Serva EULA

END USER LICENSE AGREEMENT (EULA) FOR SERVA (NON-SUPPORTER) v2.1.X, SERVA (SUPPORTER) v2.1.X AND SERVAPENET v2.1.X

Please read this End User License Agreement before using this software. By checking "I agree" or taking any step to download, set-up, install or use all or any portion of this software, you are agreeing to be bound by the terms of this License. If you do not agree to these terms, promptly cease all further download, installation or use of the software. It is agreed that certain restrictions under this License only apply to SERVA (NON-SUPPORTER) software or, as the case may be, to SERVA (SUPPORTER) or SERVAPENET software.

DEFINITIONS
In this Agreement, “PM” means Patrick Masotta ; “LICENSEE” means you, the licensee of the software; “SOFTWARE” means SERVA  (NON-SUPPORTER), SERVA (SUPPORTER) or SERVAPENET, depending on the product type freely used or purchased by the “LICENSEE”, as the case may be, being understood that SERVA (NON-SUPPORTER) software is offered free of charge.

LICENSE
In consideration of your undertaking to comply with the terms and conditions of this License Agreement, “PM” grants you, “LICENSEE”, a non-exclusive license to use the “SOFTWARE” on a single computer system. It is also agreed that the License granted to the “LICENSEE” pertaining to SERVA (SUPPORTER) is non-transferable. “LICENSEE” may not use more than a single instance of the “SOFTWARE” at the same time. This Agreement does not grant “LICENSEE” any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, functions or licenses in respect of the “SOFTWARE”.

COPYRIGHT AND RESTRICTIONS ON USE
The “SOFTWARE” contains copyrighted material and, in its human readable form, it contains trade secrets and proprietary information owned by or licensed to “PM”. Title to and ownership of the “SOFTWARE” and the documentation that accompanies the Software and all intellectual property rights in the “SOFTWARE” and said documentation are and shall remain the sole property of “PM” and/or its licensors.
“LICENSEE” may not de-compile, reverse engineer, disassemble or otherwise reduce it to human readable form. “LICENSEE” may not modify, rent, lease, loan the “SOFTWARE” or distribute copies of it. “LICENSEE” may not electronically transfer the “SOFTWARE” over a network, a telephone circuit or the Internet. These restrictions related to the distribution and electronic transfer of the “SOFTWARE” do not apply to the SERVA (NON-SUPPORTER) software. 
“LICENSEE” can use SERVA (NON-SUPPORTER) software for personal non-commercial purposes only.
“LICENSEE” can use SERVAPENET software only within WIM (Windows Imaging Format) files when processed and served by SERVA (NON-SUPPORTER) or SERVA (SUPPORTER) software.
“LICENSEE” may not create derivative software based upon any trade secret or proprietary information of “PM” and/or its licensors. “LICENSEE” may not sub-license, assign or transfer this License. “LICENSEE” may not adapt or use any trademark or trade name which is likely to be similar to or confusing with that of PM or any of its licensors or take any other action which impairs or reduces the trademark rights of “PM” or of its licensors.
“LICENSEE” further acknowledges that this License is not a sale or an assignment of “PM” and/or its licensors' intellectual property rights in the “SOFTWARE” and the accompanying documentation and that “PM” and its licensors continue to own title to the “SOFTWARE” and copyright to the printed information.

SPECIAL DISTRIBUTION RIGHTS RELATED TO SERVA (NON-SUPPORTER)
The SERVA (NON-SUPPORTER) software may be freely distributed provided that:
1. Such distribution included only the original archive supplied by “PM”. You may not alter, delete or add any files in the distribution archive.
2. The distribution does not include a registration number. In particular, you may not distribute a registered piece of software.
3. No money is charged to the person receiving the SERVA (NON-SUPPORTER) software, beyond reasonable cost of delivery, packaging and other overhead.

SPECIAL DISTRIBUTION RIGHTS RELATED TO SERVAPENET
The SERVAPENET software may only be distributed embedded within SERVA (NON-SUPPORTER) and SERVA (SUPPORTER) software.

NO REFUND
“LICENSEE” can use SERVA (NON-SUPPORTER) software for free, for as long as it is necessary before to decide contributing to the project by purchasing SERVA (SUPPORTER) software. It is agreed that the “LICENSEE” knows beforehand performance, capabilities and limitations of the SERVA (SUPPORTER) software. It is agreed that there are no refunds given or implied under any circumstances for the purchase of the SERVA (SUPPORTER) software. 

NO WARRANTY
“PM” does not warrant, guarantee or make any representations that the functions contained in the “SOFTWARE” will meet “LICENSEE's” requirements or that the operation of the “SOFTWARE will be uninterrupted or error-free. Any other software and any hardware furnished with or accompanying the “SOFTWARE” is not warranted by “PM”.

LIMITATION OF LIABILITY
THE “SOFTWARE” IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER TYPE, WHETHER EXPRESS OR IMPLIED, AND TO ANY REMEDY AGAINST “PM” AND/OR ITS LICENSORS, WHETHER IN CONTRACT, TORT, DELICT, QUASI-DELICT OR OTHERWISE. SOME JURISDICTION DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES SO THE PRECEDING EXCLUSIONS MAY NOT APPLY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL “PM” AND/OR OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR DIRECT OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT) ARISING OUT OF “LICENSEE'S” USE OR INABILITY TO USE THE SOFTWARE, WHETHER OR NOT “PM” AND/OR ANY OF ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST “LICENSEE”. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

“LICENSEE” ACKNOWLEDGES IT HAS ALL THE REQUIRED AUTHORIZATIONS AND PERMISSIONS FOR RUNNING THE “SOFTWARE. “LICENSEE” ACKNOWLEDGES THAT GOOD NETWORKING PROCEDURE DICTATES THAT ANY PROGRAM, INCLUDING THE “SOFTWARE”, MUST BE THOROUGHLY TESTED WITH NON-CRITICAL DATA, ON NON-CRITICAL SCENARIOS, BEFORE “LICENSEE” RELIES ON IT, AND “LICENSEE” HEREBY ASSUMES THE ENTIRE RISK OF USING THE “SOFTWARE”. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.

TERMINATION
This License shall remain in full force and effect unless and until terminated. This License will terminate immediately, automatically and without notice if “LICENSEE” fails to comply with any provision of this Agreement. Upon termination, “LICENSEE” must stop using the “SOFTWARE”, erase or destroy all copies of the “SOFTWARE, and destroy all printed information provided with the “SOFTWARE”.

ENTIRE AGREEMENT
This agreement constitutes the entire agreement between “LICENSEE” and “PM” and supersedes any other prior agreements or communications regarding the “SOFTWARE”. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in effect.

WAIVER
The failure by “PM” or any of its licensors to enforce at any time any of the provisions of this agreement, to exercise any election or option provided herein, or to require at any time the performance by the “LICENSEE” of any of the provisions herein will not in any way be construed as a waiver of such provisions.

Copyright © 2012 Patrick Masotta. All rights reserved.
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