End-User License Agreement

Please read this entire agreement.

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the author of this software TurboSoft,Inc (AUTHOR) for the software product TurboFTP Server, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.

1. GRANT OF LICENSE.

A. Evaluation License. If you acquired the license for the SOFTWARE on an evaluation or trial basis, you may use the SOFTWARE without charge for thirty (30) days from the day that you install the SOFTWARE. You must pay the license fee and acquire a license of your copy to continue to use the SOFTWARE after the thirty (30) day evaluation period.

B. Standard License.

a) Server Program. You may use one copy of the Server Program on that number of server computers for which you have purchased a separate license as indicated on your invoice or sales receipt. A server computer may include up to two processors on a single server computer.

b) Administrator Interface. For so long as you are licensed to use the Server Program, you may copy, install and use the Administrator Interface on as many computers as you wish.

2. SCOPE OF GRANT

You may not decompile, disassemble or otherwise reverse engineer the SOFTWARE, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the SOFTWARE. You may not modify, rent, or resell for profit this SOFTWARE, or create derivative works based upon this SOFTWARE. You may not publicize or distribute any registration code algorithms, information, or registration codes used by this SOFTWARE without permission from the AUTHOR.

In no event shall the AUTHOR's liability exceed the purchase price of the SOFTWARE.

3. COPYRIGHT

This SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

4. TRANSFER RESTRICTIONS

You may not rent, lease, lend or sublicense the SOFTWARE. You may, however, with the prior written consent of the AUTHOR, make a one-time permanent transfer of all of your license rights to the SOFTWARE to another party, provided that: (a) the transfer must include all of the SOFTWARE, including all component parts, programs, media, printed materials, all registration serial numbers and this license; (b) you do not retain any copies of the SOFTWARE, full or partial, including copies stored on a computer or other storage device, and (c) the person to whom you transfer the SOFTWARE agrees to be bound by the terms of this license.  If you purchased the license for the SOFTWARE on a multi-computer basis-that is, one registration serial number valid for the number of computers indicated on your invoice-you may permanently transfer your rights to one person only.

5. DISTRIBUTION

Only the evaluation version of this SOFTWARE may be freely distributed.

Provided that you verify that you are distributing the evaluation version, you may distribute this SOFTWARE on on-line services, bulletin boards, or other electronic media provided that it is not modified and the original archive remains intact with all accompanying files, and provided that no fee is charged. This SOFTWARE may not be distributed on CD-ROM, disk, or other physical media for a fee without the permission of the AUTHOR.

6. TERMINATION

This agreement terminates if you fail to comply with its terms and conditions.  If your agreement terminates, you must destroy all copies of the SOFTWARE.

7. EXPORT RESTRICTIONS

This SOFTWARE is subject to export control. The SOFTWARE may be transmitted, exported, or re-exported only under applicable export laws and restrictions and regulations of the United States Bureau of Industry and Security or foreign agencies or authorities. By downloading or using the SOFTWARE, you are agreeing to comply with export controls. The SOFTWARE may not be downloaded or otherwise exported or re-exported to any country subject to U.S. trade sanctions governing the SOFTWARE, sanctioned countries including Cuba, Iran, North Korea, Sudan, and Syria, or by citizens or residents of such countries except citizens who are lawful permanent residents of countries not subject to such sanctions, or by anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders.

8. DISCLAIMER OF WARRANTY

THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.