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). 

(c) the licenses granted in this Section 2.1(a) and (b) are effective on the 
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). 

(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the 
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. 

(c) Representations. 

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. 

InterBase Software Corporation (''InterBase'') 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 InterBase. No one other than 
InterBase 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", 
"InterBase", "ISC", "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 is based on the Mozilla Public License V 1.1 
with the following changes: 

1. The license is published by InterBase Software Corporation. Only InterBase 
Software 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 InterBase Software's 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 InterBase Software Corp.

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 Georgia 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 Georgia and/or the state courts of Gwinnett County, Georgia, 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 
InterBase Public License 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.InterBase.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 InterBase Software Corp and its successors. 

Portions created by Borland/Inprise are Copyright (C) Borland/Inprise. All 
Rights Reserved. 

Contributor(s): ______________________________________. 

AMENDMENTS 

I. InterBase and logo. This License does not grant any rights to use the 
trademarks "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 InterBase Software Corp. "

II.2. Endorsements. The names "InterBase," "ISC," and "IB" must not be used 
to endorse or promote Contributor Versions or Larger Works without the prior 
written permission of InterBase.

II.3. Product Names. Contributor Versions and Larger Works may not be called 
"InterBase" or "InterBase" nor may the word "InterBase" appear in their names 
without the prior written permission of InterBase.

 

