CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT BEFORE CLICKING THE YES BUTTON. BY CLICKING THE YES BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE NO BUTTON TO PREVENT INSTALLATION.
PRODUCT DESCRIPTION
GlobalTransfer software makes transferring computer files as easy as faxing. While faxing a document sends only a picture of the document, file transfer sends a file that can be opened, modified, and printed.
Using GlobalTransfer software, you can exchange files with millions of other computer users. Since GlobalTransfer supports an industry standard file transfer protocol, you can exchange files with users who have almost any telecommunications application.
For users who don't have a telecommunications application, or who want to try out GlobalTransfer, Global Village offers a lite version of GlobalTransfer software. GlobalTransfer Lite is free software that provides all the capabilities of GlobalTransfer software for 30 days from the time the user first launches it. After 30 days, users of GlobalTransfer Lite can still receive files, but can no longer send files.
When distributing GlobalTransfer Lite software, please copy and distribute only the GlobalTransfer Lite self-extracting file gtranslz.exe, not the individual files. For more information about distributing GlobalTransfer Lite software, read the following License Agreement.
WHEN TO USE GLOBALTRANSFER OR E-MAIL
Both GlobalTransfer and e-mail can be used to transfer files. Each method has its advantages, and you will typically use a different method when communicating with different people.
GlobalTransfer provides easy, reliable point-to-point file transfer. You can use it to transfer files with almost anyone who has a modem. As with faxing, files are transferred immediately and you get a confirmation that the files were received.
E-mail can also be used to transfer files when you and the other person both have e-mail accounts. You must either use the same e-mail service or have e-mail services that are connected by gateways that support file attachments. However, many gateways, including Internet gateways, have limitations on file size or file encoding that cause problems when sending files.
GlobalTransfer is your best choice if any of the following are true:
You're not sure whether your e-mail service is compatible with that of the other person
You want the file to be transferred immediately
You want confirmation that the other person received the file
READ ME INFORMATION
Refer to the GlobalTransfer Read Me file (to be installed on your hard disk) for important information about GlobalTransfer software.
LICENSE AGREEMENT
1. License. The software accompanying this License, whether on disk, in read only memory, or on any other media (the "Global Village Software"), and the related documentation are licensed, not sold, to you by Global Village for use only under the terms of this License. You own the disk on which the Global Village Software is recorded, but Global Village and/or Global Village's Licensor(s) retain title to the Global Village Software itself and all intellectual property rights in all related documentation.
This License allows you to use the Global Village Software on a single computer and make one copy of the Global Village Software in machine-readable form for backup purposes only.
You must reproduce on all copies of the Global Village Software and documentation the Global Village copyright notice and any other proprietary legends that were on the original copy of the Global Village Software and documentation. The Licenses granted here are nontransferable except that you may transfer all your license rights in the Global Village Software, the backup copy of the Global Village Software, the related documentation and a copy of this License to another party, provided (i) you transfer to such party the original copy of the Global Village Software and documentation and destroy all copies made by you pursuant to this License; and (ii) the other party reads and agrees in writing to accept the terms and conditions of this License.
You may not use, assign or otherwise transfer a previous version or copy of the Global Village Software after you have received an upgraded version of the Global Village Software.
Notwithstanding any of the terms and conditions in this Agreement, if a License Authorization Form is contained in your box, you may make and use up to the number of copies indicated on the License Authorization Form. The License Authorization Form will constitute proof of your right to make and use such additional copies. This form is a separate paper insert and only comes with certain products.
2. Restrictions. The Global Village Software contains copyrighted material, trade secrets and other proprietary material, and in order to protect them, you may not decompile, reverse engineer, disassemble, or otherwise attempt to reduce the Global Village Software to a human-perceivable form. You may not network, rent, lease, loan, distribute, transmit, or otherwise make the Global Village Software available to third parties and may not modify or create derivative works based upon the Global Village Software in whole or in part. You may not electronically transmit the Global Village Software from one computer to another or over a network other than to install the Global Village Software on a properly licensed computer. You may not copy the Global Village Software or documentation except as expressly permitted. You may not remove or obscure any proprietary notices appearing on the Global Village Software or accompanying documentation.
