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Serva v3.0.0 Automated PXE Server by Patrick Masotta


http://www.vercot.com/~serva/ Copyright (c) 2010-2016
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END USER LICENSE AGREEMENT (EULA) FOR SERVA COMMUNITY v3.x, SERVA
PROFESSIONAL v3.x, SERVAPENET COMMUNITY v3.x, AND SERVAPENET
PROFESSIONAL v3.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 COMMUNITY
software or, as the case may be, to SERVA PROFESSIONAL or SERVAPENET
software.

1. DEFINITIONS

In this Agreement, "PM" means Patrick Masotta ; "LICENSEE" means you,


the licensee of the software; "SOFTWARE" means SERVA COMMUNITY, SERVA
PROFESSIONAL or SERVAPENET, depending on the product type freely used
or purchased by the "LICENSEE", as the case may be, being understood
that SERVA COMMUNITY software is offered free of charge.

2. 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 a single instance of the "SOFTWARE" on a
single computer system. It is also agreed that the License granted to
the "LICENSEE" pertaining to SERVA PROFESSIONAL is neither
transferable nor movable. 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".

3. 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 COMMUNITY software.
"LICENSEE" can use SERVA COMMUNITY software for personal non-
commercial purposes only.

"LICENSEE" can use SERVAPENET COMMUNITY software only within WIM


(Windows Imaging Format) files when processed and served by SERVA
COMMUNITY software.

"LICENSEE" can use SERVAPENET PROFESSIONAL software only within WIM


(Windows Imaging Format) files when processed and served by SERVA
PROFESSIONAL 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.

4. SPECIAL DISTRIBUTION RIGHTS RELATED TO SERVA COMMUNITY

The SERVA COMMUNITY 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 COMMUNITY


software, beyond reasonable cost of delivery, packaging and other
overhead.

5. SPECIAL DISTRIBUTION RIGHTS RELATED TO SERVAPENET

The SERVAPENET COMMUNITY software may only be distributed embedded


within SERVA COMMUNITY software.

The SERVAPENET PROFESSIONAL software may only be distributed embedded


within SERVA PROFESSIONAL software.

6. NO REFUND

"LICENSEE" can use SERVA COMMUNITY software for free, under its
license terms, for as long as it is necessary before to decide
purchasing SERVA PROFESSIONAL software. It is agreed that the
"LICENSEE" knows beforehand performance, capabilities and limitations
of the SERVA PROFESSIONAL software. It is agreed that there are no
refunds given or implied under any circumstances for the purchase of
the SERVA PROFESSIONAL software.
7. 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".

8. 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.

9. 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".

10. 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.

11. 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 (c) 2010-2016 Patrick Masotta. All rights reserved.

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