Devrace FIBPlus for Borland InterBase and Firebird 6.5

DEVRACE FIBPLUS

LICENSE STATEMENT

IMPORTANT - READ CAREFULLY

NOTICE: THIS DEVRACE SOFTWARE PRODUCT (TOGETHER WITH ITS ACCOMPANYING

DOCUMENTATION, THE "PRODUCT") IS THE PROPERTY OF DEVRACE COMPANY

("DEVRACE"). THE PRODUCT IS MADE AVAILABLE TO YOU, THE ORIGINAL PURCHASER,

SUBJECT TO THE FOLLOWING LICENSE AGREEMENT ("LICENSE AGREEMENT" OR

"AGREEMENT"). PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR

DEVRACE FIBPLUS

LICENSE STATEMENT

IMPORTANT - READ CAREFULLY

NOTICE: THIS DEVRACE SOFTWARE PRODUCT (TOGETHER WITH ITS ACCOMPANYING

DOCUMENTATION, THE "PRODUCT") IS THE PROPERTY OF DEVRACE COMPANY

("DEVRACE"). THE PRODUCT IS MADE AVAILABLE TO YOU, THE ORIGINAL PURCHASER,

SUBJECT TO THE FOLLOWING LICENSE AGREEMENT ("LICENSE AGREEMENT" OR

"AGREEMENT"). PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR

USING THE PRODUCT. A COPY OF THIS LICENSE IS AVAILABLE FOR YOUR FUTURE

REFERENCE IN THE "LICENSE.TXT" FILE PROVIDED WITH THE PRODUCT.

Devrace is only willing to grant you this License if you obtained the

Product from Devrace or a Devrace authorized reseller. If you obtained

the Product from any other source you may not install or use the Product.

This License Statement constitutes a legal agreement ("License Agreement")

between you (either as an individual or a single entity) and Devrace

Company ("Devrace") for the software product (the "Product" or "FIBPlus")

identified above, including any software, media, and companying on-line

or printed documentation.

BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT, 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 Product and you do

not agree with the terms and conditions of this License Agreement promptly

return the unused Product to the place from which you obtained it.

Upon your acceptance of the terms and conditions of this Agreement, Devrace

grants you the right to use the Product in the manner provided below.

1. GENERAL TERMS

1.1. DEFINITIONS

(a) " Product" shall mean Devrace's FIBPlus components, Devrace's FIBPlus

Tools and all related documentation as well as all subsequent releases

of and enhancements to those components and documentation.

1.2. LICENSE GRANTED

(a) In consideration for payment by you to Devrace, Devrace grants to you

a non-exclusive, perpetual license for the Product to:

(i) Install, store and use the Product on a network server and on

individual computers over the network PROVIDED that there are no

more than one (1) concurrent user of the Product; and

(ii) Copy the Product to the extent necessary to exercise the

foregoing license, and for backup and archival purposes PROVIDED.

You reproduce Devrace's copyright notices, if any, on all copies

of the Product, and all copies are subject to all terms,

conditions and obligations of this Agreement.

1.3. LICENSE RESTRICTIONS

You agree that it is restricted from:

(i) Distributing, using or copying, or allowing others to distribute, use

or copy any or all of the Product, except as expressly permitted in

this Agreement;

(ii) Using, or allowing others to use the Product in a network, multiple

CPU or multiple-user arrangement, except as expressly permitted in

this Agreement;

(iii) Decompiling, disassembling, reverse engineering or making any

attempt, or allowing others to decompile, disassemble, reverse

engineer or make any attempt to discover the source code of the

Product;

(iv) Leasing, loaning, renting, reselling or sub-licensing, or allowing

others to lease, loan, rent, resell or sub-license the Product or

any rights granted pursuant to this Agreement.

1.4. BREACH/TERMINATION OF RIGHTS

(a) You agree that breach of this Agreement shall void and otherwise

terminate any rights You have to use the Product and shall terminate

any warranties made by You to Devrace. In the event of such

termination of rights and warranties:

(i) You shall immediately return to Devrace the Product, including

any copies thereof in its possession, and certify in writing

that such action has been taken; and

(ii) Each party shall immediately return to the other party the other

party's Confidential Information, including any copies thereof,

and certify in writing that such action has been taken.

(b) You further agree that in the event of a breach or threatened breach

of this Agreement, no adequate remedy at law or money damages will

be available to Devrace that will fairly compensate it, and,

therefore, Devrace will be entitled to an injunction against any

such breach or threatened breach. Exercise of such remedy shall not

be construed as a waiver of any other legal or equitable remedy in

the event of a breach of this Agreement.

1.5. TITLE TO SOFTWARE PRODUCT/COPYRIGHT PROTECTION

(a) You agree that no express or implied rights of any kind are granted

to You other than those expressly set forth in Paragraph 1.2 of

this Agreement. You agree that it receives no title to the Product;

all rights, title, and interest to the Product, and all proprietary

rights therein, remain exclusively with Devrace. You agree that

Devrace maintains exclusive ownership of the Product in all forms,

including all copies thereof and compilations; further such rights,

title and interest shall include, witho limitation, any and all

copyrights, patents, trade secrets, and proprietary and

confidential information rights associated with the Product.

