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"CLICK-WRAP" OR "CLICK-TO-PROCEED" END-USER AGREEMENT

END-USER LICENSE AGREEMENT FOR SQLBASE
IMPORTANT – READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either
an individual or a single entity) and Unify Corporations (“UNIFY”) for the UNIFY software product(s) you are installing, which
include(s) the software and any included “online” or electronic documentation, associated media, and printed materials
("Product"). An amendment or addendum to this EULA may accompany the Product. BY CLICKING THE “I ACCEPT ALL
TERMS OF THE LICENSE AGREEMENT” ICON BELOW OR BY INSTALLING, COPYING, OR OTHERWISE USING THE
PRODUCT or any Update(s) of the Product (as defined below), YOU AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION
PROVISIONS BELOW. IF YOU DO NOT AGREE WITH ALL OF THIS EULA, CLICK THE "I DO NOT ACCEPT THE TERMS
OF THIS LICENSE AGREEMENT" BUTTON TO TERMINATE THIS PROCESS, DO NOT INSTALL THE SOFTWARE AND
PROMPTLY RETURN THE UNUSED PRODUCT TO THE PARTY (EITHER UNIFY OR IT’S SUPPLIER) FROM WHOM IT
WAS ACQUIRED TO RECEIVE A REFUND OF THE AMOUNT YOU PAID.

LICENSE AGREEMENT
If you are a new customer and you have signed an EULA, then the terms of the signed license agreement shall take
precedence over this EULA. If you are a new customer and you have not signed a license agreement, then this EULA shall
govern your use of the Product for the number of licenses you have properly paid for and registered as specified on your
Purchase Order or other written authorization from UNIFY (or its supplier).

LICENSE TERMS
1. GRANT OF LICENSE. Following your acceptance of this EULA, and provided you comply with its terms and conditions,
UNIFY grants you a nonexclusive, nontransferable license to use the Product. “Server Components" (which are specifically
noted as such by UNIFY on the CD labels or other enclosed materials) may be used on a single computer only (on which only
one instance of SQLBase is allowed to run at any one time) which may be accessed by a network of computers, excluding
Internet environments, for internal use by you. SQLBase client runtime use is limited to the number of Product licenses
purchased by you for use by the number of client connections specified on the Label.” As defined herein, a “Seat” is a copy of
the Product, or any component thereof, installed on a single client-side machine. A “Server” is the server component that
resides on a single Server machine and has the capability to accept connections from one or more Seats residing on client
machines. Use includes the right to install and execute the Product as provided for in the Product user documentation. Each
such license is granted in consideration for your payment of the license fees set forth on the Purchase Order (or other
purchase document accepted by UNIFY or its supplier) and for the other commitments set forth in this EULA. If you acquire
this Product as an update or other component of the Product that you receive separately as part of the Product (“Update”),
your authorization to use the previous versions of the Product is terminated. You will ensure that anyone who uses the Product
does so only in compliance with the terms of this EULA. Certain other terms regarding the use of specific Products are set
forth under subsections (a), (b), (c), and (d) below.
(a) Developer’s Edition. If the Product is designated on the Label as “Developer’s Edition," your use of the Product is restricted
to support the development of your internal application(s) (“Application(s)”). You may not use the “Developers Edition” Product
for production, sale, or distribution without a specific agreement with UNIFY to do so. Contact info@unify.com for further
information. You may make a reasonable number of copies of the Product solely for backup, archival or disaster recovery
purposes. You may not otherwise use or copy, nor permit the use or copying of, the Product.
(b) SQLBase Open-Server. If the Product is designated on the Label as “SQLBase Open-Server," you may install the Product
and use only one instance of the Product on a single computer at any one time in an Internet environment (where unlimited
clients can access the Product through a Web browser) or Client/Server environment. The SQLBase for Open-Server Product

