iMake 1.0.0 01/24/99 Preview Release

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LICENSE AGREEMENT

iMake 1.0.0 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 iMake
trademark and all iMake-related trademarks, logos and
icons and agrees to: (i) to comply with the iMake
Trademark Guidelines at
./trademarks.html
Trademarks; (ii) not do anything harmful to or inconsistent 
with Servertec's rights in the iMake Marks; and (iii)
assist Servertec in protecting those rights, including
assigning to Servertec any rights acquired by Licensee in
any iMake 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.



