Eula

The following terms represent a legal agreement (the "Agreement") between you the end user and SMA Technologies (the "Company") which governs the use of the enclosed software program (the "Program"). For purposes of this Agreement, the Program shall include all copyrighted files in this package, all updates to these files, and all related documentation included with the product.

1. LICENSE. The Company grants to you a non-exclusive, non-transferable License to (a) use one copy of the Program on a single computer and (b) make one copy of the software solely for back-up purposes. You may not reverse engineer, decompile, or disassemble the Program.
2. COPYRIGHT. The Company or its suppliers owns the Program and the copyrights thereto and has the authority to enter into this Agreement and to grant you a license to use the Program. The Program is protected by applicable copyright laws and may not be reproduced in any form except in accordance with this Agreement.
3. LABELING. You shall not remove any copyright notices or other proprietary legends contained within the Program. You shall not reproduce or include any of the Company's trademarks or trade names without the Company's specific prior written consent.
4. TERM AND TERMINATION.
   1. Term. The Term begins on the start date as noted on the associated order and will continue for the number of months specified. Unless either party gives written notice of non-renewal no less than 30 days prior to expiration, the Term will automatically renew for successive 12-month periods; provided, however, that neither party terminates the Agreement as provided below.
   2. Termination for Material Breach. If either party is in material breach of these Terms, the other party may terminate these Terms at the end of a written 30-day notice/cure period, if the breach has not been cured.
   3. Suspension. Company may, after giving Customer reasonable notice, temporarily suspend Customer’s access to the Program if Customer is 30 days or more overdue in its payment of any subscription fees; or Company believes in good faith that, in using the Program, Customer has violated, or will violate, a law.
   4. Further Consequences of Termination. Upon termination or expiration of these Terms (whichever is earlier) for any reason all licences granted under these Terms shall immediately terminate and the Customer shall immediately cease all use of the Program and the Documentation.
5. NO ASSIGNMENT. Neither Company nor Customer may assign or transfer Terms, in whole or in part, to a third-party without the other party’s prior written consent; provided, however, either party may assign these Terms in connection with a sale of all or substantially all of its assets if such party (i) provides written notice of such assignment specifying the identity and contact information for the assignee, and (ii) ensures that the assignee has agreed in writing to be bound by these Terms. Any assignment in violation of this section is void.
6. EXPORT CONTROL. The Program (and any underlying information, technology, and/or components) may NOT be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using the Program, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. The Program contains encryption technology that is controlled for export by the U.S. government under the Export Administration Act. In addition to other restrictions described in this document, you may not use the Program, or export the Program to any destination where you know, or have good reason to believe, that the Program may be used in connection with the proliferation of nuclear, chemical or biological weapons or missiles.
7. HIGH RISK USAGE. The Program is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Program could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Usage"). SMA Technologies specifically disclaims any express or implied warranty of fitness for High Risk Usage.
8. NOTICES. Unless otherwise agreed to by the Parties, all notices required under these Terms (except those relating to Program pricing, changes and upgrades) will be deemed effective when received and made in writing by either (i) registered mail, (ii) certified mail, return receipt requested, (iii) overnight mail, addressed and sent to the address in the Order, or (iv) electronic mail to the contact listed in the Order.
9. LIMITED WARRANTY. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS ASSUMED BY YOU. YOU ARE RESPONSIBLE FOR THE SELECTION AND USE OF THE PROGRAM TO ACHIEVE YOUR INTENDED RESULTS. THE COMPANY WARRANTS ONLY THE MEDIA (IF ANY) ON WHICH THE PROGRAM IS DISTRIBUTED WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE AND SERVICE FOR A PERIOD OF THIRTY (30) DAYS FROM DATE OF RECEIPT. ANY IMPLIED WARRANTIES ON THE PROGRAM IS LIMITED TO THIRTY (30) DAYS.
10. CUSTOMER REMEDIES. THE COMPANY'S AND ITS SUPPLIERS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT THE COMPANY'S OPTION, EITHER (A) RETURN THE PRICE PAID, OR (B) REPAIR OR REPLACEMENT OF THE PROGRAM THAT DOES NOT MEET THE COMPANY'S LIMITED WARRANTY AND WHICH IS RETURNED TO THE COMPANY WITH A COPY OF YOUR RECEIPT. THIS LIMITED WARRANTY IS VOID IF FAILURE OF THE PROGRAM HAS RESULTED FROM ACCIDENT, ABUSE, OR MISAPPLICATION.
11. NO OTHER WARRANTIES. THE COMPANY AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE PROGRAM.
12. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. U.S. GOVERNMENT RESTRICTED RIGHTS. If the Product is acquired on behalf of a unit or agency of the United States Government this provision applies. The Product is commercial computer software developed solely at private expense. The rights of civilian and non-civilian agencies of the U.S. Government to use, disclose and reproduce the Software are governed by the terms of this License. The manufacturer of the Product is SMA Technologies.

This warranty gives you specific legal rights. You may also have other rights which vary from state to state.

This Agreement is governed by the laws of the State of Texas. The export of Robo-FTP is governed by the U.S. Department of Commerce under the export administration regulations. It is your responsibility to comply with all such regulations.