This software is an "evaluation" release of a Borland product. Your use of the software is subject to the NO-NONSENSE LICENSE STATEMENT AND LIMITED WARRANTY provided herein. NO-NONSENSE LICENSE STATEMENT AND LIMITED WARRANTY This software is protected by both United States copyright law and international treaty provisions. 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 an archival copy of the software for the sole purpose of backing up the software and protecting your investment from loss. By saying "just like a book," Borland means, for example, that this software may be used by any number of people, and may be freely moved from one computer location to another, so long as there is no possibility of it being used at one location or on one computer while it is being used at another. Just like a book cannot be read by two different people in two different places at the same time, neither can the software be used by two different people in two different places at the same time (unless, of course, Borland's copyright is being violated). EVALUATION SOFTWARE The software is an "evaluation" release of a Borland product. You may use the software for your own personal evaluation for the duration of the evaluation period indicated in the software. The evaluation period begins when you first install the software on one or more computers for evaluation purposes. At the end of the evaluation period, the software will automatically disable itself. To continue using the software beyond the evaluation period, you will need to first purchase a regular release of the Borland product. You agree to indemnify and hold harmless Borland, its related companies and its suppliers, from and against any claims or liabilities arising out of the use, reproduction or distribution of your own programs which you create or use with the software. LIMITED WARRANTY Borland warrants the physical media provided by Borland to be free of defects in materials and workmanship for a period of ninety (90) days from the original purchase date. If Borland receives notification within the warranty period of defects in materials or workmanship, and determines that such notification is correct, Borland will replace the defective media. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED THE BORLAND CUSTOMER SERVICE DEPARTMENT AND OBTAINED A RETURN AUTHORIZATION NUMBER. The entire and exclusive liability and remedy for breach of this limited warranty shall be limited to replacement of defective media and shall not include or extend to any claim for or right to recover any other damages, including but not limited to, loss of profit, data or use of the software or special, incidental or consequential damages, or other similar claims, even if Borland has been specifically advised of the possibility of such damages. In no event will Borland's liability for any damages to you or any other person ever exceed the lower of the list price or the actual price paid for the package or the license to use the software, regardless of the form of the claim. BORLAND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL OTHER IMPLIED TERMS ARE EXCLUDED. Specifically, Borland makes no representation or warranty that the software is "error free," or meets any user's particular standards, requirements or needs. In all events, any implied warranty, representation, condition or other term is limited to the physical media and is limited to the 90-day duration of the limited warranty. Borland is not responsible for, and does not make any representation, warranty or condition concerning product, media, software not manufactured or supplied by Borland, such as third parties' programs which are designed using Borland software or which include Borland programs or files. GENERAL PROVISIONS This statement may only be modified in writing signed by you and an authorized officer of Borland. If any provision of this statement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed its essential purpose, all limitations of liability and exclusions of damages set forth in the limited warranty shall remain in effect. Use, duplication or disclosure of the software in this package by the U.S. Government is subject to the restricted rights applicable to commercial computer software (under FAR 52.227-19 and DFARS 52.227-7013). This statement shall be construed, interpreted and governed by the laws of the State of California, U.S.A. This statement gives you specific legal rights; you may have others which vary from state to state and from country to country. Borland reserves all rights not specifically granted in this statement.