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GPLv2

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LICENSE

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Copyright (c) 2005-2024 Code Synthesis.
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For more information on ODB licensing as well as for answers to some of the
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common licensing questions, visit the ODB License page:
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http://www.codesynthesis.com/products/odb/license.xhtml
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The individual ODB components are licensed as follows (see the LICENSE file
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in each package for the exact terms and conditions):
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NCUEL

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ODB NON-COMMERCIAL USE AND EVALUATION LICENSE (NCUEL)
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INTENT
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The intent of this license is to allow you to use ODB with commercial
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databases, such as Oracle, Microsoft SQL Server, IBM DB/2, etc., free
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of charge non-commercially or for evaluation.
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Furthermore, if a commercial database has a free edition, often called
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express edition, such as Oracle Express, Microsoft SQL Server Express,
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IBM DB/2 Express-C, etc., that can be used for commercial purposes free
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of charge, then this license allows you to use ODB with such an edition
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for commercial purposes also free of charge.
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Note also that the development of an application that will be used for
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commercial purposes constitutes a commercial use and is not allowed,
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except with a free edition of a commercial database. However, this
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license allows you to evaluate ODB; that is, to use the Software for
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a reasonable period for the purpose of determining its suitability for
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a particular application as well as to conduct exploratory development
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or proof-of-concept prototyping.
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Finally, any application that uses ODB under this license, whether non-
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commercially, for evaluation, or commercially with a free edition of a
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database, is subject to the terms and conditions similar to that of the
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GPL version 2. In particular, this means that if and when you distribute
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your application, you are required to also release its source code.
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If you have any questions concerning this License, please contact us at:
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LEGAL TERMS AND CONDITIONS
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This Code Synthesis Non-Commercial Use and Evaluation License
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Agreement for ODB Software ("License") is a legal agreement between
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you, the Licensee, (either an individual or a single entity) and Code
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Synthesis for non-commercially using, copying, distributing and
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modifying the Software and any work derived from the Software, as
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defined hereinbelow. Any commercial use, except as expressly provided
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in Section 2.1, is subject to a different license.
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By using, modifying, or distributing the Software or any work derived
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from the Software, Licensee indicates acceptance of this License and
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agrees to be bound by all its terms and conditions for using, copying,
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distributing, or modifying the Software and works derived from the
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Software. If Licensee is agreeing to this License on behalf of an entity
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other than an individual person, Licensee represents that Licensee is
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binding and have the right to bind the entity to the terms and conditions
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of this agreement.
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These terms and conditions only apply to the ODB components that are
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explicitly licensed under this License (normally ODB runtime libraries
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for commercial databases). Other ODB components may be licensed under
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other licenses and are not affected in any way by the terms and
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conditions found in this License. Similarly, ODB components licensed
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under this License are not affected by the terms and conditions found
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in other licenses. If you are using several ODB components that are
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licensed under different licenses, you must comply with the terms and
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conditions of each such license.
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No rights are granted to the Software except as expressly set forth
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herein. Nothing other than this License grants Licensee permission to
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use, copy, distribute or modify the Software or any work derived from
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the Software. Licensee may not use, copy, distribute or modify the
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Software or any work derived from the Software except as expressly
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provided under this License. If Licensee does not accept the terms and
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conditions of this License, Licensee shall not use, copy, distribute
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or modify the Software.
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In consideration for Licensee's forbearance of commercial use of the
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Software, except as expressly provided in Section 2.1, Code Synthesis
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grants Licensee non-exclusive, royalty-free and without fees rights
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as expressly provided herein.
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1. DEFINITIONS.
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A "commercial database" is a database product that has associated
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fees and/or royalties payable for production and/or commercial use
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of the database product. Commercial databases include, but are not
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limited to, Oracle, Microsoft SQL Server, and IBM DB/2.
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A "free edition of a commercial database" is a special, limited edition
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of a commercial database, often called express edition, that does not
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require fees and/or royalties for production and/or commercial use.
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Free editions of commercial databases include, but are not limited to,
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Oracle Express, Microsoft SQL Server Express, and IBM DB/2 Express-C.
