Go FTP FREE 2.1.87

GoFTP License Agreement

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") BEFORE USING THE SOFTWARE. IF YOU INSTALL OR USE THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE INTERNET DOWNLOADING THE SOFTWARE, STATE YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT BY CLICKING THE "AGREE/ACCEPT" BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, RETURN THE GoFTP SOFTWARE TO THE SOURCE WHERE YOU OBTAINED IT FOR A REFUND AND DELETE IT FROM YOUR COMPUTER OR HARD DRIVE OR USB DRIVE - IF THE SOFTWARE WAS DOWNLOADED ELECTRONICALLY, CLICK "DISAGREE/DECLINE".

GoFTP License Agreement

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") BEFORE USING THE SOFTWARE. IF YOU INSTALL OR USE THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE INTERNET DOWNLOADING THE SOFTWARE, STATE YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT BY CLICKING THE "AGREE/ACCEPT" BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, RETURN THE GoFTP SOFTWARE TO THE SOURCE WHERE YOU OBTAINED IT FOR A REFUND AND DELETE IT FROM YOUR COMPUTER OR HARD DRIVE OR USB DRIVE - IF THE SOFTWARE WAS DOWNLOADED ELECTRONICALLY, CLICK "DISAGREE/DECLINE".

IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright for, or materials you are authorized or legally permitted to reproduce. If you use this software to reproduce copyright materials you are not authorized to lawfully reproduce, this would immediately violate your license and make you an unlicensed user at the very instant you began to implement the reproduction of the materials unlawfully. If you do not understand copyright laws you should contact a competent attorney in your jurisdiction.

1. General. The software, documentation and any fonts accompanying this License and contained in the GoFTP software package whether on disk, in read only memory, on any other media or in any other form (collectively the "GoFTP Software") are licensed, not sold, to you by GoFTP Computer, Inc. ("GoFTP") for use only under the terms of this License, and GoFTP reserves all rights not expressly granted to you. The rights granted herein are limited to GoFTP’s and its licensors’ intellectual property rights in the GoFTP Software and do not include any other patents or intellectual property rights. You own the media on which the GoFTP Software is recorded but GoFTP and/or GoFTP’s licensor(s) retain ownership of the GoFTP Software itself. The GoFTP Software in this package and any copies, which this License authorizes you to make, are subject to this License.

2. Definitions

2.1 "Authorized Development System" means any computer on which you are licensed to install the GoFTP Software for development purposes, and that runs any version of the following operating systems:

(a) Microsoft’s Windows

2.2 "Authorized Deployment System" means a computer that runs an operating system that supports Java 2 technology and which is either owned and/or operated (i) by you for your internal use, or (ii) by a third party as a web application server, provided that you have a written agreement with such third party that protects GoFTP’s interest in the GoFTP Software at least to the same extent as this License.

3. Permitted License Uses And Restrictions

3.1 License to Develop Application Programs. If the software package provides a developer serial number enabling you to install the GoFTP Software for development purposes, then subject to the terms and conditions of this License, GoFTP grants to you a personal, non-exclusive license to:

(a) Install and use a single copy of the GoFTP Software on one (1) Authorized Development System, solely for the purpose of developing application programs.

(b) Use the Yellow Box for Windows files and run-time libraries contained in the GoFTP Software (collectively the "Yellow Box for Windows Runtimes") only on your Authorized Development System for the sole purpose of operating, and only to the extent necessary to operate, the development tools that are included as part of the GoFTP Software or used for developing GoFTP Software application programs. Except as expressly stated above, no other license, express or implied, is granted with respect to the Yellow Box for Windows Runtimes.

(c) Access and use the restricted deployment functionality of the GoFTP Software made available from the developer serial number for the sole purpose of evaluating the performance of an application program which uses or is designed to use the GoFTP Software in a test system environment.

3.2 License to Deploy Server-Based Application Programs. If the software package provides a deployment serial number enabling you to install the GoFTP Software to deploy application programs developed using the GoFTP Software, then subject to the terms and conditions of this License, GoFTP grants to you a personal, non-exclusive license to:

(a) Install a single copy of the GoFTP Software (excluding the Yellow Box for Windows Runtimes) on one Authorized Deployment System.

(b) Access and use the GoFTP Software (excluding the Yellow Box for Windows Runtimes) and any related application installed on the Authorized Deployment System and permit others to access and use the same in connection with your use from any remote computer.

(c) Reproduce and distribute over a network, components of the GoFTP Software (excluding the Yellow Box for Windows Runtimes) for installation and use by others ("Java Client End Users") on any remote computer’s volatile memory (e.g. RAM) to enable Java Client functionality solely for communicating with the GoFTP Software installed and executed on the Authorized Deployment System.

