derivative works of, time share or dispose of the Software or
Documentation or any part thereof. You or Your Company, as
applicable, may use the Software and Documentation solely for
your internal business purposes.
6 ASSIGNMENT. You or Your Companies may not assign or otherwise
transfer in whole or in part or in any manner any rights,
obligations, or any interest in or under this Agreement
without Pervasive SoftwareÆs prior written consent and any
attempted assignment will be void. A merger or other
acquisition by a third party will be treated as an assignment.
Pervasive may at any time and without Your or Your CompanyÆs
consent assign all or a portion of its rights and duties under
this Agreement to a company or companies wholly owning, owned
by, or in common ownership with Pervasive.
7 TERM, TERMINATION. This Agreement is effective from the date
You or Your Company open the software envelope and will remain
in force until terminated. You may terminate this License at
any time by destroying the Documentation and the Software
together with all copies and adaptations. This Agreement shall
also automatically terminate if You or Your Company breach any
of the terms or conditions of this Agreement. You and Your
Company agree to destroy the original and all copies of the
Software and Documentation, or to return them to Pervasive
upon termination of this License. Sections 2.2, 4 and 5 of
this Agreement shall survive any termination hereof.
8 LIMITED WARRANTY AND LIMITED LIABILITY.
8.1 Magnetic Media and Documentation. Pervasive warrants
that if the magnetic media or Documentation are in a damaged
or physically defective condition at the time that the License
is purchased and if they are returned to Pervasive within 90
days of purchase, then Pervasive will provide You or Your
Company with replacements at no charge.
8.2 Disclaimer of Warranty. PERVASIVE LICENSES THE
SOFTWARE PRODUCT TO YOU OR YOUR COMPANY UNDER THIS AGREEMENT
SOLELY ON AN "AS IS" BASIS. PERVASIVE MAKES NO OTHER
REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER, EITHER
EXPRESS OR IMPLIED, REGARDING THE SOFTWARE; PERVASIVE
EXPRESSLY STATES AND YOU OR YOUR COMPANY ACKNOWLEDGES THAT
PERVASIVE DOES NOT MAKE ANY REPRESENTATIONS, CONDITIONS OR
WARRANTIES, INCLUDING, FOR EXAMPLE, WITH RESPECT TO
MERCHANTABILITY, TITLE, OR FITNESS FOR ANY PARTICULAR PURPOSE
OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AMONG
OTHERS.
9 GENERAL CONDITIONS.
9.1 Governing Law. This License Agreement will be governed
by, and interpreted in accordance with, the laws of the State
of Texas (U.S.A.) exclusive of its choice of law provisions.
This Agreement expressly "excludes the United Nations
Convention on Contracts for the International Sale of Goods."
9.2 Complete Understanding. This License Agreement sets
forth the entire understanding and agreement between You or
Your Company and Pervasive and may be amended only in writing
signed by both parties. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER,
SALES PERSON OR OTHER PERSON IS AUTHORIZED TO MODIFY THIS
AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION OR PROMISE
WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THIS AGREEMENT
ABOUT THE SOFTWARE.
9.3 Waiver. No waiver of any right under this Agreement
shall be effective unless in writing, signed by a duly
authorized representative of Pervasive. No waiver of any past
or present right arising from any breach or failure to perform
shall be deemed to be a waiver of any future right arising
under this Agreement.
9.4 Severability. If any provision in this Agreement is
held invalid or unenforceable, that provision shall be
construed, limited, modified or, if necessary, severed, to the
extent necessary, to eliminate its invalidity or
unenforceablility, and the other provisions of this Agreement
shall remain unaffected.
9.5 Export Controls. None of the Software or underlying
information or technology may be downloaded or otherwise
exported or reexported (i) into (or to a national or resident
of) Cuba, Iraq, Libya, North Korea, Iran, or any other country
to which the U.S. has embargoed goods; or (ii) to any person
or entity on the U.S. Treasury DepartmentÆs list of Specially
Designated Nationals, or the U.S. Commerce DepartmentÆs Table
of Denial Orders, or the U.S. Commerce DepartmentÆs Entity
List of Missile, Nuclear, and Chemical and Biological Weapons
Proliferators, or the U.S. Department of StateÆs Foreign
Terrorist Organization List. You agree to the foregoing and
you represent the warrant that you are not located in, under
the control of, or a national or resident of such country or
on any such list. The Software may also be subject to U.S.
laws and export regulations of the U.S. government that
require an explicit export license prior to any export or
reexport of the Software. You agree to obtain any such
explicit export license that may be required.
9.6 U.S Government End Users. The Software 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 the
Software with only those rights set forth herein.
Contractor/Manufacturer is Pervasive Software Inc., 12365
Riata Trace Parkway, Building II, Austin, Texas (U.S.A.)
78727.
9.7 Consequential Damages. WITHOUT LIMITING THE FOREGOING,
IN NO EVENT WILL PERVASIVE BE LIABLE TO YOU OR YOUR COMPANY
FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR RELATING TO THIS LICENSE AGREEMENT, WHETHER UNDER THEORY
OF WARRANTY, TORT, PRODUCTS LIABILITY OR OTHERWISE.
9.8 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 regarding 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"). Pervasive and its suppliers specifically
disclaim any express or implied warranty of fitness for High
Risk Activities.
9.9 English will be the controlling language of this
Agreement.
Microsoft Software Disclaimer
-----------------------------
NO OTHER WARRANTIES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT, AND ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICITION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL 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 THE SOFTWARE PRODUCT, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Apple Software Disclaimer
-------------------------
APPLE COMPUTER, INC. ("APPLE") MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE, REGARDING THE APPLE SOFTWARE. APPLE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE APPLE SOFTWARE IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME STATES. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE APPLE SOFTWARE EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Apple's liability to you for actual damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort [including negligence], product liability or otherwise), will be limited to $50.
Microsoft, Windows, Windows NT, Windows 95, and the Windows logo are registered trademarks or trademarks of the Microsoft Corporation in the United States and/or other countries.
All other trademarks mentioned are the property of their respective owners.
JavaScript 1.2 Compatible. Portions ⌐ Netscape Communications Corporation 1966, All Rights Reserved.
Calendar Conversion Code. Copyright 1993-1995, Scott E. Lee, all rights reserved.
Permission granted to use, copy, modify, distribute and sell so long as the above copyright and this permission statement are retained in all copies. THERE IS NO WARRANTY - USE AT YOUR OWN RISK.
Regex. Copyright ⌐ 1992 Henry Spencer.
Copyright ⌐ 1992, 1993
The Regents of the University of California. All rights reserved.
This code is derived from software contributed to Berkeley by Henry Spencer of the University of Toronto.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgment:
This product includes software developed by the University of California, Berkeley and its contributors.
4. Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Portions of this software are copyrighted by INTERSOLV, Inc., 1991-1996.
