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INTERBASE PUBLIC LICENSE

Version 1.0

1. Definitions.

1.0.1. "Commercial Use" means distribution or otherwise making the Covered

Code available to a third party.

1.1. ''Contributor'' means each entity that creates or contributes to the

creation of Modifications.

1.2. ''Contributor Version'' means the combination of the Original Code,

prior Modifications used by a Contributor, and the Modifications made by

that particular Contributor.

1.3. ''Covered Code'' means the Original Code or Modifications or the

combination of the Original Code and Modifications, in each case including

portions thereof.

1.4. ''Electronic Distribution Mechanism'' means a mechanism generally

accepted in the software development community for the electronic transfer

of data.

1.5. ''Executable'' means Covered Code in any form other than Source Code.

1.6. ''Initial Developer'' means the individual or entity identified as the

Initial Developer in the Source Code notice required by Exhibit A.

1.7. ''Larger Work'' means a work which combines Covered Code or portions

thereof with code not governed by the terms of this License.

1.8. ''License'' means this document.

1.8.1. "Licensable" means having the right to grant, to the maximum extent

possible, whether at the time of the initial grant or subsequently acquired,

any and all of the rights conveyed herein.

1.9. ''Modifications'' means any addition to or deletion from the substance

or structure of either the Original Code or any previous Modifications. When

Covered Code is released as a series of files, a Modification is:

A. Any addition to or deletion from the contents of a file containing

Original Code or previous Modifications.

B. Any new file that contains any part of the Original Code or previous

Modifications.

1.10. ''Original Code'' means Source Code of computer software code which is

described in the Source Code notice required by Exhibit A as Original Code,

and which, at the time of its release under this License is not already

Covered Code governed by this License.

1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter

acquired, including without limitation, method, process, and apparatus

claims, in any patent Licensable by grantor.

1.11. ''Source Code'' means the preferred form of the Covered Code for

making modifications to it, including all modules it contains, plus any

associated interface definition files, scripts used to control compilation

and installation of an Executable, or source code differential comparisons

against either the Original Code or another well known, available Covered

Code of the Contributor's choice. The Source Code can be in a compressed or

archival form, provided the appropriate decompression or de-archiving

software is widely available for no charge.

1.12. "You'' (or "Your") means an individual or a legal entity exercising

rights under, and complying with, all of the terms of, this License or a

future version of this License issued under Section 6.1. For legal entities,

"You'' includes any entity which controls, is controlled by, or is under

common control with You. For purposes of this definition, "control'' means

(a) the power, direct or indirect, to cause the direction or management of

such entity, whether by contract or otherwise, or (b) ownership of more than

fifty percent (50%) of the outstanding shares or beneficial ownership of

such entity.

2. Source Code License.

2.1. The Initial Developer Grant.

The Initial Developer hereby grants You a world-wide, royalty-free,

non-exclusive license, subject to third party intellectual property claims:

(a) under intellectual property rights (other than patent or trademark)

Licensable by Initial Developer to use, reproduce, modify, display, perform,

sublicense and distribute the Original Code (or portions thereof) with or

without Modifications, and/or as part of a Larger Work; and

(b) under Patents Claims infringed by the making, using or selling of

Original Code, to make, have made, use, practice, sell, and offer for sale,

and/or otherwise dispose of the Original Code (or portions thereof).

date Initial Developer first distributes Original Code under the terms of

this License.

(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1)

for code that You delete from the Original Code; 2) separate from the

Original Code; or 3) for infringements caused by: i) the modification of the

Original Code or ii) the combination of the Original Code with other

software or devices.

2.2. Contributor Grant.

Subject to third party intellectual property claims, each Contributor hereby

grants You a world-wide, royalty-free, non-exclusive license

(a) under intellectual property rights (other than patent or trademark)

Licensable by Contributor, to use, reproduce, modify, display, perform,

sublicense and distribute the Modifications created by such Contributor (or

portions thereof) either on an unmodified basis, with other Modifications,

as Covered Code and/or as part of a Larger Work; and

(b) under Patent Claims infringed by the making, using, or selling of

Modifications made by that Contributor either alone and/or in combination

with its Contributor Version (or portions of such combination), to make,

use, sell, offer for sale, have made, and/or otherwise dispose of: 1)

Modifications made by that Contributor (or portions thereof); and 2) the

combination of Modifications made by that Contributor with its Contributor

Version (or portions of such combination).

date Contributor first makes Commercial Use of the Covered Code.

