CLARIS FILEMAKER SERVER SOFTWARE LICENSEIMPORTANT -- READ CAREFULLY: BY INSTALLING, COPYING, DOWNLOADING,ACCESSING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE
TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO
NOT INSTALL, ACCESS OR USE THE SOFTWARE, AND IMMEDIATELY DESTROY ANY
COPIES OF THE SOFTWARE.
IF YOU LICENSED THIS SOFTWARE UNDER A CLARIS VOLUME LICENSE AGREEMENT (FOREXAMPLE, ANNUAL VOLUME LICENSE AGREEMENT, VOLUME LICENSE AGREEMENT,ANNUAL SITE LICENSE AGREEMENT, OR SITE LICENSE AGREEMENT), THEN THE TERMS
OF SUCH AGREEMENT WILL SUPERSEDE THESE TERMS, AND THESE TERMS DO NOTCONSTITUTE THE GRANTING OF AN ADDITIONAL LICENSE TO THE SOFTWARE.
The Claris FileMaker Server (“FileMaker Server”) software identified herein and documentationaccompanying this License (“Software”) are licensed, not sold, to you by Claris International Inc. and/orClaris International (collectively referred to as “Claris”) for use only under the terms of this License, andClaris reserves any rights not expressly granted to you. The rights granted are limited to Claris’s and its
licensors’ intellectual property rights in the Software, only as detailed herein, and do not include any otherpatents, intellectual property or other rights. You own the media on which the Software is recorded or
fixed, but Claris and its licensors retain ownership of the Software itself.
If you received a trial version of the Software for your limited evaluation, it is programmed to cease
functioning on a certain date as communicated to you, Section 1(c) below is modified to allow you to use
an unlimited quantity of user licenses during the trial period, and Section 5 below is modified so that thetrial version of the Software is provided “AS IS” and “WITHOUT WARRANTY OF ANY KIND.” Allother terms below apply to both the trial and full versions of the Software. Upon expiration of the trial
Software, unless you have paid for the full or upgrade version of the Software, you must immediately
discontinue use of the trial Software.
1.

License.

(a)
General License. The Software consists only of the following components: databaseserver, web publishing engine, web server module, script engine, FileMaker Admin API, FileMaker Data
API and ODBC/JDBC connectivity APIs. You may either (1) install all the Software components on asingle computer, or (2) install the web publishing engine component on one computer and all the othercomponents on one other computer. You may not use or run more than one instance of the Software fromthe same operating system (e.g., using virtualization or other technologies) at the same time.
(b)
Client Drivers. The FileMaker ODBC/JDBC “Client Drivers” are the driver portions of
the Software that allow third party applications or custom applications to access FileMaker Server as an
ODBC or JDBC data source. You may copy and distribute the Client Drivers for use on more than one
computer, provided that the Client Drivers may only be used with the Software.
(c)
User Access. The Software includes the rights to access data stored in the database serverusing the FileMaker WebDirect web browser client, the Claris FileMaker Go client and the Claris
FileMaker Pro (“FileMaker Pro”) client (collectively “Client(s)”). You are required to purchaseappropriate access to the Software depending on the license type under which you purchase:(i.) User License. If you are purchasing access to the Software under a user license(“User License”) the following terms apply (and the terms in section 1(c)(ii) below do not
apply to you). Your company or organization who has licensed the Software under a User
License contract must purchase a license for each unique individual who will access theSoftware using a Client. This unique individual who has a license to access the Softwareis defined as a “User.” A User can use any Client to access the Software. A User can use
any Client to access FileMaker Server purchased under a Concurrent Connections
License contract as long as they have a valid User License and use that User License
when accessing the FileMaker Server. You may not allow any FileMaker Pro clientspurchased under a Concurrent Connections License contract to access this Software.
(ii.) Concurrent Connections License. If you are purchasing access to the Software
under a Concurrent Connections License then the following terms apply (and the terms in
section 1(c)(i) above do not apply to you). Your Organization or Company who haslicensed the software under a Concurrent Connections License contract (“Licensed
Organization”) must purchase the number of concurrent connections licenses that
represents the maximum number of individual connections that will concurrently access
FileMaker Server at any given time. Each Client accessing FileMaker Server counts as aconcurrent connection. You may only allow employees of your Licensed Organization to
use the FileMaker Pro client to access this Software. You may also allow temporary
employees, consultants or contractors of your Licensed Organization to use theFileMaker Pro client to access this Software only when they are conducting business onbehalf of the Licensed Organization. If Licensed Organization is an educational
institution, you may only allow enrolled students, faculty members, teaching assistants,
administrators or staff to use the FileMaker Pro client on computers owned by youreducational institution to access the Software. In the case of FileMaker WebDirect each
web browser tab open and connected to FileMaker Server counts as a separate Client andwill count as a concurrent connection. You may allow FileMaker Pro clients purchased
under a User License contract to access the Software. If a single Client under aConcurrent Connections License contract accesses multiple FileMaker Servers at thesame time, a concurrent connection is required for each FileMaker Server accessed bythat individual Client. You may only use up to the total number of concurrent connections
you have licensed at any given time.
Each individual license of FileMaker Pro (“Single License”) purchased allows access to FileMaker Server
for the computer on which a Single License is installed and such access does not count against any otherlicense type you may have purchased.
(d)Annual Licenses and Limited Term Licenses. If you license the Software under anannual license or other limited term license (e.g., Annual Volume License Agreement or Annual Site
License Agreement), then you may only use the Software during the term of the license agreement, andyou must cease all use of the Software upon the expiration of your license agreement.
(e)Backup. You may make one copy of the Software in machine readable form solely for
backup purposes. As an express condition of this License, you must reproduce on each copy any
copyright notice or other proprietary notice that is on the original copy supplied by Claris.
(f)Upgrades & Updates. If the Software is licensed as a version or feature upgrade or
update, then you may only use the Software to replace a validly licensed version of the same software.
You agree that the upgrade or update does not constitute the granting of a second license to the Software(i.e., you may not use the upgrade or update in addition to the software it is replacing, nor may you
transfer the software which is being replaced to a third party). The terms of this License will govern any
software upgrades or updates provided by Claris to the Software, unless such upgrade or update isaccompanied by a separate license in which case you agree that the terms of that license will govern such
upgrade or update.
(g)

