linuxmafia.com 2013/2013.06.linuxmafia.com/linuxmafia.com/pub/linux/apps/licences/borland-jbuilder-6-enterprise-licence.2002-02-13

Text File | 2002-02-16 | 35KB | 613 lines

BORLAND SOFTWARE CORPORATION
LICENSE TERMS

JBUILDER 6 [ENTERPRISE] [PROFESSIONAL] [PERSONAL]

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.TXT" FILE PROVIDED WITH THE PRODUCT.

YOU MAY ACCEPT THIS LICENSE BY PLACING A CHECK IN THE "I ACCEPT 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 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.  In such case,
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, 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 or further
distribute Redistributables or use Redistributables in any program that
they create; (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 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 and 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.

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 6.0 ENTERPRISE, JBUILDER 6.0
PROFESSIONAL AND JBUILDER 6.0 PERSONAL

ADDITIONAL 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 6.0 ENTERPRISE AND JBUILDER 6.0
PROFESSIONAL ONLY

ADDITIONAL 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.

4.3      SPECIAL TERMS THAT APPLY TO JBUILDER 6.0 ENTERPRISE ONLY

ADDITIONAL 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 file "jdslicense.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
file "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 JDATASTORE 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 JDATASTORE, 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)  "Unlimited Server License." When you purchase an Unlimited Server
License with respect to a particular Work, Borland grants you a
personal, nonexclusive, nontransferable and limited license to install
and execute JDATASTORE on one (1) computer ("Unlimited Server") solely
for your own internal data processing purposes to provide an unlimited
number of support connections. A "support connection" is a communication
session between JDATASTORE, as resident on the Unlimited Server, and a
copy of the licensed Work that is executing either on the Unlimited
Server or on a remote machine. You may not, under an Unlimited Server
License, install or execute JDATASTORE on more than one (1) computer. An
Unlimited Server License for JDATASTORE is also granted with each
Deployment License purchased for Borland Enterprise Server Web Edition.

4.4      SPECIAL TERMS THAT APPLY TO JBUILDER 6.0 PROFESSIONAL ONLY

ADDITIONAL LICENSE TERMS FOR JDATASTORE AND COMPONENTS
The Product may be accompanied by another Borland software product
identified as JDATASTORE (including the file "jdslicense.jar").
JDATASTORE does not constitute a part of the Product.  JDATASTORE is
subject to separate license terms which are on the media containing
JDATASTORE and which may be viewed and accepted at the time JDATASTORE
is installed.  You have no rights under this License to use JDATASTORE,
and your use of JDATASTORE may require you to purchase separate licenses
and obtain separate License Key Certificates directly from Borland.

4.5      SPECIAL TERMS THAT APPLY TO JBUILDER 6.0 PERSONAL ONLY

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 personal use. You may not use the Product or any Work for any
commercial, business, governmental or institutional purpose of any kind
("Commercial Purpose").  Subject to the other terms and conditions of
this Agreement, you may distribute your Works to others but you may not
receive any direct or indirect compensation for the distribution or use
of your Works and the Works that you distribute to others may not be
used for any Commercial Purpose.

If you use the Product or any Works for any Commercial Purpose or permit
others to do so, in breach of this license grant, then you agree to
purchase at the then-current retail price, the number of licenses of the
then-current version of JBuilder Professional that is equal to the
number of licenses of the Product in your possession.

4.6      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 sixty (60) 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 CONTAINS 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.

4.7         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 courses in which you are a direct and personal participant,
either as student or instructor ("Courses"). 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.

4.8         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.

ADDITIONAL LICENSE TERMS FOR SITRAKA SOFTWARE
The Product includes Third Party Software provided by Sitraka Inc.
("Sitraka Software"). The Sitraka Software consists of the components
identified in the JBuilder Component Palette as "JClass".
Notwithstanding any provision in this License to the contrary, you may
only use the Sitraka Software for proof-of-development purposes (i.e. to
establish that the Sitraka Software is capable of a particular use).
You may not otherwise develop, compile, test, use or distribute any
Works that incorporate, or require the use of, the Sitraka Software
unless you first purchase a license to do so from Sitraka Software, Inc.

ADDITIONAL LICENSE TERMS FOR /N SOFTWARE
The Product includes Third Party Software provided by /N Software, Inc.
("/n  Software"). The /n Software consists of the files identified in
the JBuilder Component Palette file as "IP*Works!".  Notwithstanding any
provision in this License to the contrary, you may only use the /n
Software for developing, compiling and testing Works and for no other
purpose.  You may not distribute or put to a production use any Works
that incorporate, or require the use of, the /n Software unless you
purchase, for each such Work, a separate license to do so from /n
Software.

4.9         ADDITIONAL LICENSE TERMS APPLICABLE TO UPGRADES

If you have purchased an upgrade version of the Product, it constitutes
a single product 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 suppliers on the Product; (f) allow
third parties to access or use the Product such as in a time-sharing
arrangement or operate 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 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 products 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 perpetually 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
prΘsentes, ont expressΘment exigΘ que la prΘsente Convention et ses
Annexes soient rΘdigΘes en langue anglaise.

13.2     Hazardous Uses.  The Product is not intended for use, and you
may not use or allow others to use the Product, 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 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