Downloads
JFTP
The Universal FTP Client
In order to download JFTP, you must agree to the software license below:
License Agreement For Using JFTP
IMPORTANT! PLEASE READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN THE
LICENSOR (AS DEFINED BELOW), AND YOU (AS DEFINED BELOW). BY DOWNLOADING,
INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS
SOFTWARE, YOU ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING
TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN
YOU SHOULD NOT DOWNLOAD OR INSTALL THE SOFTWARE, YOU SHOULD NOT USE THE
SOFTWARE, AND IF YOU HAVE ALREADY DOWNLOADED OR INSTALLED THE SOFTWARE
YOU SHOULD REMOVE THE SOFTWARE FROM YOUR COMPUTER AND DESTROY ALL COPIES.
Upon Your acceptance of this License Agreement (the "Agreement"),
the Licensor grants to You a non-exclusive and non-transferable license
to use the Software, provided that You agree to the following:
DEFINITIONS
"Licensor" shall be taken to mean jMethods, Inc., a Nebraska corporation,
whose address is 19735 Jacobs Street, Omaha, Nebraska 68135, U.S.A. Licensor's
web address is www.jMethods.com.
"Licensee" shall be taken to mean the person, persons or
legal entity exercising rights under, and complying with all of the terms
of, this Agreement.
"Software" shall be taken to mean the jMethods computer program
with which this Software License Agreement ("Agreement") is
included and any updates or maintenance releases thereto.
"Commercial License" shall be taken to mean a license used
for commercial purposes.
"Non-Commercial License" shall be taken to mean a license
used by an individual for personal use, non-commercial entity or university
user.
"You" shall be taken to mean the Licensee under this Agreement.
NON-COMMERCIAL LICENSE
To qualify for a Non-Commercial License, Licensee must:
- use the Software for Non-Commercial purposes as defined herein and
be an individual or a Non-Commercial Entity as defined herein, or
- be a University User as defined herein.
The term "Non-Commercial Entity" is limited to the following:
university or other educational institutions (such as pre-schools, elementary
schools, middle or junior high schools, high schools, and community or
junior colleges), non-profit organizations (such as public libraries,
charities, and other organizations created for the promotion of social
welfare), "University Users", and other individual users who
use the Software for non-commercial purposes. "Non-Commercial Purposes"
means for personal use only (such as connecting to an Internet Service
Provider for personal use, hobby, recreational or educational purposes).
The Term "University Users" is limited to students, faculty,
members, researchers, administrators, support staff, and employees of
a university when acting in this capacity.
If Licensee qualifies for a Non-Commercial License, Licensee may use
the Software free of charge. The Licensor reserves the right to further
clarify the terms for individual, Non-Commercial Entity and University
Users in its sole determination.
For the avoidance of doubt, the following are considered examples of
commercial uses of the Software:
- use at or for a commercial enterprise;
- use for financial gain, personal or otherwise;
- use by government agencies;
- use by a telecommunication or Internet service provider company;
- use at home or while traveling for work for which You will be paid;
- use it in connection with administering a commercial web site;
- use in connection with the provision of professional service for which
Licensee is compensated including paid system administration);
- bundling or integrating the Software with any hardware product or
another software product for commercial use.
If Licensee does not qualify for a Non-Commercial License, Licensee can
evaluate the Software for a period of sixty (60) days from the date of
installation of the Software.
After the evaluation period, if Licensee would like to continue using
the Software, Licensee must obtain a Commercial License by Purchasing
the Software. If Licensee does not wish to continue using the Software
beyond the evaluation period, Licensee should promptly remove the Software
from Licensee's computer and delete all copies.
COMMERCIAL LICENSE
If Licensee uses the Software for commercial uses, Licensee can evaluate
the Software for a period of sixty (60) days from the date of installation
of the Software. After the evaluation period, if Licensee would like to
continue using the Software, Licensee must obtain a Commercial License
by purchasing the Software. If Licensee does not wish to continue using
the Software beyond the evaluation period, Licensee should promptly remove
the Software from Licensee's computer and destroy all copies.
For the avoidance of doubt, the following are considered examples of
commercial uses of the Software:
- use at or for a commercial enterprise;
- use for financial gain, personal or otherwise;
- use by government agencies;
- use by a telecommunication or Internet service provider company;
- use at home or while traveling for work for which Licensee will be
paid;
- use it in connection with administering a commercial web site;
- use in connection with the provision of professional service for which
Licensee is compensated (including paid system administration);
- bundling or integrating the Software with any hardware product or
another software product for commercial use.
GRANT OF LICENSE
The Software and documentation which accompanies this Agreement is the
property of the Licensor. Title and copyrights to the Software, in whole
and in part and all copies thereof, and all modifications, enhancements,
derivatives and other alterations of the Software regardless of who made
any modifications, if any, are, and will remain, the sole and exclusive
property of the Licensor.
