PC World 1999 May/PCWorld_1999-05_cd.bin/software/Vyzkuste/inprise/CLIENT32_WIN/LICENSE.TXT

Text File | 1998-10-18 | 18.2 KB | 486 lines

INTERBASE MEDIA KIT

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, de-compile, 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 or countries
into which InterBase released it. You agree
to fully comply with all laws and regulations
of the United States and other countries
("Export Laws") to assure that neither the
Software nor any direct products thereof are
(1) exported directly or indirectly in
violation of Export Laws or (2) are used for
any purpose prohibited by Export Laws
including without limitation nuclear,
chemical or biological weapons production. In
particular but without limitation, none of
the Software or underlying information or
technology may be downloaded or otherwise
exported or re-exported (i) into (or to a
national or resident of) Cuba, Haiti, Iraq,
Libya, Yugoslavia, North Korea, Iran, or
Syria or (ii) to anyone on the US Treasury
Department's list of Specially Designated
Nationals or the US Commerce Department's
Table of Deny Orders.  By downloading the
Software, you are agreeing to the foregoing
and you are representing and warranting that
you are not located in, under control of, or
a national or resident of any such country or
on any such list.

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 reinstall a new copy of
the Software.

LIMITED WARRANTY AND LIMITATION OF LIABILITY
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, 100 Enterprise Way, Suite B2,
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.