BORLAND JDATASTORE 4

INPRISE NO-NONSENSE 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 Inprise Corporation ("Inprise") 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.  The term of this license is perpertual, commencing upon your installation, copying or use of the software.
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, Inprise grants you the right to use the Software in the manner provided below.

This Software is owned by Inprise or its suppliers and is protected by copyright law, international copyright treaties, as well as other proprietary notices.  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 the License Agreement.  Except as provided in the 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 Inprise and/or its suppliers and therefore you agree not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. As Confidential trade secret, you shall use your best efforts to protect the proprietary or confidential information supplied by Inprise in its Software, in the same manner in which you would protect your own proprietary or confidential information, but not less than reasonable precautions to protect such proprietary or confidential information and shall not use such proprietary or confidential trade secret for your own benefit or the benefit of any other person or entity, except as may be specifically permitted hereunder.

If you have purchased an upgrade version of the Software, it constitutes a single product with the Inprise software that you upgraded.  You may use or transfer the upgrade version of the Software only in accordance with the License Agreement. 

This Software is subject to U.S. Commerce Department export restrictions, and is intended for use in the country into which Inprise sold it (or in the EEC, if sold into the EEC). 

ADDITIONAL TERMS FOR JDATASTORE
Inprise grants to you as an individual, a personal, nonexclusive license to install and use the Software for the sole purposes of designing, developing, testing, and deploying application programs which you create.  You may install a copy of the Software on a computer and freely move the Software from one computer to another, provided that you are the only individual using the Software.  If you are an entity, Inprise grants you the right to designate one individual within your organization ("Named User") to have the right to use the Software in the manner provided above.

DEPLOYMENT TERMS FOR JDATASTORE REDISTRIBUTABLES
You must purchase a deployment license, either a Per Seat License or a Server License, as applicable, for each copy of your application program you deploy under this Agreement that includes the Software "Redistributables" (defined below).  Inprise will provide you with a Certificate for each Per Seat License and Server License that you purchase.  You may not deploy any copy of your application program unless and until you have paid the applicable fee to Inprise.

A Per Seat License permits the deployment of a single copy of the Software Redistributables on a single computer for use on such computer by a single user at a time, solely for use by and as part of your application program, and solely for internal data processing purposes.

A Server License permits the deployment of a single copy of the Software Redistributables on a single computer server cpu for access by any number of users connected to such cpu, solely for use by and as part of your application program, and solely for internal data processing purposes.

GENERAL TERMS THAT APPLY TO COMPILED PROGRAMS AND REDISTRIBUTABLES
You may write and compile (including byte-code compile) your own application programs using the Software, including any libraries and source code included for such purpose with the Software. You may reproduce and distribute, in executable form only, programs which you create using the Software without additional license or fees, subject to all of the conditions in this License Agreement.

Inprise products may include certain files ("Redistributables") intended for distribution by you to the users of programs you create.  Redistributables include, for example, those files identified in the accompanying printed or on-line documentation as redistributable files, those files preselected for deployment by an install utility provided with the Software (if any), or those files pre-selected by a third party install utility which operates under control of an install script which Inprise has certified (if any) for use by licensed users of this Software for deploying applications.  In any event, the Redistributables for the Software are only those files specifically designated as such by Inprise.  From time to time, Inprise may designate other files as Redistributables.  You should refer to the documentation, including any "readme" or "deploy" files included with the Software, for additional information.  

Subject to all of the conditions in this License Agreement, you may reproduce and distribute exact copies of the Redistributables, provided that such copies are made from the original copy of the Software or the copy transferred to the single hard disk.  Copies of Redistributables may only be distributed with and for the sole purpose of executing application programs permitted under this License Agreement that you have created using the Software.  Under no circumstances may any copies of Redistributables be distributed separately.  Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your programs, under no circumstances may the libraries (including runtime libraries), code, Redistributables, and/or other files of the Software (including any portions thereof) be used for developing programs by anyone other than you.  Only you as the licensed user (or the Named User for your entity) have the right to use the libraries (including runtime libraries), code, Redistributables, or other files of the Software (or any portions thereof) for developing programs created with the Software.  In particular, you may not share copies of the Redistributables with other co-developers.  You may not reproduce or distribute any Inprise documentation without Inprise's permission.

The license granted in this License Agreement for you to create your own compiled programs and distribute your programs and the Redistributables (if any) is subject to all of the following conditions:  (i) all copies of the programs you create must bear a valid copyright notice, either your own or the Inprise copyright notice that appears on the Software;  (ii) you may not remove or alter any Inprise copyright, trademark or other proprietary rights notice contained in any portion of Inprise libraries, source code, Redistributables or other files that bear such a notice;  (iii) All rights and obligations of the parties here are personal to them. This Agreement is not intended to benefit nor shall it be deemed to give rise to, any rights in any third party. Consequently, Inprise provides no warranty at all to any person, other than the Limited Warranty provided to the original purchaser of the Software, and you will remain solely responsible to anyone receiving your programs for support, service, upgrades, or technical or other assistance, and such recipients will have no right to contact Inprise for such services or assistance; (iv) you will indemnify, defend and hold Inprise, its related companies and its suppliers, harmless from and against any claims or liabilities arising out of the use, reproduction or distribution of your programs;  (v) your programs must be written using a licensed, registered copy of the Software;  (vi) your programs must add primary and substantial functionality, and may not be merely a set or subset of any of the libraries (including runtime libraries), code, Redistributables or other files of the Software; (vii) regardless of any modifications which you make and regardless of how you might compile, link, or package your programs, the libraries (including runtime libraries), code, Redistributables, and/or other files of the Software (including any portions thereof) may not be used in programs created by your end users (i.e., users of your programs) and may not be further redistributed by your end users; and (viii) you may not use Inprise's or any of its suppliers' names, logos, or trademarks to market your programs, except to state that your program was written using the Software.

