form that personally identifies you except to the
- extent necessary to provide you with support.
-
- ?Replacement, Modification and Upgrade of the Software. Liuxz Software
- reserves the right to replace, modify or upgrade the SOFTWARE at any time by
- offering you a replacement or modified version of the SOFTWARE or such
- upgrade and to charge for such replacement, modification or upgrade. Any such
- replacement or modified software code or upgrade to the SOFTWARE offered to
- you by Liuxz Software shall be considered part of the SOFTWARE and subject to
- the terms of this EULA (unless this EULA is superceded by a further EULA
- accompanying such replacement or modified version of or upgrade to the
- SOFTWARE). In the event that Liuxz Software offers a replacement or modified
- version of or any upgrade to the SOFTWARE, (a) your continued use of the
- SOFTWARE is conditioned on your acceptance of such replacement or modified
- version of or upgrade to the SOFTWARE and any accompanying superceding EULA
- and (b) in the case of the replacement or modified SOFTWARE, your use of all
- prior versions of the SOFTWARE is terminated.
-
- 3. TERMINATION. Without prejudice to any other rights, Liuxz Software may
- terminate this EULA if you fail to comply with the terms and conditions of this
- EULA. Liuxz Software may terminate this EULA by offering you a superceding EULA
- for the SOFTWARE or any replacement or modified version of or upgrade to the
- SOFTWARE and conditioning your continued use of the SOFTWARE or such
- replacement, modified or upgraded version on your acceptance of such superceding
- EULA. In addition, Liuxz Software may terminate this EULA by notifying you that
- your continued use of the SOFTWARE is prohibited. In the event that Liuxz
- Software terminates this EULA, you must immediately stop using the SOFTWARE and
- destroy all copies of the SOFTWARE and all of its component parts.
-
- 4. COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but
- not limited to any images, photographs, animations, video, audio, music, text
- and "applets," incorporated into the SOFTWARE), the accompanying printed
- materials, and any copies of the SOFTWARE, are owned by the respective content
- owner. 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.
- If this SOFTWARE contains documentation which is provided only in electronic
- form, you may print one copy of such electronic documentation. You may not copy
- the printed materials accompanying the SOFTWARE.
-
- 5. DISCLAIMER OF WARRANTIES. LIUXZ SOFTWARE AND ITS SUPPLIERS PROVIDE THE
- SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES
- AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED
- TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS
- FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK
- OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF
- QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE
- OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
-
- 6. EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
- IN NO EVENT SHALL LIUXZ SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY
- CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES
- WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR
- PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
- INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD
- FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS
- WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO
- USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
- OR OTHERWISE, EVEN IF LIUXZ SOFTWARE OR ANY SUPPLIER HAS BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN
- IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
-
- 7. LIMITATION AND RELEASE OF LIABILITY. To the full extent allowed by law, YOU
- HEREBY RELEASE FTP Synchronizer AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY
- ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. If you
- do not wish to accept the SOFTWARE under the terms of this EULA, do not install
- the SOFTWARE.
-
- 8. LAW AND FORUM. This Agreement shall be governed by and construed in
- accordance with the laws in force from time to time in the State of New South
- Wales and the Commonwealth of Australia and in the event of any claim or dispute
- arising in relation to this agreement the State and Federal Courts sitting in
- the State of New South Wales shall have exclusive jurisdiction to hear and
- determine the claim or dispute.
-
- 9. QUESTIONS. Should you have any questions, or if you desire to contact FTP
- Synchronizer for any reason, please contact us online at
- http://www.ftpsynchronizer.com/ or EMail : support@ftpsynchronizer.com
-