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license.txt
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1998-05-13
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.