
			POLYSERVE END-USER LICENSE AGREEMENT 

Notice to User:

THIS IS A CONTRACT.  BY DOWNLOADING THIS POLYSERVE SOFTWARE PRODUCT YOU 
ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.  

If you do not agree with the terms and conditions of this Agreement, do 
not proceed with the download.

This download URL provides you with access to software ("Software") and 
related explanatory written materials ("Documentation").  The term "Software" 
shall also include any upgrades, modified versions, updates, additions, and 
copies of the Software licensed to you by PolyServe.  PolyServe grants to 
you a nonexclusive license to use the Software and Documentation, provided 
that you agree to the following:

1. Use of the Software.  You may -
Install the Software in a single location on a hard disk or other storage
device on each of up to two servers ("Permitted Number of Servers").

Make one backup copy of the software, provided your backup copy is not 
installed or used on any computer.

2.  Copyright.  The Software is owned by PolyServe and its suppliers, 
and its structure, organization, and code are the valuable trade secrets 
of PolyServe and its suppliers.  The Software is also protected by United 
States Copyright Law and International Treaty provisions.  You must treat
the Software just as you would any other copyrighted material, such as a 
book.  You may not copy the Software or the Documentation, except as set 
forth in the "Use of the Software " Section.  Any copies that you are 
permitted to make pursuant to this Agreement must contain the same copyright
and other proprietary notices that appear on or in the Software.  You agree 
not to modify, adapt, or translate the Software.  You also agree not to 
reverse engineer, decompile, disassemble, or otherwise attempt to discover 
the source code of the Software.  Trademarks shall be used in accordance 
with accepted trademark practice, including identification of trademark 
owner's name.  Trademarks can only be used to identify printed output 
produced by the Software. Such use of any trademark does not give you 
any rights of ownership in that trademark.  Except as stated above, this 
Agreement does not grant you any intellectual property rights in the Software.

3. Transfer.  You may not rent, lease, sublicense, or lend the software 
or Documentation.  You may, however, transfer all your rights to use the 
Software to another person or legal entity provided that you transfer this 
Agreement; the Software, including all copies, updates, and prior versions; 
and all Documentation to such person or entity and that you retain no copies, 
including copies stored on a computer.

4. Multiple Environment Software/Multiple Language Software/Dual Media 
Software/Multiple Copies/Upgrades.  If you download or otherwise obtain, 
two or more operating environment versions of the Software (e.g., Solaris 
and Windows NT), two or more language translation versions of the Software, 
the same software on two or more media (e.g., floppy disk and CD-ROM), and/or
you otherwise receive two or more copies of the Software, the total aggregate 
number of computers on which all versions of the software are used may not 
exceed the Permitted Number of Computers.  You may make one backup copy, in 
accordance with the terms of this agreement for each version of the Software 
you use.   You may not rent, lease, sublicense, lend, or transfer versions or 
copies of the Software you do not use, or software contained on any unused media, 
except as part of the permanent transfer of all Software and Documentation 
described above.  If you acquire an upgrade or update for Software, you may use 
the previous version, after which time you no longer have a license to use the 
previous version.

	
5. Limited Warranty.  PolyServe warrants to you that the Software will perform 
substantially in accordance with the Documentation for the thirty (30) day period
following your receipt of the Software.  If the Software does not perform 
substantially in accordance with the Documentation, the entire and exclusive
liability and remedy shall be limited to either, at PolyServe's option, the 
replacement of the Software or the refund of the license fee you paid for 
the Software.  POLYSERVE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE 
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION.  
THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR POLYSERVE'S OR ITS 
SUPPLIERS' BREACH OF WARRANTY.  EXCEPT FOR THE FOREGOING LIMTED WARRANTY, 
POLYSERVE AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO
NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY
PARTICULAR PURPOSE.  Some states or jurisdictions do not allow the exclusion 
of implied warranties or limitations on how long an implied warranty may last,
so the above limitations may not apply to you.  To the extent permissible, 
any implied warranties are limited to thirty (30) days.  This warranty gives
you specific legal rights.  You may have other rights, which vary from state 
to state or jurisdiction to jurisdiction.  For further warranty information, 
please contact PolyServe's Customer support Department.

6. Limitation of Liability.  IN NO EVENT WILL POLYSERVE OR ITS SUPPLIERS BE 
LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING 
ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A POLYSERVE REPRESENTATIVE HAS BEEN 
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.  
Some states or jurisdictions do not allow the exclusion or limitation of 
incidental, consequential, or special damages, so the above limitations may 
not apply to you.

7. Governing Law and General Provisions.  This Agreement will be governed by 
the laws in force in the State of California excluding the application of its 
conflicts of law rules.  This Agreement will not be governed by the United 
Nations Convention on Contracts for the International Sale of Goods, the 
application of which is expressly excluded.  If any part of this Agreement 
is found void and unenforceable, it will not affect the validity of the 
balance of the Agreement, which shall remain valid and enforceable according
to its terms.  You agree that the Software will not be shipped, transferred, 
or exported into any country or used in any manner prohibited by the United 
States Export Administration Act or any other export laws, restrictions, or 
regulations.  This Agreement shall automatically terminate upon failure by 
you to comply with its terms.  This Agreement may only be modified in writing 
signed by an authorized officer of PolyServe.

8. Notice to U.S. Government End Users.  The Software and documentation are 
"Commercial Items," as that term is defined at 48 C.F.R. Section 2.101, 
consisting of "Commercial Computer Software" and "Commercial Computer 
Software Documentation," as such terms are used in 48 C.F.R Section 12.212 or 
48 C.F.R.  Section 227.7202, as applicable.  Consistent with 48 C.F.R. 
Section 12.212 or 48 C.F.R. Sections 227.7202-1 through 227.7202-4, as 
applicable, the Commercial Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. Government end users (A) only as 
Commercial Items and (B) with only those rights as are granted to all other 
end users pursuant to the terms and conditions herein.

Unpublished-rights reserved under the copyright laws of the United States. 
PolyServe, Inc., 918 Parker Street, Berkeley, California  94710.

PolyServe is a trademark of PolyServe, Incorporated.  Solaris is a registered 
trademark of Sun Microsystems.  Windows is either a registered trademark or 
trademark of Microsoft Corporation in the United States and/or other countries.  

PolyServe End-User License Agreement