or evaluation. nor permit the use or copying of. notify UNIFY or its supplier and pay any applicable fees no later than net thirty (30) days of UNIFY’s invoice date. INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE. (iv) take any action that causes the Software to be placed in the public domain. NO TECHNICAL SUPPORT or MAINTENANCE. UNIFY is not obligated to provide technical support. or designated as "Test Drive" ("Test Drive Product"). OR STATUTORY. You understand that the Test Drive Product will be automatically disabled at the conclusion of the Evaluation Period. nor permit any other party to derive or attempt to derive the source code of the Software by any means. All prices for any Product will be F. rent. copied. At the end of the Evaluation Period you must delete the software from all computers and storage media and destroy the Evaluation Product. Unify may charge a daily interest at the rate of 1. transferred.5% per month and suspend delivery of Product and related Services until the past due payment is made. phone support. LICENSE TRANSFER. (d) Unauthorized Use. You agree not to (i) modify.O. UNIFY does not give refunds or credits for fees already due or paid. or used for production. If the Product is designated on the Label as ”Not For Resale” or “NFR” (“NFR Product”).may not be downloaded. you will furnish Unify with a valid tax exemption certificate. distribute or sublicense copies of the Software to others (unless a separate OEM. PAYMENT and SHIPMENT. You may install the Evaluation Product on one (1) personal computer so that you and others in your organization can evaluate it for up to forty-five (45) days after shipment or download (“Evaluation Period”). If you wish to increase the extent of use or number of licenses or sites.B. The Product and Service fees do not include any amount for taxes and you shall reimburse Unify for any taxes or charges paid by Unify on your behalf (exclusive of taxes on Unify’s net income). the Product. (ii) EVALUATION PRODUCT MAY NOT BE TRANSFERRED OR COPIED. You may not transfer the Product to any third party without the written authorization of Unify. If exempt from taxation. (vii) market. TAXES. . (both of which are deemed "Evaluation Product"). Fees for licensed rights and authorization to use the Products are based on extent of the actual use authorized. sale. copied. EITHER EXPRESS. archival or disaster recovery purposes. Partner or Reseller Agreement is effective). AND IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. or create derivative works based on. On overdue balances. or distribution. in its reasonable discretion. that your creditworthiness does not support “Net 30” terms. port. derive source code. All amounts due hereunder shall be paid thirty (30) days from date of Unify’s invoice. transfer or assign the Software to others or grant others the right to use it. or directly from UNIFY. rental or service bureau purposes (unless authorized in your License Agreement with Unify). 4. transferred. (v) use the Software to develop an application having the same primary function as the Software. point of origin and you will reimburse UNIFY for any shipping expenses incurred under this EULA. Technical support and maintenance contracts may be purchased separately from an authorized UNIFY supplier. You may not otherwise use or copy. test. (i) “Not For Resale” and "Test Drive" Product Evaluation Licenses. disassemble. (c) Evaluation Licenses. MERCHANTABILITY. AND FITNESS FOR A PARTICULAR PURPOSE. commercial time-sharing. de-compile. (iii) remove. lease. reverse engineer. LICENSE and SERVICE FEES. Subsequent orders for any available additional Product shall be at Unify's then current list price(s). 2. If Unify determines. Updates or upgrades to you for the Product licensed under this EULA. You may make a reasonable number of copies of the Product solely for backup. distributed or used for any purpose other than demonstration. or allow to be removed. or (viii) use the Software for third-party training. IMPLIED. 3. (vi) sell. translate. any Unify or its Licensors copyright or other proprietary rights notice from any Software. other than as provided by European Union Law. NON-INFRINGEMENT. UNIFY DISCLAIMS ALL WARRANTIES REGARDING EVALUATION PRODUCT. (ii) copy the Software except as stated above. you shall prepay all fees. it may not be resold.

