PSION PLC BUSINESS/INSTITUTION/GOVERNMENT/HOME USER LICENCE for Psion Database Server (DBS) --------------------------------------------------------------------- LICENCE NOTICE TO THE USER ("licensee"): CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. THE LICENSEE'S USE OF THIS SOFTWARE IS CONDITIONAL UPON COMPLIANCE BY THE LICENSEE WITH THE TERMS OF THIS AGREEMENT. i). Psion Database Server (DBS) may be used on a royalty free basis provided that the following two points are met: a). The following text "Database Server (DBS) Copyright (c) Psion PLC 1995" must be made visible to the user at some point in any appliaction that uses DBS - typically in an "About" screen or startup screen. The text must also be displayed at some point during the install process if there is one. The text must also be included in any manual for the application (both electronic and hard copy). b). When installing DBS on a machine the install program should check that DBS Server is not already installed on the machine. If a DBS Server is already installed (either in ROM or elsewhere) the install script should only replace the installed DBS server if the version being installed is more recent than the version being replaced. In other words applications using DBS should take all reasonable steps to make sure that installing DBS will not adversely affect other applications already installed that also use the DBS server. ii). You may copy and distribute copies of DBS in the same form as you receive it, without any files being removed, altered or added. You may not copy it in any other form. --------------------------------------------------------------------- COPYRIGHT DBS is protected by United Kingdom copyright laws and international treaty provisions. The licensee acknowledges that no title to the intellectual property in DBS is transferred to the licensee. The licensee further acknowledges that full ownership rights to DBS will remain the exclusive property of Psion PLC, and that the licensee will not acquire any rights to DBS except as expressly set forth in this licence. The licensee agrees that any copies of DBS made by the licensee will contain the same proprietary notices which appear on and in the original release of DBS. NO WARRANTY BECAUSE PSION DBS IS LICENSED FREE OF CHARGE, WE PROVIDE ABSOLUTELY NO WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHERE OTHERWISE STATED IN WRITING, PSION PLC PROVIDE DBS "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE DBS PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL PSION PLC BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOST PROFITS, LOST MONIES, OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH PROGRAMS NOT DISTRIBUTED BY PSION PLC), EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.