DO NOT USE OR INSTALL THE SOFTWARE BEFORE READING MERANT, INC. ODBC NON-WINDOWS SDK SOFTWARE LICENSE AGREEMENT (Non-Windows Agreement) IMPORTANT: READ THIS NON-WINDOWS AGREEMENT CAREFULLY. IT CONSTITUTES A BINDING AGREEMENT BETWEEN YOU ("CUSTOMER") AND MERANT, INC. ("MERANT"). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, RETURN THE UNINSTALLED SOFTWARE AND THE OTHER COMPONENTS OF THE ENCLOSED MERANT SOFTWARE PRODUCT ("ENCLOSED SOFTWARE") TO MERANT AND YOUR MONEY WILL BE REFUNDED. 1. Standard Agreement Amendment. This Non-Windows Agreement amends the Standard MERANT License agreement only to the limited extent set forth herein. (NOTE: For Windows Platforms, the SDK Components may be used in accordance with the Standard MERANT License agreement.) 2. License Grant. MERANT hereby grants to Customer, and Customer hereby accepts, a limited, non-exclusive and non- transferable license to use the Enclosed Software in accordance with the terms and conditions set forth in this Non-Windows Agreement. 3. Definitions: 3.1. Software Development Kit (SDK) Components: Includes both the ODBC Core Components and Header Files 3.2. ODBC Core Components: Includes the ODBC Driver Manager and support files 3.3. ODBC Header Files: Text files for compilation and development of software 4. SDK Components on Non-Windows Platforms. MERANT has licensed, and has rights to sub-license certain third party software that is part of the ODBC SDK Components and which is usable for certain non- windows platforms - MacPPC, OS/2, HP-UX, AIX, and Solaris. This section sets forth the conditions that govern the Customer's permitted use of the various non-windows SDK Components. 4.1. ODBC CORE COMPONENTS Customer may imbed in its products, and otherwise sub-license the ODBC Core Components containing MERANT and certain third party software, provided that the Customer first licenses required product (an ODBC Driver Pack or SequeLink Server) from MERANT. 4.2. ODBC HEADER FILES A separate license must be obtained from MERANT if the customer wishes to imbed and sub-license the Header Files with any software product. 5. MERANT ODBC DRIVERS or SEQUELINK SOFTWARE A separate license must be obtained from MERANT for use of the MERANT ODBC Drivers or SequeLink Software.