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📄 license.txt

📁 db.* (pronounced dee-be star) is an advanced, high performance, small footprint embedded database fo
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     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: (a) unless otherwise agreed in writing, all     disputes relating to this License (excepting any dispute relating to     intellectual property rights) shall be subject to final and binding     arbitration, with the losing party paying all costs of arbitration;     (b) any arbitration relating to this Agreement shall be held in San     Mateo County, California, under the auspices of JAMS/EndDispute; and     (c) any litigation relating to this License or this Agreement shall     be subject to the jurisdiction of the Federal Courts of the Northern     District of California, with venue lying in San Mateo 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 COSPL or the alternative licenses, if any, specified     by the Initial Developer in the file described in Exhibit A.EXHIBIT A - Centura Open Source Public License.     Except as provided herein, the contents of this file are subject to the     Centura Open Source Public License Version 1.0 (the "License"); you may     not use this file except in compliance with the License.  A copy of the     License will be provided to you by Club ITTIA.     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 is db.linux version 1.0, released February 29, 2000.       The Initial Developer of the Original Code is Centura Software     Corporation. Portions created by Centura Software Corporation are     Copyright (C) 1984-2000 Centura Software Corporation. All Rights     Reserved.     This file contains modifications to the Original Code made by ITTIA.     This file may only be used in accordance with the ITTIA DB.* V.2 License     Agreement which is available at WWW.ITTIA.COM.AMENDMENTS     The Centura Open Source Public License Version 1.0 ("COSPL") consists      of the includes the following Amendments.     Additional Terms applicable to the COSPL.          I. Effect.          These additional terms described in these Amendments shall apply           to the db.linux code and to all Covered Code under this License.          II. "Centura's Branded Code" means Covered Code that Centura          distributes and/or permits others to distribute under one or more          trademark(s) which are controlled by Centura but which are not          licensed for use under this License.          III. Trademarks and logo.          This License does not grant any rights to use the trademarks          "Centura", "Gupta", "Raima", the Centura logo, the Gupta logo, or           the Raima logo, even if such marks are included in the Original Code          or Modifications.          IV. Use of Modifications and Covered Code by Initial Developer.               IV.1. In General.               The obligations of Section 3 apply to Centura, except to               the extent specified in this Amendment, Section IV.2 and IV.3.               IV.2. Other Products.               Centura may include Covered Code in products other than the               Centura's Branded Code which are released by Centura               during the two (2) years following the release date of the               Original Code, without such additional products becoming               subject to the terms of this License, and may license such               additional products on different terms from those contained               in this License.               IV.3. Alternative Licensing.               Centura may license the Source Code of Centura's Branded               Code, including Modifications incorporated therein, without               such Centura Branded Code becoming subject to the terms of               this License, and may license such Centura Branded Code on               different terms from those contained in this License.          V. Litigation.          Notwithstanding the limitations of Section 11 above, the          provisions regarding litigation in Section 11(a), (b) and (c) of          the License shall apply to all disputes relating to this License.                                     LEGAL                        ITTIA db.* V.2 LICENCE AGREEMENT                                ---------------IMPORTANT NOTICE.  This is a legal agreement between you (the "DevelopmentEntity" as defined below) and ITTIA.  By installing, copying, or otherwiseusing db.* version two (2) (the "Product") , you agree to be bound by theterms of this Agreement.  If you do not agree to the terms of this Agreement,do not install, copy, or use the Product.  1.  Subject Matter of the License.  This Agreement sets forth the terms andconditions upon which the Development Entity may use, modify and/or distributethe Product.2.  License to Develop Programs.  ITTIA grants you a perpetual, non-exclusive,nonassignable, nontransferable right to use the Product to develop computerprograms in compiled, linked, executable form (your "Application Programs").Except as provided herein, only Standard and Premium Members are authorized todevelop and distribute applications for commercial purposes with Club ITTIAProducts and Services.3.  Ownership and Copyright.  The Modifications made to the Products are ownedby ITTIA or its suppliers and are protected by national copyright laws andinternational treaty provisions.  The Products contain proprietaryinformation.  Therefore you must protect the Products like any othercopyrighted material and keep the source code in strict confidence, ensuringthat anyone with access to the Products refrains from unauthorizedreproduction, use or disclosure.4.  License to Modify Source.  You may modify and compile the Product sourcecode, if supplied, provided you do not delete copyright notices.  All modifiedversions are part of the licensed Product, subject to this Agreement and theproperty of ITTIA.  Copies of all modifications of, partial replacements of,and extensions to, Product source code must be delivered to ITTIA upon writtenrequest.  ITTIA does not support original or modified source code fromnon-Club ITTIA members whom have not paid membership fees.5.  Indemnification.  You agree to indemnify, hold harmless, and defend ITTIAfrom and against any claims or lawsuits, including attorneys' fees, that ariseor result from the use or distribution of Products distributed under thislicense, including any claim that your Application Programs infringe anyrights of any third parties.6.  Limited Warranty.  ITTIA warrants that the Products have been accuratelyrecorded on the media and that the media contains no defects.  Any media whichdoes not meet this warranty may be returned, within 30 days from the date ofshipment, to the place where you obtained it and ITTIA or its reseller willrepair or replace it without charge.  ITTIA disclaims all other warranties,either express or implied, including but not limited to implied warranties ofmerchantability and fitness for a particular purpose, and all other remediesfor breach of the above warranty.  You assume all risks with respect to theaccuracy, adequacy, quality, reliability, and performance of the Products.All implied warranties which may not be disclaimed are limited to 30 days.Some jurisdictions do not allow limitations on duration of implied warranties,so the above limitation may not apply to you.  This limited warranty gives youspecific legal rights.  You may have other rights, different from the warrantygiven by ITTIA.7.  No Liability for Consequential Damages.  In no event shall ITTIA, itsresellers, or suppliers be liable for any consequential damages whatever(including, without limitation, damages for loss of business profits, businessinterruption, loss of business information, or other pecuniary loss) arisingout of the use of or inability to use the Products, whether in an action basedon contract or tort, including negligence or strict liability, even if ITTIAhas been advised of the possibility of such damages.  Raima's total liabilityunder this agreement is limited in the aggregate to amounts paid to Raima forthis software and license.8.  U.S. Government Restricted Rights.  ITTIA software and documentation areprovided with restricted rights.  Use, duplication, or disclosure by theGovernment is subject to restrictions as set forth in FAR 52.227-14(g)(3) andsubparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Softwareclause at DFARS 252.227-7013.  Contractor/manufacturer is ITTIA.WWW.ITTIA.COM.9.  Severability.  Whenever possible, each provision of this agreement shallbe interpreted in such a manner as to be valid and effective under applicablelaw.  If any provision is invalid, the remaining provisions remainenforceable.10. Disputes.  The laws of the State of Washington, U.S.A., without regard toits conflicts of law rules, control this agreement, and the United NationsConvention on the International Sale of Goods does not apply.  It isenforceable by Raima or its distributors and dealers.  Disputes will befinally resolved in arbitration, before one arbitrator, pursuant to UNCITRALRules of Arbitration and conducted in Seattle, Washington, U.S.A.  Theprevailing party in any action related to an alleged infringement of ITTIAproprietary rights is entitled to recover its costs and expenses, includingreasonable attorneys' fees.  The Development Entity consents to personaljurisdiction in the federal and state courts in the State of Washington,U.S.A.  Judgment upon the arbitral award may be entered in any court havingjurisdiction thereof.  These provisions shall survive the termination of thisagreement, regardless of the cause of such termination.

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