Education. If the Software is licensed at an education discount, then the Software mayonly be used by enrolled students, faculty, teachers, staff and administrators at an accredited K-12
educational institution (or equivalent) or higher education institution exclusively for educational purposes.
2.

Restrictions.

(a)
FileMaker Server Testing License. If you have licensed FileMaker Server under the
FileMaker Developer Subscription, then your use of this Software is limited to the Maximum Number ofUser Licenses, ODBC/JDBC, FileMaker Data API data transfer amount, and Web Sessions as specified
under the FileMaker Developer Subscription. In addition, the Software provided under the FileMaker
Developer Subscription may only be used for development and testing purposes and it may not be used ina production environment.
(b)Other Limitations. YOU MAY NOT REVERSE ENGINEER, DECOMPILE OR
DISASSEMBLE THE SOFTWARE, EXCEPT AND ONLY TO THE EXTENT EXPRESSLYPERMITTED BY APPLICABLE LAW. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT,LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANYPART THEREOF.
(c)
Restricted Uses. THE SOFTWARE IS NOT INTENDED FOR USE IN THE
OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONSYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER
EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH,PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
(d)Transfer Restriction. YOU MAY NOT TRANSFER OR ASSIGN YOUR RIGHTSUNDER THIS LICENSE TO ANOTHER PARTY WITHOUT THE PRIOR WRITTEN CONSENT OF
CLARIS.
(e)
Third Party Acknowledgements. Certain components of the Software, and third party
open source programs included with the Software, have been or may be made available by Claris on its
web site (https://www.claris.com/resources/downloads/). Acknowledgements, licensing terms anddisclaimers for such material are contained online at https://www.claris.com/company/legal/third-partyacknowledgements.html, or may otherwise accompany such material, and your use of such material isgoverned by their respective terms.
(f)Commercial Hosting Restrictions. If you provide commercial hosting, you may only
allow one customer to access each Software license. You must obtain at least one FileMaker Server
Software license for each customer that you provide hosting services. You may not use the Software toprovide any commercial hosting if you license the Software under Claris’s Site License Agreement or
Annual Site License Agreement.
3.
Termination. This License is effective until terminated. This License will terminate
automatically without notice from Claris or judicial resolution if you fail to comply with any provision ofthis License. If you license the Software under an annual license or limited term license, then yourlicenses will immediately terminate and you must cease all use of the Software upon the expiration or
termination of your license, unless you have paid to renew the license prior to its expiration or
termination. Upon such expiration or termination you must destroy the Software, all accompanying
written materials and all copies thereof, and Sections 5, 6, 7 and 8 will survive any termination orcancellation of this License.
4.
Export Law Assurances. You may not use or otherwise export or re-export the Software except
as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In
particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S.

embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially DesignatedNationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using theSoftware, you represent and warrant that you are not located in, under control of, or a national or residentof any such country or on any such list. You also agree that you will not use the Software for any purposesprohibited by United States law, including, without limitation, the development, design, manufacture or
production of missiles, nuclear, chemical or biological weapons.
5.
Limited Warranty. Unless otherwise set forth in this Agreement, Claris warrants for a period ofninety (90) days from your date of purchase that the Software as provided by Claris will perform
substantially in accordance with the accompanying documentation. Claris’s entire liability and your soleand exclusive remedy for any breach of the foregoing limited warranty will be, at Claris’s option,
replacement of the Software, refund of the purchase price, or repair of the Software.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY CLARIS AND CLARISAND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS OR
OTHER TERMS, EITHER EXPRESS OR IMPLIED (WHETHER COLLATERALLY, BY STATUTE
OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, CONDITIONSOR OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR
A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING
WRITTEN MATERIALS. FURTHERMORE, THERE IS NO WARRANTY AGAINSTINTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINSTINFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. CLARISDOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE
CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CLARIS OR A
CLARIS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. BECAUSE SOMEJURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIEDWARRANTIES, CONDITIONS OR OTHER TERMS THE ABOVE LIMITATION MAY NOT APPLYTO YOU. THE TERMS OF THIS DISCLAIMER AND THE LIMITED WARRANTY UNDER THISSECTION 5 DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMERACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER
DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSEDBY CLARIS’S NEGLIGENCE.
6.

Exclusion and Limitation of Remedies and Damages.

(a)Exclusion. IN NO EVENT WILL CLARIS, ITS PARENT, SUBSIDIARIES, OR ANY
OF ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE
FOREGOING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR
SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION
AND THE LIKE) OR DIRECT LOSS OF BUSINESS, BUSINESS PROFITS OR REVENUE,
WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS,REGARDLESS OF THE BASIS OF THE CLAIM (WHETHER UNDER CONTRACT, NEGLIGENCEOR OTHER TORT OR UNDER STATUTE OR OTHERWISE HOWSOEVER ARISING) AND EVEN
IF CLARIS OR A CLARIS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
(b)
Limitation. CLARIS’S TOTAL LIABILITY TO YOU FOR DAMAGES FOR ANY
CAUSE WHATSOEVER NOT EXCLUDED BY SECTION 6(a) ABOVE HOWSOEVER CAUSED(WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORT, UNDER STATUTE OROTHERWISE HOWSOEVER ARISING) WILL BE LIMITED TO THE GREATER OF U.S.$5.00 OR

THE MONEY PAID FOR THE SOFTWARE THAT CAUSED THE DAMAGES. THE PARTIESAGREE THAT THIS LIMITATION OF REMEDIES AND DAMAGES PROVISION SHALL BE
ENFORCED INDEPENDENTLY OF AND SURVIVE THE FAILURE OF ESSENTIAL PURPOSE OF
ANY WARRANTY REMEDY. THIS LIMITATION WILL NOT APPLY IN CASE OF DEATH ORPERSONAL INJURY CAUSED BY CLARIS’S NEGLIGENCE ONLY WHERE AND TO THE
EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOMEJURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FORCONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATION OF LIABILITY IN THISSECTION 6 MAY NOT APPLY TO YOU. NOTHING IN THIS LICENSE AFFECTS OR PREJUDICESTHE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN
IN THE COURSE OF A BUSINESS.
7.
Use of Data. At all times information about your use of Claris Software will be treated inaccordance with Claris’s Privacy Policy, which is incorporated by reference into this License and can beviewed at: https://www.claris.com/company/legal/.
8.
General. If there is a local subsidiary of Claris in the country in which this License waspurchased, then the local law in which the subsidiary sits shall govern this License. Otherwise, thisLicense shall be governed by the laws of the United States and the State of California. The parties agree
that the United Nations Convention on Contracts for the International Sale of Goods (1980), as amended,is specifically excluded from application to this License. This License constitutes the entire agreement
between the parties with respect to the Software licensed under these terms, and it supersedes all prior orcontemporaneous agreement, arrangement and understanding regarding such subject matter. You
acknowledge and agree that you have not relied on any representations made by Claris, however, nothing
in this License shall limit or exclude liability for any representation made fraudulently. No amendment toor modification of this License will be binding unless in writing and signed by Claris. If any provision ofthis License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be
enforced to the maximum extent permissible, and the remaining provisions of this License will remain in
full force and effect. No failure or delay by Claris in exercising its rights or remedies shall operate as awaiver unless made by specific written notice. No single or partial exercise of any right or remedy ofClaris shall operate as a waiver or preclude any other or further exercise of that or any other right orremedy. This Software and related documentation are “Commercial Items”, as that term is defined at 48
C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software
Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, theCommercial Computer Software and Commercial Computer Software Documentation are being licensed
to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted
to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the
copyright laws of the United States.
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