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The "Software" is one of the ODB runtime libraries for one of the
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commercial databases, including, but not limited to, demo programs,
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associated media and printed materials, and any included "on-line"
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documentation.
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A "work derived from the Software" is any derivative work as defined
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in the copyright law of the nation or state where rights to the work
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derived from the Software are exercisable; that is to say, a program
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which is linked with or otherwise incorporates the ODB runtime library
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or a translation, improvement, enhancement, extension or other
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modification of the Software which has sufficient originality to
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qualify in such a nation or state as a copyrightable work is a work
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derived from the Software.
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To "use" means to execute (i.e. run) the Software.
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To "copy" means to create one or more copies of the Software.
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To "distribute" means to broadcast, publish, transfer, post, upload,
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download or otherwise disseminate in any medium to any third party.
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To "modify" means to create a work derived from the Software.
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To "evaluate" means to use the Software for a reasonable period for
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the purpose of determining its suitability for a particular application
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as well as to conduct exploratory development or proof-of-concept
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prototyping.
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A "commercial use" is:
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(1) the use of the Software or any work derived from the Software in
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connection with, for or in aid of the generation of revenue, such as
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in the conduct of Licensee's daily business operations; or
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(2) any copying, distribution or modification of the Software or any
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work derived from the Software to any party where payment or other
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consideration is made in connection with such copying, distribution or
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modification, whether directly (as in payment for a copy of the
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Software) or indirectly (including but not limited to payment for some
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good or service related to the Software, or payment for some product
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or service that includes a copy of the Software "without charge").
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However, the following actions which involve payment do not in and
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of themselves constitute a commercial use:
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(a) posting the Software on a public access information storage and
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retrieval service for which a fee is received for retrieving
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information (such as an on-line service), provided that the fee is not
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content-dependent. Such fees which are not content dependent include,
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but are not limited to, fees which are based solely on the storage
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capacity required to store the information, and fees which are based
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solely on the time required to transfer the information from/to the
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public access information storage and retrieval service; and
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(b) distributing the Software on a CD-ROM, provided that the Software
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is reproduced entirely and verbatim on such CD-ROM, and provided further
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that all information on such CD-ROM may be distributed in a manner which
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does not constitute a commercial use.
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2. GRANT OF LICENSE.
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2.1. LICENSE TO USE.
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Licensee may use the Software provided that such use does not constitute
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a commercial use.
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Licensee may also use the Software commercially with a free edition of a
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commercial database, if such an edition is available. If Licensee
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distributes works derived from the Software and such works may be used
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commercially by third parties, Licensee must cause such commercial use
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to be limited to a free edition of a commercial database.
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2.2. LICENSE TO EVALUATE.
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Licensee may evaluation the Software for commercial use.
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2.3. LICENSE TO COPY AND DISTRIBUTE.
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Licensee may copy and distribute literal (i.e., verbatim) copies of the
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Software as Licensee receives it throughout the world, in any medium,
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provided that Licensee distributes an unmodified, easily-readable copy
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of this License with the Software, and provided further that such
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distribution does not constitute a commercial use.
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2.4. LICENSE TO CREATE WORKS DERIVED FROM THE SOFTWARE.
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Licensee may create works derived from the Software, provided that any
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such work derived from the Software carries prominent notices stating
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both the manner in which Licensee has created a work derived from the
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Software (for example, notices stating that the work derived from the
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Software is linked with or otherwise incorporates the ODB runtime
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library, or notices stating that the work derived from the Software
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is an enhancement to the Software which Licensee has created) and the
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date any such work derived from the Software was created.
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2.5. LICENSE TO COPY AND DISTRIBUTE WORKS DERIVED FROM THE SOFTWARE.
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Licensee may copy and distribute works derived from the Software
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throughout the world, provided that Licensee distributes an
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unmodified, easily-readable copy of this License with such works
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derived from the Software, and provided further that such distribution
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does not constitute a commercial use. Licensee must cause any work
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derived from the Software that Licensee distributes to be licensed as
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a whole and at no charge to all third parties under the terms of this
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License or another free/open source license that does not restrict any
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rights of any third party that would have been granted should such work
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have been licensed under this License.
