Terms and Conditions + EULA

Terms and Conditions

Scope of the T&C

These terms and conditions govern our contractual relationship concerning the license and use of

  • FileZilla® Pro,
  • FileZilla® with Cloud Protocols and
  • FileZilla Pro CLI,

also collectively called “Software”. FileZilla® Pro, FileZilla® with Cloud Protocols and FileZilla Pro CLI are trade names of Business Follows Srl of Rome (Italy), data at the end of this document. Software may come as a one-off purchase or a subscription-based software application. In a one-off purchase you will have a right to receive services or other rights for the maximum period of time indicated in the package you have purchased or ‒ missing that indication ‒ for up to five years. In a subscription-based software application you will receive access to the services or other rights for the time when you will keep your subscription active by renewing it, until terminated by either parties.

The registration of the services will be performed as per the Documentation in the FileZilla Pro website (the “Documentation”), unless you purchased on other stores. In the latter case both the registration and the termination procedures may be different and depend on stores’ standard terms.

Registration shall occur within 4 weeks since purchase to fully benefit from the entire period of the services. Should you fail to complete the registration within this period of time for a problem originating from our servers, please inform us and we will provide you with an extension to cover the time when you have been unable to complete the registration.

Termination of a subscription-based software application services will be performed sending a termination notice to the email address you have indicated in your subscription or registration form. It is your duty to keep this information updated. Failure to deliver the termination notice shall not impact our right to terminate the subscription. Termination will not affect anyway the subscription for the period you have already paid for.

FileZilla Pro CLI

FileZilla Pro CLI can be used only on a command line interface (terminal) and has not Graphical User Interface. FileZilla Pro CLI is a proprietary application. You have only the rights established by these Terms and Conditions and not those granted by the GNU GPL.

License

FileZilla Pro is based on FileZilla, an open source application with similar functionalities distributed under the GNU GPL license (“GPL”). In certain cases we might not be distributing FileZilla Pro under the GPL conditions, but in any event (except for Filezilla Pro CLI) you have the right to receive a complete set of the corresponding source code of this app for a maximum of three years since you have obtained the object code, at no additional price and provided that you reimburse reasonable costs. This is a permanent and irrevocable offer. Please be reminded however that self-compiled versions will not have the necessary codes to complete the registration process and ‒ albeit fully functional and without missing features or other impairments ‒ they will not work with certain remote servers that are necessary to benefit from the subscription.

Your rights in case of proprietary licensing

If you have received a copy of the Software under the GPL, use, copy, distribution, modification, inspection of the code and in general your copyright license are regulated by the GPL, which will prevail over these terms and conditions for the scope of licensing. If you have received this copy under a proprietary license (for instance, from Apple’s App Store and in all cases Filezilla Pro CLI), your license is entirely governed by these terms and conditions.

You have the right to use the Software on up to 3 devices, or the different number in your purchase title. Unless activated, your copy will not receive updates and will not interact with the support services at FileZilla Pro.

You have the right to use FileZilla with Cloud Protocols on as many devices as per stores’ standard terms.

Except as expressly authorized by Copyright holders in writing or irrevocably permitted by statutory provisions, it is forbidden to:

  1. use the Software in other ways than allowed by this contract.
  2. tamper or interfere with the functionality, delivery or operation of the Software while using or installing it;
  3. sell, resell, rent, lease, distribute, transfer, assign, sublicense or otherwise deal with the Software, their components, the Documentation or any of the rights granted under this License Agreement
  4. duplicate, reproduce or copy (except for reasonable backup purposes) the Software or the Documentation; or
  5. export or re-export the Software, directly or indirectly, into any country prohibited by law.
  6. use the Software in the operation of Nuclear facilities, in aircraft navigation, in aircraft communication, in aircraft flight control, in aircraft traffic control systems or in other devices or systems in which serious injury or death to the operator of the device or system, or to others due to a malfunction (including, without limitation, software related delay or failure) could reasonably be foreseen.

It is prohibited to modify, remove, suppress, or in any other way make inconspicuous the copyright, digital fingerprints, watermarks, identification labels, legal notices contained within FileZilla Pro or other technical protection devices or data identifying FileZilla Pros’s rights in FileZilla Pro, its files or its components. This includes blocking the port or interfering with Internet port 443 (SSL/TLS) from the application, since the activation process relies on that port to establish due subscription; should you block the port, FileZilla Pro will fail to perform the activation and the advanced features will not be available.

No right is granted herein to any third party to use the Software, to the Licensee to use the Software for any third party, or to the Licensee to utilize the Software for any purpose whatsoever not described herein.

Ownership

Save for the right to use the Software and the Documentation expressly provided for in this document, You agree and acknowledge that all title to and rights in the the Software, their components, structure, databases, source code or design, and in the documentation, including without limitation all copyright trademarks, trade secrets, patents, and all other intellectual or industrial property rights and other confidential or proprietary information contained therein remain the property of the Software.

LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND PROVIDED THAT LIABILITY SHALL NOT BE EXCLUDED OR LIMITED IN RESPECT OF MALICIOUS INTENT OR GROSS NEGLIGENCE, COPYRIGHT HOLDERS HEREBY EXCLUDE ALL LIABILITY IN RESPECT OF:

  1. ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, OR CLAIMS BY A THIRD PARTY, EVEN IF A COPYRIGHT HOLDERS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS.

  2. DAMAGES, CLAIMS OR LIABILITIES ARISING OUT OF ANY OF THE FOLLOWING:

    1. THE CONTENT (INCLUDING WITHOUT LIMITATION ITS NATURE OR ANY INTELLECTUAL PROPERTY RIGHTS THEREIN) AND/OR ANY OTHER DATA, IMAGES, VIDEOS OR SOUNDS WHATSOEVER THAT THE LICENSEE MAY ACCESS OR TRANSMIT USING THE SOFTWARE;

    2. LIABILITY TO ANY EMPLOYER, PRINCIPAL, CLIENT, LESSOR OR PROVIDER OF COMPUTER EQUIPMENT OR FACILITIES, ARISING OUT OF THE INSTALLATION OF OR USE OF THE SOFTWARE;

    3. ANY CHARGES WHICH THE LICENSEE MAY INCUR TO ANY TELECOMMUNICATIONS SERVICE OR NETWORK.

WE EXPRESSLY EXCLUDE ALL LIABILITY IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS OR THIRD PARTY COMPONENTS THAT MAY BE INCLUDED WITHIN THE SOFTWARE, OR YOUR USE THEREOF.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS LICENSE AGREEMENT WILL BE LIMITED IN ANY CASE TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY, OR, IF HIGHER, TO THE MINIMUM AMOUNT STIPULATED BY A COMPULSORY LAW.

Consumer rights

If you act as a consumer under European Law, you have certain rights.

  • As you are allowed to start using FileZilla Pro and FileZilla Pro CLI since its purchase, you will not have the right to withdraw from the agreement once your copy has been registered. However, should you decide to terminate the contract before the registration of FileZilla Pro and FileZilla Pro CLI, you must follow the procedure show on the website to return your product within 30 days after your purchase. If you have purchased your copy earlier than 30 days ago, return and reimbursement is not possible any more.
  • You have a 2 years statutory warranty for defects or lack of conformance in your products;

Applicable law and jurisdiction

The law of England and Wales shall govern the interpretation, execution, performance, termination and in general all aspects deriving from or pertaining to this Agreement, including its validity and this very clause.

Any controversy which cannot be amicably resolved by the parties shall be decided by the relevant Court having jurisdiction for the City of Milano, Italy. This jurisdiction clause shall not affect the right of a Consumer to be only summoned before the Court having jurisdiction in their domicile.

Data protection notice

What follows is the data protection notice of FileZilla Pro.

Your data will be kept by FileZilla Pro, whose data are at the bottom of this file. Your data will be kept for the purposes of complying with the contractual obligations now undertaken. Therefore the legal basis of the processing is to perform a contract where you are a party. In addition, data are processed to provide evidence of the correct use and in general of compliance with contractual and legal obligation, therefore in the FileZilla Pro own interest, including to send to you relevant information about your use of FileZilla Pro and to provide you with news and updates about FileZilla Pro, including through email communication. You can opt to stop receiving these updates at any time, but this will not affect previous mailing.

Your data will not be shared with other parties without your consent, unless in order to comply with the local legislation. Your data are collected by the facility you are obtaining the key from. Your data will be kept with us, under our control, for a maximum of two years after your subscription has expired or until you have title to otherwise receive updates of FileZilla Pro in case of purchase; in any case your data will be kept for a maximum of ten years since our last interaction for the exclusive scope of defending FileZilla Pro’s rights.

Providing data is compulsory to complete the agreement. You might not provide data which are not marked as mandatory, but you might miss opportunities and useful information.

You have the right to obtain more information about your data collected by FileZilla Pro and a copy of them upon paying reasonable processing fees, and to obtain portability to another platform. For any inquiry, please contact privacy@filezillapro.com. You have also the right to correct your data and to demand immediate erasure of them, unless they are required to defend FileZilla Pro’s rights or there is an interest by FileZilla Pro to process them. No data will be exported or used to take automated decisions. You have the right to object against the processing and seek redress from an independent supervising authority.

[ ] I accept the above terms and conditions [must be checked before proceeding]

Business Follows Srl
Piazza S.Giovanni in Laterano 26
00184 Roma
partita IVA /CF 13849901007
info@businessfollows.com

License Agreement

The following license agreement (the “License Agreement”) between you and Business Follows (“us”, “we”, “our”), together with FileZilla Pro® Terms of Service governs the downloading, installation and use of the FileZilla® CLI application, including any components, copies, updates, enhancements, upgrades or subsequent versions thereof that may be released by us (collectively, the “Software”) and any accompanying manuals, help files and documentation (the “Documentation”), unless otherwise stated locally.

