GLOBALSCAPE, INC. 
CUTEFTP® VERSION 5.0 XP BETA LICENSE  

This Software is licensed not sold.  You may use this Software only as described in this license.  

If you do not agree to the terms of this license, do not install the Software or use any registration number that was provided with the Software.  You may contact the web site or store where you purchased the license for a refund if you have not used the registration number. 

1.  SOFTWARE.  The capitalized term "Software" refers to the computer programs known as CuteFTP 5.0 XP BETA and CuteHTML® LE, any updates, supplemental code or programs provided to you by GlobalSCAPE with or in connection with CuteFTP 5.0 XP BETA or CuteHTML LE, the user's manual for either of them, any components of either of them, any related media and printed materials, and any related "online" or electronic documentation.

2. GRANT OF LICENSE.

Evaluation Copy.  If you acquired the license for the Software on an evaluation or trial basis, you may use the Software without charge for thirty (30) days from the day that you install the Software.  You must pay the license fee and register your copy to continue to use the Software after the thirty (30) day evaluation period.  To pay the license fee and register your copy, you should visit www.globalscape.com or an authorized sales agent.   For so long as the Software is the most current version of CuteFTP distributed by GlobalSCAPE, you may give exact copies of the evaluation Software to anyone. You may not charge any fee for the copy or use of the evaluation Software itself, but you may charge a distribution fee that is reasonably related to any cost you incur distributing the evaluation Software (e.g. packaging). You must not represent in any way that you are selling the Software itself. Your distribution of the evaluation Software will not entitle you to any compensation from GlobalSCAPE.  You must distribute a copy of this license with any copy of the Software and anyone to whom you distribute the Software is subject to this license.  You may not remove any copyright, trademark or reservation of rights language displayed on, in or with the Software.  

Registered Copy.  When you purchase a license you will be provided with a registration number.  You should enable the registered license for the Software by entering the registration number as prompted by the Software.  You may use the registered Software on that number of computers for which you have purchased a separate license as indicated on our invoice.  If the Software is installed on a network server or other storage device, you must purchase a license for each separate computer on which the Software is used.  A license for the Software may not be shared by alternating use of the Software between different computers.  The primary user of a computer for which a license has been purchased may make and use one copy of the Software on his or her portable computer.  You may also make one copy of the Software for back-up or archival purposes.  Otherwise, you may not copy the Software in whole or in part.  You may permanently transfer all of your rights under this license provided you transfer all copies of the Software and the recipient agrees to the terms of this license.  

3.  RESTRICTIONS.  You may not reduce the Software to human readable form, reverse engineer, de-compile, disassemble or modify the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the Software. You may not use the Software to perform any unauthorized transfer of information, such as copying or transferring a file in violation of a copyright, or for any illegal purpose.
  
4.  SUPPORT SERVICES. GlobalSCAPE may provide you with support services related to the Software. Use of support services is governed by the user’s manual, online documentation, and other GlobalSCAPE materials, as they may be modified from time to time.  GlobalSCAPE may use any information you provide as part of obtaining support services for its business purposes, including product support and development. 

5.   INFORMATION COLLECTION.  The Software includes a feature which assigns a unique number to your computer based on system information.  The Software reports this number to us either when you install the Software or enter your registration number, or both.  The Software may also identify and report to us your Windows language identifier setting, IP address, and the date and time of installation and/or registration.  We use this information only to count the number of installations, detect piracy, and develop rough statistical data regarding the geographic location of our users.  If you register our software, we will tie this information to the personally-identifiable information that we have about you.

6.  TERMINATION.   This license terminates if you fail to comply with its terms and conditions.   If your license terminates, you must destroy all copies of the Software.  The termination of this license does not limit GlobalSCAPE’s other rights it may have by law.

7.  COPYRIGHT.  You acknowledge that you have only the limited, non-exclusive right to use and copy the Software as expressly stated in this license and that GlobalSCAPE retains title to the Software and all other rights not expressly granted.  You agree not to remove or modify any copyright, trademark or other proprietary notices which appear, on, in or with the Software.  The Software is protected by United States copyright law and international treaty provision.
 
8.  EXPORT RESTRICTIONS.  You may not export or re-export the Software in violation of the export laws of the United States, or the applicable laws of any other jurisdiction.  Among other things, U.S. laws provide that the Software may not be exported or re-exported to certain countries which are embargoed or restricted or to certain restricted persons.  Embargoed and restricted countries currently include Afghanistan, Cuba, Iran, Iraq, Libya, Sudan, North Korea and Syria.  

9.  NO WARRANTIES AND RELEASE. This Software is being provided to you in non-final or beta test version. To the extent permitted by applicable law, the Software is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement.   The Software is provided with all faults and the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the fullest extent permitted by applicable law, you release GlobalSCAPE from any liability related to your beta test of the Software. 
10.  LIMITATION OF LIABILITY. GlobalSCAPE is not liable to you for any consequential, special, incidental, or indirect damages of any kind arising out of the delivery, performance, or use of the Software, even if GlobalSCAPE has been advised of the possibility of such damages.   GlobalSCAPE’s liability, for any claim related to your purchase or use of the Software, whether in contract, tort, or any other theory of liability will not exceed the greater of U.S. $1.00 or the license fee paid by you.

11.  CONFIDENTIALITY.  You agree that all information regarding your beta test of the Software is confidential and that you will not share that information with any person other than GlobalSCAPE.

12.  U.S. GOVERNMENT RESTRICTED RIGHTS.  The Software is provided with the commercial rights described in this license, and is otherwise 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 of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.  Manufacturer is GlobalSCAPE, Inc., 6000 Northwest Parkway, Suite 100, San Antonio, Texas, 78249, USA.

13.  MISCELLANEOUS.  Except to the extent local law provides otherwise, this license is governed by the laws of the State of Texas, U.S.A.  This license is not governed by the United Nations Convention of Contracts for the International Sale of Goods.  This license constitutes the complete and exclusive agreement between us, notwithstanding any provision in any purchase order or other written document, except for our statement of the number of separate license fees for which you have paid as described in Section 2, above.  This license may only be modified by a written document signed by both of us.  If any provision of this license is held to be unenforceable, the remainder of the license shall not be affected, and the unenforceable provision shall be reformed to the extent necessary to make the provision enforceable.  If you are located outside the United States, then the following provision applies:  Les parties aux présentés conferment leur volonté que cette convention de même que tous les documents y compris tout avis qui SHY rattaché, soient redigés en langue anglaise. (Translation:  "The parties confirm that this Agreement and all related documentation is and will be in the English language.")

Should you have any questions concerning this license, or if you desire to contact GlobalSCAPE for any reason, please contact GlobalSCAPE by mail at: 6000 Northwest Parkway, Suite 100, San Antonio, Texas, 78249, USA, by telephone at: (210) 308-8267, or by electronic mail at: support@globalscape.com.
