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 do not agree with the terms and conditions of the License Agreement, you may not use the Software and should promptly remove all copies of the Software from your systems.
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 laws and international copyright treaties, as well as other intellectual property laws and treaties. You acknowledge that the Software in source code form remains a confidential trade secret of InterBase 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.
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 or 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 reexported (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 INTERBASE 4.0 FOR FREEBSD The Software includes a number of components, including, (a) the INTERBASE SERVER SOFTWARE ("Server Software"), (b) the INTERBASE CLIENT SOFTWARE ("Client Software"), and (c) the INTERBASE PRECOMPILER SOFTWARE ("Precompiler Software"). You may install and use the Software or the foregoing components provided that (1) the Software is used only with the FreeBSD operating system, and (2) each copy of the Software (or its individual components) is a true and complete copy, including all copyright and trademark notices, and is accompanied by a copy of this License Agreement. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED "AS IS" AND IS AN UNSUPPORTED RELEASE. This License Agreement does not entitle you to any maintenance or other services or any updates or new versions of the Software. Although InterBase may distribute a commercial release of the Software, InterBase reserves the right at any time not to release a commercial release of the Software or, if released, to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release.
ADDITIONAL TERMS WHICH APPLY TO PROGRAMS COMPILED WITH THE SOFTWARE You may write and compile your own applications using the Software, 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.
DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT ANY WARRANTY WHATSOEVER. INTERBASE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE 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, AND TITLE, WITH REGARD TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION.
LIMITATION OF LIABILITY
THIS SOFTWARE IS PROVIDED GRATUITOUSLY AND, ACCORDINGLY, INTERBASE SHALL NOT BE LIABLE UNDER ANY THEORY OR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE. INTERBASE WILL NOT SUPPORT THIS SOFTWARE AND IS UNDER NO OBLIGATION TO ISSUE UPDATES TO THIS SOFTWARE. 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, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR 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. 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 Borland Way, Suite B2, Scotts Valley, California, 95066, U.S.A.
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 Agreement and your license to use the Software will continue so long as you remain in compliance with the terms and conditions of this License Agreement. InterBase may immediately terminate your license to use the Software on notice to you if you breach any of your obligations hereunder. Upon termination, you shall cease using the Software and shall destroy all copies of the Software (and associated Documentation) in any form. All disclaimers of warranties and limitations of liability shall survive any termination of this Agreement.
This License Agreement shall be construed, interpreted and governed by the laws of the State of California, U.S.A. If this product was acquired outside the United States, then local laws may apply. 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.