CERBERUS, LLC
END USER LICENSE AGREEMENT 
CERBERUS FTP SERVER 

Software License Agreement for Cerberus FTP Server

IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE 
(AS DEFINED BELOW), COPYING THE SOFTWARE AND/OR CLICKING ON 
THE "ACCEPT" BUTTON BELOW, YOU (EITHER ON BEHALF OF YOURSELF 
AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED 
REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF THIS END USER 
LICENSE AGREEMENT ("AGREEMENT") REGARDING YOUR USE OF THE 
SOFTWARE.  IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS 
AGREEMENT, CLICK ON THE "NO" BUTTON AND/OR DO NOT INSTALL, 
COPY OR OTHERWISE USE THE SOFTWARE.

1. GRANT OF LICENSE: Subject to the terms below, Cerberus, LLC
("Cerberus, LLC") hereby grants you a non-exclusive, 
non-transferable license to install and to use the downloadable, 
standard version of Cerberus FTP Server ("Software"). 

If you are licensing the Software as an individual or 
not-for-profit charitable entity (as set forth in U.S.C., Title 26, 
Section 501 (c)(3)(excluding governmental entities and 
educational institutions)) only, your license will be free to 
you for the term of the Agreement and you may: (i) install 
and use the Software on a single computer for your personal, 
internal use and in no event for the benefit of a company, 
for-profit entity, governmental entity, or educational 
institution; and (ii) copy the Software for back-up or 
archival purposes. 

If you are licensing the Software on behalf of a for-profit 
entity, governmental entity, or educational institution, your 
license will be free for an introductory thirty (30) day period 
and, should you elect to purchase the full license, will 
continue perpetually. During the introductory period, or the 
full license term, if you elect to purchase it, you may: 
(i) install and use the Software for your internal use on the 
number of computers for which you have paid license fees; and 
(ii) copy the Software for back-up or archival purposes.
 
Whether you are licensing the Software as an individual or on 
behalf of an entity, you may not: (i) reverse engineer, decompile, 
or disassemble the Software; (ii) modify, or create derivative 
works based upon, the Software in whole or in part; 
(iii) distribute copies of the Software; (iv) remove any 
proprietary notices or labels on the Software; or (v) resell, 
lease, rent, transfer, sublicense, or otherwise transfer rights 
to the Software. 

2. TITLE: You acknowledge that no title to the intellectual 
property in the Software is transferred to you. Title, ownership, 
rights, and intellectual property rights in and to the Software 
shall remain with CERBERUS, LLC. The Software is protected by copyright 
and patent laws of the United States and international treaties. 

3. UPDATES.  From time to time, Cerberus, LLC may make available 
updates to the software. You may download and install or otherwise 
use those updates to the software that are released by Cerberus, LLC 
within one year of software registration date.  All updates to the 
Software are governed by this Agreement, unless other license terms are 
provided with the update.

4. DISCLAIMER OF WARRANTY: YOU AGREE THAT CERBERUS, LLC HAS MADE NO
EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND 
THAT THE PRODUCTS ARE BEING PROVIDED TO YOU "AS IS" WITHOUT 
WARRANTY OF ANY KIND. CERBERUS, LLC DISCLAIMS ANY AND ALL OTHER 
WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, 
BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT 
OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A 
PARTICULAR PURPOSE. CERBERUS, LLC SHALL NOT BE LIABLE FOR INDIRECT, 
INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES 
(INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT) 
ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT. 

5. LIMITATION OF LIABILITY: You must assume the entire risk of 
using the program. IN NO EVENT SHALL CERBERUS, LLC BE LIABLE TO YOU 
FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR 
OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND 
ARISING OUT OF THE USE OF CERBERUS, LLC'S SOFTWARE, EVEN IF CERBERUS, LLC 
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT 
WILL CERBERUS, LLC'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, 
OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY 
YOU, PROVIDED, HOWEVER, IF THE RELEVANT PRODUCT WAS PROVIDED TO 
YOU AT NO CHARGE YOU AGREE CERBERUS, LLC SHALL NOT BE LIABLE TO YOU 
FOR ANY DAMAGES. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL 
INJURY TO THE EXTENT PERMITTED BY LAW. 

6. TERMINATION: This Agreement shall terminate automatically if 
you fail to comply with the limitations described in this Agreement, 
or if you are licensing the Software on behalf of an entity and do 
not elect to continue the license following the expiration of the 
introductory period or you do not renew any one (1) year license 
with Cerberus, LLC. No notice shall be required from Cerberus, LLC to 
effectuate such termination. Upon termination, except for failure 
to renew, you must uninstall and destroy all copies of the Software. 

7. MISCELLANEOUS:
Severability.  
In the event of invalidity of any provision of this Agreement, the 
parties agree that such invalidity shall not affect the validity of 
the remaining portions of this Agreement. 

Export.  
You agree that you will not export or re-export the Software 
outside of the jurisdiction in which you obtained it without the 
appropriate United States or foreign government licenses.

Governing Law.  
This Agreement will be governed by the laws of the State of 
Virginia as they are applied to agreements between Virginia
residents entered into and to be performed entirely within 
Virginia. The United Nations Convention on Contracts for the 
International Sale of Goods is specifically disclaimed.

Entire Agreement.  
You agree that this is the entire agreement between you and 
Cerberus, LLC, which supersedes any prior agreement, whether written 
or oral, and all other communications between Cerberus, LLC and you 
relating to the subject matter of this Agreement. 

Reservation of rights.  
All rights not expressly granted in this Agreement are reserved 
by Cerberus, LLC. 

© 2000 - 2007 Cerberus, LLC. All rights reserved. 



	


