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IBSurgeon

HQbird End Customer License Terms

TOO IBSurgeon Software · Baizakova, 280, Almaty, Kazakhstan [email protected] · www.ib-aid.com

Version 1.0 · 01 August 2026

Purpose

This document supports licensees who distribute IBSurgeon HQbird bundled with their business applications, or provide business applications powered by HQbird as SaaS, under an HQbird Unlimited Subscription (Section 3.4 of the HQbird End User License Agreement, the “EULA”, available at https://ib-aid.com/en/hqbird-eula/) or under Per-Server Subscriptions with distribution rights (Section 3.5(f) of the EULA).

Under Sections 3.4(c)(i) and 3.5(f)(i) of the EULA, HQbird may be distributed to end customers only under a written agreement containing terms at least as protective of IBSurgeon as the EULA. The clauses below are the minimum set of provisions that satisfy that requirement. You may integrate them into your own end-customer agreement in your own wording and structure, provided their substance is preserved.

Your relationship with your end customers remains yours: IBSurgeon does not contract with, invoice, or provide direct support to your end customers, and compliance of your end customers is managed by you in the ordinary course of your customer relationships (EULA Section 3.4(c)(v)).

Minimum terms to include in your end-customer agreement

1. Scope of use. The end customer receives a limited, non-exclusive, non-transferable right to use the embedded HQbird software solely as part of, and in connection with the operation of, your application. HQbird may not be used as a standalone database management product or separated from your application.

2. No redistribution. The end customer may not distribute, sublicense, resell, lease, rent, lend or otherwise make HQbird available to any third party.

3. No reverse engineering. The end customer may not decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of the proprietary components of HQbird, except to the extent such a restriction is prohibited by applicable law.

4. Ownership. HQbird and its documentation are owned by TOO IBSurgeon Software and its licensors and are protected by copyright and other intellectual property laws. The end customer acquires no ownership rights in HQbird. Copyright and proprietary notices must not be removed or obscured.

5. Open source components. HQbird includes open source components, including the Firebird database engine, licensed under their own open source licenses (including the InterBase Public License and the Initial Developer’s Public License) as listed in the notices file accompanying the software. Those licenses govern the open source components, and nothing in the end-customer agreement limits the rights they grant.

6. Warranty and support responsibility. Any warranties, service levels and support commitments regarding the application and the embedded HQbird software are given by you (the licensee) alone. IBSurgeon makes no warranty to, and has no support obligation toward, the end customer.

7. Termination for breach. The end customer’s right to use the embedded HQbird software may be terminated if the end customer materially breaches the license terms applicable to it.

Notes for licensees

  • Per-server distributors: if you distribute under Per-Server Subscriptions (EULA Section 3.5(f)), remember that every server on which HQbird runs — yours or your end customers’ — counts against your purchased subscriptions, and that use rights at end-customer sites end if your subscriptions lapse. Plan renewals accordingly and keep your end customers informed.
  • For SaaS delivery, clauses 1–3 are typically satisfied automatically because the end customer never receives the software; ensure your terms of service state that customers receive no rights in the underlying third-party software components and are given no direct access to them (EULA Section 3.4(a)(iii)).
  • Keep the HQbird/Firebird notices file intact in every distributed copy of your application (EULA Sections 3.4(c)(iv) and 5.3).
  • Questions about these terms: [email protected].

This document is provided for convenience and does not amend the EULA. In case of any conflict, the EULA prevails.