iServer Version 1.9.0 08/13/2000 Preview Release
Evaluator License Agreement
This license ("License") contains rights and
restrictions associated with use of the
accompanying software ("Software") including,
but not limited to, one or more of the following:
source code, object code, dynamic link libraries,
static libraries, classes, byte code, header
files, utility programs, makefiles, images and
scripts together with the accompanying
documentation and examples. Read the License
carefully before downloading, installing or using
the Software. By downloading, installing or using
the Software you agree to be bound by the terms
and conditions of this License. If you do no
agree to the terms of this Agreement, do not
download, 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
internally free of charge for the purposes of
evaluation only. The evaluation period for use is
limited to 90 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; 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.
Licensee shall have no right to use the Licensed
Software for productive or commercial use.
3. Support. Servertec is under no obligation to
support Licensed Software or to provide Licensee
with updates or error corrections (collectively
"Software Updates"). If Servertec at its sole
option, supplies Software Updates to Licensee,
the Software Updates will be considered part of
Licensed Software, and subject to the terms of
this Agreement.
4. 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.
5. Trademarks and Logos. This License does not
authorize Licensee to use any Servertec name,
trademark or logo. Licensee acknowledges that
Servertec owns the iScript, iPP and iServer
trademarks and all iScript-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.
6. 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.
IN SOME JURISDICTIONS THIS MAY NOT APPLY TO YOU
AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT ARE BY
JURISDICTION.
7. 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. IN SOME
JURISDICTIONS THIS MAY NOT APPLY TO YOU AND YOU
MAY HAVE OTHER LEGAL RIGHTS THAT ARE BY
JURISDICTION.
8. 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.
9. 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.
10. 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.
11. 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.
12. Severability. IF ANY OF THE ABOVE PROVISIONS
ARE HELD TO BE IN VIOLATION OF APPLICABLE LAW,
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.
13. Breach of Agreement. It is understood and
agreed that, notwithstanding any other provision
of this Agreement, Licensee's breach of any of
the provisions of this Agreement will cause
Servertec irreparable damage for which recovery
of money damages would be inadequate, and that
Servertec will therefore be entitled to seek
timely injunctive relief to protect Servertec's
rights under this Agreement in addition to any
and all remedies available at law.
14. Miscellaneous. This Agreement is the parties'
entire agreement relating to its subject matter.
It supersedes all prior or contemporaneous oral
or written communications, proposals, conditions,
representations and warranties and prevails over
any conflicting or additional terms of any quote,
order, acknowledgment, or other communication
between the parties relating to its subject
matter during the term of this Agreement. No
modification to this Agreement will be binding,
unless in writing and signed by an authorized
representative of each party.
15. 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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