(d) Reproduce and distribute, both manually and automatically over a network, components of the GoFTP Software (excluding the Yellow Box for Windows Runtimes) for installation and use by Java Client End Users on any remote computer’s non-volatile memory (e.g. ROM) to enable Java Client functionality solely for communicating with the GoFTP Software installed and executed on the Authorized Deployment System, provided that all Java Client End Users who are not employees or contractors of your organization, are shown and accept, by means that are legally enforceable in the jurisdiction to which the GoFTP Software components are distributed, the following terms prior to their use of the GoFTP Software components:

Certain components ("GoFTP Software") included in the software are licensed, not sold, to you by GoFTP Computer, Inc. ("GoFTP"), and GoFTP reserves all rights not expressly granted to you by these terms. GoFTP grants to you a personal, nonexclusive to install and use the GoFTP Software to enable Java Client functionality solely for communicating with GoFTP’s proprietary WebObjects software installed and executed on a remote server computer. You may make one copy of the GoFTP Software for backup or archival purposes. You may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the GoFTP Software or any part thereof.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GoFTP SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE GoFTP SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GoFTP HEREBY DISCLAIM ALL WARRANTIES, GUARANTEES, AND CONDITIONS WITH RESPECT TO THE GoFTP SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS TO USE FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GoFTP DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GoFTP SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE GoFTP SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GoFTP SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GoFTP SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GoFTP OR AN GoFTP AUTHORIZED REPRESENTATIVE, RESELLER, INDEPENDENT CONTRACTOR, OR AGENT SHALL CREATE A WARRANTY. SHOULD THE GoFTP SOFTWARE PROVE DEFECTIVE, INSUFFICIENT FOR YOUR APPLICATION OR DEMANDS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION SO GoFTP AND IT’S AGENTS SHALL BEAR NO RESPONSIBILITY INHERENTLY, DIRECTLY OR BY IMPLICATION INCLUDING ANY DAMAGES REALIZED OR NOT REALIZED, ACTUAL DAMAGES OR OTHER DAMAGES. IF ANY PORTIONS OF THIS AGREEMENT ARE DEEMED TO BE UNENFORCEABLE IN ANY PARTICULAR JURISDICTION THE OTHER PORTIONS OF THIS AGREEMENT SHALL BE DEEMED TO BE SURVIVABLE AND TO BE ENFORCEABLE.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL GoFTP, IT’S AGENTS, RESELLERS, INDEPENDENT CONTRACTORS AND EMPLOYEES, BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GoFTP SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GoFTP HAS BEEN ADVISED, PUT ON NOTICE, ETC. OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF DAMAGES – This clause over rides any other clauses in this agreement. In no event shall GoFTP’s total liability to you for all damages exceed the amount paid for the program (this is determined by the actual credit card charge for the program or by the amount of the check). If you received the program for free (no cost) then the amount you can recover would be zero dollars ($0.00)Legal fees, damages, court costs shall not in any event be recoverable in any action, in any court of competent jurisdiction, anywhere deemed to have venue or authority. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If this Limitation of Damages clause is not enforceable in your jurisdiction do not use or install the software and you should Abort any attempts to use or install the software and not become a user. It is your responsibility to determine if this clause is not enforceable in your jurisdiction. If you proceed with use and or installation it will be deemed an action that lawfully authorizes and invokes fully this limitation of damages clause irrespective of anything and you further irrevocably authorize any court of competent jurisdiction to accept this limitation of damages clause as full enforceable.

You may implement acceptance of such terms by Java Client End Users via the Internet, online service or other reasonable manner of your choosing.

3.3 Restrictions on Evaluation Release. Should GoFTP provide you an evaluation serial number enabling you to install the GoFTP Software, then GoFTP grants to you a time restricted license to use the GoFTP Software to develop application programs under the terms of Section 3.1 and to deploy application programs developed using the GoFTP Software under the terms of Section 3.2 on your Authorized Deployment System for trial use and evaluation purposes only. All rights to the Evaluation Release will terminate on the date specified when using the evaluation serial number. You may not transfer the Evaluation Release. All other terms of this License shall apply and GoFTP will not be liable for any damages realized or not realized, actual or otherwise, as a result of termination.

3.4 Source Code Components. GoFTP may, either as part of the software package make available source code to certain portions of the GoFTP Software that are subject to third party open-source licensing terms (the "Open-Source Components"). You may modify or replace the Open-Source Components provided that you agree: (a) that GoFTP is not liable for and has no responsibility to provide any maintenance, technical or other support for any resultant GoFTP Software that replaces unmodified Open-Source Components, (b) to otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Source Components, and (c) to include all copyright or other proprietary notices contained on the original.

GoFTP may also make available source code to certain portions of the GoFTP Software that consist of sample or example code (the "Sample Code Components"). You may use, reproduce, modify and redistribute the Sample Code Components in accordance with the licensing terms accompanying such code or related project(s).

