BORLAND SOFTWARE CORPORATION
LICENSE TERMS
JBUILDER 8 ENTERPRISE
NOTICE: THIS BORLAND SOFTWARE PRODUCT (TOGETHER WITH ITS ACCOMPANYING DOCUMENTATION,
THE “PRODUCT”) IS THE PROPERTY OF BORLAND SOFTWARE CORPORATION (“BORLAND”).
THE PRODUCT IS MADE AVAILABLE TO YOU, THE ORIGINAL PURCHASER, SUBJECT TO
THE FOLLOWING LICENSE AGREEMENT (“LICENSE”). PLEASE READ THIS
LICENSE CAREFULLY BEFORE INSTALLING OR USING THE PRODUCT. A COPY OF
THIS LICENSE IS AVAILABLE FOR YOUR FUTURE REFERENCE IN THE “LICENSE.HTML”
FILE PROVIDED WITH THE PRODUCT.
YOU MAY ACCEPT THIS LICENSE BY PLACING A CHECK IN THE “I ACCEPT THE TERMS
OF THE LICENSE AGREEMENT” BOX BELOW. YOU MAY REJECT THIS LICENSE,
AND TERMINATE THIS INSTALLATION PROCESS, BY CLICKING THE “CANCEL” BUTTON
BELOW. IF YOU DO NOT ACCEPT THIS LICENSE, THEN YOU MAY NOT INSTALL
OR USE THE PRODUCT. IN THAT CASE, YOU MAY, WITHIN TEN (10) DAYS AFTER
YOU FIRST RECEIVED THE PRODUCT, RETURN IT TO BORLAND OR YOUR BORLAND AUTHORIZED
RESELLER, ALONG WITH ITS ORIGINAL PACKAGING AND PROOF-OF-PURCHASE, FOR A
FULL REFUND. ANY USE BY YOU OF THIS PRODUCT ALSO CONSTITUTES YOUR ACCEPTANCE
OF THESE TERMS.
Borland is only willing to grant you this License if you obtained the Product
from Borland or a Borland authorized reseller. If you obtained the Product
from any other source you may not install or use the Product.
1. OWNERSHIP. The Product is proprietary
to Borland. The Product is licensed, not sold, to you notwithstanding
any reference herein to “purchases.” You acknowledge and agree that:
(a) the Product is protected under U.S. copyright and other laws; (b) Borland
and its licensors retain all copyrights and other intellectual property
rights in the Product; (c) there are no implied licenses under this License,
and any rights not expressly granted to you hereunder are reserved by Borland;
(d) you acquire no ownership or other interest (other than your license
rights) in or to the Product; and (e) Borland owns all copies of the Product,
however made. You agree that you will not, at any time, contest anywhere
in the world Borland’s ownership of the Product, nor will you challenge
the validity of Borland’s rights in the Product. You have no rights
hereunder to use any trademark or service mark belonging to Borland.
2. GRANT OF LICENSE AND SCOPE OF USE.
2.1 Grant of License. Subject to the terms
and conditions of this License, Borland grants to you, if you are an individual,
or, if you are an entity, one (1) designated person in your organization
(“Named User”) a personal, nonexclusive, nontransferable and limited license
to use the Product solely to create, compile (including byte code compile),
test and deploy, in source or object code form, your own application programs
and other works (“Works”). You may install the Product on a reasonable
number of machines provided that the Named User is the only individual permitted
to use the Product. Subject to the other terms and conditions of this
License, you may distribute your Works to others for production use. You
may also make a reasonable number of copies of the Product to backup devices
such as hard disks, optical media, or tape and one (1) physical CD media
backup copy of the Product solely to replace the original copy provided to
you if the original copy is damaged or destroyed. All rights not specifically
granted to you herein are retained by Borland.
2.2 Multiple Licensed Copies. You may purchase
from Borland or its authorized reseller additional licenses to permit multiple
Named Users to use the Product (each, a “Named User License”). Such
rights will be effective only when granted in writing by Borland or its
authorized reseller and are conditioned upon your payment of the applicable
fees. If you purchase additional Named User Licenses for the Product
then you are granted for each additional Named User License the personal,
nonexclusive, nontransferable and limited license to designate one individual
in your organization as the Named User and permit such Named User to install
and use the Product solely as permitted under Section 2.1. The Product
may be used exclusively by the specifically designated Named Users, subject
to all the terms and conditions of this License. You agree that you will
not designate more Named Users than the number of Named User Licenses that
Borland or its authorized reseller has expressly granted to you and you will
not allow the Product to be used by any individuals other than the Named
Users designated by you from time to time. You agree to maintain accurate
records of the Named User designated by you to use the Product under each
Named User License you hold.
