CrossFTP Pro/Enterprise Registered License
This registered license is for users who have obtained from Crossworld a valid registration code for CrossFTP Pro/Enterprise. If you have not obtained a valid registration code for CrossFTP Pro/Enterprise, see the section titled CrossFTP Evaluation License .
CrossFTP Pro/Enterprise® License
Registered Version
Your Agreement to this License
This License only applies to the executable code for the CrossFTP Pro/Enterprise software and any accompanying distributable files, data and materials ("CrossFTP Pro/Enterprise"). You should carefully read the following terms and conditions before using, installing, copying, or distributing CrossFTP Pro/Enterprise. Unless otherwise agreed in a writing signed by an authorized representative of Crossworld, your use, installation, copying, or distribution of CrossFTP Pro/Enterpise indicates your acceptance of this agreement ("License").
All registered copies of CrossFTP Pro allow access to CrossFTP's Standard software features. Copies of CrossFTP Pro/Enterprise registered using a Pro/Enterprise registration code also will allow access to the additional CrossFTP Pro/Enterprise software features. For a complete description of CrossFTP Pro/Enterprise's Standard and Pro/Enterprise 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, or distribute CrossFTP Pro/Enterprise. In addition, if you paid a license fee to Crossworld or an authorized Crossworld reseller, you may return to Crossworld or the reseller, as applicable, a copy of the registration code and activation code, if any, and a signed Affidavit of De-Installation and Non-Use in the form set forth on the CrossFTP Pro/Enterprise website, within thirty (30) days after purchase, for a full refund of the license fee.
The terms and conditions of this License describe the permitted use and user(s) of each Licensed Copy of CrossFTP Pro/Enterprise.
Scope of License
Subject to the terms of this License, Crossworld grants to you, for each Licensed Copy, a limited, non-exclusive, non-transferable, royalty-free, license to install and use CrossFTP Pro/Enterprise, solely for your personal or internal business purposes.
If you have purchased a single-user license you have the right to install and use a single copy of CrossFTP Pro/Enterprise on one computer or workstation. If you have purchased a multi-user license you have the right to install a copy of CrossFTP Pro/Enterprise on multiple computers up to the number of "Licensed Copies" that you have acquired, as determined below.
You may not give, transfer or sell copies of CrossFTP Pro/Enterprise to your customer(s), or any third party, in whole or in part, nor include copies of CrossFTP Pro/Enterprise, in whole or in part, in, or with, products you sell.
Each Licensed Copy may be accessed through a network, provided that you have purchased a Licensed Copy for each workstation that will access CrossFTP Pro/Enterprise through the network. For instance, if 8 different workstations will access CrossFTP Pro/Enterprise on the network, you must purchase 8 Licensed Copies of CrossFTP Pro/Enterprise, regardless of whether the 8 workstations will access CrossFTP Pro/Enterprise at different times, or concurrently.
For purposes of this License,
- if you have paid for a Single-User Pro/Enterprise License and received a valid Pro/Enterprise Registration Code, you are deemed to have a single "Licensed Copy" of CrossFTP Pro/Enterprise, and are authorized to access all software features, including those designated as Pro/Enterprise features;
- if you have paid for a Multi-User Pro/Enterprise License and received a valid Pro/Enterprise Registration File or Code, you or your organization are deemed to have acquired a number of "Licensed Copies" of CrossFTP Pro/Enterprise equal to the number specified on the Info item in the "About" screen of CrossFTP Pro/Enterprise after installation of the valid Pro/Enterprise Registration File or Code, and are authorized to access all software features, including those designated as Pro/Enterprise features.
If you have purchased a Multi-User Standard License or Multi-User Pro/Enterprise License, you are responsible for duplicating and distributing CrossFTP Pro/Enterprise for use in accordance with the terms of this License, and for monitoring the number of copies of CrossFTP Pro/Enterprise installed and used by your organization. For more information regarding multi-user licenses, please visit the Crossworld website at CrossFTP website.
All rights of any kind in CrossFTP Pro/Enterprise which are not expressly granted in this License are entirely and exclusively reserved to and by Crossworld. CrossFTP Pro/Enterprise is protected by the United States copyright laws and other applicable national and international laws and treaties.
You may use, install and distribute CrossFTP Pro/Enterprise solely as expressly provided in this License. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, CrossFTP Pro/Enterprise, in whole or in part, nor permit anyone else to do so. You may not make access to CrossFTP Pro/Enterprise 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/Enterprise.
Warranty Disclaimers and Liability Limitations
CrossFTP Pro/Enterprise, 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/Enterprise. Neither Crossworld nor any of its affiliates or licensors warrant that the operation of CrossFTP Pro/Enterprise 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. You acknowledge that good data processing procedure dictates that any program, including CrossFTP Pro/Enterprise, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of CrossFTP Pro/Enterprise covered by this License. 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/Enterprise. 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/Enterprise, 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/Enterprise in applications or systems where CrossFTP Pro/Enterprise'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.
General
CrossFTP Pro/Enterprise, including, without limitation, the information included in its accompanying distributable files, data and materials and any activation code and registration code files or information, and the know-how embodied in CrossFTP Pro/Enterprise, 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, registration codes, or registration 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.
You may not assign, sublicense, subcontract, or otherwise transfer any of your rights or obligations or delegate any of your duties under this License, in whole or in part, without the prior written consent of Crossworld. Notwithstanding anything to the contrary, any assignment of this License or any rights or obligations hereunder is contingent upon the intended assignee agreeing to be bound by the terms of this License and all responsibilities and obligations of the assignor hereunder.
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.
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.