
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, decompile, 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 into which InterBase sold it (or is 
intended for use in the EEC, if sold into the EEC). 
 

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
re-install a new copy of the Software.
 

LIMITED WARRANTY
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, 1800 Green Hills
Road, Suite 150, 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.
