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License Statement
EMRYN FTP-SHOP
EMRYN LICENSE STATEMENT AND LIMITED WARRANTY
IMPORTANT - READ CAREFULLY
This license statement and limited warranty constitutes a
legal agreement ("License Agreement") between you (either
as an individual or a single entity) and Emryn
International ("Emryn") for the software product
("FTP-SHOP" / "Software") identified above, including any
software, media, and accompanying on-line or printed
documentation.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE,
YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF
THE LICENSE AGREEMENT. If you are the original purchaser
of the Software and you do not agree with the terms and
conditions of the License Agreement, promptly return the
unused Software to the place from which you obtained it for
a full refund.
Upon your acceptance of the terms and conditions of the
License Agreement, Emryn grants you the right to use the
Software - FTP-SHOP in the manner provided below.
FTP-SHOP is owned by Emryn or its suppliers and is
protected by copyright law and international copyright
treaty. Therefore, you must treat this Software like any
other copyrighted material (e.g., a book), except that you
may either make one copy of the Software solely for backup
or archival purposes or transfer the Software to a single
hard disk provided you keep the original solely for backup
or archival purposes.
You may transfer the Software and documentation on a
permanent basis provided you retain no copies and the
recipient agrees to the terms of the License Agreement.
Except as provided in the License Agreement, you may not
transfer, rent, lease, lend, copy, modify, translate,
sublicense, time-share or electronically transmit or
receive the Software, media or documentation. You
acknowledge that the Software in source code form remains a
confidential trade secret of Emryn and/ or its suppliers
and therefore you agree not to modify the Software or
attempt to reverse engineer, decompile, or disassemble the
Software, except and only to the extent that such activity
is expressly permitted by applicable law notwithstanding
this limitation.
If you have purchased an upgrade version of the Software,
it constitutes a single product with the Emryn software
that you upgraded. You may use or transfer the upgrade
version of the Software only in accordance with the License
Agreement.
This Software is subject to U.S. Commerce Department export
restrictions, and is intended for use in the country into
which Emryn sold it (or in the EEC, if sold into the
EEC).
ADDITIONAL LICENSE TERMS FOR Emryn FTP-SHOP Professional
Emryn grants to you as an individual, a personal, non-
exclusive license to install and use the Software on a
computer. If you are an entity, Emryn grants you the right
to designate one individual within your organization
("Named User") to have the right to use the Software in
the manner provided above.
LIMITED WARRANTY
This software is provided "as is," without warranty of any kind.
Emryn warrants that the Software, as updated and when properly
used, will perform substantially in accordance with the
accompanying documentation, and the Software media will be
free from defects in materials and workmanship, for a
period of thirty (30) days from the date of receipt. Any
implied warranties on the Software are limited to thirty
(30) days. Some states/ jurisdictions do not allow
limitations on duration of an implied warranty, so the
above limitation may not apply to you.
Emryn`s and its suppliers` entire liability and your
exclusive remedy shall be, at Emryn`s option, either (a)
return of the price paid, or (b) repair or replacement of
the Software that does not meet Emryn`s Limited Warranty
and which is returned to Emryn with a copy of your
receipt. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED
THE Emryn CUSTOMER SERVICE DEPARTMENT AND OBTAINED A
RETURN AUTHORIZATION NUMBER. This Limited Warranty is void
if failure of the Software has resulted from accident,
abuse, or misapplication. Any replacement Software will be
warranted for the remainder of the original warranty period
or thirty (30) days, whichever is longer. Outside the
United States, neither these remedies nor any product
support services offered by Emryn are available without
proof of purchase from an authorized non-U.S. source.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Emryn
AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH
REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM
STATE/ JURISDICTION TO STATE/ JURISDICTION.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL EMRYN OR ITS SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, 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 SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES, EVEN IF EMRYN HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, EMRYN`S
ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE
AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT
ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $25;
PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO AN Emryn
SUPPORT SERVICES AGREEMENT, EMRYN`S ENTIRE LIABILITY
REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS
OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES
The Software 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 Software could
lead directly to death, personal injury, or severe physical
or environmental damage ("High Risk Activities"). Emryn
and its suppliers specifically disclaim any express or
implied warranty of fitness for High Risk Activities.
GENERAL PROVISIONS
This statement may only be modified in writing signed by
you and an authorized officer of Emryn. If any provision
of this statement is found void or unenforceable, the
remainder will remain valid and enforceable according to
its terms. If any remedy provided is determined to have
failed for its essential purpose, all limitations of
liability and exclusions of damages set forth in the
Limited Warranty shall remain in effect.
This statement shall be construed, interpreted and governed
by the laws of the State of New Jersey, U.S.A. This
statement gives you specific legal rights; you may have
others which vary from state to state and from country to
country. Emryn reserves all rights not specifically
granted in this statement.