This License Agreement details the policy for license of 2.3.5 Free Edition ("Licensed Software") on the following topics:
|
- Free Edition License
- Technical Support
- Sponsored Advertisement
|
Please read the following license carefully, before either
(i) completing the electronic order or download of the Licensed Software
from an authorized website, or
(ii) installing the Licensed Software from
media that was delivered after being ordered by alternative order process,
as applicable.
You acknowledge that you have read this License Agreement,
have understood it, and agree to be bound by its terms. If you do not agree
to the terms and conditions of this Agreement, either
(i) exit the web site
page without continuing the ordering process, or
(ii) return the provided
unused media and documentation within thirty (30) days from the date of
shipment of the Licensed Software for a full refund of your payment, as
applicable.
|
Free Edition License:
|
grants you a non-exclusive, non-transferable, world-wide license to use the
Free Edition of the Licensed Software, in binary object form, for no cost in perpetuity. The Free
Edition License allows you to install and use the Licensed software on up to 3 computers within
the same subnet. A fee-bearing upgrade to Professional Edition of the Licensed Software is
required if you want to use it in more than 3 computers within the same subnet or if you want to
install and use the Licensed software across different subnets. If you are not willing to use the
Free Edition of the Licensed Software, delete all the copies installed in your computer with immediate effect. You are forbidden from using the Licensed Software for any other use or
otherwise offering it for resale under the terms of this Section 1. retains all
rights not specifically granted to you herein.
|
Third Party Products:
|
|
The Licensed Software may contain software which originated with third
party vendors and without limiting the general applicability of the other
provisions of this Agreement, you agree that (a) the title to any third party
software incorporated in the Licensed Software shall remain with the third
party which supplied the same; and (b) you will not distribute any such
third party software available with the Licensed Software, in any manner,
unless the license of the third party software states otherwise.
|
Restrictions on Use:
|
|
In addition to all other terms and conditions of this Agreement, you shall not:
|
- install the Licensed Software in more computers than the number of computers
the license is granted for;
-
use the licensed software beyond the time period the license is granted for;
-
remove any copyright, trademark or other proprietary notices from the
Licensed Software or its copies;
-
rent, lease, license, sublicense or distribute the Licensed Software or any
portions of it on a standalone basis or as part of your application;
-
modify or enhance the Licensed Software;
-
use the Licensed Software in a computer-based services business or
publicly display visual output of the Licensed Software or use the
Licensed Software for the benefit of any other person or entity;
-
reverse engineer, decompile or disassemble the Licensed Software.
-
allow any third parties to access, use or support the Licensed Software.
|
Technical Support:
|
does not offer any form of support as part of the Free Edition License
of the Licensed Software. A fee-bearing upgrade to the Professional Edition of the Licensed
software is required to be eligible for technical support from .
|
Sponsored Advertisement
|
reserves the right to display any
advertisement/advertisements in the user interface of the Free
Edition of the Licensed Software.
|
Ownership and Intellectual Property:
|
|
owns all right, title and interest in and to the
Licensed Software. expressly reserves all rights
not granted to you herein, notwithstanding the right to discontinue or
not to release any Licensed Software and to alter prices, features,
specifications, capabilities, functions, licensing terms, release dates,
general availability or characteristics of the Licensed Software. The
Licensed Software is only licensed and not sold to you by
.
|
Audit:
|
|
has the right to audit your Use of the Licensed
Software by providing at least seven (7) days prior written notice of
its intention to conduct such an audit at your facilities during normal
business hours.
|
Confidentiality:
|
|
The Licensed Software contains proprietary information of
Technologies that are protected by the laws of the United States and
you hereby agree to take all reasonable efforts to maintain the
confidentiality of the Licensed Software. You agree to reasonably
communicate the terms and conditions of this Agreement to those
persons employed by you who come into contact with or access the
Licensed Software, and to use reasonable efforts to ensure their
compliance with such terms and conditions, including but not
limited to, not knowingly permitting such persons to use any
portion of the Licensed Software for a purpose that is not allowed
under this Agreement.
|
Warranty Disclaimer:
|
|
does not warrant that the Licensed Software
will be error-free. Except as provided herein, the Licensed Software is
furnished "as is" without warranty of any kind, including the warranties
of merchantability and fitness for a particular purpose and without
warranty as to the performance or results you may obtain by using the
Licensed Software. You are solely responsible for determining the
appropriateness of using the Licensed Software and assume all risks
associated with the use of it, including but not limited to the risks of
program errors, damage to or loss of data, programs or equipment, and
unavailability or interruption of operations.
