End User License Agreement
Falcon File Transfer (“fft”)
Between Makai Systems LLC (“Makai”) and the person or company using the software (“You”). By installing, activating, or using Falcon File Transfer (“fft”), You agree to this Agreement.
- License. Makai grants You a limited, non-exclusive, non-transferable, revocable license to install and use fft solely for Your own internal evaluation and use, for the term of the license token Makai issues to You. All other rights are reserved.
- Restrictions. You will not: (a) reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or protocols of fft, except to the extent this restriction is prohibited by applicable law; (b) copy, distribute, sublicense, rent, sell, or make fft available to any third party; (c) remove, disable, or circumvent the license mechanism or any notice; or (d) use fft to build or assist in building a competing product.
- Confidentiality. fft, its license tokens, and its performance and behavior (including benchmark results) are Makai’s confidential information. You will protect them with at least reasonable care, use them only as permitted here, and not disclose them publicly without Makai’s prior written consent. This survives termination.
- Feedback. If You give Makai feedback, bug reports, or test results, Makai may use them for any purpose without obligation to You, and You grant Makai a perpetual, royalty-free license to do so.
- Ownership. fft is licensed, not sold. Makai and its licensors retain all right, title, and interest, including all intellectual property rights, in fft.
- No warranty. fft is provided “AS IS,” without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. You are responsible for backing up Your data and verifying transferred files.
- Limitation of liability. To the maximum extent permitted by law, Makai will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for lost profits, data, or goodwill. Makai’s total liability under this Agreement will not exceed the greater of the fees You paid for fft in the prior 12 months or US $100.
- Term and termination. This Agreement runs with Your license token and ends when the token expires or is revoked, or if You breach it. On termination You will stop using and delete fft.
- Governing law. This Agreement is governed by the laws of the State of California, without regard to conflict-of-laws rules. The exclusive venue for any dispute is the state and federal courts located in California, and the parties consent to their jurisdiction.
- Entire agreement. This is the entire agreement about fft and supersedes prior discussions. If any provision is unenforceable, the rest remains in effect.