INTERBASE 4.2.x LICENSE AGREEMENT BORLAND NO-NONSENSE LICENSE STATEMENT AND LIMITED WARRANTY Borland grants you the right to use this Borland software product ("Software"), including any accompanying documentation, in the manner provided below. This Software is owned by Borland 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. You may transfer the Software and documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of this license statement. Except as provided in this statement, 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 Borland and/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 have purchased an upgrade version of the Software, it constitutes a single product with the Borland software that you upgraded. You may use or transfer the upgrade version of the Software only in accordance with this license statement. This Software is subject to U.S. Commerce Department export restrictions, and is intended for use in the country into which Borland sold it (or in the EEC, if sold into the EEC). GENERAL TERMS THAT APPLY TO INTERBASE SERVER Borland grants to you the right to use this Borland software ("Software") in the following manner. You may install that portion of the Software designated as INTERBASE SERVER SOFTWARE ("Server Software") on a single computer system operating on a single computer network, for supporting internal data processing needs of your organization. As specified below, use of the Server Software requires individual client access licenses, either included with the Software (if any) or purchased separately. Upon installation, the Server Software must be designated as either one (but not both) of the following: (1) a "Named User Server" with all client access licenses employed for the Server Software designated as "Named User Client Access Licenses" or (2) a "Concurrent User Server" with all client access licenses employed for the Server Software designated as "Concurrent User Client Access Licenses". This designation must be performed by you or, in the case of versions of the Server Software for certain platforms, will be automatically performed by the installation program of the Server Software. A Named User Server allows client access by specific individuals ("Named Users") authorized by your organization to use the Server Software and who each possess a Named User Client Access License for the version indicated above, regardless of the number of individuals actively using the Server Software at any given time. A Concurrent User Server allows client access by individuals ("Concurrent Users") of your organization up to a maximum number of users that may be connected to the Server Software at a given point in time, the maximum number of users being determined by the number of Concurrent User Client Access Licenses possessed by your organization for the version indicated above. If multiplexing software or hardware is used to reduce the number of sessions directly connected to the Server Software, the number of Concurrent Users must be measured as the number of distinct inputs to the multiplexing front-end. Regardless of system configuration, the number of simultaneous connections to the Server Software by any one user, whether the Server Software is operating as a Named User Server or as a Concurrent User Server, may not exceed three (3) connections (unless individual client access licenses have been purchased for each set of three (3) connections required during a session by such a user). The Server Software contains a certain version number, such as 4.2.x. Each client access license also contains a certain version number. Each client access license permits you to access and utilized the services of any Server Software with the same (or a lower) version number to the left of the rightmost corresponding decimal point as the version number listed on the client access license; for example, if the version number listed on a particular client access license is 4.2.x, you may acess and utilize Server Software that contains a "4.2.1" or "3.3" version number, but not a "4.3.0" version number. GENERAL TERMS THAT APPLY TO INTERBASE DEVELOPER CLIENT SOFTWARE Borland grants to you a limited non-exclusive, royalty-free right to reproduce and distribute that portion of the Software designated as INTERBASE DEVELOPER CLIENT SOFTWARE ("Developer Client Software") in executable form only, for use by and as part of your application software product which operates in conjunction with Interbase for the specific platform indicated above and which is created using the Developer Client Software, provided that you: (a) do not use Borland's name, logo, or trademarks to market your software product; (b) include the copyright notice for the Developer Client Software on your product label and as part of the sign-on message for your software product; (c) do not charge separately for the Developer Client Software; (d) your programs may not be merely a set or subset of any of the libraries, code, Redistributables or other files of the Developer Client Software; and (e) agree to indemnify, hold harmless, and defend Borland and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your application software product. LIMITED WARRANTY Borland warrants that the Software, as updated and when properly used, will perform substantially in accordance with the 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/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. Borland’s and its suppliers’ entire liability and your exclusive remedy shall be, at Borland’s option, either (a) return of the price paid, or (b) repair or replacement of the Software that does not meet Borland’s Limited Warranty and which is returned to Borland with a copy of your receipt. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED THE BORLAND CUSTOMER SERVICE DEPARTMENT AND OBTAINED A RETURN AUTHORIZATION NUMBER. This Limited Warranty is void if failure of the Software has resulted from 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 Borland are available without proof of purchase from an authorized non-U.S. source. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BORLAND AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, 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/JURISDICTION TO STATE/JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BORLAND 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 BORLAND PRODUCT, EVEN IF BORLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION 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"). Borland and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. U.S. GOVERNMENT RESTRICTED RIGHTS The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (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 Borland International, Inc., 100 Borland Way, Scotts Valley, CA 95066. GENERAL PROVISIONS This statement may only be modified in writing signed by you and an authorized officer of Borland. If any provision of this statement 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 statement shall be construed, interpreted and governed by the laws of the State of California, U.S.A. This statement gives you specific legal rights; you may have others which vary from state to state and from country to country. Borland reserves all rights not specifically granted in this statement.