The Software might include source code, redistributable files, and/or other files provided by a third party vendor (Third Party Software).  Since use of Third Party Software might be subject to license restrictions imposed by the third party vendor, you should refer to the on-line documentation (if any) provided with Third Party Software for any license restrictions imposed by the third party vendor.  In any event, any license restrictions imposed by a third party vendor are in addition to, not in lieu of, the terms and conditions of the License Agreement.

All Inprise Software provided under this Agreement, including but not limited to libraries, source code, Redistributables and other files remain Inprise's exclusive property.  Inprise will retain all right title and interest in and to the libraries, source code, Redistributables and other files, including the Intellectual Property contained in such property (including but not limited to, ownership of all copyrights, patents, trademarks, service marks worldwide).  Regardless of any modifications that you make, you may not distribute any files (particularly Inprise source code and other non-executable files) except those that Inprise has expressly designated as Redistributables.  Nothing in the License Agreement permits you to derive the source code of files that Inprise has provided to you in executable form only, or to reproduce, modify, use, or distribute the source code of such files.  You are not, of course, restricted from distributing source code or byte code that is entirely your own.  Source code which you generate with an Inprise source code generator, such as the Application Wizard, is considered by Inprise to be your code.

Contact Inprise for the applicable royalties due and other licensing terms for all other uses and/or distribution of the Redistributables.

ADDITIONAL LICENSE TERMS FOR THE JDATASTORE REDISTRIBUTABLES
You may not distribute any program or file which includes, is created from, or otherwise incorporates the Software Redistributables if such program or file is a general purpose database program or otherwise generally competitive with or a substitute for InterBase, Paradox, dBASE, the Borland Database Engine, or JDataStore. Further, you may not use that portion of the Software identified as the ICE BROWSER to create a product that competes with the ICE BROWSER from ICEsoft AS.  Further, your program must require your users to run an unmodified copy of the installation program created by the install utility provided with the Software (if any), or created by a third party install utility which operates under control of an install script which Inprise has certified for deploying applications using the Software Redistributables or a subset thereof.  You may not circumvent any integrity and/or versioning checks required for correctly installing the Software Redistributables.

ADDITIONAL LICENSE TERMS FOR DATAEXPRESS
You may not distribute any program or file which includes, is created from, or otherwise incorporates portions of the Software identified as DATAEXPRESS if such program or file is a general purpose development tool, library, component, and/or environment for Java, or is otherwise generally competitive with or a substitute for Inprise's JBuilder or the DATAEXPRESS Software.

LIMITED WARRANTY
Software provided under this Agreement, including but not limited to libraries, source code, Redistributables and other files are provided "as is," without warranty of any kind, Inprise 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.

Inprise's and its suppliers' entire liability and your exclusive remedy shall be, at Inprise's option, either (a) return of the price paid, or (b) repair or replacement of the Software that does not meet Inprise's Limited Warranty and which is returned to Inprise with a copy of your receipt.  DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED THE INPRISE 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 Inprise are available without proof of purchase from an authorized non-U.S. source.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INPRISE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INPRISE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, GOODWILL, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) WHETHER BASED ON BREACH OF CONTRACT TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PROVIDED BY INPRISE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF INPRISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, INPRISE'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 U.S. $25; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO AN INPRISE SUPPORT SERVICES AGREEMENT, INPRISE'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 LIMITATION MAY NOT APPLY TO YOU.

NO AGENCY
The parties to this Agreement are independent contractors and will have no power of authority to assume or create any obligation or responsibility on behalf of each other. This Agreement will not be construed to create or imply any partnership, agency or joint venture.

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"). Inprise 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 Inprise Corporation, 100 Enterprise Way, Scotts Valley, CA 95066.

GENERAL PROVISIONS
This License Agreement may only be modified in writing signed by you and an authorized officer of Inprise.  All terms of any purchase order or other ordering document shall be superseded by this License Agreement.  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.

Failure by either party at any time to enforce any obligation by the other party, to claim a breach of any term of this Agreement or to exercise any power agreed to hereunder will not be construed as a waiver of any right, power or obligation under this Agreement, will not affect any subsequent breach, and will not prejudice either parties as regards any subsequent action.

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.  Inprise reserves all rights not specifically granted in this License Agreement.

Neither party may assign any rights or obligations under this Agreement without the prior consent of the other; except that this Agreement may be assigned in whole as part of a corporate reorganization, consolidation, merger or sale of substantially all of its assets, provided that it has notified such other party within thirty (30) days subsequent to the effective date of such event.

The provisions of this Agreement that by their nature and content are intended to survive the performance hereof shall so survive the completion and termination of this Agreement.