This License Agreement shall be applicable to the Software considered as a whole and, in particular but without limitation, to any file included therein when forming part of this version, and to any update, enhancement or fix incorporated in the program.

This License Agreement is not valid unless the Software has been acquired from an approved Business Follows channel of distribution, linked in the then-current Filezilla Pro website.

Grant of license and restrictions

Subject to the Licensee’s acceptance and continued compliance with this License Agreement and with the FileZilla Terms of Service, we hereby grant the Licensee a non-exclusive, non-transferable, limited in time and in scope license to install, use or otherwise benefit from the functionality of the Software in the manner and for the purposes described in the Documentation, only in the number of copies purchased and authorized.

Except as expressly authorized by us in writing, it is forbidden to:

  1. use this Software in other ways than allowed by this contract and/or exceeding the number of copies purchased;
  2. tamper or interfere with the functionality, delivery or operation of the Software while using or installing it;
  3. sell, resell, rent, lease, distribute, transfer, assign, sublicense or otherwise deal with the Software, its components, the Documentation or any of the rights granted under this License Agreement; the exhaustion principle only applies to purchases of an end user for their own personal consumption and for the entire number of copies purchased in one instance: if you have purchased three copies, you cannot sell one copy and retain the other two;
  4. duplicate, reproduce or copy (except for reasonable backup purposes) the Software or the Documentation; or
  5. export or re-export the Software, directly or indirectly, into any country prohibited by law.
  6. use this Software in the operation of nuclear facilities, in aircraft navigation, in aircraft communication, in aircraft flight control, in aircraft traffic control systems or in other devices or systems in which serious injury or death to the operator of the device or system, or to others due to a malfunction (including, without limitation, software related delay or failure) could reasonably be foreseen.

It is prohibited to modify, remove, suppress, or in any other way make inconspicuous the copyright, digital fingerprints, watermarks, identification labels, legal notices contained within the Software or other technical protection devices or data identifying our or our licensors rights in the Software, its files or its components.

No right is granted herein to any third party to use the Software, to the Licensee to use the Software for any third party, or to the Licensee to utilize the Software for any purpose whatsoever not described herein.

Ownership

Save for the right to use the Software and the Documentation expressly provided for in this License Agreement, the Licensee agrees and acknowledges that all title to and rights in the Software, its components, structure, databases, source code or design, and in the Documentation, including without limitation all copyright trademarks, trade secrets, patents, and all other intellectual or industrial property rights and other confidential or proprietary information contained therein remain the property of Business Follows or its licensors.

Liability

To the maximum extent permitted by law, and provided that liability shall not be excluded or limited in respect of malicious intent or gross negligence, and except you have a different agreement under a software maintenance agreement, we hereby excludes all liability in respect of:

  1. any loss, damages, claims or costs whatsoever including any consequential, indirect or incidental damages, any lost profits or lost savings, any damages resulting from business interruption, or claims by a third party, even if a Business Follows representative has been advised of the possibility of such loss, damages, claims or costs.
  2. damages, claims or liabilities arising out of any of the following:
    1. the content (including without limitation its nature or any intellectual property rights therein) and/or any other data, images, videos or sounds whatsoever that the licensee may access or transmit using the Software;
    2. liability to any employer, principal, client, lessor or provider of computer equipment or facilities, arising out of the installation of or use of the Software;
    3. any charges which the licensee may incur to any telecommunications service or network.

We expressly exclude all liability in connection with any third party applications or third party components that may be included within the Software, or your use thereof.

To the maximum extent permitted by law, our aggregate liability and that of its affiliates and suppliers under or in connection with this License Agreement will be limited in any case to the amount paid for the Software, if any, or, if higher, to the minimum amount stipulated by a compulsory law.

General

This License Agreement contains the entire agreement between the Licensee and Business Follows with respect to the subject matter hereof and supersedes all prior agreements, negotiations, representations of any kind and proposals, written and oral, relating to its subject matter. This does not prejudice the existence and validity of other agreements for similar scopes and purposes, including maintenance and assistance agreements in place with us.

If any provision of this License Agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from this License Agreement and the other provisions shall remain in full force and effect.

All notices given by either party to the other pursuant to this License Agreement shall be in writing and delivered at its principal place of business by fax or delivery service.

The waiver or failure of us to exercise in any respect any rights provided for in this License Agreement shall not be deemed a waiver of any actual or further right under this License Agreement.

FileZilla® is a Trademark of Tim Kosse. FileZilla Pro® is a Trademark of Tim Kosse and Business Follows