Servertec | Evaluator License Agreement

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iScript1.0.0 01/24/99 Preview Release Evaluator License This license ("License") contains rights and restrictions associated with use of the accompanying software, documentation and examples ("Software"). Read the License carefully before installing the Software. By downloading, installing or using the Software you agree to the terms and conditions of this License. If you do no agree to the terms of this Agreement, do not install, copy or use the software. 1. Limited License Grant. Servertec grants to you ("Licensee") a non-exclusive, non- transferable limited license to use the Software free of charge for evaluation. The evaluation period for use is limited to 30 days. Except for the foregoing, Licensee may not re-distribute the Software in whole or in part, either separately or included with a product. You may: use the Software on any single computer; use the Software on a network, provided that each person accessing the Software through the network must have a copy licensed to that person; use the Software on a second computer so long as only one copy is used at a time; or copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices. Additional copies of Software must be purchased directly from Servertec. 2. Restrictions. The Software is confidential copyrighted information of Servertec and title, ownership rights, and intellectual property rights in the Software and to all copies is retained by Servertec. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content. You may not: permit other individuals to use the Software except under the terms listed above; permit concurrent use of the Software; modify, translate, reverse engineer, decompile, decrypt, extract, disassemble, or create derivative works based on the Software; copy the Software other than as specified in Section 1 of this License; sell, rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or alter or remove any proprietary notices or labels on the Software. Software may not be leased, assigned, or sublicensed, in whole or in part, except as specifically authorized in Section 1. Licensee warrants that it will not use or redistribute the Software for such purposes. 3. High Risk Activities. The Software is not fault-tolerant and is not designed, manufactured or intended for use in on-line control equipment in hazardous environments requiring fail-safe performance, such as in the design, construction, operation or maintenance of any aircraft, air traffic, aircraft navigation, aircraft communications, nuclear facilities, direct or indirect life support machines, or weapons systems. Servertec and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. Licensee warrants that it will not use or redistribute the Software for such purposes. 4. Trademarks and Logos. This License does not authorize Licensee to use any Servertec name, trademark or logo. Licensee acknowledges that Servertec owns the iScript, iMake, iPP and iServer trademarks and all iScript-related, iMake-related, iPP-related and iServer-related trademarks, logos and icons and agrees to: (i) to comply with the Servertec Trademark Guidelines at Trademarks; (ii) not do anything harmful to or inconsistent with Servertec's rights in the Marks; and (iii) assist Servertec in protecting those rights, including assigning to Servertec any rights acquired by Licensee in any Servertec Mark. 5. Disclaimer of Warranty. FREE OF CHARGE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT A WARRANTY OF ANY KIND. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU AND NOT SERVERTEC ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME JURISDICTIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT ARE BY JURISDICTION. 6. Limitation of Liability. SERVERTEC SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL SERVERTEC BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, TORT, CONTRACT, OR OTHERWISE, ARISING OUT OF THE USE OF, MISUSE OF OR INABILITY TO USE SOFTWARE, EVEN IF SERVERTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT ARE BY JURISDICTION. 7. Termination. Licensee may terminate this License at any time by destroying all copies of Software. This License will terminate immediately without notice from Servertec if Licensee fails to comply with any provision of this License. Upon such termination, Licensee must destroy all copies of Software. 8. Export Regulations. Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re- export, or import Software. Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. 9. Restricted Rights. Use, duplication or disclosure by the United States government is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) as applicable. 10. Governing Law. Any action related to this License will be governed by New Jersey law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. 11. Severability. IF ANY OF THE ABOVE PROVISIONS ARE HELD TO BE IN VIOLATION OF APPLICABLE LAY, VOID, OR UNENFORCEABLE IN ANY JURISDICTION, THEN SUCH PROVISIONS ARE HEREWITH WAIVED OR AMENDED TO THE EXTENT NECESSARY FOR THE LICENSE TO BE OTHERWISE ENFORCEABLE IN SUCH JURISDICTION. HOWEVER, IF IN SERVERTEC'S OPINION DELETION OR AMENDMENT OF ANY PROVISIONS OF THE LICENSE BY OPERATION OF THIS PARAGRAPH UNREASONABLY COMPROMISES THE RIGHTS OR INCREASE THE LIABILITIES OF SERVERTEC, SERVERTEC AUTOMATICALLY TERMINATES THE LICENSE WITHOUT ANY REMEDY TO THE LICENSEE. UPON SUCH TERMINATION, LICENSEE MUST DESTROY ALL COPIES OF THE SOFTWARE. 12. Should you have any questions concerning this Agreement, or if you desire to contact Servertec for any reason, please write: Servertec, 18 Oakwood Avenue, Kearny, NJ, 07032.
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| Copyright © 1997-1999 Servertec. All rights reserved. Last Modified: Tue Jan 26 22:18:56 EST 1999