MOVEitŪ Central API is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. MOVEit Central API is licensed, not sold. The terms of use of MOVEit Central API are described in Ipswitch' Software License and Maintenance Agreement which must be executed between you (or your company or institution) and Ipswitch, Inc. If no such Agreement has been executed, you are considered to be evaluating MOVEit Central API, and the following conditions regarding its use shall apply:
1. GRANT OF LICENSE. This license agreement grants you the following rights:
Installation and Use. You may install and use MOVEit Central API on multiple computers solely for your personal or company use, but only if you have licensed MOVEit Central with the MOVEit Central API option. You may also make copies of MOVEit Central API for backup and archival purposes.
Distribution. You may not reproduce or distribute license key codes or licensed versions of the product except under the express and written permission of Ipswitch, Inc.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble MOVEit Central API, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Software Transfer. You may permanently transfer all of your rights under this license agreement provided the recipient agrees to the terms of this license agreement
Termination. Without prejudice to any other rights, Ipswitch, Inc. may terminate this license agreement if you fail to comply with the terms and conditions of this license agreement. In such event, you must destroy all copies of MOVEit Central API and all of its component parts.
Rental. You may not sell, rent, or lease MOVEit Central API.
3. COPYRIGHT. All title and copyrights in and to MOVEit Central API, the accompanying printed materials, and any copies of MOVEit Central API are owned by Ipswitch, Inc. MOVEit Central API is protected by copyright laws and international treaty provisions. Therefore, you must treat MOVEit Central API like any other copyrighted material.
4. At the heart of the MOVEit family is Ipswitch' MOVEit Crypto encryption object. Because this code uses sophisticated cryptology, it is subject to control under the Bureau of Industry and Security (BIS) in the U.S. Department of Commerce. Complete rules governing exports of encryption may be found at http://www.bxa.doc.gov/Encryption/Default.htm.
MOVEit Crypto, MOVEit DMZ, MOVEit Central API, MOVEit API, MOVEit API Perl and MOVEit Wizard may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, or Syria. If you download and/or run our software listed above, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country.
WARRANTY AND LIMITATION OF LIABILITY
LIMITED WARRANTY. Ipswitch, Inc. warrants that (a) MOVEit Central API will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by Ipswitch, Inc. shall be substantially as described in applicable written materials provided to you by Ipswitch, Inc., and Ipswitch, Inc. support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on MOVEit Central API, if any, are limited to ninety (90) days.
CUSTOMER REMEDIES. Ipswitch, Inc.'s and its suppliers' entire liability and your exclusive remedy shall be, at Ipswitch, Inc.'s option, either (a) return of the price paid, if any, or (b) repair or replacement of MOVEit Central API that does not meet Ipswitch, Inc.'s Limited Warranty and which is returned to Ipswitch, Inc. with a copy of your receipt. This Limited Warranty is void if failure of MOVEit Central API has resulted from accident, abuse, or misapplication. Any replacement MOVEit Central API will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IPSWITCH, INC. AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO MOVEit Central API, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IPSWITCH, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE MOVEit Central API OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF IPSWITCH, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, IPSWITCH, INC.'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR MOVEit Central API OR U.S.$5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A IPSWITCH, INC. SUPPORT SERVICES AGREEMENT, IPSWITCH, INC.'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TRADEMARKS. All names of products and companies used in this document, the software, or the enclosed documentation may be trademarks of their corresponding owners. Their use in this document is intended to be in compliance with the respective guidelines and licenses.