|
To view ActivatorDesk Legal Terms and Conditions click
Interbase Public License - Version 1.0
and Installation Notes:
WELCOME TO INTERBASE 6.Open - Installation notes and issues for InterBase 6 for Windows NT, Windows 95/98, and Windows 2000
INSTALLING INTERBASE 6 - Windows system requirements: Windows 98, Windows 95 with Service Pack 1 or Windows NT 4.0 with Service Pack 5 or Windows 2000. You cannot install InterBase onto a network drive.
OLDER VERSIONS OF INTERBASE - It is recommended that you uninstall any previous versions of InterBase that are present on
the server where you are installing the InterBase 6 software. With this software, as with any software, it is recommended to remove any field test versions prior to installing. If InterBase 4.1 or earlier or any Classic InterBase is present on your database
server, you *must* uninstall it before proceeding with the Version 6 install.
GDS32.DLL - There must be one and only one copy of gds32.dll on the server where InterBase is running. If gds32.dll exists on the server because you have previously installed Borland Database Engine as part of Delphi, C++Builder, or another Borland product, or because InterBase 5 or earlier was installed on the server, you must remove the older gds32.dll file prior to installing this Field Test.
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.
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 Corporation. All Rights
Reserved.
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.
( End of INTERBASE PUBLIC LICENSE )
Version 1.0
R. Lee Heath ActivatorDesk(tm) Additional Install Note:
This install does not install documentation, ODBC drivers, IBConsole, and other accessories
included with the full installation of the Open Source Interbase. For the full install, you
may visit http://www.borland.com/interbase
This install is composed of the unaltered complied version of the Open version from Borland Software and is distributed by R. Lee Heath, 706 Elm Gate Drive, Glenview, IL 60025-4104
R. Lee Heath
706 Elm Gate Drive
Glenview, IL 60025-4104 USA
Tel: 847-729-7522
Fax: 847-729-9719
Email: support@activatordesk.com
|