iServer Version 1.7.0 01/09/2000
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 be bound by 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 60 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 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.
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.
THE FOLLOWING SECTIONS PERTAIN ONLY TO THE CLASSES INCLUDED IN THE
SERVLET.JAR ARCHIVE, THEY DO NOT ALTER OR CHANGE THE ABOVE AGREEMENT IN ANY
WAY AND ARE ONLY ADDED IN ORDER TO INCLUDE THE SERVLET.JAR ALONG WITH ISERVER
AS PER JAVA SERVLET DEVELOPER'S KIT 2.1 BINARY LICENSE:
1. Definition. In the following sections the term "Program" and "Software"
refers only to the classes included in the servlet.jar archive.
2. Servertec and its licensors agrees to indemnify, hold harmless, and
defend Sun and its licensors from and against any claims or lawsuits,
including attorneys' fees, that arise or result from the use or distribution
of the Program.
3. Restrictions. Software is confidential copyrighted information of Sun and
title to all copies is retained by Sun and/or its licensors. Licensee shall
not modify, decompile, disassemble, decrypt, extract, or otherwise reverse
engineer Software. Software may not be leased, assigned, or sublicensed, in
whole or in part. Software is not designed or intended for use in on-line
control of aircraft, air traffic, aircraft navigation or aircraft
communications; or in the design, construction, operation or maintenance of
any nuclear facility. 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
Sun name, trademark or logo. Licensee acknowledges that Sun owns the Java
trademark and all Java-related trademarks, logos and icons including the
Coffee Cup and Duke ("Java Marks") and agrees to: (i) to comply with the
Java Trademark Guidelines at http://java.com/trademarks.html; (ii) not do
anything harmful to or inconsistent with Sun's rights in the Java Marks;
and (iii) assist Sun in protecting those rights, including assigning to Sun
any rights acquired by Licensee in any Java Mark.
5. Limitation of Liability. SUN AND ITS LICENSORS 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 WILL SUN OR ITS LICENSORS BE LIABLE FOR
ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS
OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE
SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. 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.
7. 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.
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