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-
- LICENSE STATEMENT
- AND LIMITED WARRANTY
-
- IMPORTANT - READ CAREFULLY
- This License Statement and Limited Warranty constitutes a legal agreement
- ("License Agreement") between you (either as an individual or a single
- entity) and InterBase Software Corporation ("InterBase") for the software
- product ("Software") identified above, including any software, media, and
- accompanying on-line or printed documentation.
-
- BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE
- BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT. If you
- are the original purchaser of the Software and you do not agree with the
- terms and conditions of the License Agreement, promptly return the unused
- Software to the place from which you obtained it for a full refund.
-
- Upon your acceptance of the terms and conditions of the License Agreement,
- InterBase grants you the right to use the Software in the manner provided
- below.
-
- This Software is owned by InterBase or its suppliers and is protected by
- copyright law and international copyright treaty. Therefore, you must
- treat this Software like any other copyrighted material (e.g., a book),
- except that you may either make one copy of the Software solely for backup
- or archival purposes or transfer the Software to a single hard disk
- provided you keep the original solely for backup or archival purposes.
-
- Except as provided in this License Agreement, you may not transfer, rent,
- lease, lend, copy, modify, translate, sublicense, time-share or
- electronically transmit or receive the Software, media or documentation.
- You acknowledge that the Software in source code form remains a confidential
- trade secret of InterBase or its suppliers and therefore you agree not to
- modify the Software or attempt to decipher, decompile, disassemble or
- reverse engineer the Software, except to the extent applicable laws
- specifically prohibit such restriction.
-
- If you purchased this Software as an upgrade, it constitutes a single product
- together with the product that you upgraded, and may not be used to increase
- the total number of licensed copies of the Software. You may use the
- upgraded product only in accordance with this License Agreement and you may
- not transfer this Software or the product you upgraded unless they are
- transferred together as a single product.
-
- This Software is subject to U.S. Commerce Department export restrictions,
- and is intended for use in the country into which InterBase sold it (or is
- intended for use in the EEC, if sold into the EEC).
-
-
- GENERAL TERMS WHICH APPLY TO THE INTERBASE MEDIA KIT
- The Software includes a number of components, including, (a) the INTERBASE
- SERVER SOFTWARE ("Server Software"), (b) the INTERBASE CLIENT SOFTWARE
- ("Client Software"), (c) the INTERBASE PRECOMPILER SOFTWARE ("Precompiler
- Software"), and (d) the LOCAL INTERBASE SOFTWARE ("Local InterBase").
- In order to install and use these components, you must purchase additional
- licenses from InterBase. The Software also includes the INTERCLIENT /
- INTERSERVER JDBC DRIVER ("InterClient Software") which is subject to
- this License Agreement. You may also purchase additional Internet Access
- Licenses to use the Software through the Internet.
-
-
- ADDITIONAL TERMS WHICH APPLY TO LOCAL INTERBASE
- You may use the Local InterBase Software only if you have purchased a
- Local InterBase Activation License from InterBase. The Local InterBase
- Activation License allows you to install a single copy of the Local
- InterBase Software on a single computer for your internal data
- processing needs and to access this copy of the Local InterBase Software
- by logging into the same computer on which it is installed. The Local
- InterBase Software may also be used as Client Software to connect with
- Server Software located on a computer other than the computer on which
- the Local InterBase Software is installed.
-
-
- ADDITIONAL TERMS WHICH APPLY TO THE SERVER SOFTWARE
- You may use the Server Software only if you have purchased a Server
- Activation License from InterBase. The Server Activation License
- allows you to use the Server Software on a single computer network for
- supporting your internal data processing needs. You may install the Server
- Software on the hard disk of a single computer for each Server Activation
- License you purchase. In order to connect your users to the Server
- Software you must purchase as many Simultaneous User Licenses as you have
- simultaneous users on that Server.
-
-
- ADDITIONAL TERMS WHICH APPLY TO THE CLIENT SOFTWARE
- You may use the Client Software only if you have purchased at least one
- Simultaneous User License from InterBase. You may install the Client
- Software on as many computers as you wish. Each Simultaneous User
- License allows you to use the Client Software to connect a single user
- to the Server Software. You may use the Client Software to connect as many
- simultaneous users to the Server Software as you have Simultaneous User
- Licenses for that Server.
-
- All users accessing the InterBase Server in any manner other than as
- members of the general public through an unrestricted-access Internet
- application, must be licensed as Simultaneous Users.
-
- You must provide safeguards to ensure that the number of such
- simultaneous users does not exceed the total number of Simultaneous
- User Licenses. If the number of simultaneous users exceeds the number of
- Simultaneous User Licenses, you must purchase additional licenses from
- InterBase.
