CERBERUS, LLC
END USER LICENSE AGREEMENT
CERBERUS FTP SERVER
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Software License Agreement for Cerberus FTP Server
IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS DEFINED BELOW),
COPYING THE SOFTWARE AND/OR CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU (EITHER ON
BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED
REPRESENTATIVE, IN WHICH CASE THE ENTITY TAKES ON ALL RESPONSIBILITIES AND
LIABILITIES AS THE LICENSEE UNDER THIS EULA) AGREE TO ALL OF THE TERMS OF THIS END
USER LICENSE AGREEMENT ("AGREEMENT") REGARDING YOUR USE OF THE SOFTWARE. IF YOU
DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON
AND/OR DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
1. GRANT OF LICENSE:
Subject to the terms below, Cerberus, LLC ("Cerberus, LLC") hereby grants you a
perpetual, non-exclusive, non-transferable, revocable license to install and to use
the downloadable version of Cerberus FTP Server ("Software").
If you are licensing the Software as an individual or not-for-profit charitable
entity (as set forth in U.S.C., Title 26, Section 501 (c)(3)(excluding governmental
entities and educational institutions)) only, a Home edition license will be
free to you for the term of the Agreement and you may: (i) install and use the
Software on a single computer for your personal, internal use and in no event for
the benefit of a company, for-profit entity, governmental entity, or educational
institution; and (ii) copy the Software media for back-up or archival purposes.
Each instance of a Virtual Machine (VM) on which the Software is installed is
considered one computer.
If you are licensing the Software on behalf of a for-profit entity, governmental
entity, or educational institution, your license will be free for an introductory
twenty-five (25) day period and, should you elect to purchase the full license,
will continue perpetually. During the introductory period, or the full license term,
if you elect to purchase it, you may:
(i) install and use the Software for your internal use on the number of computers
for which you have paid license fees; and
(ii) copy the Software for back-up or archival purposes. Whether you are licensing
the Software as an individual or on behalf of an entity, you may not:
(iii) reverse engineer, decompile, or disassemble the Software; (iv) modify, or
create derivative works based upon, the Software in whole or in part;
(v) distribute copies of the Software;
(vi) remove any proprietary notices or labels on the Software; or
(vii) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to
the Software without the prior written consent of Cerberus, LLC.
2. TITLE:
You acknowledge that no title to the intellectual property in the Software is
transferred to you. Title, ownership, rights, and intellectual property rights in
and to the Software shall remain with Cerberus, LLC. The Software is protected by
copyright and patent laws of the United States and international treaties.
3. UPDATES:
From time to time, Cerberus, LLC may make available updates to the Software. You
may download and install or otherwise use those updates to the Software that are
released by Cerberus, LLC within one year of Software registration date. All updates
to the Software are governed by this Agreement, unless other license terms are
provided with the update.
4. DISCLAIMER OF WARRANTY:
YOU AGREE THAT CERBERUS, LLC HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO
YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU "AS IS"
WITHOUT WARRANTY OF ANY KIND. CERBERUS, LLC DISCLAIMS ANY AND ALL OTHER
WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, SECURITY, AND FITNESS FOR A PARTICULAR PURPOSE.
5. INDEMNITY AND LIMITATION OF LIABILITY:
Indemnity. You agree to indemnify, defend and hold Cerberus, LLC and its principals,
employees, contractors, suppliers, and agents harmless from any and all claims and/or
demands, including reasonable attorneys’ fees, made by any third party in connection
with or arising out of (a) any use or misuse by you (or anyone using your account) of
the Software; (b) any act or omission to act by you related to the Software; or
(c) harm of any kind caused to any third party in any way involving the Software.
Limitation of Liability. You assume the entire risk of using the program. IN NO
EVENT SHALL CERBERUS, LLC BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST
PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF
ANY KIND ARISING OUT OF THE USE OF CERBERUS, LLC'S SOFTWARE, EVEN IF CERBERUS, LLC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CERBERUS, LLC'S
LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY,
EXCEED THE LICENSE FEE PAID BY YOU, PROVIDED, HOWEVER, IF THE RELEVANT PRODUCT WAS
PROVIDED TO YOU AT NO CHARGE YOU AGREE CERBERUS, LLC SHALL NOT BE LIABLE TO YOU FOR
ANY DAMAGES. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT
PERMITTED BY LAW.
6. TERMINATION:
The license shall be revoked and this Agreement shall terminate automatically if you
fail to comply with the limitations described in this Agreement. No notice shall be
required from Cerberus, LLC to effectuate such revocation. Upon revocation, except
for failure to renew, you must uninstall and destroy all copies of the Software. If
you do not elect to continue the license following the expiration of the introductory
period or you do not renew any one (1) year Service Agreement with Cerberus, LLC,
your perpetual license will continue but you will no longer receive support for the
Software.
7. MISCELLANEOUS:
Severability.
In the event of invalidity of any provision of this Agreement, the parties agree that
such invalidity shall not affect the validity of the remaining portions of this
Agreement.
Export Law Assurance.
You acknowledge and agree that the Software is subject to the U.S. Export
Administration Regulations. Diversion of such Software contrary to U.S. law is
prohibited. You agree that none of the Software, which is subject to the U.S.
Export Administration Act, is being or will be acquired for, shipped, transferred, or
re-exported, directly or indirectly, to proscribed or embargoed countries or their
nationals, not be used for nuclear activities, chemical or biological weapons, or
missile projects unless authorized by the U.S. government. Proscribed countries are
set forth in the U.S. Export Administration Regulations. You certify that you are not
on the U.S. Department of Commerce’s Denied Persons List. You are responsible for
complying with any applicable local laws, including but not limited to the export and
import regulations of other countries. These obligations survive expiration or
termination of this EULA.
Governing Law.
This EULA will be governed by Virginia law and the United States of America, without
regard to its choice of law principles. The United Nations Convention for the
International Sale of Goods shall not apply.
Entire Agreement.
You agree that this is the entire agreement between you and Cerberus, LLC, which
supersedes any prior agreement, whether written or oral, and all other communications
between Cerberus, LLC and you relating to the subject matter of this Agreement.
Reservation of rights.
All rights not expressly granted in this Agreement are reserved by Cerberus, LLC.
© 2000 - 2018 Cerberus, LLC. All rights reserved.