CrossFTP License

Your Agreement to this License

This License only applies to the executable code for the CrossFTP/CrossFTP Pro software and any accompanying distributable files, data and materials ("CrossFTP"). You should carefully read the following terms and conditions before using, installing, copying, or distributing CrossFTP/CrossFTP Pro. Unless otherwise agreed in a writing signed by an authorized representative of Crossworld, your use, installation, copying, or distribution of CrossFTP/CrossFTP Pro indicates your acceptance of this agreement ("License").

All copies of CrossFTP/CrossFTP Pro allow access to CrossFTP's Standard software features. Copies of CrossFTP/CrossFTP Pro registered using a Pro registration code also will allow access to the additional CrossFTP Pro software features. For a complete description of CrossFTP Pro's 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, or distribute CrossFTP/CrossFTP Pro. 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/CrossFTP Pro 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/CrossFTP Pro.

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/CrossFTP Pro, solely for your personal or internal business purposes.

If you have purchased one Pro license you have the right to install and use a copy of CrossFTP Pro on multiple computer or workstation, if each copy is used only by yourself. If you have purchased multiple licenses you have the right to install a copy of CrossFTP Pro on multiple computers, with user numbers up to the number of "Licensed Copies" that you have acquired, as determined below.

You may not give, transfer or sell copies of CrossFTP/CrossFTP Pro to your customer(s), or any third party, in whole or in part, nor include copies of CrossFTP/CrossFTP Pro, in whole or in part, in, or with, products you sell.

Each CrossFTP Pro Copy may be accessed through a network, provided that you have purchased a Licensed Copy for each end user that will access CrossFTP Pro through the network. For instance, if 8 different users will access CrossFTP Pro on the network, you must purchase 8 Licensed Copies of CrossFTP Pro, regardless of whether the 8 users will access CrossFTP Pro at different times, or concurrently.

For purposes of this License,

   1. if you have paid for a Pro License and received a valid Pro Registration Code, you are deemed to have a single "Licensed Copy" of CrossFTP Pro, and are authorized to access all software features, including those designated as Pro features;
   2. if you have paid for multiple Pro License and received a valid Pro Registration File or Code, you or your organization are deemed to have acquired a number of "Licensed Copies" of CrossFTP Pro equal to the number specified on the Info item in the "About" screen of CrossFTP Pro after installation of the valid Pro Registration File or Code, and are authorized to access all software features, including those designated as Pro features.

If you have purchased one or multiple Pro Licenses, you are responsible for duplicating and distributing CrossFTP Pro for use in accordance with the terms of this License, and for monitoring the number of copies of CrossFTP/CrossFTP Pro 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 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 use, install and distribute CrossFTP Pro 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, 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.

Warranty Disclaimers and Liability Limitations

CrossFTP/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/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. You acknowledge that good data processing procedure dictates that any program, including CrossFTP/CrossFTP Pro, 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/CrossFTP Pro 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/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/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/CrossFTP Pro in applications or systems where CrossFTP/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.

General

CrossFTP/CrossFTP Pro, 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/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, 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. 