3. GENERAL TERMS THAT APPLY TO COMPILED PROGRAMS AND
REDISTRIBUTABLES.
3.1 Redistributables. The Product may include
certain files, libraries and/or source code specifically designated as “redistributables”
by Borland in the accompanying printed or on-line documentation and that
are necessary to use Works created using the Product (“Redistributables”).
From time to time, Borland may designate other files as Redistributables.
You should refer to the documentation, including any "readme" or "deploy"
files provided with the Product, for additional information regarding Redistributables.
Subject to the terms and conditions of this License and the license grant
in Section 3.2, you may freely redistribute source code or compiled code
that is entirely your own and does not contain any Redistributables.
3.2 Licensing of Redistributables. Subject
to the terms and conditions of this License including the restrictions of
Section 3.3, Borland grants you the personal, non-exclusive, non-transferable
and limited license to: (a) make exact copies of the Redistributables and
distribute those copies solely as components of your Works and solely as
required for permitting end users of the Works (“End Users”) to install and
execute the Works; (b) install and execute Redistributables, without modification,
on computers that you own or possess solely for your own internal use; and
(c) sublicense to your End Users the personal, non-exclusive, non-transferable
right to install and execute Redistributables, without modification, solely
as components of Works and solely for such End Users’ own internal use,
subject to End Users’ compliance with the restrictions in Section 5 as to
Redistributables. The rights granted to you under this Section 3.2
may not be exercised by others, including co-developers, regardless of how
you might compile, link, or package your Works. These rights apply
only to Redistributables and to no other file, library, source code or other
component or derivative work of the Product. They may be exercised
only with respect to Works created by you using a duly licensed, properly
registered copy of the Product.
3.3 Certain Restrictions. Regardless of
any modifications that you make and regardless of how you might compile,
link, or package your Works: (a) you may not permit your End Users
to modify, distribute or use Redistributables in any program that such End
User creates, has created or uses other than the Works; (b) you may not
use Borland's or any of its suppliers' names, logos, or trademarks to market
your Works, except to state descriptively that your Work was written using
the Product; (c) all copies of the Works you create must bear a valid copyright
notice, either your own or the Borland copyright notice that appears on
the Product, and you may not remove or alter any Borland or its licensor’s
copyright, trademark or other proprietary rights notice contained in any
portion of the Redistributables; and (d) you may only distribute Redistributables
with Works that add primary and substantial functionality to the Redistributables,
that are not merely a set or subset of any of the Redistributables, and
that are created in accordance with the terms of this License.
3.4 Relationship with End Users. Except
as set forth in Section 4, there are no third party beneficiaries to this
License. Consequently, Borland provides no warranty at all to any
person, other than the limited warranty provided to you the original purchaser
of the Product, as set forth herein, and you will be solely responsible
to your End Users (or anyone else who uses or acquires Works) for support,
service, upgrades, or technical or other assistance (including with respect
to any Redistributables included therein), and such persons will have no
right to contact Borland for any services or assistance. You will
indemnify, defend and hold Borland, its licensors, its suppliers and each
of their respective employees, officers, directors and affiliates, harmless
from and against any claims or liabilities arising out of or related to the
use, procurement, reproduction or distribution of your Works by third parties.
3.5 Third Party Software. The Product, including
Redistributables, may include source code, redistributable files, and/or
other files provided by a third party vendor (“Third Party Product”).
Since use of Third Party Product 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 Product 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 this License.
3.6 Other Rights. Contact Borland for the
applicable royalties due and other licensing terms for all other uses or
distribution of the Redistributables. Borland hereby reserves all right,
title and interest in the Product and Redistributables not expressly granted
under this License.
4. SPECIAL TERMS.
The following terms and conditions (“Special Terms”) are specific to certain
editions, versions and components of the Product and are in addition to
the provisions of Sections 2 and 3. If any provision of the Special
Terms applicable to the Product conflicts with any other provision of this
License, then the provision of the Special Terms will supercede and control.
4.1 SPECIAL TERMS THAT APPLY TO JBUILDER 8.0 ENTERPRISE,
JBUILDER 8.0 SE AND JBUILDER 8.0 PERSONAL
LICENSE TERMS FOR API DECOMPILER
Notwithstanding the prohibition hereunder against decompiling the Product,
Borland grants to you as the licensed user of the Product the limited right
to use that portion of the Product identified as "API Decompiler" for inspecting
the public application programming interface (API) of the JAVA BEANS COMPONENT
LIBRARY, DATAEXPRESS, DBSWING and OPENTOOLS API modules.
