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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, 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. GRANT OF LICENSE.

Evaluation Copy. If you acquired the license for the SOFTWARE on an evaluation or trial basis, you may use the SOFTWARE without charge for thirty (30) days from the day that you install the SOFTWARE. You must pay the license fee and register your copy to continue to use the SOFTWARE after the thirty (30) day evaluation period.

Registered Copy. When you purchase a license, you will be provided with a license key which you must enter in the SOFTWARE. You may use the registered SOFTWARE on that number of computers for which you have purchased a separate license as indicated on the invoice or sales receipt. If the SOFTWARE is installed on a network server or other storage device, you must purchase a license for each separate computer on which the SOFTWARE is used. A license for the SOFTWARE may not be shared by alternating use of the SOFTWARE between different computers. The primary user of a computer for which a license has been purchased may make and use one copy of the SOFTWARE on his or her portable computer. You may also make one copy of the SOFTWARE for back-up or archival purposes. Otherwise, you may not copy the SOFTWARE in whole or in part. You may permanently transfer all of your rights under this license if the recipient agrees to the terms of this license, you destroy any copy of the SOFTWARE not transferred to the recipient.

2. SCOPE OF GRANT

You may not decompile, disassemble or otherwise reverse engineer the SOFTWARE, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the SOFTWARE. You may not modify, rent, or resell for profit this SOFTWARE, or create derivative works based upon this SOFTWARE. You may not publicize or distribute any registration code algorithms, information, or registration codes used by this SOFTWARE without permission from the AUTHOR.

In no event shall the AUTHOR's liability exceed the purchase price of the SOFTWARE.

3. COPYRIGHT

This SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

4. DISTRIBUTION

Only 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.

5. TERMINATION

The license will terminate automatically and the SOFTWARE unregistered if you fail to comply with any of the above terms and conditions. The license may be terminated by either party at any time and without notice.

6. DISCLAIMER OF WARRANTY

THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.