Quick Tftp Server Pro 2.3

EULA - End User License Agreement

Copyright (c) 1999-2015, Tallsoft All Rights Reserved.

Quick Tftp Server Pro V2.3 End User Licence Agreement

Warning: Permission to use the Quick Tftp Server Pro V2.3 and documentation is conditional upon you, the Customer, agreeing to the terms set out below. Do not load Quick Tftp Server Pro V2.3 until you have read and accepted all the terms of this licence. Your loading of Quick Tftp Server Pro V2.3 will be deemed to be your acceptance of the following terms.

1. Licence. The copyright in Quick Tftp Server Pro V2.3 and its documentation is owned Tallsoft Ltd. Subject to the terms of this licence you are granted a non-exclusive right to install and use Quick Tftp Server Pro V2.3 on a single machine and make a single copy of Quick Tftp Server Pro V2.3 for backup purposes only. The rights granted to you under this licence will lapse thirty (30) days after installation of Quick Tftp Server Pro V2.3 unless you pay a registration fee of US$45. Quick Tftp Server Pro V2.3 is considered to be in use when it is in the memory of a computer or is otherwise stored in a machine. Quick Tftp Server Pro V2.3 if stored on a server solely for network distribution to other machines is not considered to be "in use". Tallsoft may, if all licence fees have been paid in full and at its sole discretion, from time to time, provide you with codes to enable you to use Tallsoft.

2. Your obligations. You hereby undertake: not to copy, reproduce, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, sub-license, rent, lease, loan or distribute Quick Tftp Server Pro V2.3 or its documentation other than as expressly authorised by this licence; not to use Quick Tftp Server Pro V2.3 for or in connection with a service bureau operation; to supervise and control the use of Quick Tftp Server Pro V2.3 in accordance with the terms of this licence; to ensure that your officers, employees, sub-contractors and other agents who have authorised access to Quick Tftp Server Pro V2.3 are made aware of the terms of this licence; not to provide or otherwise make available Quick Tftp Server Pro V2.3 in any form to any person; and to advise Tallsoft in writing within thirty (30) days of you becoming aware of any person using Quick Tftp Server Pro V2.3 who is not licensed by Tallsoft to do so; not to infringe the intellectual property rights of any third party, including copyright, by using Quick Tftp Server Pro V2.3. You acknowledge that copyright subsists in Quick Tftp Server Pro V2.3 and any documentation and belongs to Tallsoft. You shall not during or any time after the expiry or termination of this licence permit any act which infringes that copyright. You shall ensure that you have the permission of the copyright owner of all materials you download using Quick Tftp Server Pro V2.3. You shall indemnify Tallsoft fully against all liabilities, costs and expenses, which Tallsoft may incur to a third party as a result of your breach of any of the provisions of this agreement.

3. Shareware Version Only. Notwithstanding your obligations above, the shareware version of Quick Tftp Server Pro V2.3 may be freely copied and distributed provided that it is complete and unmodified in any way. However, written permission must be received to distribute the shareware version of Quick Tftp Server Pro V2.3 on retail racks, cd roms, or if it is bundled with any other product.

4. Limited Warranty. Tallsoft warrants that Quick Tftp Server Pro V2.3 media is free from defects in manufacture. Tallsoft will replace any defective media at no charge, subject to notification of the defect within thirty (30) days of the date of the commencement of this licence and this shall be your sole remedy for any such defect. Quick Tftp Server Pro V2.3 and any documentation are provided AS IS and all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement or to this agreement generally, including without limitation, warranties as to: quality; fitness; merchantability; correctness; accuracy; reliability; correspondence with any description or sample, meeting your or any other requirements; uninterrupted use; compliance with any relevant legislation and being error or virus free are excluded. Where any legislation implies in this agreement any term, and that legislation avoids or prohibits provisions in a contract excluding or modifying such a term, such term shall be deemed to be included in this agreement. However, the liability of Tallsoft for any breach of such term shall if permitted by that legislation be limited, at Tallsoft option, to any one or more of the following: if the breach related to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and if the breach relates to services: the supplying of the services again; or the payment of the cost of having the services supplied again.
5. Limitation of Liability. Except for personal injury (including sickness and death) and the Limited Warranty, Tallsoft shall not be under any liability to you in respect of any loss or damage (including consequential loss or damage) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect to the supply of goods or services pursuant to this agreement or the failure or omission on the part of Tallsoft to comply with its obligations under this agreement.
6. Duration. The licence commences upon payment of the licence fee and is granted in perpetuity, but may be terminated without notice in the following circumstances: if you breach any term of this agreement; if you become the subject of insolvency proceedings; if you, being a firm or partnership, are dissolved; or if you destroy Quick Tftp Server Pro V2.3 and documentation for any reason. Upon termination, you or your representative shall destroy any remaining copies of Quick Tftp Server Pro V2.3 and documentation or otherwise return or dispose of such material in the manner directed by Tallsoft. Termination pursuant to this clause shall not affect any rights or remedies, which Tallsoft may have otherwise under this licence or at law.
7. Support. Nothing in this licence imposes an obligation on Tallsoft to rectify any software or documentation errors in Quick Tftp Server Pro V2.3 or to provide you with any corrections, modifications, enhancements or other form of support in relation to Quick Tftp Server Pro V2.3. Tallsoft is under no obligation to update or maintain Quick Tftp Server Pro V2.3.
8. Assignment. You may only transfer all your rights and obligations under this licence to another party if you supply to the transferee a copy of this agreement, the licence information and all other documentation including proof of ownership and the original supply diskettes or media unaltered in any way. Your licence is then terminated. If Quick Tftp Server Pro V2.3 is licensed in multiples of two or more (for example a pack) it may only be transferred in its entirety. Individual licences to such components cannot be transferred.
9. Waiver. Failure or neglect by Tallsoft to enforce at any time any of the provisions of this agreement shall not be construed or deemed to be a waiver of Tallsoft rights under this licence.
10. Governing law and Severability. This agreement will be governed by and construed according to the law of the State of Victoria, Australia. The parties irrevocably submit to the exclusive jurisdiction of the Courts of Victoria and Australia. This agreement is deemed to have been made in Victoria. If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement shall remain otherwise in full force apart from such provision or part provision, which shall be deemed, deleted.
11. Entire Agreement. This agreement constitutes the entire agreement between the parties for the subject matter referred to in this agreement. Any prior arrangements, agreements, representations or undertakings are superseded. No modification or alteration of any clause of this agreement will be valid except in writing signed by each party.