UNIFY shall have no liability under this provision or otherwise to the extent a claim or suit is based upon (a) use of the Product in combination with software or hardware not specified by UNIFY if infringement would have been avoided in the absence of such combination. The following provisions will survive any termination of this EULA: 1(d). Termination of this EULA will not entitle you to any refund or discharge you of payment obligations accrued as of the date of termination. to either (a) the repair or replacement of the defective Product. and merged portions in any form and furnish an affidavit of destruction to UNIFY. NO ACTION. 9. together with all copies. Your sole and exclusive remedy for a breach of the foregoing warranty shall be limited. TITLE. if infringement would have been avoided by use of a current release. security and data-control procedures set forth in the user documentation. perform an audit to determine such compliance. In the event of a refund hereunder. less reasonable amortization. 10 through 18. and (c) you give all information and assistance requested by UNIFY or such designee. FITNESS FOR A PARTICULAR PURPOSE. 6. TERMINATION. even if such obligation is payable after the termination date. you must destroy the Product. copyright. UNIFY warrants to you that each Product will operate substantially in accordance with the associated user documentation for a period of sixty (60) days from the date of shipment of such Product by UNIFY or its supplier (the “Warranty Period”) provided you observe the operating. INFRINGEMENT INDEMNITY BY UNIFY. UNIFY may. at UNIFY’s option. If the number of copies or users is found to be greater than that authorized by UNIFY. BUSINESS INTERRUPTION OR LOST PROFITS) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION OF LIABILITY. EXCEPT WITH RESPECT TO UNIFY’S INFRINGEMENT OBLIGATIONS. 2 through 8. SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING. Such remedy shall be available only if UNIFY is notified in writing within the Warranty Period. (ii) replace the Product with other suitable products. UNIFY shall indemnify. modifications. STRICT LIABILITY. In the event of termination. To the extent that use of a Product is enjoined. your license to use the Product shall terminate and you shall be required to un-install the software and return the Product to UNIFY. and any other provision whose continuance is necessary to achieve its essential purpose. or (b) a refund of the license fee paid for such Product. (b) UNIFY or its designee has sole control of such defense and/or settlement. upon reasonable notice. AND NON-INFRINGEMENT. REGARDLESS OF FORM. WHETHER FOR BREACH OF CONTRACT OR WARRANTY. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. WITHOUT LIMITATION. These charges shall be in addition to all other remedies available to UNIFY. UNIFY’S TOTAL LIABILITY TO LICENSEE OR ANY THIRD PARTY FOR A CLAIM OF ANY KIND RELATED TO THIS AGREEMENT. EXPRESS. LIMITED WARRANTY. UNIFY may at its option either (i) procure for you the right to use the Product. any claim or suit against you based on a claim that a Product infringes any United States patent. if infringement would have been avoided by the absence of such modifications. THE FOREGOING WARRANTY DOES NOT APPLY TO EVALUATION PRODUCTS. UNIFY may charge you the applicable list prices therefore. NEGLIGENCE OR OTHERWISE. or (c) your use of any version other than a current release of the Product. 8. In addition to any specific right or remedy provided for in this EULA. In addition. UNIFY'S RESERVATION OF RIGHTS AND REMEDIES. or (iii) refund the license fee paid by you for the Product or the affected part thereof. SHALL NOT EXCEED THE AMOUNT OF LICENSE FEES PAID TO UNIFY FOR THE SOFTWARE INVOLVED IN THIS CLAIM. ARISING OUT OF THE TRANSACTIONS UNDER . UNIFY reserves all other rights and remedies available at law or equity.5. UNIFY may from time to time request that you certify in writing that your use of the Products is in compliance with this Agreement. or at its option settle. provided (a) UNIFY is promptly notified in writing of such claim or suit. trademark or trade secret and UNIFY shall pay any final judgment entered against you in any such proceeding. IN NO EVENT WILL UNIFY OR ITS LICENSORS BE LIABLE FOR INDIRECT. IMPLIED OR STATUTORY. Without prejudice to any other rights. together with the cost of performing such audit. (b) modifications to the Product not made by UNIFY. INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY. defend. 7. CERTIFICATION. 10. UNIFY may terminate this EULA if you fail to comply with the terms and conditions of this EULA.