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Any work derived from the Software must be accompanied by the complete
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corresponding machine-readable source code of such work derived from
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the Software, delivered on a medium customarily used for software
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interchange. The source code for the work derived from the Software
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means the preferred form of the work derived from the Software for
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making modifications to it. For an executable work derived from the
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Software, complete source code means all of the source code for all
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modules of the work derived from the Software, all associated
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interface definition files and all scripts used to control compilation
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and installation of all or any part of the work derived from the
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Software. However, the source code delivered need not include anything
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that is normally distributed, in either source code or binary (object-
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code) form, with major components (including but not limited to
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compilers, linkers, and kernels) of the operating system on which the
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executable work derived from the Software runs, unless that component
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itself accompanies the executable code of the work derived from the
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Software.
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Furthermore, if the executable code or object code of the work derived
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from the Software may be copied from a designated place, and if the
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source code of the work derived from the Software may be copied from
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the same place, then the work derived from the Software shall be
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construed as accompanied by the complete corresponding machine-readable
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source code of such work derived from the Software, even though third
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parties are not compelled to copy the source code along with the
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executable code or object code.
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If the work derived from the Software normally reads commands
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interactively when run, Licensee must cause the work derived from the
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Software, at each time it commences operation, to print or display an
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announcement including either a notice consisting of the verbatim
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warranty and liability provisions of this License, or a notice that
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Licensee, and not Code Synthesis provides a warranty.
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Licensee may not impose any further restrictions on the exercise of
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the rights granted herein by any recipient of any work derived from
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the Software.
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3. RESTRICTIONS.
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Licensee acknowledges that the Software is protected by copyright laws
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and international copyright treaties, as well as other intellectual
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property laws and treaties. The Software is licensed, not sold. All
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title and copyrights in and to the Software are owned exclusively by
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Code Synthesis.
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Licensee may not sublicense, assign or transfer this License, the
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Software or any work derived from the Software except as permitted by
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this License.
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Licensee is expressly prohibited from using, copying, distributing,
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studying the source code, or otherwise examining the Software for
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the purpose of reverse engineering or duplicating its functionality
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(unless enforcement of this restrictions is prohibited by applicable
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law).
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4. LIMITED WARRANTY.
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4.1 NO WARRANTIES.
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CODE SYNTHESIS EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE
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SOFTWARE IS PROVIDED TO LICENSEE "AS IS," WITHOUT WARRANTY OF ANY KIND,
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EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
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WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
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NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE USE,
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QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH LICENSEE. SHOULD THE
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SOFTWARE PROVE DEFECTIVE, LICENSEE ASSUMES THE COST OF ALL NECESSARY
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SERVICING, REPAIR OR CORRECTION.
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4.2. NO LIABILITY FOR DAMAGES.
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IN NO EVENT WILL CODE SYNTHESIS, OR ANY OTHER PARTY WHO MAY COPY,
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DISTRIBUTE OR MODIFY THE SOFTWARE AS PERMITTED HEREIN, BE LIABLE FOR
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ANY GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
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DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
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BUSINESS PROFITS, BUSINESS INTERRUPTION, INACCURATE INFORMATION, LOSS
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OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR
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INABILITY TO USE THE SOFTWARE, EVEN IF CODE SYNTHESIS OR SUCH OTHER
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PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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5. TERMINATION.
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Any violation or any attempt to violate any of the terms and conditions
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of this License will automatically terminate Licensee's rights under
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this License. Licensee further agrees upon such termination to cease
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any and all using, copying, distributing and modifying of the Software
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and any work derived from the Software, and further to destroy any and
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all of Licensee's copies of the Software and any work derived from the
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Software.
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However, parties who have received copies of the Software or copies of
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any work derived from the Software, or rights, from Licensee under this
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License will not have their licenses terminated so long as such parties
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remain in full compliance with this License.
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6. LICENSE SCOPE AND MODIFICATION.
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This License sets forth the entire agreement between Licensee and Code
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Synthesis and supersedes all prior agreements and understandings between
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the parties relating to the subject matter hereof. None of the terms of
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this License may be waived or modified except as expressly agreed in
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writing by both Licensee and Code Synthesis.
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7. SEVERABILITY.
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Should any provision of this License be declared void or unenforceable,
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the validity of the remaining provisions shall not be affected thereby.

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