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- Borland International
- 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 Borland does
- not offer technical support for the Software, we
- welcome your feedback.
-
- If the Software is a Borland 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. BORLAND 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, BORLAND SHALL NOT BE LIABLE UNDER ANY
- THEORY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF
- THE SOFTWARE. BORLAND WILL NOT SUPPORT THIS SOFTWARE
- AND IS UNDER NO OBLIGATION TO ISSUE UPDATES TO THIS
- SOFTWARE.
-
- 3. While Borland intends to distribute (or may have already distributed) a
- commercial release of the Software, Borland 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 Borland 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 Borland 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 Borland.
-
- 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 Borland
- International, Inc., 100 Borland 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. BORLAND 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 BORLAND 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"). Borland and its
- suppliers specifically disclaim any express or implied warranty of
- fitness for High Risk Activities.
-
-