linuxmafia.com 2013/2013.06.linuxmafia.com/linuxmafia.com/pub/linux/apps/licences/borland-kylix-2-open-edition-licence.original

Text File | 2002-01-13 | 36KB | 605 lines

BORLAND SOFTWARE CORPORATION

LICENSE TERMS

KYLIX 2 OPEN EDITION

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 CLICKING ON THE "I AGREE" BUTTON 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
Agreement, Borland grants to you a personal, nonexclusive,
nontransferable and limited license to install and execute the Product
on one (1) computer for use by you or, if you are an entity, one (1)
person in your organization  ("Named User") 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") to be
distributed solely under the terms of the GNU General Public License
which can be found at www.borland.com/kylix/gpl.html and subject to
Section 4.1 and the other terms and conditions of this License.  Subject
to the other terms and conditions of this Agreement and subject to the
terms of the GNU General Public License, you may distribute your Works
to others.  You may also make one (1) backup copy of the Product solely
to replace the original copy provided to you if the original copy is
damaged or destroyed.

2.2  Multiple Licensed Copies.  You may purchase from Borland or its
authorized reseller the right to make multiple copies of the Product
(each, a "Licensed Copy) or the right to permit multiple Named Users to
use a Licensed Copy.  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 the right to make
multiple Licensed Copies, you are granted, for each Licensed Copy, the
personal, nonexclusive, nontransferable and limited license to install
and execute the Licensed Copy on one (1) computer solely as permitted
under Section 2.1, subject to all the terms and conditions of this
Agreement.  If you purchase the right to permit multiple Named Users to
use a Licensed Copy then you are granted for such Licensed Copy, the
personal, nonexclusive, nontransferable and limited license to install
and execute the Licensed Copy on one (1) computer solely as permitted
under Section 2.1 exclusively for use by such number of Named Users,
subject to all the terms and conditions of this Agreement. You agree
that you will not install or execute the Product on more computers than
the number Licensed Copies that Borland or its authorized reseller has
expressly permitted you to make and you will not allow the Product to be
used by more users than the number of Named Users that Borland or its
authorized reseller has expressly permitted to use each Licensed Copy.

2.3  Competitive Product Restrictions.  You may not include the Product
or any component thereof, including any Redistributables (as defined in
Section 3) in any general-purpose software development tool, library,
component, or any other product that is generally competitive with or a
substitute for the Product or any other Borland product offerings; nor
may you use the Product to create a product or operate a service that is
generally competitive with the Product or any other Borland product
offerings, including any general-purpose software development tool.  The
foregoing restriction does not apply, however, to your use of the
Product to develop "plug-ins" (i.e., integrations created using the
Product's open tools API) so long as such plug-ins are designed to
provide supplementary functionality to the Product.

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) you may
not incorporate or distribute a Redistributable with a Work or other
program that is capable of functioning as a general purpose development
tool, library, or component, or is otherwise generally competitive with
or a substitute for the Product or the Redistributable itself; (d) 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 (e) 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 Agreement.  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 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 KYLIX ENTERPRISE EDITION, KYLIX
PROFESSIONAL EDITION AND KYLIX OPEN EDITION - GPL DISTRIBUTION OPTIONS
Pursuant to your right under Section 2.1 to distribute Works, you may
distribute Works under the terms of the GNU General Public License
subject to the restrictions set forth in this section and the other
terms and conditions of this Agreement. Your right to distribute Works
under this License is subject to your compliance with the following
restrictions: (i) distribution of the Protected Packages (as defined
below) under GPL is strictly prohibited, and (ii) distribution of the
Dual License Packages (as defined below), whether internal or public,
must be subject to the terms of the GNU General Public License which can
be found at www.borland.com/kylix/gpl.html.  "Protected Packages" and
"Dual License Packages" are those components of the Product that are
identified as Protected Packages or Dual License Packages, respectively,
in the deploy.txt file found on the Product CD or at
www.borland.com/kylix/deploy.html.

If you have Kylix Open Edition and you would like to distribute your
Works other than under the GNU General Public License, then you must
purchase the appropriate commercial license from Borland.
Alternatively, you may submit your CLX components or CLX source code
modifications to Borland for potential inclusion in Borland's CLX and
subsequent release under Borland's licensing program. Any distribution
of your Works under the GPL must be accompanied by the source code to
the GPL-licensed CLX (refer to the deploy.txt file found on the Product
CD, or see www.borland.com/kylix) or a notice and instructions on how to
acquire said source code to the GPL-licensed CLX.

4.2  SPECIAL TERMS THAT APPLY TO KYLIX ENTERPRISE EDITION AND KYLIX
PROFESSIONAL EDITION ONLY ADDITIONAL LICENSE TERMS FOR INTERBASE
The portion of the Product identified as InterBase is not a
Redistributable and is licensed for development purposes only.  This
License does not permit you to use the InterBase portion of this Product
for any commercial, business, governmental institutional or other
purpose of any kind, other than development and testing of Works.  You
must purchase a separate InterBase deployment license from Borland
before deploying or distributing any Work that uses InterBase.

4.3  SPECIAL TERMS THAT APPLY TO KYLIX ENTERPRISE EDITION ONLY

ADDITIONAL LICENSE TERMS FOR DEPLOYING MULTI-TIER WORKS

This version of the Product may include redistributable files identified
as "ClientDataset Redistributables" for creating multi-tier application
Works.  This License does not permit you to use the ClientDataset
Redistributables to support data sharing among two or more computers.
You must purchase a separate DataSnap deployment license from Borland
before using ClientDataset Redistributables to support data sharing
among two or more computers.  Please refer to the on-line documentation,
including DEPLOY.TXT, for information about how to purchase this
separate license.  "Data sharing" refers to any use of the ClientDataset
Redistributables for supporting the transmission by any means of data
from one computer to another for use by ClientDataset Redistributables
installed on another computer.  The separate  DataSnap deployment
license is not required for deploying a Work that does not use
ClientDataset Redistributables for supporting such data sharing among
computers.

