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USER LICENSE AGREEMENT FOR "FileSharing for NET" SOFTWARE This License Agreement is a legal agreement between you ("LICENSEE") (either an individual or a single entity) and MiniHTTPServer for the software product "FileSharing for NET", which includes computer software and electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the SOFTWARE. This SOFTWARE is licensed to you, not sold. 1A. GRANT OF SEAT LICENSE Subject to payment of applicable license fees MiniHTTPServer grants a non-exclusive and non-transferable license (without the ability to sublicense) to install and use ONE copy of the SOFTWARE, on a SINGLE computer. You may make one copy the SOFTWARE for archival purposes. 1B. GRANT OF SITE LICENSE Subject to payment of applicable license fees MiniHTTPServer grants a non-exclusive and non-transferable license (without the ability to sublicense) to install and copy of the SOFTWARE, on a UNLIMITED number of computers at SINGLE facility. You may make one copy the SOFTWARE for archival purposes. 2. 30 DAYS SOFTWARE EVALUATION You are licensed to use this SOFTWARE solely for purposes of demonstration, testing, and evaluation of the SOFTWARE without charge for a period of 30 days. During evaluation period you may not use the SOFTWARE for any commercial or production purposes. Upon expiration of the 30-day period you must destroy all copies of SOFTWARE in your posession unless you pay all applicable fees to continue using the SOFTWARE. 3. LICENSE TRANSFER You may permanently transfer all of your rights under this Agreement, provided you retain no copies, you transfer all of the SOFTWARE and the recipient agrees to the terms of this Agreement. 4. RESTRICTIONS You may not reverse engineer, decompile, or disassemble the SOFTWARE (except to the extent applicable laws specifically prohibit such restriction). You may not redistribute, rent, lease, or lend the SOFTWARE. You may not remove any proprietary notices or labels on the SOFTWARE. 5. TERMINATION MiniHTTPServer may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. On termination, you must destroy all copies of the SOFTWARE and all of its component parts. 6. WARRANTY DISCLAIMER The Program is provided on an "as is" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. MiniHTTPServer does not warrant that the Programs will meet LICENSEE specific requirements, nor does it warrant that the operation of the Programs be error-free. 7. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MiniHTTPServer OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF MiniHTTPServer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MiniHTTPServer'S TOTAL LIABILITY FOR ANY DAMAGES OR LOSSES EXCEED THE AMOUNT RECEIVED BY MiniHTTPServer FROM LICENSEE FOR A LICENSE TO USE THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. 8. COPYRIGHT AND OWNERSHIP The SOFTWARE is owned by MiniHTTPServer, its subsidiaries or their suppliers and is protected by copyright laws and international treaty provisions. You acquire only the non-exclusive right to use the SOFTWARE as permitted herein and do not acquire any rights of ownership in the SOFTWARE.
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