4.2 SPECIAL TERMS THAT APPLY TO JBUILDER 8.0 ENTERPRISE
ONLY
LICENSE TERMS FOR ACCOMPANYING PRODUCTS - BORLAND ENTERPRISE SERVER AND
COMPONENTS
The Product may be accompanied by other Borland products ("Accompanying
Products"), including BORLAND ENTERPRISE SERVER and its component parts (including
but not limited to VisiBroker, AppServer and Borland Enterprise Server Web
Edition). These Accompanying Products do not constitute a part of the Product.
These Accompanying Products are subject to separate license terms which are
on the media containing the Accompanying Products and which may be viewed
and accepted at the time the Accompanying Products are installed. You
have no rights under this License to use any software other than the Products,
and your use of the Accompanying Products may require you to purchase separate
licenses and obtain separate License Key Certificates.
LICENSE TERMS FOR JDATASTORE
The portion of the Product identified as JDATASTORE (if any) is not a Redistributable.
Notwithstanding any provision herein to the contrary, you may only use JDATASTORE
under this License to develop, compile and test Works and for no other purpose.
You must purchase a separate JDATASTORE deployment license from Borland
or an authorized reseller for each copy of any Work that you deploy if the
Work incorporates, or requires use of, JDATASTORE or includes the files
"jds.jar" or “jdsserver.jar.” You are not permitted to reproduce JDATASTORE
for sublicensing, resale, lending, leasing, deployment or distribution to
any party, including without limitation, distributing JDATASTORE as part
of a VAR, OEM, distributor or reseller arrangement. If you integrate
JDATASTORE or the files “jds.jar" or "jdslicense.jar" into a Work and intend
to distribute or resell the resulting integrated Work, you must contact
Borland to obtain the appropriate distribution license.
The following two types of JDATASTORE deployment licenses are available
from Borland:
(a) LOCAL SERVER LICENSE: When you purchase a Local Server License
with respect to a particular licensed Work, Borland grants you a personal,
nonexclusive, nontransferable and limited license to install and execute
the Product on one (1) computer (“Local Server”) solely for your own internal
data processing purposes to provide a limited number of local support connections.
A “local support connection” is a communication session between the Product,
as resident on the Local Server, and a copy of the licensed Work that is
also executing on the Local Server and that is used solely for your internal
data processing needs. For more information on the number of local
support connections accessible under a Local Server License you should contact
Borland directly.
(b) SERVER LICENSE: When you purchase an Server License with respect to
a particular Work, Borland grants you a personal, nonexclusive, nontransferable
and limited license to install and execute the Product on one (1) computer
(“Server”) solely for your own internal data processing purposes to provide
a limited number of support connections. A “support connection” is a communication
session between the Product, as resident on the Server, and a copy of the
licensed Work that is executing either on the Server or on a remote machine.
You may not, under a Server License, install or execute the Product on more
than one (1) computer. For more information on the number of support connections
accessible under a Server License you should contact Borland directly.
In the event you purchase a deployment license, the total number of Product
copies used by you and the manner in which such copies are used may not
exceed or deviate from the type and number of licenses acquired by you and
the usage parameters indicated on your invoice (i.e, type of platform, number
of CPUs, or number of concurrent users, and number of local support connections
or support connections). If you would like to install and/or deploy
a greater number of copies of the Product than the number of deployment licenses
you have acquired from Borland or if you would like to alter the type or
usage parameters of any deployment license you have acquired from Borland,
you must first contact Borland to obtain written approval and pricing for
any such modifications to your license.
ADDITIONAL LICENSE TERMS FOR Oracle9 iAS Plug-in for JBuilder
Notwithstanding any separate agreement you may have for the provision of
support, the file identified as Oracle9 iAS Plug-in for JBuilder that
is provided on the same media as the Product is not supported by Borland.
4.3 ADDITIONAL LICENSE TERMS APPLICABLE TO EVALUATION
SOFTWARE
Subject to the terms and conditions of this License, you may exercise your
rights under this license to use the Product and to create Works for the
sole purpose of evaluating or demonstrating the Product. Your license
is for a term of thirty (30) days from the date you obtain the serial number
and authorization key for the Product or otherwise begin using the Product
(“Evaluation Period”).
