IGLOOFTP PRO END USER LICENSE AGREEMENT NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT. 1. The SOFTWARE is licensed, not sold. 2. LICENSE GRANT. You are granted a limited, non-exclusive, non-transferable, license to use one copy of the version of this SOFTWARE on any one system for as many licenses as you purchase. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features. When you first obtain a copy of the SOFTWARE, you are granted an evaluation period of not more than 30 days, after which time you must pay for the SOFTWARE according to the terms and prices discussed in the SOFTWARE's documentation, or you must remove the SOFTWARE from your system. This license is not transferable to any other system, or to another organization or individual. You are expected to use the SOFTWARE on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that the SOFTWARE will perform to your satisfaction; therefore, you understand and agree that there is no refund policy for any purchase of the SOFTWARE. 3. OWNERSHIP. The SOFTWARE is owned and copyrighted by Jean-Marc Jacquet (the AUTHOR). Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE. 4. COPYRIGHT. The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of the AUTHOR and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE. 5. RESTRICTIONS. You may not reverse engineer, de-compile, modify, translate, or disassemble the SOFTWARE in whole or in part, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE. You may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose. 6. EXPORT RESTRICTIONS. You may not export or re-export the SOFTWARE in violation of the export laws of the United States, or the applicable laws of any other jurisdiction. This software contains encryption technology that is controlled for export by the U.S. government under the Export Administration Act. Among other things, U.S. laws provide that the Software may not be exported or re-exported to restricted countries or persons. Restricted countries currently include Cuba, Iran, Iraq, Libya, North Korea, Sudan, Serbia (except Kosovo), the Taliban-controlled areas of Afghanistan, and Syria. Persons who are restricted from receiving U.S. exports of the software are Denied Parties, Specially Designated Nationals and entities on the Bureau of Export Administration Entity List. The SOFTWARE may also be subject to import and/or use regulations in foreign jurisdictions. 7. TERMINATION. Without prejudice to any other rights, the AUTHOR may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE. 8. NO OTHER WARRANTIES. THE AUTHOR DOES NOT WARRANT THAT THE SOFTWARE AND ANY RELATED DOCUMENTATION IS ERROR FREE. THE AUTHOR DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE AND ANY RELATED DOCUMENTATION, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. 9. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license. 10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL THE AUTHOR OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE AND ANY RELATED DOCUMENTATION, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AUTHOR'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY. 11. ENTIRE AGREEMENT. This is the entire agreement between YOU and the AUTHOR which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.