PC Format (South-Africa) 2001 June/PCFJune.iso/Xenon/C++/FreeCommandLineTools.exe/license.txt

Text File | 2000-01-31 | 14.7 KB | 300 lines

Borland C++ Compiler 5.5

INPRISE NO-NONSENSE LICENSE STATEMENT
AND LIMITED WARRANTY


IMPORTANT - READ CAREFULLY
This license statement and limited warranty constitutes a
legal agreement ("License Agreement") between you (either as
an individual or a single entity) and Inprise Corporation
("Inprise") for the software product ("Software") identified
above, including any software, media, and accompanying on-line
or printed documentation.

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU
AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE
LICENSE AGREEMENT.  If you are the original purchaser of the
Software and you do not agree with the terms and conditions
of the License Agreement, promptly return the unused
Software to the place from which you obtained it for a full
refund.

Upon your acceptance of the terms and conditions of the
License Agreement, Inprise grants you the right to use the
Software in the manner provided below.

This Software is owned by Inprise or its suppliers and is
protected by copyright law and international copyright
treaty.  Therefore, you must treat this Software like any
other copyrighted material (e.g., a book), except that you
may either make one copy of the Software solely for backup
or archival purposes or transfer the Software to a single
hard disk provided you keep the original solely for backup
or archival purposes.

You may transfer the Software and documentation on a
permanent basis provided you retain no copies and the
recipient agrees to the terms of the License Agreement.
Except as provided in the License Agreement, you may not
transfer, rent, lease, lend, copy, modify, translate,
sublicense, time-share or electronically transmit or receive
the Software, media or documentation.  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 reverse
engineer, decompile, or disassemble the Software, except and
only to the extent that such activity is expressly permitted
by applicable law notwithstanding this limitation.

If you have purchased an upgrade version of the Software, it
constitutes a single product with the Inprise software that
you upgraded.  You may use or transfer the upgrade version
of the Software only in accordance with the License
Agreement.

This Software is subject to U.S. Commerce Department export
restrictions, and is intended for use in the country into
which Inprise sold it (or in the EU, if sold into the EU).


ADDITIONAL LICENSE TERMS FOR Borland C++ Compiler 5.5
Inprise grants to you as an individual, a personal,
nonexclusive license to install and use the Software for the
sole purposes of designing, developing, testing, and
deploying application programs which you create.  You may
install a copy of the Software on a computer and freely move
the Software from one computer to another, provided that you
are the only individual using the Software.  If you are an
entity, Inprise grants you the right to designate one
individual within your organization ("Named User") to have
the right to use the Software in the manner provided above.


GENERAL TERMS THAT APPLY TO COMPILED PROGRAMS AND
REDISTRIBUTABLES
You may write and compile (including byte-code compile) your
own application programs using the Software, including any
libraries and source code included for such purpose with the
Software. You may reproduce and distribute, in executable
form only, programs which you create using the Software
without additional license or fees, subject to all of the
conditions in this License Agreement.

Inprise products may include certain files
("Redistributables") intended for distribution by you to the
users of programs you create.  Redistributables include, for
example, those files identified in the accompanying printed
or on-line documentation as redistributable files, those
files preselected for deployment by an install utility
provided with the Software (if any), or those files pre-
selected by a third party install utility which operates
under control of an install script which Inprise has
certified (if any) for use by licensed users of this
Software for deploying applications.  In any event, the
Redistributables for the Software are only those files
specifically designated as such by Inprise.  From time to
time, Inprise may designate other files as Redistributables.
You should refer to the documentation, including any
"readme" or "deploy" files included with the Software, for
additional information.

Subject to all of the conditions in this License Agreement,
you may reproduce and distribute exact copies of the
Redistributables, provided that such copies are made from
the original copy of the Software or the copy transferred to
the single hard disk.  Copies of Redistributables may only
be distributed with and for the sole purpose of executing
application programs permitted under this License Agreement
that you have created using the Software.  Under no
circumstances may any copies of Redistributables be
distributed separately.  Regardless of any modifications
which you make and regardless of how you might compile,
link, and/or package your programs, under no circumstances
may the libraries (including runtime libraries), code,
Redistributables, and/or other files of the Software
(including any portions thereof) be used for developing
programs by anyone other than you.  Only you as the licensed
user (or the Named User for your entity) have the right to
use the libraries (including runtime libraries), code,
Redistributables, or other files of the Software (or any
portions thereof) for developing programs created with the
Software.  In particular, you may not share copies of the
Redistributables with other co-developers.  You may not
reproduce or distribute any Inprise documentation without
Inprise's permission.

