PC World Komputer 1997 May/Pcwk0597.iso/borland/ib/setups/intrabld/license.txt

Text File | 1996-12-10 | 6KB | 187 lines

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.