(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1)

for any code that Contributor has deleted from the Contributor Version; 2)

separate from the Contributor Version; 3) for infringements caused by: i)

third party modifications of Contributor Version or ii) the combination of

Modifications made by that Contributor with other software (except as part

of the Contributor Version) or other devices; or 4) under Patent Claims

infringed by Covered Code in the absence of Modifications made by that

Contributor.

3. Distribution Obligations.

3.1. Application of License.

The Modifications which You create or to which You contribute are governed

by the terms of this License, including without limitation Section 2.2. The

Source Code version of Covered Code may be distributed only under the terms

of this License or a future version of this License released under Section

6.1, and You must include a copy of this License with every copy of the

Source Code You distribute. You may not offer or impose any terms on any

Source Code version that alters or restricts the applicable version of this

License or the recipients' rights hereunder. However, You may include an

additional document offering the additional rights described in Section 3.5.

3.2. Availability of Source Code.

Any Modification which You create or to which You contribute must be made

available in Source Code form under the terms of this License either on the

same media as an Executable version or via an accepted Electronic

Distribution Mechanism to anyone to whom you made an Executable version

available; and if made available via Electronic Distribution Mechanism, must

remain available for at least twelve (12) months after the date it initially

became available, or at least six (6) months after a subsequent version of

that particular Modification has been made available to such recipients. You

are responsible for ensuring that the Source Code version remains available

even if the Electronic Distribution Mechanism is maintained by a third

party.

3.3. Description of Modifications.

You must cause all Covered Code to which You contribute to contain a file

documenting the changes You made to create that Covered Code and the date of

any change. You must include a prominent statement that the Modification is

derived, directly or indirectly, from Original Code provided by the Initial

Developer and including the name of the Initial Developer in (a) the Source

Code, and (b) in any notice in an Executable version or related

documentation in which You describe the origin or ownership of the Covered

Code.

3.4. Intellectual Property Matters

(a) Third Party Claims.

If Contributor has knowledge that a license under a third party's

intellectual property rights is required to exercise the rights granted by

such Contributor under Sections 2.1 or 2.2, Contributor must include a text

file with the Source Code distribution titled "LEGAL'' which describes the

claim and the party making the claim in sufficient detail that a recipient

will know whom to contact. If Contributor obtains such knowledge after the

Modification is made available as described in Section 3.2, Contributor

shall promptly modify the LEGAL file in all copies Contributor makes

available thereafter and shall take other steps (such as notifying

appropriate mailing lists or newsgroups) reasonably calculated to inform

those who received the Covered Code that new knowledge has been obtained.

(b) Contributor APIs.

If Contributor's Modifications include an application programming interface

and Contributor has knowledge of patent licenses which are reasonably

necessary to implement that API, Contributor must also include this

information in the LEGAL file.

Contributor represents that, except as disclosed pursuant to Section 3.4(a)

above, Contributor believes that Contributor's Modifications are

Contributor's original creation(s) and/or Contributor has sufficient rights

to grant the rights conveyed by this License.

3.5. Required Notices.

You must duplicate the notice in Exhibit A in each file of the Source Code.

If it is not possible to put such notice in a particular Source Code file

due to its structure, then You must include such notice in a location (such

as a relevant directory) where a user would be likely to look for such a

notice. If You created one or more Modification(s) You may add your name as

a Contributor to the notice described in Exhibit A. You must also duplicate

this License in any documentation for the Source Code where You describe

recipients' rights or ownership rights relating to Covered Code. You may

choose to offer, and to charge a fee for, warranty, support, indemnity or

liability obligations to one or more recipients of Covered Code. However,

You may do so only on Your own behalf, and not on behalf of the Initial

Developer or any Contributor. You must make it absolutely clear than any

such warranty, support, indemnity or liability obligation is offered by You

alone, and You hereby agree to indemnify the Initial Developer and every

Contributor for any liability incurred by the Initial Developer or such

Contributor as a result of warranty, support, indemnity or liability terms

You offer.

3.6. Distribution of Executable Versions.

You may distribute Covered Code in Executable form only if the requirements

of Section 3.1-3.5 have been met for that Covered Code, and if You include a

notice stating that the Source Code version of the Covered Code is available

under the terms of this License, including a description of how and where

You have fulfilled the obligations of Section 3.2. The notice must be

conspicuously included in any notice in an Executable version, related

documentation or collateral in which You describe recipients' rights

relating to the Covered Code. You may distribute the Executable version of

Covered Code or ownership rights under a license of Your choice, which may

contain terms different from this License, provided that You are in

compliance with the terms of this License and that the license for the

Executable version does not attempt to limit or alter the recipient's rights

in the Source Code version from the rights set forth in this License. If You

distribute the Executable version under a different license You must make it

absolutely clear that any terms which differ from this License are offered

by You alone, not by the Initial Developer or any Contributor. You hereby

agree to indemnify the Initial Developer and every Contributor for any

liability incurred by the Initial Developer or such Contributor as a result

of any such terms You offer.

