Inprise Corporation TRIAL EDITION SOFTWARE License Statement YOUR USE OF THE TRIAL EDITION SOFTWARE DISTRIBUTED WITH THIS LICENSE IS SUBJECT TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE STATEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS STATEMENT, DO NOT USE THE SOFTWARE. 1. This Software is protected by copyright law and international copyright treaty. Therefore, you must treat this Software just like a book, except that you may copy it onto a computer to be used and you may make archive copies of the Software for the sole purpose of backing up our Software and protecting your investment from loss. Your use of this software is limited to evaluation and trial use purposes only. FURTHER, THIS SOFTWARE CONTAINS A TIME-OUT FEATURE THAT DISABLES ITS OPERATION AFTER A CERTAIN PERIOD OF TIME. A TEXT FILE DELIVERED WITH THE SOFTWARE WILL STATE THE TIME PERIOD AND/OR SPECIFIC DATE("EVALUATION PERIOD") ON WHICH THE SOFTWARE WILL EXPIRE. Though Inprise does not offer technical support for the Software, we welcome your feedback. If the Software is an Inprise development tool, you can write and compile applications for your own personal use on the computer on which you have installed the Software, but you do not have a right to distribute or otherwise share those applications or any files of the Software which may be required to support those applications. APPLICATIONS THAT YOU CREATE MAY REQUIRE THE SOFTWARE IN ORDER TO RUN. UPON EXPIRATION OF THE EVALUATION PERIOD, THOSE APPLICATIONS WILL NO LONGER RUN. You should therefore take precautions to avoid any loss of data that might result. 2. INPRISE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS SOFTWARE IS PROVIDED GRATUITOUSLY AND, ACCORDINGLY, INPRISE SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE. INPRISE WILL NOT SUPPORT THIS SOFTWARE AND IS UNDER NO OBLIGATION TO ISSUE UPDATES TO THIS SOFTWARE. 3. While Inprise intends to distribute (or may have already distributed) a commercial release of the Software, Inprise reserves the right at any time to not release a commercial release of the Software or, if released, to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. 4. Title, ownership rights, and intellectual property rights in and to the Software shall remain in Inprise and/or its suppliers. You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. You acknowledge that the Software in source code form remains a confidential trade secret of Inprise and/or its suppliers and therefore you agree not to modify the Software or attempt to decipher, decompile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction. 5. Upon expiration of the Evaluation Period, you agree to destroy or erase the Software, and to not re-install a new copy of the Software. This statement shall be governed by and construed in accordance with the laws of the State of California and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. This statement sets forth the entire agreement between you and Inprise. 6. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA AR Supplement. Contractor/manufacturer is Inprise Corporation, 100 Enterprise Way, Scotts Valley, CA 95066. 7. You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, or Syria or (ii) to anyone on the US Treasury Department's list of Specially Designated Nationals or the US Commerce Department's Table of Deny Orders. By downloading the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under control of, or a national or resident of any such country or on any such list. 8. INPRISE OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR (a) INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY SORT, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, EVEN IF INPRISE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. 9. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Inprise and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.