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