Because some jurisdictions do not allow for the exclusion or limitation
of implied warranties, the above exclusions or limitations may not apply to you.
|
Limitation of Liability:
|
|
In no event will be liable to you or any third party
for any special, incidental, indirect, punitive or exemplary or consequential
damages, or damages for loss of business, loss of profits, business
interruption, or loss of business information arising out of the use or inability
to use the program or for any claim by any other party even if
has been advised of the possibility of such damages. ' entire
liability with respect to its obligations under this agreement or otherwise with
respect to the Licensed Software shall not exceed the amount of the Time Limited
Network License fee, if any, paid by you for the Licensed Software.
Because some jurisdictions do not allow the exclusion or limitation of liability
for incidental or consequential damages, the above exclusions or limitations
may not apply to you.
|
Indemnification:
|
|
agrees to indemnify and defend you from and against
any and all claims, actions or proceedings, arising out of any claim that the
Licensed Software infringes or violates any valid U.S. patent, copyright or
trade secret right of any third party; so long as you provide; (i) prompt
written notice to of such claim; (ii) cooperate with
in the defense and/or settlement thereof, at
' expense; and, (iii) allow to control
the defense and all related settlement negotiations. The above is
Technologies' sole obligation to you and shall be your sole and exclusive
remedy pursuant to this Agreement for intellectual property infringement.
|
shall have no indemnity obligation for claims of
infringement to the extent resulting or alleged to result from (i) any
combination, operation, or use of the Licensed software with any programs
or equipment not supplied by ; (ii) any modification
of the Licensed Software by a party other than ;
and (iii) your failure, within a reasonable time frame, to implement any
replacement or modification of Licensed Software provided
by .
|
Termination:
|
|
This Agreement is effective until terminated by either party. You may
terminate this Agreement at any time by destroying or returning to
all copies of the Licensed Software in your possession.
may terminate this Agreement for any reason,
including but not limited to your breach of any of the terms of this Agreement.
Upon termination, you shall destroy or return to all
copies of the Licensed Software and certify in writing that all know copies have
been destroyed. All provisions relating to confidentiality, proprietary rights,
non-disclosure, and limitation of liability shall survive the termination
of this Agreement.
|
General:
|
|
This Agreement shall be construed, interpreted and governed by the laws of
the State of California exclusive of its conflicts of law provisions. This
Agreement constitutes the entire agreement between the parties, and
supersedes all prior communications, understandings or agreements between
the parties. Any waiver or modification of this Agreement shall only be
effective if it is in writing and signed by both parties hereto. If any part of this
Agreement is found invalid or unenforceable, the remainder shall be interpreted
so as to reasonable effect the intention of the parties. You shall not export the
Licensed Software or your application containing the Licensed Software except
in compliance with United States export regulations and applicable laws and
regulations.
|
This software is a collective work consisting of the following Open Source components: Apache software, PHP and librsync each licensed under a separate Open Source License. is not affiliated with nor endorsed by any of the above providers.
|
- Apache Version 1.3 or 2.0 developed by The Apache Software Foundation (http://
www.apache.org/).
For license details please see the file at <_HOME_DIR>/apache/LICENSE.txt
- PHP Version 4.4.4 developed by The PHP Group (http://www.php.net).
For license details please see the file at <_HOME_DIR>/php/LICENSE.txt
- GD 2.0.33 software used "AS IS" available at <_HOME_DIR>/gd/COPYING
- librsync version 0.9.6. For license details please see the file at <_HOME_DIR>lib/librsync/COPYING.txt
- This product includes openssl version 0.9.8a developed by OpenSSL Project.
For license details, please see the file at <_HOME_DIR>/lib/openssl/LICENSE.
- This product includes zlib version 1.2.1 freely available from http://www.zlib.org or http://www.gzip.org/zlib/.
- curl 7.16.0(http://curl.haxx.se/). For license details please see the file at <_HOME_DIR>/lib/libcurl/COPYING.
|