Robo-FTP License Agreement
The following terms represent a legal agreement (the "Agreement") between you the end user and Serengeti Systems Incorporated (the "Company") which governs the use of the enclosed software program (the "Program"). For purposes of this Agreement, the Program shall include all copyrighted files in this package, all updates to these files, and all related documentation included with the product.
- LICENSE. The Company grants to you a non-exclusive License to (a) use one copy of the Program on a single computer, (b) make one copy of the software solely for back-up purposes, and (c) transfer the License permanently provided you retain no copies and the recipient first agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the Program.
- COPYRIGHT. The Company or its suppliers owns the Program and the copyrights thereto and has the authority to enter into this Agreement and to grant you a license to use the Program. The Program is protected by applicable copyright laws and may not be reproduced in any form except in accordance with this Agreement.
- LABELING. You shall not remove any copyright notices or other proprietary legends contained within the Program. You shall not reproduce or include any of the Company's trademarks or trade names without the Company's specific prior written consent.
- TERM. The License is effective until terminated in accordance with this Agreement. If you breach any of the terms of this Agreement the License is terminated immediately. You may terminate your License at any time by discontinuing use of the Program and destroying or returning to the Company all copies of the Program.
- EXPORT CONTROL. The Program (and any underlying information, technology, and/or components) may NOT be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using the Program, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. The Program contains encryption technology that is controlled for export by the U.S. government under the Export Administration Act. In addition to other restrictions described in this document, you may not use the Program, or export the Program to any destination where you know, or have good reason to believe, that the Program may be used in connection with the proliferation of nuclear, chemical or biological weapons or missiles.
- HIGH RISK USAGE. The Program 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 Program could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Usage"). Serengeti Systems Incorporated specifically disclaims any express or implied warranty of fitness for High Risk Usage.
- LIMITED WARRANTY. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS ASSUMED BY YOU. YOU ARE RESPONSIBLE FOR THE SELECTION AND USE OF THE PROGRAM TO ACHIEVE YOUR INTENDED RESULTS. THE COMPANY WARRANTS ONLY THE MEDIA (IF ANY) ON WHICH THE PROGRAM IS DISTRIBUTED WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE AND SERVICE FOR A PERIOD OF THIRTY (30) DAYS FROM DATE OF RECEIPT. ANY IMPLIED WARRANTIES ON THE PROGRAM IS LIMITED TO THIRTY (30) DAYS.
- CUSTOMER REMEDIES. THE COMPANY'S AND ITS SUPPLIERS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT THE COMPANY'S OPTION, EITHER (A) RETURN THE PRICE PAID, OR (B) REPAIR OR REPLACEMENT OF THE PROGRAM THAT DOES NOT MEET THE COMPANY'S LIMITED WARRANTY AND WHICH IS RETURNED TO THE COMPANY WITH A COPY OF YOUR RECEIPT. THIS LIMITED WARRANTY IS VOID IF FAILURE OF THE PROGRAM HAS RESULTED FROM ACCIDENT, ABUSE, OR MISAPPLICATION.
- NO OTHER WARRANTIES. THE COMPANY AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE PROGRAM.
- NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO 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 PROGRAM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- U.S. GOVERNMENT RESTRICTED RIGHTS. If the Product is acquired on behalf of a unit or agency of the United States Government this provision applies. The Product is commercial computer software developed solely at private expense. The rights of civilian and non-civilian agencies of the U.S. Government to use, disclose and reproduce the Software are governed by the terms of this License. The manufacturer of the Product is Serengeti Systems Incorporated, 1108 Lavaca Street Ste 110, PMB 431, Austin, Texas, 78701.
This warranty gives you specific legal rights. You may also have other rights which vary from state to state.
This Agreement is governed by the laws of the State of Texas. The export of Robo-FTP is governed by the U.S. Department of Commerce under the export administration regulations. It is your responsibility to comply with all such regulations.