Last updated: January 22, 2020
Last updated: January 22, 2020
This End-User License Agreement ("Agreement") is a legal agreement between you and becke.ch
This Agreement governs your acquisition and use of our SFTP Server s0 v1 software ("Software") directly from becke.ch or indirectly through a becke.ch authorized reseller or distributor (a "Reseller").
Please read this Agreement carefully before completing the installation process and using the Software. It provides a license to use the Software and contains warranty information and liability disclaimers.
By clicking "accept" or installing and/or using the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this Agreement.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this Agreement, do not install or use the Software, and you must not accept this Agreement.
This Agreement shall apply only to the Software supplied by becke.ch herewith regardless of whether other software is referred to or described herein. The terms also apply to any becke.ch updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
becke.ch reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement, at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Software following the posting of changes will mean that you accept and agree to the changes. becke.ch will make the current version of the Agreement available at www--s0-v1.becke.ch/app/becke-ch--sftp-server--s0-v1/legal/becke-ch--sftp-server--s0-v1--eula.html, (“Site”). Your use of the Software is subject to the most current version of the Agreement at the time of such use.
becke.ch hereby grants you a personal, non-transferable, non-exclusive licence to use the Software on your devices in accordance with the terms of this Agreement.
You are permitted to load the Software (for example on a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Software.
You are not permitted to:
becke.ch shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of becke.ch.
becke.ch reserves the right to grant licences to use the Software to third parties.
This Agreement shall remain in effect until terminated by you or becke.ch
becke.ch may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from becke.ch, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Software and all copies thereof from your mobile device or from your desktop.
Upon termination of this Agreement, you shall cease all use of the Software and delete all copies of the Software from your mobile device or from your desktop.
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Software; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Software is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, becke.ch, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Software, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, becke.ch provides no warranty or undertaking, and makes no representation of any kind that the Software will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither becke.ch nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Software, or the information, content, and materials or products included thereon; (ii) that the Software will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Software; or (iv) that the Software, its servers, the content, or e-mails sent from or on behalf of becke.ch are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Notwithstanding any damages that You might incur, the entire liability of becke.ch and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Software.
To the maximum extent permitted by applicable law, in no event shall becke.ch or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Software, third-party software and/or third-party hardware used with the Software, or otherwise in connection with any provision of this Agreement), even if becke.ch or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
This Agreement, and any dispute arising out of or in connection with this Agreement, shall be governed by and construed in accordance with the laws of Switzerland.