-
- If you use multiplexing software or hardware to reduce the number of
- users directly connected to the Server Software, the number of simultaneous
- users must be measured as the number of distinct inputs to the multiplexing
- front-end.
-
- If any of your users connect to the Server Software via an
- unrestricted-access Internet application you must purchase an Internet Access
- License from InterBase. For terms governing public access to an InterBase
- database from the Internet, see the section in this document entitled
- Additional Terms Which Apply To Internet Access To The Server Software.
-
- Regardless of system configuration, no user may make more than four
- simultaneous connections to the Server Software. If any user requires
- more than four simultaneous connections to the Server Software you may
- obtain the right to make an additional four connections for each
- additional Simultaneous User License you purchase from InterBase.
-
- Each Simultaneous User License also contains a version number. Each
- Simultaneous User License allows you to connect Client Software to the
- Server Software only if the Simultaneous User License has a major
- version number which is the same as the major version number of the Server
- Software (the major version number is the integer to the left of the
- leftmost decimal point).
-
-
- ADDITIONAL TERMS WHICH APPLY TO INTERNET ACCESS
- TO THE SERVER SOFTWARE
-
- If you allow unrestricted access for users to connect to the InterBase
- Server Software through an Internet application as members of the
- general public, you must purchase (a) an Internet Access License for
- Licensed Users, or (b) an Internet Access License for Unlimited Users.
- If you implement any mechanism to restrict access to the InterBase Internet
- application to specific users or categories of users so that it is not
- available to any member of the general public, access is not considered
- unrestricted.
-
- (a) The Internet Access License for Licensed Users allows you to
- connect a limited number of general public users to the InterBase
- Server software through the Internet. It allows you to use your existing
- Simultaneous User Licenses to connect a single general public user to
- the Server Software for each Simultaneous User License you have. It does
- not, however, increase the total number of simultaneous users who may access
- the Server Software. The total number of simultaneous users from all sources
- may not exceed the number of Simultaneous User Licenses you have purchased.
-
- (b) The Internet Access License for Unlimited Users allows you to
- connect an unlimited number of general public users to the InterBase
- Server software through the Internet.
-
- Both Internet Access Licenses described in (a) and (b) above are
- available only if access to the InterBase Internet application is
- unrestricted. If you require a password or any other method to restrict such
- access to the Server Software, then you must purchase Simultaneous User
- Licenses for each simultaneous user that is granted access to the Server
- Software. For example, users who access the Server Software through a LAN,
- WAN or Client/Server system must be licensed as simultaneous users. Users
- who access the Server Software through a web site that employs a password
- or other restriction, for example an Intranet or Extranet, must be licensed
- as simultaneous users.
-
- In all cases, you must provide safeguards to ensure that the number of
- actual simultaneous users, except as provided in (b) above, does not
- exceed the total number of Simultaneous User Licenses you have purchased.
-
-
- ADDITIONAL TERMS WHICH APPLY TO PROGRAMS COMPILED WITH THE SOFTWARE
- You may write and compile your own applications using the Software,
- including the InterClient Software and any libraries and source code
- included with the Software for such purpose, so long as (a) your
- application is a product which operates in conjunction with the
- Software, (b) you do not use InterBase's name, logo or trademark to market
- your software product, (c) you include InterBase's copyright notice as part
- of the sign-on message for your software product, (d) you agree to
- indemnify, hold harmless, and defend InterBase and its suppliers from and
- against any claims or lawsuits, including attorney's fees, that arise out
- of your use or distribution of your application software product, and
- (e) your program is not merely a set or subset of the Software or any
- libraries or source code included with the Software. In addition, in order
- to use the Precompiler Software to build your applications, you must
- purchase a Precompiler License from InterBase.
-
-
- ADDITIONAL TERMS WHICH APPLY TO THE EVALUATION PERIOD
- If you have obtained permission from InterBase to evaluate the
- Software, you may install the Software on a temporary basis for evaluation
- purposes only. The evaluation period is limited to 60 days from the date
- the Software is installed ("Evaluation Period"). Upon completion of the
- Evaluation Period your license to use the Software expires.
-
- During the Evaluation Period, you may install the Server Software on a
- single (1) computer network on a temporary basis for evaluation purposes
- only. During the Evaluation Period, you may use the Client Software to
- connect up to five (5) simultaneous users to the Server Software on a
- temporary basis for evaluation purposes only.
-
- During the Evaluation Period, you can write and compile applications
- which use the Software for your own personal, non-commercial use on the
- computers on which you have installed the Software, but you do not have
- a right to distribute or otherwise share those applications or any of the
- files of the Software which may be required to support those
- applications.
