By downloading, installing, using, or accessing the WinSCP software and website, you signify your agreement to these Terms of Use and our Privacy Policy. If you do not agree to these Terms, you must not use our services. Your continued use of the WinSCP software or website following the posting of revised Terms means that you accept and agree to the changes.
You are granted a non-exclusive, non-transferable, revocable license to access and use the WinSCP website and download the software strictly in accordance with these Terms. You agree not to use the website for any unlawful purpose or in any way that could damage, disable, overburden, or impair the site. Prohibited activities include attempting to gain unauthorized access to any part of the website, its servers, or associated systems, or interfering with any other party's use and enjoyment of the website. As open-source software, WinSCP encourages legitimate use and community contributions, but misuse of the website infrastructure is strictly prohibited.
The WinSCP software, including its source code, is open-source and licensed under the GNU General Public License. However, the WinSCP name, logo, website content, and all associated trademarks are the exclusive property of WinSCP and its licensors, protected by copyright and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of the website content without explicit written permission. This ensures the integrity and branding of the WinSCP project remain protected.
The WinSCP software and website are provided on an 'as is' and 'as available' basis, without any warranties of any kind, either express or implied. WinSCP does not warrant that the software will be uninterrupted, error-free, secure, or that defects will be corrected. We disclaim all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permissible pursuant to applicable law. Your use of the software and website is solely at your own risk.
In no event shall WinSCP, its developers, or contributors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of, or inability to access or use, the software or website. This limitation applies even if WinSCP has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Our website may contain links to third-party websites or services that are not owned or controlled by WinSCP. WinSCP has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Your interactions with such third parties are solely at your own risk.
WinSCP reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our software or website after those revisions become effective, you agree to be bound by the revised terms.
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the United States to resolve any dispute or claim arising from these Terms. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
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