END USER LICENSE AGREEMENT
Software License Agreement for OurWebFTP.
IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS DEFINED 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, DO NOT INSTALL OR USE THE OurWebFTP.
1. GRANT OF LICENSE:
Subject to the terms below, Hitcode hereby grants you a non-exclusive, non-transferable license to install and to use OurWebFTP ('Software').
Under this license, you may:
(i) install and use the Software;
(ii) allow to use software the unlimited number of your web site users whom
you decide to grant the access to this software;
(iii) copy the Software for back-up purposes;
(iv) modify the Software in whole or in part to fit your special requrements.
Whether you are licensing the Software as an individual or on behalf of an entity,
you may not:
(i) remove Hitcode and OurWebFTP proprietary notices and labels on the Software and insert yours;
(ii) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to
the Software or any modifications based on the Software.
2. COPYRIGHT
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 that of Hitcode . The Software is protected by
copyright laws and international treaty provisions.
3. DISCLAIMER OF WARRANTY:
YOU AGREE THAT Hitcode 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. Hitcode DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER
EXPRESSED, IMPLIED, OR STATUTORY. YOUR RIGHTS MAY VARY DEPENDING ON THE STATE IN
WHICH YOU LIVE. Hitcode SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER,
RELIANCE, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT.
4. LIMITATION OF LIABILITY:
You use this program solely at your own risk.
IN NO EVENT SHALL Hitcode BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED
TO ANY LOSS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING
OUT OF THE USE OF THE SOFTWARE, EVEN IF Hitcode HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL Hitcode BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT,
OR ANY OTHER THEORY OF LIABILITY, EXCEED THE COST OF THE SOFTWARE. THIS LIMITATION SHALL
APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.
5. TERMINATION:
This Agreement shall terminate automatically if you fail to comply with the limitations
described in this Agreement. No notice shall be required to effectuate such termination. Upon termination, you must remove and destroy all copies of the Software.
6. MISCELLANEOUS:
All rights not expressly granted in this Agreement are reserved by Hitcode.