You may not use the Product for any commercial, business, governmental
or institutional purpose of any kind. At the end of the Evaluation Period,
further use of the Product by you is prohibited without the purchase of
a commercial license. If you do not purchase a license for the Product
at the end of the Evaluation Period, you hereby agree to permanently remove
or delete the Product from all computer systems on which it was installed
and destroy any software and documentation received, and not to reinstall
a new copy of the Product. If you desire to continue to use the Product following
the Evaluation Period, you should contact Borland or a Borland authorized
reseller to order commercial licenses to use the Product.
THE PRODUCT MAY CONTAIN A TIME-OUT FEATURE THAT DISABLES ITS OPERATION
AFTER THE EXPIRATION OF THE EVALUATION PERIOD. WORKS THAT YOU CREATE
DURING THE EVALUATION PERIOD MAY REQUIRE THE PRODUCT IN ORDER TO RUN. UPON
EXPIRATION OF THE EVALUATION PERIOD, THOSE WORKS MAY NO LONGER RUN.
YOU SHOULD THEREFORE TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT
RESULT.
4.4 ADDITIONAL LICENSE TERMS APPLICABLE TO SOFTWARE
LICENSED FOR EDUCATIONAL USE
Subject to the terms and conditions of this License, you may exercise your
rights under this license to use the Product and to create Works solely
for your own personal use in providing or receiving instruction within the
limited scope of guided computer programming and/or software training course(s)
in which you are a direct and personal participant, either as student or
instructor (“Course(s)”). You may only reproduce, distribute and use Works,
in source or object code form, to other participants of the Courses and
then only for educational or training purposes. You may not use the Products
or Works created with the products for any commercial, business, governmental
or institutional purpose of any kind, except to the extent you are an instructor
teaching a Course. All rights not specifically granted to you herein are
retained by Borland.
4.5 ADDITIONAL LICENSE TERMS APPLICABLE TO THIRD PARTY
SOFTWARE
Certain components of the Product use or incorporate third-party software
programs and/or libraries (“Third-Party Software”) which are loaded (in
both object and source code form) on the Product media. You agree
that Borland’s third-party licensors and suppliers are intended third party
beneficiaries of all terms and conditions of this License intended to protect
intellectual property rights in the Product (including the Third-Party Software)
and limit certain uses thereof.
4.6 ADDITIONAL LICENSE TERMS APPLICABLE TO UPGRADES
If you have purchased an upgrade version of the Product, such upgrade constitutes
a single product together with the copy of the Product that you upgraded.
This means that, although you may have two sets of Product media, you still
have only one license. Therefore, you may not transfer the original
copy of the Product to any other party.
5. LIMITATIONS. You may not: (a) modify,
adapt, alter, translate, or create derivative works of the Product or merge
the Product with other software other than as described in the Product’s
accompanying documentation or as approved of in writing by Borland; (b) lease,
rent or loan the Product to any third party; (c) sublicense, distribute or
otherwise transfer the Product or any component thereof to any third party
except as expressly authorized in this Agreement; (d) reverse engineer, decompile,
disassemble, or otherwise attempt to derive the source code of the Product;
(e) remove, alter, or obscure any confidentiality or proprietary notices
(including copyright and trademark notices) of Borland or its licensors or
suppliers on the Product; (f) allow third parties to access or use the Product
including but not limited to in a time-sharing arrangement or operating the
Product as part of a service bureau or, except as expressly authorized under
Sections 2, 3 or 4, otherwise for the use or benefit of third parties; (g)
reproduce or use the Product except as expressly authorized under Sections
2, 3 or 4; or (h) disclose or publish performance benchmark results for the
Product. The rights granted under this License apply only to this Product.
You must procure a separate license to use other Borland software.
Furthermore, you may not permit your End Users to conduct the restricted
activities limited by items (a) through (e), (g) and (h) above insofar as
they apply to Redistributables, and such End User’s sublicense rights to
the Redistributables are conditioned upon compliance with such limitations.
The limitations in this Section 5 apply equally to your use of the Product,
in whole or in part, including any component or Redistributable.
6. LIMITED WARRANTY AND DISCLAIMER. Borland
warrants to you, the original purchaser and to no other party, that any
physical media included with the Product, as and when provided to you, will
be free of physical defects in materials and workmanship for a period of
ninety (90) days after the date that you initially acquire the Product.
