X-DBU License Page

X-DBU LICENSE AGREEMENT

This is a legal agreement between you, the LICENSEE, and Clayton S.Jones, the LICENSOR. For the purpose of this agreement the term "software" is meant to include the X-DBU program and the
X-DBU source code, either or both. By installing this software you are agreeing to be bound by the terms and conditions of this agreement.

LICENSE AGREEMENT FOR X-DBU SOURCE CODE

The LICENSOR grants the LICENSEE a limited, non-exclusive license to use the X-DBU source code for the purpose of linking all or part of the X-DBU features into the LICENSEE's applications, royalty-free. Ownership and title to the X-DBU source code does not transfer to the LICENSEE. The LICENSEE understands and agrees that

1) The X-DBU source code contains references to Top-Down Library functions, and requires a copy of Top-Down Library in order to compile. Top-Down Library is a separate product and must be
licensed separately. It is not included with the X-DBU license.

2) The X-DBU source code may not be used to create a database utility program to be sold or marketed or otherwise distributed in any way that would compete with or affect the sales of the X-DBU program marketed by the LICENSOR. The intent of this license is that the LICENSEE is to integrate the X-DBU features into a larger program which is not marketed as a database utility, database management system, or tool kit, or any program in which the database utility is the primary feature. The X-DBU source code may be linked into a DLL file as part of the larger application, but may not be marketed or distributed in any manner separately from the application.

3) The X-DBU source code may not be distributed in any way or for any reason to other parties. If the LICENSEE writes a program for a customer with an agreement to provide source code for the program, the X-DBU source code may not be given to the customer. If the customer wishes to have the source code the customer must purchase an X-DBU source code license.

4) If the LICENSEE employs one or more programmers, the X-DBU source code license does not extend to the programmers as individuals outside the LICENSEE's workplace. The programmers may not use the X-DBU source code in any applications not belonging to the LICENSEE, but must purchase their own individual X-DBU source code licenses.

5) The X-DBU Help file documentation may be distributed with the LICENSEE's application. The Documentation text may be integrated into the LICENSEE's application in another manner provided the Clayton Jones copyright notice is included and displayed in some manner.

6) The copyright notices may not be removed from the X-DBU source code files, whether used wholly or in part.

SINGLE USER LICENSE AGREEMENT FOR X-DBU PROGRAM

The LICENSOR grants the LICENSEE a limited, non-exclusive license to use this X-DBU program on the LICENSEE's computer. Ownership and title to the X-DBU program does not transfer to the LICENSEE. The X-DBU program may be used on more than one computer, such as the LICENSEE's desktop and laptop computers, as long as it is being used only by the LICENSEE. The
LICENSEE may not share or make the software available on a network or in any other manner which would allow it to be used by anyone other than the LICENSEE. This license is for a single individual. Each person who desires to use X-DBU must purchase a licensed copy.

COMMON LICENSE AGREEMENT FOR X-DBU PROGRAM AND SOURCE CODE

COPYRIGHT AND OTHER PROPRIETARY RIGHTS - The X-DBU software and Documentation are protected by United states copyright laws and international treaty provisions. The LICENSEE may copy the software solely for backup or archival purposes. Copyright notices must be included in any copies. The LICENSEE may not copy the Documentation. The LICENSOR retains all rights, title, interest and ownership of, in, and to the X-DBU software, copies of the software, and the Documentation.

U.S. Government Information: Use, duplication, or disclosure by the U.S. Government of the computer software and documentation in this package shall be subject to the restricted rights applicable to commercial computer software as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013 (DFARS 52.227-7013). The Contractor/manufacturer is: Clayton S. Jones, PO Box 7596, West Palm Beach, FL 33405

WARRANTY DISCLAIMER THE LICENSOR WARRANTS THAT THE COMPRESSED FILE IN WHICH THE SOFTWARE IS PROVIDED, AND NOT THE SOFTWARE ITSELF, WILL BE FREE FROM DEFECTS FOR A PERIOD OF 30 DAYS FROM THE DATE YOU RECEIVED DELIVERY.

EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE LICENSOR MAKES NO OTHER
WARRANTIES OF ANY KIND, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE OR ANY USAGE. THE SOFTWARE AND THE DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR THE DOCUMENTATION WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR FREE.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LICENSOR SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS LIMITED WARRANTY.

IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION, PECUNIARY LOSS, OR OTHER INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, ARISING OUT OF THE USE, OR INABILITY TO USE THE SOFTWARE AND/OR DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. IN NO EVENT SHALL THE LICENSOR'S LIABILITY, HOWEVER FOUNDED, EXCEED THE PRICE PAID BY YOU FOR THIS LICENSE.

Some states do not allow the exclusion or the limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

This agreement shall be governed by the laws of The State of Florida and shall inure to the benefit of Clayton S. Jones and any successors, administrators, heirs, and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in Palm Beach County, Florida. The parties hereby consent to in personam jurisdiction of said courts.

If any provision of this agreement is held void or unenforceable, the remainder shall remain valid and enforceable according to its' terms.

The LICENSEE acknowledges that he/she has read this agreement, understands it, and agrees to be bound by its terms and conditions, and that this agreement supersedes all and any prior agreements, whether verbal or written or otherwise communicated.