Sybase, Inc. Software Download License Agreement jConnect 4.5/5.5 

License Agreement for jConnect	 	
	 
NOTICE TO USER:	BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THEM CAREFULLY.

THIS SOFTWARE DOWNLOAD LICENSE AGREEMENT (THE "AGREEMENT") ACCOMPANIES THE JCONNECT PROGRAM AND RELATED EXPLANATORY MATERIALS (THE "PROGRAMS"). THE TERM "PROGRAMS" ALSO SHALL INCLUDE ANY MODIFIED VERSIONS OR UPDATES OF THE SOFTWARE PROVIDED TO YOU BY SYBASE. AT THE END YOU WILL BE ASKED TO ACCEPT THIS AGREEMENT AND CONTINUE TO INSTALL THE PROGRAMS. IF YOU DO NOT ACCEPT THIS AGREEMENT YOU MAY NOT DOWNLOAD THE PROGRAMS.

UPON YOUR ACCEPTANCE OF THIS AGREEMENT, SYBASE GRANTS YOU A LIMITED, NON-EXCLUSIVE LICENSE TO USE THE PROGRAMS AS FOLLOWS:

1. USE OF PROGRAMS. You may reproduce, install and use the Programs (and accompanying documentation) solely for your internal business purposes. You may transfer a copy of the Programs to a third party provided that you the third party agrees to be bound by all of the terms and restrictions of this Agreement and provided that you do not charge a fee to the third party. The Programs may not otherwise be transferred, sold, assigned, sublicensed or otherwise conveyed (whether by operation of law or otherwise) to any other parties without SybaseÕs prior written consent.

2.	COPY RESTRICTIONS AND OTHER RESTRICTIONS. Except as specifically permitted in the documentation, you may not modify or adapt the Programs in whole or in part (including but not limited to translating or creating derivative works) or reverse engineer, decompile or disassemble the Programs (except to the extent applicable laws specifically prohibit such restriction). You may not use the Programs for timesharing, rental or service bureau purposes. You shall not remove any copyright notices or other proprietary notices from the Programs or Documentation and you must reproduce such notices on all copies or extracts of the Programs and Documentation. Results of benchmark or other performance tests run on the Programs may not be disclosed to any third party without Sybase's prior written consent.

3.	COPYRIGHT AND OWNERSHIP. The Programs are owned by Sybase, its subsidiaries or their suppliers and are protected by copyright laws and international treaty provisions. You acquire only the non-exclusive right to use the Programs as permitted herein and do not acquire any rights of ownership in the Programs.

4.	SUPPORT. These download Programs are provided on an "as is" basis and are unsupported. This Agreement does not entitle you to any maintenance or other services or any updates or new versions of the Programs.


U.S. GOVERNMENT RESTRICTED RIGHTS. The Programs are restricted commercial computer software. If this license is acquired under a U.S. Government contract, Use, duplication or disclosure by the U.S. Government is subject to restrictions set forth in this Agreement or in a written license agreement which incorporates applicable FAR provisions, for example FAR subparagraphs 52.227-19. Sybase reserves all unpublished rights under the United States copyright laws.
6.	TERMINATION. This Agreement and your license to use the Programs will continue so long as you remain in compliance with the terms and conditions of this Agreement. Sybase may immediately terminate your license to use the Programs on notice to you if you breach any of your obligations hereunder. Upon termination, you shall cease using the Programs and shall destroy all copies of the Programs (and associated Documentation) in any form. All disclaimers of warranties and limitations of liability shall survive any termination of this Agreement.

7.	LIMITED WARRANTY. The Programs are provided AS IS, without any warranty whatsoever. You assume the full responsibility for the selection of the Programs to achieve your intended results and for the installation, use and results obtain from the Programs. SYBASE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

8.	LIMITATION ON LIABILITY. NEITHER SYBASE, ITS SUBSIDIARIES NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY INACCURACY OF DATA, LOSS OF PROFITS OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.	EXPORT. You agree to fully comply with all laws and regulations of the United States and other countries ("Export Laws") to assure that neither the Programs or any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical or biological weapons production.

10. GOVERNING LAW; COMPLETE AGREEMENT. This Agreement constitutes the complete agreement between the parties with respect to the Programs and is governed by the laws of the State of California (other than its conflict of law provisions).