SoftwareBob End User License Agreement

Date of last revision 1 September, 2016.

By accepting this agreement or by installing SoftwareBob or other software offered by or on behalf of SoftwareBob Limited (the "Software"), you agree to the following terms, notwithstanding anything to the contrary in this agreement.

The Software is a Managed File Transfer application distributed by SoftwareBob Limited.

1. License

Subject to your compliance with these terms and conditions, SoftwareBob Limited grants you a royalty-free, non-exclusive, non-transferable license to use the Software, solely for your personal, non-commercial purposes. SoftwareBob Limited reserves all rights in the Software not expressly granted to you here.

For commercial purposes you must use a free trial or pay software license fees to unlock premium functionality in which case subject to your compliance with these terms and conditions, SoftwareBob Limited grants you a royalty-free, non-exclusive, non-transferable license to use the Software for commercial purposes on the number of computers equal to the number of software licenses you have paid for.

2. Restrictions

The source code, design, and structure of the Software are trade secrets. You will not disassemble, decompile, or reverse engineer it, in whole or in part, except to the extent expressly permitted by law, or distribute it. You will not use the Software for illegal purposes. You will comply with all export laws. The Software is licensed, not sold.

3. 100% Satisfaction Guarantee

To enable you to experience the full functionality of the software without risk, we offer a 30 day money back guarantee. If for any reason you are not happy with the software or our services simply cancel your order within 30 days to receive a full refund of the purchase price. To cancel, you can update the subscription from the My Account page.

4. Software License Fees

Software License fees are payable in advance. By purchasing a Software License, you authorize us to charge your payment method immediately after your trial period ends (if you have not cancelled during your trial) and on a pre-pay basis for the software license period indicated. We may, in our sole discretion, suspend any aspect of the Software which you have not paid for.

To avoid a potential disruption to your Software, we offer automatic renewal, and it is enabled by default for all purchases. Unless you notify SoftwareBob Limited before the end of the applicable software license period that you want to cancel, your software license will automatically renew, and you authorize us to collect the then-applicable monthly or annual fee (which may change) for such software license (as well as any taxes that SoftwareBob Limited has the legal obligation to collect or pay) using any credit card or other payment mechanism we have on record for you. To cancel, you can remove your credit card from the My Account page.

You may claim a refund of any fees you have paid for any software license within 1 month of your purchase. Your use of the Software you are claiming a refund for may be terminated when you are refunded.

Without detracting from any of our rights, you agree that we are entitled to discontinue any aspect of the Software you may be using if you fail to pay any amount when it falls due or if you breach these Terms. In the event we incur expenses to recover amounts you owe us, you further agree that we may recover our legal costs on the attorney and own client scale, collection charges and tracing fees, and any applicable taxes.

5. Third Party Fees

You may incur access fees or data or usage fees from third parties (such as your Internet provider, mobile carrier, or value-added-network) in connection with your use of the Software. For instance, you may incur such fees if you use the Software and it downloads files or Updates. You are responsible for all such fees.

6. Updates

Automatic synchronization or updates (“Updates”) with our servers or systems is sometimes required to ensure optimum use of the Software. Such Updates may periodically be provided to you in various formats. You agree to let the Software automatically contact us to receive Updates. Updates may include both additions to and removals of particular functionality offered by the Software or may replace it entirely, and the content and functionality of such updates is at the sole discretion of SoftwareBob Limited. SoftwareBob Limited in its sole discretion may stop providing Updates for any version of the Software other than the most current version, or Updates supporting use of the Software in connection with any versions of operating systems, email programs, browser programs and other software with which the Software is designed to operate

7. Disclaimer of Warranty

SoftwareBob Limited disclaims any responsibility for harm resulting from the Software or any software or content transferred using the Software, whether or not SoftwareBob Limited approved such software or content. SoftwareBob Limited approval does not guarantee that software or content from SoftwareBob Limited or an approved partner will function, sound, or appear as offered or hoped, or be complete, accurate, or free from bugs, errors, viruses, or other harmful content. SoftwareBob Limited expressly disclaims all warranties and conditions, express or implied, including any implied warranties and conditions of merchantability, fitness for a particular purpose, and noninfringement, and any warranties and conditions arising out of course of dealing or usage of trade regarding the Software or any software or content you transfer using the Software. No advice or information, whether oral or written, obtained from SoftwareBob Limited or elsewhere will create any warranty or condition not expressly stated in this agreement. Some jurisdictions do not allow certain limitations on implied warranties, so the above limitation may not apply to you to its full extent.

8. Limitation of Liability

SoftwareBob Limited’s total liability to you from all causes of action and under all theories of liability will be limited to $10.00. In no event and under no theory of liability will SoftwareBob Limited be liable to you for any special, incidental, exemplary, or consequential damages arising out of or in connection with this agreement or the software whether or not SoftwareBob Limited has been advised of the possibility of such damages. The foregoing limitations will survive even if any limited remedy specified is found to have failed of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you to its full extent.

9. U.S. Government Users

The Software is "commercial computer software" any use of which by or on behalf of the U.S. Government is subject to the restrictions herein. Manufactured by SoftwareBob Limited.

10. General

These SoftwareBob Limited terms will be governed by and construed in accordance with the laws of New Zealand, without regard to conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply. The failure by either party to enforce any provision will not constitute a waiver. Any waiver, modification, or amendment of the SoftwareBob Limited terms will be effective only if signed. If any provision is held to be unenforceable, it will be enforced to the maximum extent possible and will not diminish other provisions. SoftwareBob Limited may make changes to these terms from time to time. When these changes are made, SoftwareBob Limited will make a new copy of the terms available at www.softwarebob.com/terms-and-conditions-software/. You understand and agree that if you use the Software after the date on which the terms have changed, SoftwareBob Limited will treat your use as acceptance of the updated terms. You agree that SoftwareBob Limited may provide you with notices, including those regarding changes to the terms, by postings on www.softwarebob.com/terms-and-conditions-software/. This and the Terms of Use at www.softwarebob.com/terms-and-conditions-website/ are SoftwareBob Limited's complete and exclusive understanding with you regarding your use of the Software as an end user.

11. Contact

If you have any questions, contact us at [email protected].