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 Borland Software Corporation ("Borland") for the software product (the "Software" or "InterBase") identified above, including any software, media, and accompanying on-line or printed documentation. BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. If you are the original purchaser of this Software and you do not agree with the terms and conditions of this 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 this License Agreement, Borland grants you the right to use the Software 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. 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 Borland 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 Borland 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 and/or installing 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 INTERBASE DESKTOP EDITION SOFTWARE ("InterBase Desktop Edition"). In order to install and use these components, you must purchase additional licenses from Borland. The Software also includes the (i) INTERCLIENT / INTERSERVER JDBC DRIVER ("InterClient Software"), (ii) EASYSOFT ODBC DRIVER ("Easysoft Software") and (iii) IBREPLICATOR ("IB Replicator Software"), each of 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 INTERBASE DESKTOP EDITION You may use the InterBase Desktop Edition Software only if you have purchased a InterBase Desktop Edition Activation License from Borland. The InterBase Desktop Edition Activation License allows you to install a single copy of the InterBase Desktop Edition Software on a single computer for your internal data processing needs and to access this copy of the InterBase Desktop Edition Software by logging into the same computer on which it is installed. The InterBase Desktop Edition Software may also be used as Client Software to connect with Server Software located on a computer other than the computer on which the InterBase Desktop Edition 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 Borland. 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 Borland. 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 Borland. 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 Borland. 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 Borland. 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 THE IB REPLICATOR SOFTWARE You may use or deploy the IB Replicator Software only if you have purchased the appropriate IB Replicator Software License from Borland. Purchase of InterBase does not include deployment or redistribution rights for the IB Replicator Software. The IB Replicator Software License allows you to use the IB Replicator Software on a single computer for supporting your internal data processing needs. You may install the IB Replicator Software on the hard disk of a single computer for each "Replication Server" license you purchase. Each InterBase Server which controls any source or target database, requires a "Replicant" license. This means that a server which runs the IB Replicator Software AND which controls a source/target database needs BOTH a "Replication Server" license and a "Replicant" license. If InterBase Desktop Edition is installed, then ONLY a "Replication Server Lite" license must be obtained. If you wish to redistribute applications which use the IB Replicator Software you must purchase the appropriate multi-user licenses, available separately from Borland. For more information on the IB Replicator Software and IB Replicator Software Licenses, see Borland 's World Wide Web site at http://www.borland.com, or contact your local Borland sales office. 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 which restricts 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 Borland's name, logo or trademark, or any name, logo or trademark of any product of Borland (including the Software) to market your software product, (c) you include Borland's copyright notice as part of the sign-on message for your software product, (d) you agree to indemnify, hold harmless, and defend Borland 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 Borland. ADDITIONAL TERMS WHICH APPLY TO THE EVALUATION PERIOD If you have obtained permission from Borland to evaluate the Software, you may install the Software on a temporary basis for evaluation purposes only. The evaluation period is limited to 90 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 BORLAND 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 Borland, 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 Borland 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. 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 the 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 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 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, 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 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. IN ANY CASE, BORLAND'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 OR US$25. Notwithstanding the above, if you have entered into a support agreement with Borland with respect to the Software, Borland'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"). Borland 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 Borland Software Corporation, 100 Enterprise Way, Scotts Valley, California, 95066-3249, U.S.A. GENERAL PROVISIONS This Agreement constitutes the entire agreement between you and Borland with regard to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, representations, understandings or agreements not specifically incorporated herein. This License Agreement may only be modified in writing signed by you and an authorized officer of Borland. 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., without regard to conflicts of laws principles thereof or of any other jurisdiction, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of California for all causes of action arising in connection with this Agreement. This License Agreement 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 License Agreement. Copyright © 1992-2001 Borland Software Corporation. All rights reserved. Covered by U.S. Patents: 5,826,253; 5,675,818; 5,644,768; 5,592,664, and other issued and pending patents. IF YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, please press the "I ACCEPT" button below. This will be the legal equivalent of your signature on a written contract, and equally binding. You must agree to these terms and conditions in order to download and install the Software. If you do not agree with these terms and conditions, you should press the "I DO NOT ACCEPT" button below to exit this download process, as Borland is unwilling to license the Software to you in such case.