3.7. Larger Works.

You may create a Larger Work by combining Covered Code with other code not

governed by the terms of this License and distribute the Larger Work as a

single product. In such a case, You must make sure the requirements of this

License are fulfilled for the Covered Code.

4. Inability to Comply Due to Statute or Regulation.

If it is impossible for You to comply with any of the terms of this License

with respect to some or all of the Covered Code due to statute, judicial

order, or regulation then You must: (a) comply with the terms of this

License to the maximum extent possible; and (b) describe the limitations and

the code they affect. Such description must be included in the LEGAL file

described in Section 3.4 and must be included with all distributions of the

Source Code. Except to the extent prohibited by statute or regulation, such

description must be sufficiently detailed for a recipient of ordinary skill

to be able to understand it.

5. Application of this License.

This License applies to code to which the Initial Developer has attached the

notice in Exhibit A and to related Covered Code.

6. Versions of the License.

6.1. New Versions.

Inprise Corporation (''Inprise'') may publish revised and/or new versions of

the License from time to time. Each version will be given a distinguishing

version number.

6.2. Effect of New Versions.

Once Covered Code has been published under a particular version of the

License, You may always continue to use it under the terms of that version.

You may also choose to use such Covered Code under the terms of any

subsequent version of the License published by Inprise. No one other than

Inprise has the right to modify the terms applicable to Covered Code created

under this License.

6.3. Derivative Works.

If You create or use a modified version of this License (which you may only

do in order to apply it to code which is not already Covered Code governed

by this License), You must (a) rename Your license so that the phrases

''Mozilla'', ''MOZILLAPL'', ''MOZPL'', ''Netscape'', "MPL", ''NPL",

"Inprise", "ISC", "InterBase", "IB'' or any confusingly similar phrase do

not appear in your license (except to note that your license differs from

this License) and (b) otherwise make it clear that Your version of the

license contains terms which differ from the Mozilla Public License and

Netscape Public License. (Filling in the name of the Initial Developer,

Original Code or Contributor in the notice described in Exhibit A shall not

of themselves be deemed to be modifications of this License.)

6.4 Origin of the InterBase Public License.

The InterBase Public License V 1.0 is based on the Mozilla Public License V

1.1 with the following changes:

1. The license is published by Inprise Corporation. Only Inprise Corporation

can modify the terms applicable to Covered Code.

2. The license can be modified and used for code which is not already

governed by this license. Modified versions of the license must be renamed

to avoid confusion with Netscape's or Inprise Corporation's public license

and must include a description of changes from the InterBase Public License.

3. The name of the license in Exhibit A is the "InterBase Public License".

4. The reference to an alternative license in Exhibit A has been removed.

5. Amendments I, II, III, V, and VI have been deleted.

6. Exhibit A, Netscape Public License has been deleted

7. A new amendment (II) has been added, describing the required and

restricted rights to use the trademarks of Inprise Corporation.

7. DISCLAIMER OF WARRANTY.

COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT

WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT

LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,

MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE

RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU.

SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL

DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY

SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN

ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED

HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8. TERMINATION.

8.1. This License and the rights granted hereunder will terminate

automatically if You fail to comply with terms herein and fail to cure such

breach within 30 days of becoming aware of the breach. All sublicenses to

the Covered Code which are properly granted shall survive any termination of

this License. Provisions which, by their nature, must remain in effect

beyond the termination of this License shall survive.

8.2. If You initiate litigation by asserting a patent infringement claim

(excluding declaratory judgment actions) against Initial Developer or a

Contributor (the Initial Developer or Contributor against whom You file such

action is referred to as "Participant") alleging that:

(a) such Participant's Contributor Version directly or indirectly infringes

any patent, then any and all rights granted by such Participant to You under

Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from

Participant terminate prospectively, unless if within 60 days after receipt

of notice You either: (i) agree in writing to pay Participant a mutually

agreeable reasonable royalty for Your past and future use of Modifications

made by such Participant, or (ii) withdraw Your litigation claim with

respect to the Contributor Version against such Participant. If within 60

days of notice, a reasonable royalty and payment arrangement are not

mutually agreed upon in writing by the parties or the litigation claim is

not withdrawn, the rights granted by Participant to You under Sections 2.1

and/or 2.2 automatically terminate at the expiration of the 60 day notice

period specified above.