Your exclusive remedy and Borland's sole liability for breach of this warranty
is that Borland will replace any defective media returned to Borland within
the ninety (90) day warranty period. This warranty does not apply
to damages resulting from misuse, abuse or neglect. Any replacement
media will be warranted as above for the remainder of the original warranty
period or twenty (20) days from the date we ship it to you, whichever is
longer. EXCEPT FOR THIS EXPRESS LIMITED WARRANTY, THE PRODUCT IS
PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. BORLAND HEREBY
EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY,
NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS OR QUIET ENJOYMENT. THERE
IS NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT
INTERRUPTION. YOU ASSUME THE ENTIRE RISK FOR THE RESULTS OBTAINED
USING THE PRODUCT. TO THE EXTENT THAT BORLAND MAY NOT DISCLAIM ANY
WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY
WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM
STATE TO STATE.
7. SERVICES; UPDATES; PRODUCT CHANGES. Borland
is not required under this License to provide any installation, training
or other services to you. Such services, if available, must be purchased
separately. If, pursuant to a separate support agreement or otherwise,
Borland provides you with a new release, error correction, update, upgrade
or other modification to the Product, such modification will be deemed part
of the Product, and subject to the terms of this License, unless the modification
is expressly provided subject to a separate license agreement. Borland reserves
the right at any time not to release or to discontinue release of any Product
and to alter prices, features, specifications, capabilities, functions,
licensing terms, release dates, general availability or other characteristics
of any future releases of the Product.
8. REGISTRATION. You must register the Product
with Borland as a condition to your rights to use the Product. You
will be prompted to register the Product at the time of your installation
or first use of the Product, at which time you will be notified (or directed
to online resources explaining) how registration information provided by
you may be used and you will be afforded the opportunity to opt out of certain
uses of such information.
9. CONFIDENTIALITY. You acknowledge that
the Product in source code form remains a confidential trade secret of Borland.
You agree to hold this information in confidence, not disclose it to any
person, and not use it for any purpose other than the use and operation of
the Product as permitted under this License.
10. LIMITATION OF LIABILITY. IN NO EVENT WILL
BORLAND BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOSS OF PROFIT, REVENUE,
BUSINESS OPPORTUNITY OR DATA, ARISING FROM OR RELATING TO THIS LICENSE OR
THE PRODUCT, WHETHER IN CONTRACT, IN TORT, NEGLIGENCE OR OTHERWISE, EVEN
IF BORLAND KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BORLAND’S TOTAL CUMULATIVE LIABILITY ARISING FROM
OR RELATED TO THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR
OTHERWISE, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU UNDER THIS LICENSE.
THIS SECTION 10 WILL APPLY EVEN IF AN EXCLUSIVE REMEDY HEREUNDER HAS FAILED
OF ITS ESSENTIAL PURPOSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
11. THIRD PARTY CLAIMS. Borland will defend
and settle any suit brought against you by a third party (not your affiliate)
based on a claim that the Product infringes upon any U.S. copyright and
Borland will pay those costs and damages finally awarded against you in
such suit that are specifically attributable to such claims or those amounts
payable by you under a settlement of such suit. The foregoing obligations
are conditioned on you: (a) notifying Borland promptly in writing
of such action; (b) giving Borland sole control of the defense thereof and
any related settlement negotiations; and (c) cooperating and, at Borland’s
request and expense, assisting in such defense. If the Product becomes, or
in Borland’s opinion is likely to become, the subject of an infringement
claim that Borland is required to defend, then Borland may (at its option
and expense) either: (a) procure for you the right to continue using
the Product; (b) replace or modify the Product so that it becomes non-infringing;
or (c) terminate this License and your rights hereunder to use the Product
and refund a pro rata portion of any license fee you paid under this License,
based on a three (3) year product life. Notwithstanding the foregoing, Borland
will have no obligation under this Section 11 or otherwise with respect to
any infringement claim based upon: (a) any use of the Product not in
accordance with this License or the Product’s accompanying documentation:
(b) any use of the Product in combination with other products, equipment,
software, or data not provided by Borland; (c) any use of any version of
the Product other than the most current version made available to you; or
(d) any modification of the Product by any person other than Borland or its
authorized agents (“Excluded Claims”). You will indemnify Borland against
all liability, damages and costs (including reasonable attorneys’ fees) resulting
from or related to an Excluded Claim. This section 11 states Borland’s entire
liability and your sole and exclusive remedy for third-party claims relating
to the Product.
12. TERM AND TERMINATION.
12.1 Term. The term of this License will
begin as of the date that you receive the Product and will remain in effect
unless terminated under this Section 12.
