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PRODUCT SPECIFIC LICENSE TERMS Sybase®SQL Anywhere®Educational Edition IN ADDITION TO THE LICENSE TERMS SET OUT IN THE SYBASE SOFTWARE LICENSE AGREEMENT, THE FOLLOWING ADDITIONAL RIGHTS AND LIMITATIONS SHALL APPLY TO THE PROGRAMS DESIGNATED BELOW. NOTE: ALTHOUGH SQL ANYWHERE EDUCATIONAL EDITION MAY BE AVAILABLE AT NO CHARGE, THE PROGRAM IS NOT TRANSFERABLE, EXCEPT AS PERMITTED BELOW. THEREFORE, YOU AGREE NOT TO DISTRIBUTE, SUBLICENSE, OR OTHERWISE TRANSFER THE PROGRAM TO (OR ALLOW THE USE OF THE PROGRAM BY) ANY THIRD PARTY EXCEPT AS PERMITTED BELOW, “RIGHT TO COPY AND DISTRIBUTE FOR THE PERMITTED PURPOSES”. The Program contains or is provided with component software products from both Sybase and third parties. Except as otherwise specifically authorized below, use of all components is limited to use in the same manner and capacity for which the Program as a whole is licensed. Additional functionality may be included in this Program, however, you are only authorized to use the specific functionality made available to you upon installation of the Program or by use of any license keys provided to you by Sybase and not any other functionality accessed by overriding the license management mechanism within the Program. Additional licenses may be available from Sybase for a fee. 1. Definitions. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Sybase Software License Agreement. "Program" as used herein, means and refers to Sybase SQL Anywhere Educational Edition and all its components. This version of SQL Anywhere Educational Edition includes the following Sybase components: * SQL Anywhere Server (Network Server version) * SQL Anywhere Client Software * SQL Anywhere Personal Server with Synchronization * SQL Anywhere UltraLite edition with Synchronization * SQL Anywhere UltraLiteJ edition with Synchronization * SQL Anywhere QAnywhere with Synchronization * MobiLink Synchronization Server SQL Anywhere Client Software: The SQL Anywhere Client Software includes the SQL Anywhere database interface files, Interactive SQL, Sybase Central, the SQL Anywhere Console Utility, and the SQL Anywhere database utilities as described in the SQL Anywhere documentation. The listed products may not all be available on all operating systems; for example, UltraLite is not available on UNIX. Please check product documentation for complete product availability. Further, although the Program media may include versions of SQL Anywhere Server, SQL Anywhere Personal Server and client components for several different operating systems, each licensed copy of SQL Anywhere Server, SQL Anywhere Personal Server and client components may only be installed on one (1) operating system. PSLT SQL Anywhere Educational Edition 020209 2. Unbundling. As noted above, Sybase SQL Anywhere Educational Edition is a suite of several component software products. Except as otherwise specifically authorized below, use of all components of this Program is limited to the same development Seat(s) (e.g., PC, single user workstation, or real time device) for which you acquired this Program license, and the components of this Program may not be unbundled and used by different or additional Seat(s). 3. Educational Use of Programs. Each copy of this SQL Anywhere Educational Edition is licensed for use only by faculty and students of a qualified Educational Institution, defined as an accredited institution that is publicly or privately funded, and meets the following criteria: ? University or college that offers education leading to nationally-recognized qualifications or levels of academic achievement, and that is accredited by a regional or national accrediting council, commission, appropriate government agency, or board of education of the state or country in which the educational institution is located; or ? Teaching hospital associated with an accredited institution; or ? Research institution or consortia comprised of accredited institutions. The Program may be used, in accordance with the Software license agreement included with the Program, any applicable PSLT, and these License Terms applicable to the Sybase SQL Anywhere Educational Edition (collectively, the “Software License Terms”), for the following purposes only (“Permitted Purposes”): ? Instructional use – for example, teaching a course on databases and using SQL Anywhere to teach concepts, prepare and present lessons/exercises, etc.; ? Other academic use – for example, used as the data store to track data required as part of course material, as when collecting data in any type of course for analysis; ? Research into databases/programming, or use in conjunction with research in other academic disciplines. Right to Copy and Distribute for the Permitted Purposes: A faculty or staff member of a qualified Educational Institution may copy and distribute the Program to other qualified Users (faculty or students) for non-commercial use in accordance with the Software License Terms for the Permitted Purposes. 4. Diagnostic Tracing. When using the Application Profiling feature in SQL Anywhere, you have the option of storing tracing data within the database being profiled or in a separate tracing database stored on a separate Machine. You may install the SQL Anywhere Server components on a separate Machine solely for use with the tracing database used in conjunction with the Application Profiling feature. No other components may be installed on the separate Machine, and the SQL Anywhere Server may not be used to process other applications, without obtaining an additional license. 