VFTPD SOFTWARE LICENSE AGREEMENT THIS AGREEMENT PRESCRIBES THE TERMS AND CONDITIONS ON WHICH YOU MAY USE THE EXECUTABLE SOFTWARE PROGRAMS AND ASSOCIATED DOCUMENTATION AND FILES ACCOMPANYING THIS AGREEMENT (COLLECTIVELY, "VFTPD"). VARIOUS COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS PROTECT VFTPD. THIS AGREEMENT IS A LICENSE AGREEMENT THAT GIVES LICENSEE LIMITED RIGHTS TO USE VFTPD AND NOT AN AGREEMENT FOR SALE OR FOR TRANSFER OF TITLE. ARCANE SOFTWARE RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED BY THIS AGREEMENT. 1. Grant of License 1.1. Unregistered (evaluation) Version. VFTPD is not free software. Arcane Software grants you a nonexclusive license to use VFTPD on a single host computer for an evaluation period of 30 days. If you use this software after the 30 day evaluation period a registration fee is required as described in the file ORDER.TXT. You may not: (1) rent, lease or sublicense all or any portion of the VFTPD; (2) modify or prepare derivative works of VFTPD; (3) reverse engineer, decompile or disassemble VFTPD; or (4) generate unauthorized activation keys. You are hereby licensed to make as many copies of the unregistered version of VFTPD and documentation as you wish; give exact copies of the original unregistered version to anyone; and distribute the unregistered version of VFTPD and documentation in its unmodified form via electronic means. 1.2. Registered Version. Arcane Software grants you a nonexclusive license to use VFTPD and its activation key ("KEY") on a single host computer. You may not: (1) rent, lease or sublicense all or any portion of the VFTPD or the KEY; (2) modify or prepare derivative works of VFTPD or the KEY; (3) reverse engineer, decompile or disassemble VFTPD or the KEY; or (4) generate unauthorized activation keys. You agree to keep confidential and use your best efforts to prevent and protect the contents of VFTPD and the KEY from unauthorized disclosure or use. 2. Property Rights and Restrictions. 2.1 Licensee acknowledges that VFTPD and the KEY, all enhancements, corrections and modifications to the Software (regardless whether made by Arcane Software, Licensee or anyone else) and all copyrights, trade secrets, trademarks and other intellectual property rights protecting or pertaining to any aspect of the Software (or any enhancements, corrections or modifications) are and shall remain the sole and exclusive property of Arcane Software. This Agreement does not convey title or ownership to Licensee, but instead gives Licensee only the limited right to use the software set forth in Section 1. 2.2 Except as set forth in Section 1, Licensee has no right to use, make, sublicense, modify, or distribute copies of VFTPD or the KEY or permit anyone else to do. 2.3 Licensee acknowledges that the Software, in its source code form, contains valuable trade secrets belonging to Arcane Software. Licensee may not reverse engineer, decompile, disassemble or otherwise translate VFTPD or KEY. 3. Limited Software Product Warranty 3.1 This warranty does not cover damage caused by improper use or neglect. We do not warrant the contents of VFTPD or that it will be error free. VFTPD is furnished "AS IS" and without warranty as to the performance or results you may obtain by using VFTPD. The entire risk as to the results and performance of VFTPD is assumed by you. 4. Disclaimer of Warranty And Limitation of Remedies 4.1 You are responsible for installation, management and operation of VFTPD. 5. THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES. IN NO EVENT WILL OUR LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INCIDENTAL OR CONSEQUENVFTPDL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE KNOWLEDGE OF THE POTENVFTPDL LOSS OR DAMAGE. 6. Our entire liability and your exclusive remedies for our liability of any kind (including liability for negligence except liability for personal injury caused solely by our negligence) for VFTPD covered by this Agreement and all other performance or nonperformance by us under or related to this Agreement are limited to the remedies specified by this Agreement. 7. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. BY USING VFTPD YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ARCANE SOFTWARE WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. EXPORT CONTROL. The re-export of United States origin software and documentation is subject to the Export Administration Act of 1969 as amended. Compliance with such regulations is your responsibility. U.S. GOVERNMENT RESTRICTED RIGHTS. This computer software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (Oct. 1988) or if provided under a contract or subcontract with NASA or a civilian agency of the Government, to the restrictions set forth is such contract or subcontract. Contractor/Manufacturer is Matte Kalinowski, 107 Williams Rd., Smithton, PA 15479. Copyright © 1996, Arcane Software.