ADDITIONAL LICENSE TERMS FOR VISIBROKER

The portion of the Product identified as VISIBROKER is not a
Redistributable and is licensed for development purposes only. This
License does not permit you to use the VISIBROKER portion of this
Product for any commercial, business, governmental, institutional or
other purpose of any kind, other than development and testing Works.
You must purchase a separate VISIBROKER deployment license from Borland
before deploying or distributing any Work that uses VISIBROKER.

4.4.  ADDITIONAL LICENSE TERMS APPLICABLE TO EVALUATION SOFTWARE
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.

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.

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 under Section 3; (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-INFRINGMENT, 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.  The Product (including its underlying source code)
and the terms of this License contain confidential information of
Borland.  You agree to hold this information in confidence, not disclose
it to any person (other than your employees and individual contractors
who use the Product and who have agreed to keep confidential any of
Borland's confidential information that you provide to them), and not
use it for any purpose other than the use and operation of the Product
as permitted under this License.  These restrictions do not apply to any
information which is or becomes (through no fault of yours) publicly
available.  If you are required by law or order of a court or other
government authority to disclose Borland's confidential information,
then you will immediately notify Borland as soon as possible, but in any
event prior to the disclosure, and will cooperate with Borland, at its
expense and request, in any lawful action to contest or limit the scope
of such required disclosure.

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.  AUDIT.  During the term of this License and for one (1) year
thereafter, upon reasonable notice and during normal business hours,
Borland or its outside auditors will have the right to enter your
premises and access your records and computer systems to verify that you
have paid to Borland the correct amounts owed under this License and
determine whether the Products are being used in accordance with the
terms of this License.  You will provide reasonable assistance to
Borland in connection with this provision.  You agree to pay the cost of
the audit if any underpayments during the period covered by the audit
amount to more than five percent (5%) of the fees actually owed for that
period.

13.  TERM AND TERMINATION.

13.1  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 13.

13.2  Termination for Convenience.  You may terminate this License for
any reason, or for no reason, by giving Borland five (5) days' written
notice.

13.3  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.

13.4  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 immediately pay to
Borland all fees and expenses accrued prior to the effective date of
termination; (c) 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; (d)
you must return to Borland all of its other confidential information
that you have received during the term of this License; and (e) all
provisions of this Agreement with the exception of the licenses granted
in Sections 2, 3 and 4, will survive termination of this License for any
reason.

14.  GENERAL PROVISIONS.

14.1  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.

14.2  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.

14.3  Governing Law; Venue and Jurisdiction.  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).  Subject only to the
provisions of Section 14.6, any legal action, suit or proceeding arising
out of or relating to this License must be instituted exclusively in a
court of competent jurisdiction, federal or state, located within the
State of California, and in no other venue.  Each party further
irrevocably consents to personal jurisdiction and venue in, and agrees
to service of process issued or authorized by, any such court.

14.4  No Jury Trials; No Joinder. Each party hereby irrevocably waives
its right to a jury trial in any legal action, suit or proceeding
between the parties arising out of or relating to this License.  A copy
this License may be filed with the court as written consent by both
parties to a bench trial.  You agree that any dispute you may have
against Borland cannot be joined with any dispute of any other person or
entity in a lawsuit, arbitration or any other proceeding, or resolved on
a classwide basis.

14.5  Severability.  If any provision of this Agreement 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 Agreement will remain in full force and effect.

14.6  Equitable Relief.  The parties acknowledge and agree that it is
impossible to measure in money the damages that will accrue to Borland
by reason of your breach of this Agreement and that such a breach will
cause irreparable harm to Borland.  In addition to any other right or
remedy available at law or in equity Borland will be entitled to
specific performance or injunctive relief to enforce or prevent any
breach of Sections 2, 3, 4, 5 or 9 without posting a bond or other
security, and may apply to any court of competent jurisdiction for such
relief notwithstanding the provisions of Section 14.3.

14.7  Attorneys' Fees.  In any action, suit or proceeding arising out of
or relating to this License, Borland, if it is the prevailing party,
will be entitled to recover from you its reasonable attorneys' fees and
expenses in addition to any other relief that may be awarded.

14.8  Notices.  A notice that is required or permitted under this
Agreement must be in writing and may be delivered by facsimile,
electronic mail, hand delivery, courier or mail.  Notice will be deemed
effective upon the earlier of actual receipt by the intended recipient
or five (5) days after deposit with the U.S. Postal Service as certified
or registered mail (postage prepaid and return receipt requested)
addressed to recipient at its address set forth on the first page above
or as amended by notice pursuant to this section.

14.9  Assignment.  You may not 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, which may be
granted, conditioned or withheld in Borland's sole discretion.  Any
attempted assignment you in violation of this Section 14.10 will be void
and will constitute a material breach of this Agreement.
Notwithstanding the foregoing, Borland may assign this License at any
time in its sole discretion. Subject to the foregoing, this Agreement
will be binding upon and will inure to the benefit of the parties and
their respective successors and permitted assigns.

14.10  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.

14.11  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.

14.12  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.

14.13  Entire License.  This License constitutes the entire, final and
exclusive agreement between you and Borland regarding the specific
license transaction described herein. No prior agreements,
understandings, statements, proposals or representations, written or
oral, apply.  No written or oral statement, advertisement or product
description not expressly contained in this License can be used to alter
or supplement its terms. You may not rely on any representations or
statements not contained in this Agreement. Headings in this License are
for reference only and have no effect on any provision's meaning.

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 click the "I AGREE" button
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