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WS_FTP(tm) Single User License Agreement IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT INSTALL THE SOFTWARE AND RETURN THIS ENTIRE PACKAGE WITHIN 30 DAYS OF YOUR RECEIPT FOR A FULL REFUND. Ipswitch, Inc. ("Ipswitch") and its suppliers provide computer software products contained on the CD in the package (the "Software") and the associated documentation contained in the package (the "Documentation") and license their use under the terms set forth herein. You assume responsibility for the selection of the Software to achieve your intended results, and for the installation, use and result obtained from the Software. Do not use the Software in any case where significant damage or injury to persons, property or business may happen if an error occurs. LICENSE 1. You are granted a personal, non-transferable and non-exclusive license to use one copy of the Software on a single personal computer and to use the Documentation under the terms stated in this Agreement. Title and ownership of the Software and Documentation remain in Ipswitch or its suppliers. 2. You, your employees, and/or agents may not distribute or otherwise make the Software or Documentation available to any third party. 3. You may not assign, sublicense or transfer this license and may not decompile, reverse engineer, modify, or copy the Software or Documentation for any purpose, except you may copy the Software into machine readable or printed form for backup purposes in support of your use of the Software on a single personal computer. You may combine the Software with other computer software. Any portion of the Software merged into or used in conjunction with other computer software will continue to be the property of Ipswitch or its suppliers and subject to the terms and conditions of this Agreement. 4. The Software and Documentation are copyrighted by Ipswitch and/or its suppliers. You agree to respect and not to remove or conceal from view any copyright, trademark or confidentiality notices appearing on the Software or Documentation, and to reproduce any such copyright, trademark or confidentiality notices on all copies of the Software and Documentation or any portion thereof made by you as permitted hereunder and on all portions contained in or merged into other computer software products and documentation. YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE SOFTWARE OR DOCUMENTATION, OR ANY COPY, MODIFICATION OR MERGED PORTION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE. IF YOU TRANSFER POSSESSION OF ANY COPY, MODIFICATION OR MERGED PORTION OF THE SOFTWARE OR DOCUMENTATION TO ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED. TERM This license is effective until terminated. You may terminate it at any time by destroying the Software and Documentation with all copies, modifications and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this Agreement if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the Software and Documentation together with all copies, modifications and merged portions in any form. LIMITED WARRANTY For sixty (60) days from your date of purchase, Ipswitch warrants that (i) the Software will substantially conform to the applicable user documentation and (ii) the media on which the Software is distributed and the user documentation (if any) are free from defects in materials and workmanship. Ipswitch will, at its option, refund the amount you paid for the Software or provide you with corrected items at no charge provided that the defective item(s) is returned to Ipswitch within thirty (30) days from the date of purchase. Any misuse or unauthorized modification of the Software will void this limited warranty. Except as specifically provided herein, Ipswitch makes no warranty, representation, promise or guarantee, either express or implied, statutory or otherwise, with respect to the Software, Documentation or related technical support, including their quality, performance, merchantability or fitness for a particular purchase. The warranty and remedies set forth herein are exclusive and in lieu of all others, oral or written, express or implied. No Ipswitch dealer, distributor, agent or employee is authorized to make any modification or addition to this warranty. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. LIMITATION OF LIABILITY Because computer software is inherently complex and may not be completely free of errors, it is your responsibility to verify your work and to make backup copies, and Ipswitch will not be responsible for your failure to do so. In no event will Ipswitch be liable for indirect, special, incidental, tort, economic, cover, or consequential damages arising out of the use of or inability to use Ipswitch products or services, including, without limitation, damages or costs relating to the loss of profits, business, goodwill, data, or computer programs, even if advised of the possibility of such damages. In no case shall Ipswitch's liability for money damages exceed the amount paid by you for the Software out of which such claim arose. The foregoing limitations shall not apply to claims relating to death or personal injury which arise out of products deemed to be consumer goods under applicable law. Some states or provinces do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above exclusion or limitation may not apply to you. U.S. GOVERNMENT RESTRICTED RIGHTS If the Software and Documentation (collectively the "Software") are acquired on behalf of a unit or agency of the United States Government this provision applies. For units of the Department of Defense (DoD), this Software is supplied only with "Restricted Rights" as that term is defined in the DoD Supplement to the Federal Acquisition Regulations, 52.227-7013(c)(1)(ii) and: Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 52.227-7013. Contractor: Ipswitch, Inc., 10 Maguire Rd., Lexington, MA 02421 Government personnel using this Software, other than under a DoD contract or GSA Schedule, are hereby on notice that use of this Software is subject to restricted rights which are the same as or similar to those specified above. GENERAL This Agreement will be governed by the laws of the Commonwealth of Massachusetts. This product includes cryptographic software and has received a classification from the Bureau of Export Administration, US Department of Commerce and may be exported to appropriate countries and end-users under authorization NLR. It is the responsibility of the exporter to adhere to the Export Administration Regulations and the conditions of such encryption exports. Ipswitch, Inc. 10 Maguire Rd. Lexington, MA 02421 (781) 676-5700 Fax: (781) 676-5710 06/03 C104-P425