License

FILE TRANSFER COMMAND LINE LICENSE STATEMENT AND LIMITED WARRANTY

IMPORTANT - READ CAREFULLY

This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and JSCAPE, LLC. ("JSCAPE") for the software product ("Software") identified above, including any software, media, and accompanying on-line or printed documentation.

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.

Upon your acceptance of the terms and conditions of the License Agreement, JSCAPE grants you the right to use the Software in the manner provided below.

This Software is owned by JSCAPE and is protected by copyright law and international copyright treaty. Therefore, you must treat this Software like any other copyrighted material (e.g., a book), except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.

You may transfer the Software and documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of the License Agreement. Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sub-license, time-share or electronically transmit or receive the Software, media or documentation.

You acknowledge that the Software is a confidential trade secret of JSCAPE and therefore you agree not to reverse engineer, decompile, or disassemble the Software.  

SINGLE LICENSE

If you have purchased the Single Server License, JSCAPE grants to you as an organization operating at a single geographical location, a nonexclusive license to install and use the Software for the sole purposes of executing FILE TRANSFER COMMAND LINE scripts. You may install a copy of the Software on a single machine with right to use the Software in the manner provided above.

SITE LICENSE

If you have purchased the Site Server License,  JSCAPE grants to you as an organization operating at a single geographical location, a nonexclusive license to install and use the Software for the sole purposes of executing FILE TRANSFER COMMAND LINE scripts. You may install a copy of the Software on an unlimited number of machines at a single geographical location with right to use the Software in the manner provided above.

ENTERPRISE LICENSE

If you have purchased the Enterprise Server License,  JSCAPE grants to you as an organization operating at a multiple geographical locations, a nonexclusive license to install and use the Software for the sole purposes executing FILE TRANSFER COMMAND LINE scripts. You may install a copy of the Software on an unlimited number of machines that you own at multiple geographical locations with right to use the Software in the manner provided above. Subcontractors outside of your organization may use the Software only for projects in which they are employed by your organization.

ADDITIONAL LICENSE TERMS FOR EVALUATION VERSION

The evaluation version of Software may be used free of charge for a period of no more than 30 days without registering the Software with JSCAPE or one of our authorized resellers. After the 30 day evaluation period you have the option of either registering the Software or removing the Software from your system completely. Failure to register Software or remove the Software from system after the 30 day evaluation period will be a violation of this software agreement.

LIMITED WARRANTY

JSCAPE warrants that the Software, as updated and when properly used, will perform substantially in accordance with the accompanying documentation, and the Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JSCAPE AND ITS SUPPLIERS DISCLAIM ALL OTHER 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. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JSCAPE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS 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 JSCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

HIGH RISK ACTIVITIES

The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). JSCAPE and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

U.S. GOVERNMENT RESTRICTED RIGHTS

The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in sub-paragraphs ©(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or sub-paragraphs ©(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.

GENERAL PROVISIONS

This License Agreement may only be modified in writing signed by you and an authorized officer of JSCAPE. If any provision of this License Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.

This License Agreement shall be construed, interpreted and governed by the laws of the State of Delaware, U.S.A. This License Agreement gives you specific legal rights; you may have others which vary from state to state and from country to country. JSCAPE reserves all rights not specifically granted in this License Agreement.