License Agreement for HitekSoftware Products Version 6.x 

This License Agreement is valid for Automize 6.x, JaSFtp 6.x, and AbleFtp 6.x.  
Automize 6.x, JaSFtp 6.x, and AbleFtp 6.x are copyrighted through the United States of America Copyright Office. 

Hitek software - http://www.hiteksoftware.com 

Read the terms of this agreement and any provided supplemental license terms (collectively "agreement") carefully before installing the software.  By installing the software, you agree to the terms of this agreement.  Do not install or use this software if you do not agree to all terms of this license agreement.

1.  License to use:  Hitek Software grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Hitek Software (collectively "software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid.  Please follow these criteria in determining the number of license copies that you need to purchase: a) Atleast 1 license per system:  Every system (PC, Mac, or Unix etc..) that the software is installed on requires a license.  i.e. if you install and use the software on 10 systems, you would need to purchase 10 licenses.  b) Multiple users per system, multiple users use the software:  A single copy of the software may be installed, or multiple users may install the software in their own user directory.  But, multiple users use the software. In this case, the total licenses required would equal the number of individual users using the software.  i.e. if 10 users use the software on the same system, you would need to purchase 10 licenses for that system.  c)  Multiple users per system, single copy of software installed:  Sometimes many users share a system, but only a single copy of the software is installed and Only one user uses the software.  In this case, only a single license is required for that system.  d)  Within a Company, Licenses can be transferred from one user to another user, or one computer to another computer, provided the software is first removed completely from the original system.  e)  Licenses cannot be transferred from one Company to another Company.

2.  Restrictions: This Software is confidential and copyrighted. Hitek Software and/or its licensors retain title to software and all associated intellectual property rights.  Except as specifically authorized in any supplemental license terms, you may not make copies of software, other than a single copy of software for archival purposes.  Unless applicable law prohibits enforcement, you may not modify, decompile, and reverse engineer software.  Software is not designed or licensed for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility.  You warrant that you will not use software for these purposes.  You may not publish or provide the results of any benchmark or comparison tests run on software to any third party without the prior written consent of Hiteksoftware.  No right, title or interest in or to any trademark, service mark, logo or trade name of Hiteksoftware or its licensors is granted under this agreement.

3.  Trial period:  This software is free for 30 days, to try it out before you decide whether you want to buy it.  Once you've installed this software, you can test it for 30 days.  After the 30-day trial period, if you decide that it's not something you want to have, simply remove it from your system.  Purchase the software only if you are fully satisfied that it meets your needs. After purchase, you agree not to request a refund.

4.  Registration Information:  When you use this software for the first time, and also when you register this software, the following information about your computer is recorded into the HitekSoftware User Registration Database: Computers current Date/Time, Hitek Software Product Name, Hitek Software Product Version, Registration Key for the installed Hitek Software Product, Computer Name, Computers Internal IP address, Username logged onto Computer, Operating Systems Registered Owner, Operating Systems Registered Organization, Computers Operating System type and version, Computers current date/time, Computers Timezone Setting, Computers Country Setting, Computers External IP address, and your Internet Service Providers hostname.  Only install this software, if you agree to have this information recorded by HitekSoftware.  By installing and/or registering this software, you hereby grant us your permission to record this information.

5.  Illegal Usage:  You agree not to use this software illegally.  Illegal use could be in the form of a) violating license counts, which you have purchased or b) using illegal registration keys to unlock the software which may be available at code cracker sites on the internet.  You agree that HitekSoftware will bill you, or your organization, for any willfull illegal use of our software.  The billing fees include piracy tracking costs and any lawyers costs involved.  The billing details for illegal use of our software is disclosed at our website at www.hiteksoftware.com.

6.  Disclaimer of warranty:  Unless specified in this agreement, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that these disclaimers are held to be legally invalid.

7.  Limitation of liability:   To the extent not prohibited by law, in no event will Hiteksoftware or its licensors be liable for any lost revenue, profit or data, or for special, indirect, consequential, incidental or punitive damages, however caused regardless of the theory of liability, arising out of or related to the use of or inability to use software, even if Hiteksoftware has been advised of the possibility of such damages.  In no event will Hiteksoftware's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for software under this agreement.  The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.

8.  Termination: This agreement is effective until terminated.  You may terminate this agreement at any time by destroying all copies of software.  This agreement will terminate immediately without notice from Hitek Software if you fail to comply with any provision of this agreement. Upon termination, you must destroy all copies of software.

9.  Export regulations:  All software and technical data delivered under this agreement are subject to us export control laws and may be subject to export or import regulations in other countries.  You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.

10.  Governing law:  California law and controlling U.S. Federal law will govern any action related to this agreement.  No choice of law rules of any jurisdiction will apply.

11.  Severability:  If any provision of this agreement is held to be unenforceable, this agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this agreement will immediately terminate.

12.  Integration:   This agreement is the entire agreement between you and Hiteksoftware relating to its subject matter.  It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this agreement.  No modification of this agreement will be binding, unless in writing and signed by an authorized representative of each party.

13.  Third Party:  This Software uses a Ftp api (NetComponents.jar), from http://www.Savarese.org.  The original license for this api is included with this software, in the file license_NetComponents.txt.  This api had been made freely available under the LPGL license.  Please visit http://www.gnu.org for details.  A copy of the GNU Lesser Public License is also distributed along with this software in the file license_gnu_lgpl.txt.   Currently, all developement and distribution of this NetComponents api is under the Apache Jakarta Project - Jakarta Commons Net.  Please visit http://www.apache.org for more details on the current status of this api.

For inquiries please contact: 
Hitek Software
http://www.hiteksoftware.com
support@hiteksoftware.com