3.5 Duplication. You may (a) make one copy of the GoFTP Software for backup or archival purposes, or (b) transfer the GoFTP Software to a single hard disk of each Authorized Deployment System, provided you keep the original solely for backup or archival purposes. Copies of the GoFTP Software must include all copyright or other proprietary notices contained on the original. You may print one copy of all documentation provided in electronic or online format. Except as and only to the extent expressly permitted in this License, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the GoFTP Software or any part thereof.

3.6 Restrictions on Academic Release. If you licensed the academic release of the GoFTP Software, you represent to GoFTP that you are an accredited educational institution or a current member of the faculty, student body or staff of such an institution ("Educational User"). Educational Users are licensed to use the GoFTP Software to develop application programs under the terms of Section 3.1 and to deploy application programs developed using the GoFTP Software under the terms of Section 3.2, solely for academic purposes and such purposes must be directly related to (a) teaching in, or completing the requirements of, a degree-granting program(s) or (b) non-commercial research by students and faculty members, or (c) performing an administrative service, solely for the benefit of an accredited educational institution ("Educational Purposes"). Any use of the academic release of the GoFTP Software by other than Educational Users for other than Educational Purposes is expressly prohibited.

4. Transfer. You may not rent, lease, lend or sublicense the GoFTP Software. You may, however, make a one-time permanent transfer of all of your license rights to the GoFTP Software to another party, provided that: (a) the transfer must include all of the GoFTP Software (in its original form as provided by GoFTP), including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the GoFTP Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the GoFTP Software reads and agrees to accept the terms and conditions of this License. NFR (Not for Resale) Copies: Notwithstanding other sections of this License, GoFTP Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.

5. Printing. You are licensed to use the GoFTP Software to output bitmaps generated by the PostScript interpreter included with the GoFTP Software (a) to create images for display on any computer screen, (b) to output to Group III or Group IV facsimile devices, (c) to output to any output device containing its own PostScript language interpreter, and (d) to output to either (i) NeXT Laser Printers or (ii) NeXT Color Printers manufactured prior to April 1993 (i.e., black NeXT-labeled printers). You are not otherwise licensed to print PostScript language files created with the GoFTP Software.

6. Coded Font Programs. You agree not to sell or otherwise distribute any bitmaps generated by the coded font programs contained in the GoFTP Software. The trademarks used to identify the coded font programs are the property of the trademark owners identified on or in the GoFTP Software or accompanying documentation and may not be used except to identify printed output produced by the respective coded font programs. You shall use such trademarks only in accordance with accepted trademark practice, including identification of the trademark owner’s name.

7. GoFTP has two versions of the software, a paid version and a free version. GoFTP has the right to include links with or without simple anchor or descriptive text in the reproduced materials made with the free version only. These links are chosen by GoFTP. The links shall not be to any site with adult content, gambling or gaming content, hate material content, inflammatory material, or any other objectionable material or material that would generally be considered to be offensive. These links may be altered, modified or changed from time to time by GoFTP at the sole discretion of GoFTP. The paid version of the program does not have any link inclusion. The user does not have or gain any proprietary rights to any link or anchor text described above in this paragraph.

8. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from GoFTP if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the GoFTP Software and destroy all copies, full or partial, of the GoFTP Software.

9. Limited Warranty on Media (if applicable). GoFTP warrants the media on which the GoFTP Software is recorded and delivered by GoFTP to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at GoFTP’s option, a refund of the purchase price of the product containing the GoFTP Software or replacement of the GoFTP Software, which is returned to GoFTP or an GoFTP authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. .

10. Disclaimer of Warranties. You expressly acknowledge and agree that use of the GoFTP Software is at your sole risk AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA Set forth above AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The GoFTP Software is provided "AS IS", WITH ALL FAULTS and without warranty of any kind, and GoFTP and GoFTP’s licensors, INCLUDING BUT NOT LIMITED TO IBM, (COLLECTIVELY REFERRED TO AS "GoFTP" for the purposes of SECTIONS 9 and 10) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GoFTP SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GoFTP DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GoFTP SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE GoFTP SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GoFTP SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GoFTP SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GoFTP OR AN GoFTP AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GoFTP SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

11. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL GoFTP, (AS DEFINED IN SECTION ABOVE) BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GoFTP SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GoFTP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Export Law Assurances. You may not use or otherwise export or reexport the GoFTP Software except as authorized by Panama law and the laws of the jurisdiction in which the GoFTP Software was obtained.

13. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the Country of Panama, as applied to agreements entered into and to be performed entirely within Panama between Panama residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

14. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the GoFTP Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by GoFTP. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.

Sabbie 2007-12-09 19:54:54

It will not load on Vista

I'm sure the program would be fine but it will not load on Vista. I searched the Internet for a "fix" or "workaround" but couldn't find one.