(b) any software, hardware, or device, other than such Participant's

Contributor Version, directly or indirectly infringes any patent, then any

rights granted to You by such Participant under Sections 2.1(b) and 2.2(b)

are revoked effective as of the date You first made, used, sold,

distributed, or had made, Modifications made by that Participant.

8.3. If You assert a patent infringement claim against Participant alleging

that such Participant's Contributor Version directly or indirectly infringes

any patent where such claim is resolved (such as by license or settlement)

prior to the initiation of patent infringement litigation, then the

reasonable value of the licenses granted by such Participant under Sections

2.1 or 2.2 shall be taken into account in determining the amount or value of

any payment or license.

8.4. In the event of termination under Sections 8.1 or 8.2 above, all end

user license agreements (excluding distributors and resellers) which have

been validly granted by You or any distributor hereunder prior to

termination shall survive termination.

9. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING

NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY

OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF

ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,

INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT

LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR

MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH

PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS

LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL

INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW

PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR

LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND

LIMITATION MAY NOT APPLY TO YOU.

10. U.S. GOVERNMENT END USERS.

The Covered Code is a ''commercial item,'' as that term is defined in 48

C.F.R. 2.101 (Oct. 1995), consisting of ''commercial computer software'' and

''commercial computer software documentation,'' as such terms are used in 48

C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.

227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users

acquire Covered Code with only those rights set forth herein.

11. MISCELLANEOUS.

This License represents the complete agreement concerning subject matter

hereof. If any provision of this License is held to be unenforceable, such

provision shall be reformed only to the extent necessary to make it

enforceable. This License shall be governed by California law provisions

(except to the extent applicable law, if any, provides otherwise), excluding

its conflict-of-law provisions. With respect to disputes in which at least

one party is a citizen of, or an entity chartered or registered to do

business in the United States of America, any litigation relating to this

License shall be subject to the jurisdiction of the Federal Courts of the

Northern District of California, with venue lying in Santa Clara County,

California, with the losing party responsible for costs, including without

limitation, court costs and reasonable attorneys' fees and expenses. The

application of the United Nations Convention on Contracts for the

International Sale of Goods is expressly excluded. Any law or regulation

which provides that the language of a contract shall be construed against

the drafter shall not apply to this License.

12. RESPONSIBILITY FOR CLAIMS.

As between Initial Developer and the Contributors, each party is responsible

for claims and damages arising, directly or indirectly, out of its

utilization of rights under this License and You agree to work with Initial

Developer and Contributors to distribute such responsibility on an equitable

basis. Nothing herein is intended or shall be deemed to constitute any

admission of liability.

13. MULTIPLE-LICENSED CODE.

Initial Developer may designate portions of the Covered Code as

"Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer

permits you to utilize portions of the Covered Code under Your choice of the

IPL or the alternative licenses, if any, specified by the Initial Developer

in the file described in Exhibit A.

EXHIBIT A - InterBase Public License.

``The contents of this file are subject to the InterBase Public License

Version 1.0 (the "License"); you may not use this file except in compliance

with the License. You may obtain a copy of the License at

http://www.Inprise.com/IPL.html

Software distributed under the License is distributed on an "AS IS" basis,

WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for

the specific language governing rights and limitations under the License.

The Original Code was created by Inprise Corporation and its predecessors.

Portions created by Inprise Corporation are Copyright (C) Inprise

Contributor(s): ______________________________________.

AMENDMENTS

I. Inprise and logo. This License does not grant any rights to use the

trademarks "Inprise'', "InterBase," "Java" or "JavaScript" even if such

marks are included in the Original Code or Modifications.

II. Trademark Usage.

II.1. Advertising Materials. All advertising materials mentioning features

or use of the covered Code must display the following acknowledgement: "This

product includes software developed by Inprise Corporation. "

II.2. Endorsements. The names "Inprise," "InterBase," "ISC," and "IB" must

not be used to endorse or promote Contributor Versions or Larger Works

without the prior written permission of Inprise.

II.3. Product Names. Contributor Versions and Larger Works may not be called

"Inprise" or "InterBase" nor may the words "Inprise" or "InterBase" appear

in their names without the prior written permission of Inprise Corporation.

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