12.2 Termination for Convenience. You may
terminate this License for any reason, or for no reason, by giving Borland
five (5) days’ written notice.
12.3 Termination for Cause. Borland may
terminate this License if you breach your obligations hereunder. Borland
will effect such termination by giving you notice of termination, specifying
therein the alleged breach. If your breach is curable, you will have
a grace period of thirty (30) days after such notice is served to cure the
breach described therein. If the breach is cured within the thirty
(30) day grace period, then this License will remain in effect; otherwise,
this License will automatically terminate upon the conclusion of the thirty
(30) day grace period.
12.4 Effect of Termination. Upon the termination
of this License for any reason the following terms shall apply: (a)
all rights granted under this License will immediately terminate and you
must stop all use of the Product and any Redistributables; (b) you must return
to Borland or destroy all copies of the Product provided to or made by you,
and will, within ten (10) days after the effective date of termination,
provide Borland with written certification that all such copies have been
returned or destroyed;; and (c) all provisions of this License with the
exception of the licenses granted in Sections 2, 3 and 4, will survive termination
of this License for any reason.
13. GENERAL PROVISIONS.
13.1 Canadian Transactions. If you are subject
to Canadian law, you agree to the following:
The parties hereto have expressly required that the present License and
its Exhibits be drawn up in the English language. / Les parties aux
présentes, ont expressément exigé que la présente
Convention et ses Annexes soient rédigées en langue anglaise.
13.2 Hazardous Uses. The Product is not
intended for use in connection with any application requiring fail-safe
performance such as the operation of nuclear power facilities, air traffic
control or navigation systems, weapons control systems, life support systems,
or any other system whose failure could lead to injury, death, environmental
damage or mass destruction. You agree that Borland will have no liability
of any nature, and you are solely responsible, for any expense, loss, injury
or damage incurred as a result of such use of the Product.
13.3 Governing Law. This License will be
governed by and construed in accordance with the laws of the United States
and the State of California, without giving effect to any conflicts or choice
of laws principles that would require the application of the laws of a different
jurisdiction. The parties expressly exclude the application of the
1980 United Nations Convention on the International Sale of Goods (if applicable).
13.4 Entire License; Severability.
This License constitutes the entire, final and exclusive agreement
between you and Borland regarding the specific license transaction described
herein. If any provision of this License is held to be illegal, invalid
or unenforceable for any reason, then such provision will be enforced to
the maximum extent permissible and the remainder of the provisions of this
License will remain in full force and effect.
13.5 Assignment. You may not transfer the
Software media, assign this License or assign any of your rights or delegate
any of your obligations under this License, by operation of law or otherwise
(including by merger, sale of assets or consolidation), without Borland’s
prior written consent. Any attempted assignment in violation of this
Section 13.5 will be void.
13.6 Export Control. You may not directly
or indirectly transfer the Product, including its documentation, to any
country if such transfer would be prohibited by applicable law, including
the U.S. Export Administration Act and the regulations issued thereunder.
You agree to the foregoing and you are representing and warranting that
you are not located in, under the control of, or a national or resident
of any such country. You will be solely responsible for identifying and
complying with all laws of any jurisdiction outside of the United States
regarding the import, export or use of Products and technical data supplied
by Borland. You will obtain at your own expense all licenses, permits
or approvals required by any government to use the Product.
13.7 U.S. Government Rights. The Product
is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting
of “commercial computer software” and “commercial computer software documentation”
as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R.
12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government
end users acquire the Product with only those rights set forth in this License.
13.8 Waiver and Modifications. All waivers
must be in writing. Any waiver or failure to enforce a provision of
this License on one occasion shall not be deemed a waiver of any other provision
or such provision on any other occasion. This License may only be
amended by a written document signed by both parties.
If you have any questions about this License, please contact your Borland
authorized reseller or Borland.
If you agree to the terms and conditions of this License Agreement, please
place a check in the “I ACCEPT THE TERMS OF THE LICENSE AGREEMENT” box below.
This will be the legal equivalent of your signature on a written contract
and the terms of this license shall be a legally binding agreement between
you and Borland. You must agree to these terms and conditions in order
to install and use the Product. If you do not agree with these terms
and conditions, you should press the “CANCEL” button below to exit this
installation process, as Borland is unwilling to license the Product to
you in such case, and you may return the Product within ten (10) days after
you first received it to Borland or your Borland authorized reseller, along
with its original packaging and proof-of-purchase, for a full refund.
Borland Software Corporation
100 Enterprise Way
Scotts Valley, CA 95066-3249