(b) You acknowledge that copyright and intellectual property laws, as

well as international copyright and intellectual property treaties

protect the Product. You shall not remove Devrace's copyright

notice from any copy of the Product in Your possession.

1.6. INDEMNIFICATION

(a) Devrace represents that it owns full rights and title to the

Product and that Your anticipated use of the Product will not

violate any copyright or other proprietary right of any third party.

Devrace shall indemnify and hold Your harmless from any claims or

demands (including reasonable attorney's fees) based on infringement

of a patent, trademark, copyright or trade secret arising from Your

use of the Product provided:

(i) You notify Devrace promptly in writing of any such claim or

demand, cooperate fully with Devrace and permits Devrace to

defend or settle such claim or demand on behalf of You; and

(ii) The Product at issue in such claims or demands were used only

as permitted by this Agreement.

(b) Devrace shall have no liability for any claim of infringement based

on the use or combined use of its Product with software or hardware

products or data not furnished by Devrace if such infringement

would not have occurred in the absence of such combined use.

1.7. UPDATES AND PRODUCT CHANGES

Devrace reserves the right at any time not to release or to discontinue

release of any Product and to alter prices, features, specifications,

capabilities, functions, licensing terms, release dates, general

availability or other characteristics of any future releases of the

Product.

2. ADDITIONAL TERMS

2.1. ADDITIONAL LICENSE TERMS APPLICABLE TO EVALUATION SOFTWARE

You may not use the Product for any commercial, business, governmental or

institutional purpose of any kind. At the end of the Evaluation Period,

further use of the Product by you is prohibited without the purchase of a

commercial license. If you do not purchase a license for the Product at

the end of the Evaluation Period, you hereby agree to permanently remove

or delete the Product from all computer systems on which it was installed

and destroy any software and documentation received, and not to reinstall

a new copy of the Product. If you desire to continue to use the Product

following the Evaluation Period, you should contact Devrace or a Devrace

authorized reseller to order commercial licenses to use the Product.

2.2. ADDITIONAL LICENSE TERMS APPLICABLE TO SOFTWARE LICENSED FOR

EDUCATIONAL USE

Subject to the terms and conditions of this Agreement, you may exercise

your rights under this license to use the Product and to create Works

solely for your own personal use in providing or receiving instruction

within the limited scope of guided computer programming and/or software

training courses in which you are a direct and personal participant,

either as student or instructor ("Courses"). You may only reproduce,

distribute and use Works, in source or object code form, to other

participants of the Courses and then only for educational or training

purposes. You may not use the Products or Works created with the

products for any commercial, business, governmental or institutional

purpose of any kind, except to the extent you are an instructor teaching

a Course. Devrace retains all rights not specifically granted to you

herein.

2.3. ADDITIONAL LICENSE TERMS APPLICABLE TO UPGRADES

If you have purchased an upgrade version of the Product, it constitutes

a single product with the copy of the Product that you upgraded. This

means that, although you may have two sets of Product media, you still

have only one license. Therefore, you may not transfer the original copy

of the Product to any other party.

3. LIMITED WARRANTY AND DISCLAMER

DEVRACE MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO

THE PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO

PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN

NO EVENT WILL DEVRACE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,

AND/OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF

INCOME, LOSS OF INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER

PECUNIARY LOSS, ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT,

EVEN IF DEVRACE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF

ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. No Devrace employee,

representative or affiliate is authorized to make any modification or

addition to the warranty or remedies provided herein. Some states do

not allow the exclusion or limitation of implied warranties or

limitation of liability for incidental or consequential damages, so the

above exclusion or limitation may not apply. Where liability may not

be excluded but may be limited under applicable law, Devrace's liability

shall be limited to the amount paid for the Software Product.

4. CONFIDENTIAL INFORMATION

You acknowledge that the Product in source code form remains a

confidential trade secret of Devrace. You agree to hold this information

in confidence, not disclose it to any person, and not use it for any

purpose other than the use and operation of the Product as permitted

under this Agreement.

5. TERM AND TERMINATION

5.1. TERM

The term of this Agreement will begin as of the date that you receive

the Product and will remain in effect perpetually unless terminated

under this Section 5.

5.2. TERMINATION FOR CONVENIENCE

You may terminate this Agreement for any reason, or for no reason, by

giving Devrace five (5) days' written notice.

5.3. TERMINATION FOR CAUSE.

Devrace may terminate this Agreement if you breach your obligations

hereunder. Devrace will effect such termination by giving you notice of

termination, specifying therein the alleged breach. If your breach is

curable, you will have a grace period of thirty days (30) after such

notice is served to cure the breach described therein. If the breach is

cured within the thirty day (30) grace period, then this Agreement will

remain in effect; otherwise, this Agreement will automatically terminate

upon the conclusion of the thirty day (30) grace period.

5.4. EFFECT OF TERMINATION

Upon the termination of this Agreement for any reason the following

terms shall apply:

(a) all rights granted under this License will immediately terminate

and you must stop all use of the Product;

(b) You must return to Devrace or destroy all copies of the Product

provided to or made by you, and will, within ten (10) days after

the effective date of termination, provide Devrace with written

certification that all such copies have been returned or

destroyed;