The license granted in this License Agreement for you to
create your own compiled programs and distribute your
programs and the Redistributables (if any) is subject to all
of the following conditions:  (i) all copies of the programs
you create must bear a valid copyright notice, either your
own or the Inprise copyright notice that appears on the
Software;  (ii) you may not remove or alter any Inprise
copyright, trademark or other proprietary rights notice
contained in any portion of Inprise libraries, source code,
Redistributables or other files that bear such a notice;
(iii) Inprise provides no warranty at all to any person,
other than the Limited Warranty provided to the original
purchaser of the Software, and you will remain solely
responsible to anyone receiving your programs for support,
service, upgrades, or technical or other assistance, and
such recipients will have no right to contact Inprise for
such services or assistance;  (iv) you will indemnify and
hold Inprise, its related companies and its suppliers,
harmless from and against any claims or liabilities arising
out of the use, reproduction or distribution of your
programs;  (v) your programs must be written using a
licensed, registered copy of the Software;  (vi) your
programs must add primary and substantial functionality, and
may not be merely a set or subset of any of the libraries
(including runtime libraries), code, Redistributables or
other files of the Software; (vii) regardless of any
modifications which you make and regardless of how you might
compile, link, or package your programs, the libraries
(including runtime libraries), code, Redistributables,
and/or other files of the Software (including any portions
thereof) may not be used in programs created by your end
users (i.e., users of your programs) and may not be further
redistributed by your end users; and (viii) you may not use
Inprise's or any of its suppliers' names, logos, or
trademarks to market your programs, except to state that
your program was written using the Software.

The Software might include source code, redistributable
files, and/or other files provided by a third party vendor
(Third Party Software).  Since use of Third Party Software
might be subject to license restrictions imposed by the
third party vendor, you should refer to the on-line
documentation (if any) provided with Third Party Software
for any license restrictions imposed by the third party
vendor.  In any event, any license restrictions imposed by a
third party vendor are in addition to, not in lieu of, the
terms and conditions of the License Agreement.

All Inprise libraries, source code, Redistributables and
other files remain Inprise's exclusive property.  Regardless
of any modifications that you make, you may not distribute
any files (particularly Inprise source code and other
non-executable files) except those that Inprise has
expressly designated as Redistributables.  Nothing in the
License Agreement permits you to derive the source code of
files that Inprise has provided to you in executable form
only, or to reproduce, modify, use, or distribute the source
code of such files.  You are not, of course, restricted from
distributing source code or byte code that is entirely your
own.  Source code which you generate with an Inprise source
code generator, such as an Application Wizard, is considered
by Inprise to be your code.

Contact Inprise for the applicable royalties due and other
licensing terms for all other uses and/or distribution of
the Redistributables.

LIMITED WARRANTY
Except with respect to the Redistributables, which are
provided "as is," without warranty of any kind, Inprise
warrants that the Software, as updated and when properly
used, will perform substantially in accordance with the
accompanying documentation, and the Software media will be
free from defects in materials and workmanship, for a period
of ninety (90) days from the date of receipt.  Any implied
warranties on the Software are limited to ninety (90) days.
Some states/jurisdictions do not allow limitations on
duration of an implied warranty, so the above limitation may
not apply to you.

Inprise's and its suppliers' entire liability and your
exclusive remedy shall be, at Inprise's option, either (a)
return of the price paid, or (b) repair or replacement of
the Software that does not meet Inprise's Limited Warranty
and which is returned to Inprise with a copy of your
receipt.  DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED
THE INPRISE CUSTOMER SERVICE DEPARTMENT AND OBTAINED A
RETURN AUTHORIZATION NUMBER.  This Limited Warranty is void
if failure of the Software has resulted from accident,
abuse, or misapplication.  Any replacement Software will be
warranted for the remainder of the original warranty period
or thirty (30) days, whichever is longer.  Outside the
United States, neither these remedies nor any product
support services offered by Inprise are available without
proof of purchase from an authorized non-U.S. source.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INPRISE
AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH
REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.


LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL INPRISE OR ITS SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF
INPRISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, INPRISE'S ENTIRE LIABILITY UNDER ANY PROVISION
OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF
THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR
U.S. $25; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO AN
INPRISE SUPPORT SERVICES AGREEMENT, INPRISE'S ENTIRE
LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY
THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


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.


U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and documentation are provided with RESTRICTED
RIGHTS.  Use, duplication, or disclosure by the Government
is subject to restrictions as set forth in subparagraphs
(c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer
Software-Restricted Rights at 48 CFR 52.227-19, as
applicable.  Manufacturer is Inprise Corporation,
100 Enterprise Way, Scotts Valley, CA 95066.


GENERAL PROVISIONS
This License Agreement may only be modified in writing
signed by you and an authorized officer of Inprise. All
terms of any purchase order or other ordering document shall
be superseded by this License Agreement.  If any provision
of the License Agreement is found void or unenforceable, the
remainder will remain valid and enforceable according to its
terms.  If any remedy provided is determined to have failed
for its essential purpose, all limitations of liability and
exclusions of damages set forth in this License Agreement
shall remain in effect.

This License Agreement shall be construed, interpreted and
governed by the laws of the State of California, U.S.A.
This License Agreement gives you specific legal rights; you
may have others which vary from state to state and from
country to country.  Inprise reserves all rights not
specifically granted in this License Agreement.