githaven-fork/options/license/Interbase-1.0

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.

Borland 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:

The license is published by Borland Software Corporation. Only Borland Software
Corporation can modify the terms applicable to Covered Code.

The license can be modified 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.

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

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

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

      Exhibit A, Netscape Public License has been deleted

A new amendment (II) has been added, describing the required and restricted
rights to use the trademarks of Borland Software 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
declatory 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 NPL 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 Borland 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.