5. High Availability Option. The SQL Anywhere Educational Edition includes the High Availability Option for SQL Anywhere. If using this option, you may install i) an additional SQL Anywhere Server on a secondary Machine for Use in the event of a failure of the primary server, and ii) an additional SQL Anywhere Server on another Machine to act as the arbiter server. Connections to the secondary server are limited to read only connections. The secondary server and the arbiter server may not be used for any other purposes while the primary server is available for use, without an applicable database server license. 6. UltraLite Deployment: You may deploy an unlimited number of applications incorporating the UltraLite database provided each such application or copy thereof is for non-commercial use for the Permitted Purposes. 7. MobiLink Synchronization Server: You may reproduce and use copies of the MobiLink Synchronization Server to synchronize between either (1) SQL Anywhere or (2) UltraLite or UltraLiteJ databases and other applications or database management systems for non-commercial use for the Permitted Purposes. 8. MobiLink Server Farm: A MobiLink Server Farm is an environment where there is more than one MobiLink server synchronizing the same set of SQL Anywhere, UltraLite, or UltraLiteJ remote databases PSLT SQL Anywhere Educational Edition 020209 with one application or database management system. A MobiLink Server Farm deployment requires MobiLink to run in shared state mode and is only permitted for non-commercial use for the Permitted Purposes. 9. Relay Server. The Relay Server included in the SQL Anywhere Educational Edition is for noncommercial use for the Permitted Purposes with the MobiLink Synchronization Server only. 10. SQL Anywhere Monitor. The SQL Anywhere Educational Edition includes a version of the SQL Anywhere Monitor for non-commercial use for the Permitted Purposes. 11. SQL Anywhere Platforms; Operation of User Tools. For certain computing platforms, such as Unix, only certain core components of SQL Anywhere are available. For each copy of SQL Anywhere Educational Edition licensed on a platform(s) where certain user tools are not available, you are licensed to run such user tools (e.g., Sybase Central) on one Intel (or compatible) Machine running Windows. 12. Security Option. RSA Encryption is included in the SQL Anywhere Educational Edition. Software for Strong Encryption using ECC or FIPS-certified technology, which may be included with the Program, may not be installed or used without the purchase of a separate license. If the needed license has been purchased, the Strong Encryption may only be used in conjunction with Sybase SQL Anywhere. You are advised that these Encryption Programs and related Documentation are cryptographic in nature and therefore are highly regulated. Obtaining any necessary export or import approval for any of your applications or the Security Options or Documentation is your responsibility. 13. Sample Code. Sample Code is provided AS IS, without warranty or liability of any kind. You may use, reproduce, modify and distribute the Sample Code that is provided without limitation, on the condition that you retain the copyright notice and disclaimer as to the original iAnywhere code. 14. Support. This Agreement does not entitle you to any maintenance or other services or any updates or new versions of the Program. Maintenance and support may be obtained for a fee. 15. Term. This license is effective until terminated. You may terminate it at any time by destroying the Program(s) and Documentation. This license will also terminate if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to destroy the Program(s) and Documentation. All disclaimers of warranties and limitations of liability contained in the License Agreement accompanying the Program are applicable to the Program and its components and shall survive any termination of this Agreement. 16. Free Download Components. The Program may include certain third party open source and other free download components (“Free Download Components”). You may have additional rights in the Free Download Components that are provided by the third party licensors of those components. The Free Download Components and any such third party licenses and third party-required notices for the Program are identified at http://www.sybase.com/thirdpartylegal. Any obligations undertaken by iAnywhere in the Agreement relating to the Free Download Components as part of the Program are provided by iAnywhere alone, and not by the third party licensors of the Free Download Components. A. FURTHER DISCLAIMER OF WARRANTIES AND LIABILITIES. The Free Download Components are provided “AS IS” by the third party licensors, who disclaim all liabilities, damages (even if they have been advised of the possibility of such damages), warranties, indemnities and other obligations of any kind, express or implied, with regard to the Free Download Components. Nothing in the foregoing affects any performance warranty provided by iAnywhere with regard to the Program as a whole. B. DISCLAIMER OF INDEMNITIES. The Free Download Components are excluded from any indemnity provided by iAnywhere or its subsidiaries in the Agreement PSLT SQL Anywhere Educational Edition 020209