This License Statement and Limited Warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and CHS Engineering for the software product ("Software") identified above, including any software, media, and accompanying on-line or printed documentation.

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE

AGREEMENT.

If you are the original purchaser of the Software and you do not agree with the terms and conditions of the License Agreement promptly return the unused Software to the place from which you obtained it for a full refund. Upon your acceptance of the terms and conditions of the License Agreement, CHS Engineering grants you the right to use the Software in the manner provided below.

This Software is owned by CHS Engineering and is protected by copyright law and international copyright treaty. Therefore you must treat this Software like any other copyrighted material, (e.g. a book), except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. Except as provided in this License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation. You acknowledge that the Software in source code form remains a confidential trade secret of CHS Engineering or its suppliers and therefore you agree not to modify the Software or attempt to decipher, de-compile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction.

If you purchased this Software as an upgrade, it constitutes a single product together with the product that you upgraded, and may not be used to increase the total number of licensed copies of the Software. You may use the upgraded product only in accordance with this License Agreement and you may not transfer this Software or the product you upgraded unless they are transferred together as a single product.

LIMITED WARRANTY AND LIMITATION OF LIABILITY

CHS Engineering warrants that the Software, as updated and when properly used, will perform substantially in accordance with its accompanying documentation, and the Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. Some states or jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. CHS Engineergin's and its suppliers' entire liability and your exclusive remedy shall be, at CHS Engineering's option, either (a) return of the price paid, or (b) repair or replacement of the Software that does not meet the Limited Warranty and which is returned to CHS Engineering with a copy of your receipt.

DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED CHS ENGINEERING AND OBTAINED A RETURN AUTHORIZATION.

This Limited Warranty is void if Software fails as a result of accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHS ENGINEERING AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, WITH REGARD TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHS ENGINEERING OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS CHS ENGINEERING PRODUCT EVEN IF CHS ENGINEERING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, CHS ENGINEERING'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.

Notwithstanding the above, if you have entered into a support agreement with CHS Engineering, CHS Engineering's entire liability regarding support services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitations may not apply to you.

HIGH RISK ACTIVITIES

The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). CHS Engineering and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

GENERAL PROVISIONS

This License Agreement may only be modified in writing signed by you and an authorized officer of InterBase. If any provision of this License Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect. This License Agreement shall be construed, interpreted and governed by the laws of the State of California, U.S.A. This License Agreement gives you specific legal rights; you may have others which vary from state to state and from country to country. CHS Engineering reserves all rights not specifically granted in this License Agreement.