heitml Version 1.2 Evaluation License Agreement

Limited to Evaluation 

This License Agreement is a legal agreement between you, the end user, and
H.E.I. Informationssysteme GmbH Mannheim, Germany, hereafter referred to as
H.E.I. GmbH. This License Agreement concerns your rights to use the
accompanying software product, documentation, source code libraries and source
code application files. Read all terms and conditions of this License
Agreement carefully before installing and using any of the materials
downloaded as part of this package.  By using any part thereof you indicate
your acceptance of this License Agreement. If you do not agree to the terms
and conditions of this License Agreement, you are expressly prohibited from
using, distributing, archiving or storing any of the contents, files, programs
or materials contained within the downloaded package in any form, electronic
or other.  

This License Agreement applies to you, if you have not paid for heitml (the
Software).  If you initially acquired a copy of the Software without
purchasing a license and you wish to purchase a license, contact
H.E.I. Informationssysteme GmbH on the Internet at http://www.h-e-i.de or send
Email to heitml@h-e-i.de.

H.E.I. grants you a non-exclusive license to use the Software free of charge
if you use the Software for the purpose of evaluating whether to purchase a
license.  The evaluation period is limited to 30 days.


NO SUPPORT  
Since you are using the Software free of charge, you are not entitled to
support or telephone assistance.  H.E.I. GmbH is still very much interested in
feedback, bug reports or proposals for improvements.  You may, however,
contact other heitml Users who have placed their names, addresss, or Email
into one of the public databases on the heitml Web Site (http://www.h-e-i.de).

DISCLAIMER OF WARRANTY 
Free of charge Software is provided on an "AS IS" basis, without warranty of
any kind, including without limitation the warranties of merchantability,
fitness for a particular purpose and non-infringement. The entire risk as to
the quality and performance of the Software is borne by you.  Should the
Software prove defective, you and not H.E.I. GmbH assume the entire cost of
any service and repair. In addition, the security mechanisms implemented by
H.E.I. GmbH software have inherent limitations, and you must determine that
the Software sufficiently meets your requirements. This disclaimer of warranty
constitutes an essential part of the agreement.


SCOPE OF GRANT
You may use the Software.

You may copy the Software for archival purposes, provided any copy must
contain all of the original Software's proprietary notices.  

You may not permit other individuals to use the Software except under the
terms listed above.  

You may not modify, translate, reverse engineer, decompile, disassemble
(except to the extent applicable laws specifically prohibit such restriction),
or create derivative works based on the Software.  

You may not copy the Software other than as specified above. 

You may not rent, lease, grant a security interest in, or otherwise transfer
rights to the Software.  

You may not remove any proprietary notices on the Software.  

You may not remove the non-commercial message printed on the Web Pages
displayed or modify the software so that it no longer displays the message.


INTEROPERABILITY  

The software is distributed as a binary module together with some Source Code
files. You may modify the Source Code files and link the modules together with
any software you like, provided that


.    you carefully test the resulting program and take every
     precaution to produce a program that runs without causing damage.

.    you assume all responsibility for software programs produced and/or
modified by you, including any and all liabilities resulting from their use .

.    the Licensing Conditions of any software programs linked to or included
within your modified programs permit such modifications.  Please note that
there are free software programs on the internet, whose licensing conditions
do not allow this.

.    that you assume all responsibilities for the correct operation and
execution of any software you link to or combine within your program.


H.E.I. does not guarantee the interoperability of the Software with any other
hardware or software not specifically supported by the Operating System, Web
Server software and Database System for which your individual Download Package
is intended.  

You accept and acknowledge that it is not possible to guarantee that the
Software contains no bugs, especially when linked to or combined with other
software. Linking the Software to any other software you or anyone else has
developed may cause a malfunction of the Software or the whole program. The
only way to avoid malfunction or bugs is to carfully test the operation of
programs after they have been linked to or incorporated within your Software
program.  

Educational and Research institutions may publish or sell modules and/or
applications that work together with the Software, but only if it is made
clear that this is an add-on module provided by a third party. All other
parties must pay for and obtain a commercial License before publishing or
selling such modules and/or applications.  In any case you must retain all
Licensing Conditions and copyright notices of H.E.I.  and, in particular, you
may not remove the non-commercial message appearing on the pages.  

All Software interface specifications are to be used "as is". They may contain
bugs. H.E.I. GmbH does not guarantee that all interfaces will work as
documented in all cases. H.E.I. GmbH also reserves the right to change the
interface specifications in further versions of the software.

TITLE 

Title, ownership rights, and intellectual property rights in the Software
shall remain in H.E.I. GmbH and/or its suppliers. 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.

TERMINATION

The License will terminate automatically if you fail to comply with
the limitations described herein.  On termination, you must destroy
all copies of the Software and Documentation.


LIMITATION OF LIABILITY

Under no circumsltance and under no legal theory, tort, contract, or
otherwise, shall H.E.I. GmbH or its suppliers or resellers be liable to
you or any other person for any indirect, special, incidental, or
consequential damages of any character including, without limitation,
damages for loss of Goodwill, work stoppage, computer failure or
and and all other commercial damages or losses. In no event will H.E.I.
GmbH be liable for any damages in excess of the amount H.E.I. GmbH
received from you for a license to the software, even if H.E.I. GmbH shall
have been informed of the possibility of such damages, or for any claim by
any other party. This limitation of liability shall not apply to liability
for death or personal injury to the extent applicable law prohibits such
limitation.

RISK ACTIVITIES

Since you receive the Software free of charge under this License you may not
use the Software in any risky application whereby a malfunction of the
Software, or of the Software's failure to function could cause any damages.
For example you may not use the Software in applications with the risk of
exposing confidential data or that pose a risk of data loss. In any case you
must perform regular backups so that failure of the software can not lead to
permanent data loss. Under this License the Software applications may only be
used where a possible data loss between backups causes no damage.  When
storing personal data you must obey the laws of the country in which the
Software is installed and operating, keeping in mind that Internet Servers are
permanently subject to the risk of having their systems invaded, modified, or
otherwise damaged by unauthorized users. You may not store confidential data
in a database managed by the Software under this License.

H.E.I. GmbH and its suppliers specifically disclaim any express or implied
warranty if the Software is used in a way violating one of these rules. 


HIGH RISK ACTIVITIES

The Software is not fault-tolerant and is not designed, manufactured or
intended for use or resale as on-line control equipment in hazardous
environments requiring fail-safe performance, such as in the operation of
nuclear facilities, aircraft navigation or communication systems, air traffic
control, direct life support machines, or weapons systems, in which the
failure of the Software could lead directly to death, personal injury, or
severe physical or environmental damage ("High Risk Activities").  H.E.I. GmbH
and its suppliers specifically disclaim any express or implied warranty of
fitness for High Risk Activities.   The Software is not intended for use in
maintaining sensitive, highly confidential, and very important data. the
Software may not be used or be resold to be used in these kind of
applications.  H.E.I. GmbH and its suppliers specifically disclaim any express
or implied warranty of fitness for maintaining sensitive, highly confidential,
and very important data.

MISCELLANEOUS

This Agreement represents the complete agreement concerning this license and
may be amended only by a writing executed by both parties.  

If any provision of this Agreement is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it enforceable.  

By downloading the Software from our Web Site in Germany, you signify your
agreement that German law applies to the liscensing of this product. 

heitml is copyright (c) 1996-1997 by H.E.I. Informationssystem GmbH and its
suppliers, Mannheim, Germany. All rights reserved.