For US Government users. If you acquired this Product in North America or Latin America. CONTROLLING LAW AND SEVERABILITY. re-export. not sold.S. and agree that the prevailing party shall be entitled to its reasonable attorney fees and costs. 15. use. UNIFY and its Licensor(s) own the title. are subject to export controls under the laws and regulations of the United States. such provision shall be modified so as to make it valid and enforceable. or any direct product thereof to any destination.gov. at http://www. You agree to hold the Products. or denied your export privileges. void or invalid. N. USA (as permitted by Section 1646. this . For additional information.212. If such designation is not made within fifteen (15) days of the appointment of the first two (2) arbitrators. 15 C. You are granted the limited rights specified in this EULA only with respect to the object code version of the Product. In the event of any dispute involving this EULA. The two jointly appointed arbitrators shall jointly designate the third arbitrator. INTERNATIONAL ARBITRATION. in particular without limitation the encryption technology contained in certain Products. and all technical data pertaining to those Products.THIS AGREEMENT MAY BE BROUGHT BY LICENSEE MORE THAN ONE YEAR AFTER THE EVENTS WHICH GAVE RISE TO THE CAUSE OF ACTION OCCURRED. except to those of your employees who must have access to the Products to use the Products in accordance with the terms of this EULA. U. You warrant and represent that neither the BIS nor any other U. the Secretary General of the International Court of Arbitration of the International Chamber of Commerce shall designate the third arbitrator. see the U.Y. and answers to questions about them. You may not disclose the results of performance/benchmark tests run on the Product without the prior written consent of UNIFY. and technical data pertaining to such Products. 11. end-use or end-user that is prohibited or restricted under such United States export control laws and regulations. UNIFY and you each consent to exclusive jurisdiction and venue in either the State or federal courts in the State of California. transfer or divert any of the Products. NONDISCLOSURE.doc.S. Your obligations under this Section 13 shall survive the expiration or termination of this EULA. The proceedings shall be conducted in the English language in New York. the entire EULA shall remain in full force and effect. and your licenses hereunder. OWNERSHIP OF THE SOFTWARE PRODUCT. 13.. copyright.bis.F. Export Administration Regulations. all techniques. You hereby acknowledge that the Products. You shall not export. duplication or disclosure of the Products is governed by. origin. 12. No decision. action or inaction by UNIFY shall be construed to be a waiver of any rights or remedies available to it.S. except as specifically authorized by the United States Department of Commerce. all Products are provided with RESTRICTED RIGHTS. then the local law may apply. and as so modified. If you are located outside of the United States. EXPORT RESTRICTIONS. Each of the “Claimants” and “Respondents” (as such terms are defined in the Rules of Conciliation and Arbitration of the International Chamber of Commerce) shall designate one (1) arbitrator at the time such Claimant(s) serve(s) its or their (as the case may be) arbitration demand and the Respondents shall name one arbitrator within fifteen (15) days of notice of the identity of the arbitrator appointed by the Claimants. The Product is protected by copyright and other intellectual property laws and treaties. U. As provided in FAR §12. this EULA will be enforceable in arbitral proceedings under the Rules of Conciliation and Arbitration of the International Chamber of Commerce. this EULA will be governed by the laws of the State of California.R. 16. If you acquired this Product outside North America and Latin America. Parts 730-774. In the event any provision of this EULA shall be deemed unenforceable. revoked. You acknowledge that the Product is of U. concepts and methods relating thereto and all information identified by UNIFY as proprietary or confidential in confidence and not to disclose it to any third party.S.A. federal agency has suspended. The application to this EULA of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. and other intellectual property rights in the Product. The Product is licensed. GOVERNMENT RESTRICTED RIGHTS.S. unless UNIFY makes the Product available to you in source code form under a separate written license. This EULA constitutes the entire agreement between you and UNIFY with reference to this transaction. including the Export Administration Regulations. and subject to. except for that body dealing with conflicts of law.5 of the California Civil Code or any similar successor provision). and the number of arbitrators shall be three (3). 14.

Copyright © 2007 Unify Corporation. then such party expressly agrees not to enforce such right of translation. . overrides this EULA. and to the extent that such right cannot be waived by applicable law. are the entire agreement between you and UNIFY relating to the Product and they supersede all prior or contemporaneous oral or written communications. 2101 Arena Blvd. FAR §12.227. 17. USA. It is expressly agreed that the terms of this EULA supersede any Purchase Order or other ordering document. proposals and representations with respect to the Product or any other subject matter covered by this EULA. DFARS 252. use.19(c). USA. then the terms of such SLA or similar agreement will govern the relationship set forth herein in the event of a conflict. This EULA. 2101 Arena Blvd. The original of this EULA has been written in English. If. as applicable. by its terms. Sacramento. Sacramento. CA 95834. The terms of this EULA may not be amended or modified except in a writing executed by an authorized representative of each party. In the event that any provision of this EULA is held to be invalid or is waived. provided that if you and UNIFY have executed a written Software License Agreement ("SLA") or similar agreement regarding the subject matter hereof and such SLA or similar agreement. including any addendum or amendment to this EULA included with the Product. for any reason. Suite 100. ENTIRE AGREEMENT. or the Rights in Computer Software clause.EULA. The parties waive any right or claim to have this EULA translated into any other language. Manufacturer for such purpose is Unify Corporation. FAR §52. duplication and disclosure of the Products is subject to the Commercial Computer Software Restricted Rights clause. all other provisions of this EULA will be deemed severable and enforced. Suite 100. All rights reserved. CA 95834.227-7202-3.212 is not applicable.