-
- THE SOFTWARE CONTAINS A TIME-OUT FEATURE THAT DISABLES ITS OPERATION
- AFTER THE EXPIRATION OF THE EVALUATION PERIOD. APPLICATIONS THAT YOU
- CREATE DURING THE EVALUATION PERIOD MAY REQUIRE THE SOFTWARE IN ORDER TO
- RUN. UPON EXPIRATION OF THE EVALUATION PERIOD, THOSE APPLICATIONS WILL NO
- LONGER RUN. YOU SHOULD THEREFORE TAKE PRECAUTIONS TO AVOID ANY LOSS OF
- DATA THAT MIGHT RESULT.
-
- DURING THE EVALUATION PERIOD, THE SOFTWARE IS PROVIDED ON AN "AS IS"
- BASIS "WITH ALL FAULTS." YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY
- AND PERFORMANCE OF THE SOFTWARE DURING THE EVALUATION PERIOD. SHOULD THE
- SOFTWARE PROVE DEFECTIVE DURING THE EVALUATION PERIOD, YOU, AND NOT
- INTERBASE OR ITS SUPPLIERS, ASSUME THE ENTIRE COST OF ALL NECESSARY
- SERVICING AND REPAIR.
-
- In order to use the Software after the Evaluation Period, you must
- purchase a Server License and as many Simultaneous User Licenses as you
- have simultaneous users. If you do not purchase additional licenses
- from InterBase, you agree to destroy or permanently delete the Software
- from your computer upon expiration of the Evaluation Period, and not to
- re-install a new copy of the Software.
-
-
- LIMITED WARRANTY
- InterBase warrants that the Software, as updated and when properly
- used, will perform substantially in accordance with its accompanying
- documentation, and the Software media will be free from defects in
- materials and workmanship, for a period of ninety (90) days from the
- date of receipt. Any implied warranties on the Software are limited to
- ninety (90) days. Some states or jurisdictions do not allow limitations on
- duration of an implied warranty, so the above limitation may not apply
- to you.
-
- InterBase's and its suppliers' entire liability and your exclusive
- remedy shall be, at InterBase's option, either (a) return of the price paid,
- or (b) repair or replacement of the Software that does not meet the
- Limited Warranty and which is returned to InterBase with a copy of your
- receipt. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED THE INTERBASE
- CUSTOMER SERVICE DEPARTMENT AND OBTAINED A RETURN AUTHORIZATION NUMBER. This
- Limited Warranty is void if Software fails as a result of accident, abuse,
- or misapplication. Any replacement Software will be warranted for the
- remainder of the original warranty period or thirty (30) days, whichever is
- longer. Outside the United States, neither these remedies nor any product
- support services offered by InterBase are available without proof of
- purchase from an authorized non-U.S. source.
-
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERBASE AND ITS
- SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED,
- INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE,
- WITH REGARD TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. THIS LIMITED
- WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM
- STATE TO STATE OR JURISDICTION TO JURISDICTION.
-
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
- INTERBASE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER
- (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
- BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
- PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS
- INTERBASE PRODUCT, EVEN IF INTERBASE HAS BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, INTERBASE'S ENTIRE LIABILITY UNDER
- ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF
- THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR US$25.
- Notwithstanding the above, if you have entered into a support agreement
- with InterBase, InterBase's entire liability regarding support services
- shall be governed by the terms of that agreement. Because some states
- and jurisdictions do not allow the exclusion or limitation of liability,
- the above limitations may not apply to you.
-
-
- 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"). InterBase and its suppliers specifically disclaim any
- express or implied warranty of fitness for High Risk Activities.
-
-
- RESTRICTED RIGHTS LEGEND
- If the Software is acquired for or on behalf of the United States of
- America, its agencies and/or instrumentalities ("U.S. Government"), it
- is provided with Restricted Rights. Use, duplication, or disclosure by the
- U.S. Government is subject to restrictions as set forth in subparagraph
- (c)(1)(ii) of the Rights in Technical Data and Computer Software clause
- at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial
- Computer Software - Restricted Rights at 48 CFR 52.227-19, as
- applicable. Manufacturer is InterBase Software Corporation, 1800 Green Hills
- Road, Suite 150, Scotts Valley, California, 95066, U.S.A.
-
-
- GENERAL PROVISIONS
- This License Agreement may only be modified in writing signed by you
- and an authorized officer of InterBase. If any provision of this License
- Agreement is found void or unenforceable, the remainder will remain
- valid and enforceable according to its terms. If any remedy provided is
- determined to have failed for its essential purpose, all limitations of
- liability and exclusions of damages set forth in the Limited Warranty
- shall remain in effect.
-
- This License Agreement shall be construed, interpreted and governed by
- the laws of the State of California, U.S.A. This License Agreement gives
- you specific legal rights; you may have others which vary from state to
- state and from country to country. InterBase reserves all rights not
- specifically granted in this License Agreement.
-