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License Agreement for FTP Guard Professional Edition

1. PARTIES TO LICENSE

This License governs the use of FTP Guard Professional Edition, referred to in this License as the "Software". In this License, FTPGuard.com is referred to as "we" (or derivations thereof) and the party authorized to use all or any part of the Software is referred to as "you" (or derivations thereof).

2. LICENSE TO USE SOFTWARE

Your use of the Software or your installation of the Software on any of your computers signifies your acceptance of the terms of this License. Your right to continue to use the Software is subject to your full compliance with all the provisions of this License.

We grant to you a personal and non-exclusive license to use those parts of the Software for which you have paid all applicable fees. Only you and your employees may use the Software.

This License permits you to install only one instance of the Software on a single computer.

You may make a single copy of the Software solely for the purpose of back-up.

You agree (a) the Software is a valuable asset of ours and is supplied to you on a restricted and confidential basis; (b) the Software will be kept secret and confidential by you at all times unless specifically authorized by us; (c) all copyright in the Software is retained and title to the copy of the Software which is delivered to you and to any copies, reproductions, adaptations, enhancements or translations made of the Software and interfaces with the Software is also retained by us and to the extent necessary you hereby assign intellectual property rights in same to us; (d) at all times to take reasonable steps to protect the Software from unauthorized access and use; (e) to give notice of any infringement of copyright or any of our rights which comes to your attention; and (f) before disposing of any media, to ensure any of the Software contained on it has been erased or destroyed.

You must not sell, transfer, assign, sublicense, rent or otherwise deal with any of the rights granted under this License.

You may not modify, alter, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software.

If you upgrade the Software to a higher version, this License is terminated and your rights shall be limited to the License associated with the higher version.

This License will automatically terminate if you fail to comply with any of the terms and conditions hereof. In such event, you must destroy all copies of the Software and all of its component parts.

3. EXCLUSION OF WARRANTIES AND LIABILITY

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE NEITHER MAKE ANY WARRANTY NOR APPROVE THE MAKING OF ANY REPRESENTATION THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY SOFTWARE DEFECTS ARE CORRECTABLE OR WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR ENSURING THAT THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS.

If circumstances arise where you are entitled to claim damages from us (or any other party involved in the development or maintenance of the Software) notwithstanding the other provisions of this License, our liability (and the liability of any other party involved in the development or maintenance of the Software) to you for the aggregate of all such claims (regardless of the basis on which you are entitled to claim from us including, without limitation, negligence) is limited to the lesser of
(a) the amount of any actual loss or damage which you sustain; (b) the amount of the license fees paid by you with respect to the relevant part of the Software; and (c) our cost of replacing or repairing any defective Software. We are not liable for losses or damages of third parties claimed against you howsoever arising. In no event will we be liable for lost profits, lost savings or any other incidental or consequential damages even if we have been advised of the possibility of such damages.