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license.txt
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1998-05-08
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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.