Licensee's acceptance of this Agreement gives Licensee certain
obligations and limited rights to use the Software as set forth in this
Agreement.
Licensee may:
- save and use one copy of the Software on the hard disk of a single
computer, which copy can be used by only one user;
- make one copy of the Software for archival purposes;
Licensee may not:
- sell, redistribute, encumber, give, lend, rent, lease, sublicense,
or otherwise transfer the Software, or any portions of the Software,
to anyone without the prior written consent of the Licensor;
- reverse engineer, decompile, disassemble, modify, translate, make
any attempt to discover the source code of the Software, or create derivative
works from the Software;
- install and run the Software from a network server, or use the Software
on different computers, unless Licensee acquires a license for each
separate computer on which the Software is run;
For exceptions or modifications to this Agreement, please contact the
Licensor.
REPRESENTATIONS AND WARRANTY
Licensee represents and warrants that:
- Licensee has the right to enter into this Agreement.
- Licensee's use of the Software will not violate any applicable
local, state, national or international law.
If Licensee has paid a license fee for the Software, then for a period
of thirty (30) days from the date of purchase of the Software, the Licensor
warrants the Software against any defects resulting from the electronic
transmission process, and any Software media supplied by the Licensor
will be free from defects in materials and workmanship. In the event of
said defect, Licensor's sole responsibility shall be to replace
the defective Software.
DISCLAIMER OF WARRANTIES
THIS SOFTWARE IS PROVIDED "AS IS" AND THE LICENSOR MAKES
NO REPRESENTATIONS OR WARRANTIES (WRITTEN OR ORAL). TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE LICENSOR, DISCLAIMS ALL WARRANTIES AND
CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER AND TO ANY
PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
OF THIRD PARTY RIGHTS AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE
IN TRADE. NO WARRANTY IS MADE THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE
WILL BE CORRECTED, OR THAT THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS.
RETURN POLICY
Since the Software is available for evaluation for a reasonable period
of time, Licensor will not issue a refund for said Software.
LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY STATED ABOVE, IN NO EVENT SHALL THE LICENSOR BE LIABLE
FOR DAMAGES TO OR THROUGH LICENSEE, ANY END USER, OR ANY OTHER PERSON
OR ENTITY FOR BREACH OF, ARISING UNDER, OR RELATED TO THIS AGREEMENT OR
THE SOFTWARE OR SERVICE PROVIDED HEREUNDER, UNDER ANY THEORY INCLUDING,
BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,
OR SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION
OR DATA, OR ANY OTHER LOSS) WHETHER FORESEEABLE OR NOT, REGARDLESS OF
THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR OTHERWISE.
IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF
THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF ACTUAL, PROVEN DIRECT
DAMAGES OR THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SOFTWARE.
INDEMNIFICATION
Licensee agrees to indemnify, hold harmless and defend Licensor at Licensee's
expense, against any and all third-party claims, actions, proceedings
and suits, and all related liabilities, damages, settlements, penalties,
fines, costs or expenses (including, without limitation, reasonable attorneys'
fees and other litigation expenses incurred by Licensor arising out of
or relating to Licensee's (a) violation or breach of any term of
this License, or (b) use or issue of.
TERMINATION
If Licensee fails to comply with the terms and conditions of this Agreement,
the Licensor may terminate this Agreement and Licensee's right and
license to use the Software. Licensee may terminate this Agreement at
any time by notifying the Licensor. Upon the termination of this Agreement,
Licensee must delete the Software from Licensee's computer and archives.
GOVERNMENT END USERS
If Licensee is acquiring the Software on behalf of any unit or agency
of the United States Government, the following provisions apply. The Government
agrees:
- if the Software is supplied to the Department of Defense (DoD), the
Software is classified as "Commercial Computer Software"
and the Government is acquiring only "restricted rights"
in the Software and its documentation as that term is defined in Class
252.227-7013(c)(1) of the DFARS; and
- if the Software is supplied to any unit or agency of the United States
Government other than DoD, the Government's rights in the Software
and its documentation will be as defined in Class 52.227-19(c)(2) of
the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA
Supplement to the FAR.
EXPORT CONTROLS
The Software and all underlying information and technology is subject
to U.S. export controls, including the Export Administration Regulations
("EAR", 50 C.F.R. Parts 730-774), and may be subject to export
or import regulations in other countries. Licensee is responsible for
complying with all trade regulations and laws, both foreign and domestic.
GENERAL
If any provision of this Agreement shall be unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable from
this Agreement and shall not affect the validity and enforceability of
the remaining provisions of this Agreement. This Agreement will be governed
by the laws of the State of Nebraska.
EACH PARTY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS
IT, AND AGREES TO BE BOUND BY ITS TERMS.
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