CrossFTP Pro Evaluation License
This license only applies to the evaluation version of CrossFTP Pro®. If you do not have an evaluation version of CrossFTP Pro, see the section titled CrossFTP Pro/Enterprise Registered License .
CrossFTP Pro ® License
Evaluation Version
Your Agreement to this License
This License only applies to the executable code for the version of the CrossFTP Pro software and any accompanying distributable files, data and materials ("CrossFTP Pro"). You should carefully read the following terms and conditions before using, installing, copying, distributing, or transmitting this software. By using, installing, copying, distributing, or transmitting CrossFTP Pro without registering your copy of CrossFTP Pro, you agree to all of the terms of this evaluation license agreement ("License"). Refer to CrossFTP Website for information about pricing, multi-user licensing, and registration options.
All registered copies of CrossFTP Pro allow access to CrossFTP's standard software features. Copies of CrossFTP Pro registered using a Pro registration code will also allow access to the additional CrossFTP Pro software features. Under the terms of this License, you will have the opportunity to experience the benefits of all Standard and Pro features for evaluation purposes. For a complete description of CrossFTP Standard and Pro features, refer to CrossFTP Website.
Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, distribute, or transmit CrossFTP Pro.
Scope of License
This is not free software. Subject to the terms below, you are hereby licensed by Crossworld to use for evaluation purposes only one (1) copy of CrossFTP Pro, on one (1) computer or workstation, without charge, for a period of 30 days after you first install CrossFTP Pro on any computer or workstation, during which period both the Standard and Pro features of the CrossFTP Pro software will be accessible. If you want to use this Pro software after the 30-day evaluation period, you must acquire from Crossworld for a fee a single-user license or multi-user license for CrossFTP Pro. Refer to CrossFTP Website for information about Pro license pricing, multi-user licensing, and ordering options. Use of CrossFTP Pro after the expiration of the 30-day evaluation period without acquiring such a license from Crossworld is outside the scope of this License and a violation of U.S. and international copyright laws.
Subject to all of the terms of this License, you may, without making any payment to Crossworld:
- give exact copies of CrossFTP Pro personally and without charge of any kind to anyone for evaluation purposes only, subject to the terms of this License, using tangible media of any kind or via e-mail (but not in a bulk mailing or through unsolicited bulk e-mails);
- distribute exact copies of CrossFTP Pro for evaluation purposes only, subject to the terms of this License, if done exclusively by allowing downloads through the public Internet and without charge of any kind; and
- make as many exact copies of CrossFTP Pro as you wish, for purposes of distribution as described in (1) and (2) above.
For purposes of the foregoing, an "exact copy" of CrossFTP Pro means a file that is identical, at the time you create the copy, to the CrossFTP Pro distribution file available at CrossFTP Website.
You are specifically prohibited from charging, or requesting donations, for any distributed copies, however made, or from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from Crossworld. Also, you are specifically prohibited from charging, or requesting donations, for providing access to any hyperlink or other method that allows a user to create or transfer electronically copies of CrossFTP Pro.
Crossworld reserves the right to revoke any or all distribution rights at any time, for any or no reason.
All rights of any kind in CrossFTP Pro which are not expressly granted in this License are entirely and exclusively reserved to and by Crossworld. CrossFTP Pro is protected by the United States copyright laws and other applicable national and international laws and treaties. You may not rent, lease, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, CrossFTP Pro, in whole or in part, nor permit anyone else to do so. You may not make access to CrossFTP Pro available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of CrossFTP Pro.
CrossFTP Pro includes a user selectable feature to check for software updates. By selecting the option to check for updates automatically, or manually invoking the feature, you are consenting to allow Crossworld to download and install updated files (such as language files) to your computer without further notice. When CrossFTP Pro downloads and installs any updated files, you can cancel this upgrade as wanted.
Warranty Disclaimers and Liability Limitations
CrossFTP Pro, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither Crossworld nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, CrossFTP Pro. Neither Crossworld nor any of its affiliates or licensors warrant that the operation of CrossFTP Pro will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file. This disclaimer of warranty constitutes an essential part of this License.
Except to the extent expressly prohibited by applicable statutes, Crossworld, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, CrossFTP Pro. Any liability of Crossworld, its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to Crossworld. Except to the extent expressly prohibited by applicable statutes, in no event shall Crossworld, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of CrossFTP Pro, or to your relationship with Crossworld, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.
In addition, in no event does Crossworld authorize you or anyone else to use CrossFTP Pro in applications or systems where CrossFTP Pro's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold Crossworld, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use.
Termination
Immediately upon expiration of the 30-day evaluation period for the license granted hereunder, you shall immediately discontinue any and all use of CrossFTP Pro. All provisions of this License that by their nature are intended to survive the expiration of the license granted hereunder shall survive and remain in full force and effect.
Indemnification
At your own expense, you shall indemnify, defend, and hold harmless Crossworld, its affiliates and licensors, and their directors, officers, trustees, shareholders, employees, agents, successors and assigns from and against any and all claims, expenses, losses, damages, costs, liabilities and judgments, including without limitation reasonable attorneys' fees and expenses, arising out of or relating to any claim resulting from or related to: (i) any use by you of CrossFTP Pro other than as expressly allowed by this License or in a manner inconsistent with any accompanying documentation; (ii) any breach of this License by you; or (iii) any violation of applicable law by you, your directors, officers, trustees, shareholders, employees, subsidiaries, agents, successors and assigns.
General
CrossFTP Pro, including, without limitation, the information included in its accompanying distributable files, data and materials and any related activation code and registration code files or information, and the know-how embodied in CrossFTP Pro, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by Crossworld, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of Crossworld and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes or registration code files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License.
This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements.
There are no third-party beneficiaries of any promises, obligations, or representations made by Crossworld herein.
Any waiver by Crossworld of any violation of this License by you shall not constitute, nor contribute to, a waiver by Crossworld of any other or future violation by you of the same provision, or any other provision, of this License. You acknowledge and agree that monetary damages alone would not be an adequate remedy in the event of a material breach by you of your obligations or agreements under this License and that, in such event, Crossworld or any of its affiliates shall be entitled to injunctive relief to require you to comply with its obligations hereunder. Any remedy available under this License shall be cumulative and not exclusive of any other remedy available Crossworld or any of its affiliates under this License, at law or in equity.
If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.