TurboFTP SDK End User License Agreement

Please read this entire agreement.

This End-User License Agreement ("EULA") is a legal
agreement between you (either an individual or a single
entity) and the author of this software TurboSoft,Inc
(AUTHOR) for the software product TurboFTP SDK, which
includes computer software and may include associated media,
printed materials, and "online" or electronic documentation
("SOFTWARE"). By installing, copying, or otherwise using
the SOFTWARE, you agree to be bound by the terms of this
EULA. If you do not agree to the terms of this EULA, do not
install or use the SOFTWARE.

1. LICENSES. In consideration of your payment of applicable
license fees, AUTHOR hereby grants to you, the undersigned,
and you accept, a nonexclusive, nontransferable license to
install, use, and display a single copy of the Licensed
Software on a single computer. You may move the Licensed
Software from one computer to another, but may not have the
Licensed Software resident on more than one computer unless
you have paid a license for each additional computer. You
may use the Licensed Software for the purpose of developing
your own software applications, in accordance with the terms
of Paragraph 1(a), below. A copy of the Licensed Software
may be made for archival or backup purposes as long as it
contains all the original Licensed Software proprietary
notices. You may not sublicense, rent, distribute, lease or
otherwise transfer or assign any or all of your rights in
the Licensed Software. You may use the Licensed Software
solely in its original form, and may not change, alter or
modify the Licensed Software, translate, reverse assemble,
reverse compile, disassemble, or in any way reverse engineer
the Licensed Software. This license does not grant you any
right to bug, fixes, enhancements, updates or new versions,
but if such are made available to and are obtained by you,
then they shall become part of the Licensed Software and
governed by the terms of this License. AUTHOR reserves all
rights not expressly granted to you in this License.

(a)TRIAL OR EVALUATION LICENSES. If the product you have
downloaded or otherwise obtained is marked as "TRIAL
SOFTWARE" or "EVALUATION VERSION", the following terms apply:
you may install one copy of the Software for development of
testing purposes for a period of 30 calendar days from the
date of installation ("Evaluation Time"). Upon expiration of
the Evaluation Time, the Licensed Software must be erased
from the computer it was installed on and all copies
destroyed. Under no circumstances should Trial Software be
used for commercial purposes. Trial Software may contain
mechanisms that inhibit its ability to function at a later
date. It is your responsibility to ensure that any
Applications you create do not contain Trial Software and
their ability to function at a later date is not inhibited
or diminished.

(b)ROYALTY-FREE LICENSES. If the product option you have
purchased is marked as a "ROYALTY-FREE" license the
following terms apply:

You may freely distribute your own applications that use
Licensed Software as a runtime component ("Applications")
without payment to AUTHOR, if and only if the Licensed
Software is not marked as a Evaluation VERSION or Demo Version,
and the Applications: (a) contain no modifications to the
Licensed Software (including alterations to the original
proprietary notices); and (b) are in compiled, executable
form; and (c) do not provide substantially the same
functionality as the Licensed Software or have as one of
their purposes to build other software that would compete
with the Licensed Software; and (d) do not reproduce or
distribute any portion of the documentation for the Licensed
Software or document the Application in a manner that
identifies the programmatic interface to the callable
routines in the Licensed Software; and (e) are subject to a
license agreement that (i)limits Application end-users use
of the Licensed Software to a run-time component, (ii)
restricts the Application end-user from changing, altering
or modifying the Licensed Software, creating derivative
works, translations, reverse assembling, reverse compiling,
disassembling, or in any way reverse engineering the
Licensed Software, and (iii) prevents the Application end-
user from sublicensing, renting, distributing, leasing or
otherwise transferring or assigning any portion of the
Licensed Software other than as specifically permitted in
this Paragraph 1, you may not create any derivative works of
the Licensed Software.

2. COPYRIGHT. Copyright of the SOFTWARE is owned by AUTHOR
and is protected by copyright laws and international
copyright treaties, as well as other intellectual property
laws and treaties. Therefore, you must treat the SOFTWARE
like any other copyrighted material (e.g., a book or musical
recording). You may not use or copy the SOFTWARE or any
accompanying written materials for any purposes other than
what is described in this Agreement.

3. DISTRIBUTION OF EVALUATION VERSION. The evaluation
version of this SOFTWARE may be freely distributed.

Provided that you verify that you are distributing the
evaluation version, you may distribute this SOFTWARE on on-
line services, bulletin boards, or other electronic media
provided that it is not modified and the original archive
remains intact with all accompanying files, and provided
that no fee is charged. This SOFTWARE may not be distributed
on CD-ROM, disk, or other physical media for a fee without
the permission of the AUTHOR.

4. REFUND AFTER PURCHASE. Within 30 days as of purchase of
the SOFTWARE you can request full refund of it if you find
that the SOFTWARE is not suitable for your use. You will
need to sign a Letter of Intellectual Property Destruction
to be eligible for refund.

5. DISCLAIMER OF WARRANTY. THE LICENSED SOFTWARE IS PROVIDED
" AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. FURTHER, AUTHOR
SPECIFICALLY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY
REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE
USE, OF THE LICENSED SOFTWARE OR WRITTEN MATERIALS IN TERMS
OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR
OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE
OF THE SOFTWARE IS ASSUMED BY YOU. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY AUTHOR OR ITS EMPLOYEES SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS
WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR
ADVICE.

6. LIMITATION ON LIABILITY. The Licensed Software may
produce inaccurate results because of a failure or
inaccuracy in the performance of the software, because you
input incorrect data, or for many other reasons. You assume
full and sole responsibility for any use you make of the
output from the Licensed Software, and you bear the entire
risks of there being an error in the output. You agree that
regardless of the cause of any error or the form of any
claim, YOUR SOLE REMEDY AND AUTHOR'S SOLE OBLIGATION SHALL
BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL AUTHOR'S
LIABILITY EXCEED THE PRICE PAID TO AUTHOR FOR THE LICENSED
SOFTWARE. YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL AUTHOR
BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL
DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT,
NEGLIGENCE, OR ANY OTHER LEGAL THEORY, WHETHER IN TORT OR
CONTRACT, EVEN IF AUTHOR HAS BEEN APPRAISED OF THE
LIKELIHOOD OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT
LIMITATION DAMAGES FROM INTERRUPTION OF BUSINESS, LOSS OF
USE OF SOFTWARE, LOSS OF DATA, COST OF RECREATING DATA, COST
OF CAPITAL, COST OF ANY SUBSTITUTE SOFTWARE, OR LOSSES
CAUSED BY DELAY. AUTHOR shall not be responsible for any
damages or expenses resulting from alteration or
unauthorized use of the Licensed Software, or from the
unintended and unforeseen results obtained by you resulting
from such use.