For GlobalTransfer Lite software, the following provisions apply: Subject to the restrictions in this Agreement, you may make copies of the entire executable (binary) code of GlobalTransfer Lite (the GlobalTransfer Lite self-extracting file gtranslz.exe) and distribute such copies, so long as (i) you do not charge a fee for such distribution, (ii) such distribution is not otherwise for the purpose of receiving payment or other consideration for the GlobalTransfer Lite program and (iii) the user receiving GlobalTransfer Lite agrees to be bound by the terms of the license agreement that accompanies that program. The foregoing provisions do not apply to GlobalTransfer - GlobalTransfer is a separate product and is considered "Global Village Software" under this agreement.
The GlobalTransfer Lite software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the GlobalTransfer Lite software is borne by you. Should the GlobalTransfer Lite software prove defective, you and not Global Village assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Global Village Software and related documentation and all copies thereof. This License will terminate immediately without notice from Global Village if you fail to comply with any provision of this License. Upon termination you must destroy the Global Village Software and related documentation and all copies thereof.
4. Export Law Assurances. You agree and certify that neither the Global Village Software nor any other technical data received from Global Village, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Global Village Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export the Global Village Software nor any other technical data received from Global Village, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Global Village Software.
5. Government End Users. If you are acquiring the Global Village Software and fonts on behalf of any unit or agency of the United States Government or a foreign government, the following provisions apply. You agree:
(i) if the Global Village Software and fonts are supplied to the Department of Defense (DoD), the Global Village Software and fonts are classified as "Commercial Computer Software" and you are acquiring only "restricted rights" in the Global Village Software and its documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS;
(ii) if the Global Village Software and fonts are supplied to any unit or agency of the United States Government other than DoD, your rights in the Global Village Software and its documentation are as defined in Clause 52.227-19(c)(2) of the FAR or, if you are NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR;
(iii) if the Global Village Software and fonts are supplied to a foreign government, you agree that use, duplication or disclosure of the Global Village Software and related documentation shall be subject to equivalent restrictions to those set forth in (i) and (ii) as defined in your country's laws and/or regulations.
Manufacturer: Global Village Communication, Inc., 1144 East Arques Avenue, Sunnyvale, CA 94086.
6. Limited Warranty. Global Village warrants the disks on which the Global Village Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of your receipt. Global Village's entire liability and your exclusive remedy will be replacement of the disks not meeting Global Village's limited warranty which are returned to Global Village or a Global Village authorized representative with a copy of your receipt within four (4) months from your date of purchase. Global Village will have no responsibility to replace a disk damaged by accident, abuse or misapplication. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
7. Disclaimer of Warranty on Global Village Software. You expressly acknowledge and agree that use of the Global Village Software is at your sole risk. EXCEPT AS SET FORTH IN SECTION 6, THE GLOBAL VILLAGE SOFTWARE AND RELATED DOCUMENTATION ARE LICENSED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND GLOBAL VILLAGE AND GLOBAL VILLAGE'S LICENSOR(S) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. NEITHER GLOBAL VILLAGE NOR ITS LICENSORS WARRANT THAT THE FUNCTIONS CONTAINED IN THE GLOBAL VILLAGE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE GLOBAL VILLAGE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GLOBAL VILLAGE SOFTWARE WILL BE CORRECTED.
FURTHERMORE, NEITHER GLOBAL VILLAGE NOR ITS LICENSORS WARRANTS OR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE GLOBAL VILLAGE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GLOBAL VILLAGE, ITS LICENSORS OR A GLOBAL VILLAGE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. EXCEPT AS SET FORTH IN SECTION 6, SHOULD THE GLOBAL VILLAGE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT GLOBAL VILLAGE, ITS LICENSORS OR A GLOBAL-VILLAGE-AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL GLOBAL VILLAGE, ITS LICENSOR(S), OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE GLOBAL VILLAGE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.
In no event shall Global Village's total liability to you for all damages, whatever the cause and regardless of the form of action (whether in contract, tort (including negligence), or otherwise) exceed the amount paid by you to obtain this copy of the Global Village Software.
9. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the United States and the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. If, for any reason, a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect. Global Village's failure to enforce any provision of this License shall not be deemed a waiver of such provision.
10. Complete Agreement. This License constitutes the final, complete and exclusive agreement between the parties with respect to the use of the Global Village Software and related documentation and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Global Village.
