Kompuutteri Kaikille K-CD 2002 #1/K-CD_2002-01.iso/Delphi/LICENSE.TXT

Text File | 2001-05-22 | 25KB | 487 lines

                   NOT FOR COMMERCIAL USE.
          READ LICENSE CAREFULLY BEFORE INSTALLING.

BORLAND DELPHI PERSONAL VERSION 6

BORLAND NO-NONSENSE LICENSE STATEMENT AND LIMITED WARRANTY

IMPORTANT - READ CAREFULLY
This license statement and limited warranty constitutes a
legal agreement ("License Agreement") between you (either as
an individual or a single entity) and Borland Software
Corporation ("Borland") for the software product
("Software") identified above, including any software,
media, and accompanying on-line or printed documentation.

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU
AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT.
If you are the original purchaser of the Software and you do
not agree with the terms and conditions of the License
Agreement, promptly return the unused Software to the place
from which you obtained it for a full refund.

If you are accepting this License Agreement on behalf of a
corporation, partnership or other legal entity, the use of
the terms "you" and "your" in this License Agreement will
refer to such entity.

TERMS AND CONDITIONS

1.  GRANT OF LICENSE.
a.  Subject to the terms and conditions of this License
Agreement, Borland grants to you a personal, nonexclusive,
nontransferable and limited license to install and use the
Software for the purposes set forth herein. Unless you have
purchased additional licenses from Borland, you may only
install and use a single copy of the Software on a computer
and freely move the Software from one computer to another,
provided that you are the only individual using the
Software. If you are an entity, Borland grants you the right
to designate one individual within your organization ("Named
User") to have the right to use the Software in the manner
provided herein. If you have purchased additional licenses
from Borland or a Borland authorized reseller, you may
install and use the number of copies of the Software up to
the number of users,  CPU's, servers and/or at the sites
granted to you in writing by Borland ("Licensed Copies").

b.  This Software is owned by Borland or its suppliers and
is protected by copyright law, international copyright
treaties, as well as other proprietary notices.  Therefore,
you must treat this Software like any other copyrighted
material (e.g., a book) and you agree that the total number
of copies of the Software used by you may not exceed the
number of Licensed Copies paid for by you, except that you
may either make one copy of the Software solely for backup
or archival purposes or transfer the Software to a single
hard disk provided you keep the original solely for backup
or archival purposes.

c.  Subject to the further terms and conditions of this
License Agreement, the term of this license is perpetual
(unless terminated as provided below). You may transfer the
Software and documentation on a permanent basis provided you
retain no copies and the recipient agrees to the terms of
this License Agreement.

2.  LICENSE RESTRICTIONS.
a.  Except as provided in this License Agreement, you
receive no rights and agree not to transfer, rent, lease,
lend, copy, modify, translate, port, localize, create
derivative works of, market, distribute, sublicense, time-
share or electronically transmit or receive the Software,
media or documentation.  You acknowledge that the Software
in source code form remains a confidential trade secret of
Borland and/or its suppliers and therefore you agree not to
modify the Software or attempt to reverse engineer,
decompile, or disassemble the Software, except and only to
the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation. As a
confidential trade secret, you shall use your best efforts
to protect the proprietary or confidential information
supplied by Borland in its Software (including any source
code), in the same manner in which you would protect your
own proprietary or confidential information, but not less
than reasonable precautions to protect such proprietary or
confidential information and you shall not use such
proprietary or confidential trade secret for your own
benefit or the benefit of any other person or entity, except
as may be specifically permitted hereunder.

b.  If you have purchased an upgrade version of the
Software, it constitutes a single product with the Borland
software that you upgraded.  You may use or transfer the
upgrade version of the Software together with the original
only in accordance with this License Agreement.

3.  REGISTRATION.
You are required to register the Software with Borland. You
will be prompted to register the Software at the time of
your first use of the Software, at which time you will be
notified (or directed to resources explaining) how
information provided by you during registration may be used
and you will be afforded the opportunity to opt out of
certain uses of such information.

4.  LICENSE TERMS FOR THE WORKS YOU CREATE USING BORLAND
DELPHI PERSONAL VERSION 6
You may not use the Software for any commercial, business,
governmental or institutional purpose of any kind
("Noncommercial Purposes"). Borland grants to you as an
individual, a personal, nonexclusive license to install and
use the Software for the sole purposes of designing,
developing and running, in source and compiled form, the
works which you create for your own personal Noncommercial
Purposes, using the Software ("Works"), subject to the
restrictions in this License Agreement. You may distribute
your Works to others. You may not receive any direct or
indirect compensation for the distribution or use of your
Works.

In the event that you use the Software for any commercial,
business, governmental or institutional purpose, in breach
of this license grant, you hereby agree to purchase at the
then current retail price, the number of licenses of the
then current version of Delphi Professional, equal to the
number of copies of Delphi Personal in your possession. You
agree to reimburse Borland for all attorney's fees, expenses
and court costs incurred by Borland as a result of such
breach.

Nothing in this License Agreement permits you to derive the
source code of files that Borland has provided to you in
compiled form only, or to reproduce, modify, use, or
distribute the source code of such files.  You are not, of
course, restricted from distributing source code or compiled
code that is entirely your own (so long as you receive no
direct or indirect compensation for such distribution and
such use of the Software is for personal, Noncommercial
Purposes).  Source code which you generate with a Borland
source code generator, such as the Application Wizard, is
considered by Borland to be your code.

GENERAL TERMS THAT APPLY TO COMPILED WORKS AND
REDISTRIBUTABLES
You may compile (including byte-code compile) your Works
using the Software, including any libraries and source code
included for such purpose with the Software. You may
reproduce and distribute Works in compiled form, without
additional license or fees, subject to all of the conditions
in this License Agreement. You may not receive any direct or
indirect compensation for the distribution or use of your
Works.

The Software may include certain files ("Redistributables")
intended for distribution by you to the users of your Works.
Redistributables include, for example, those files
identified in the accompanying printed or on-line
documentation as redistributable files, those files
preselected for deployment by an install utility provided
with the Software (if any), or those files pre-selected by a
third party install utility which operates under control of
an install script which Borland has certified (if any) for
use by licensed users of this Software for deploying
applications.  In any event, the Redistributables for the
Software are only those files specifically designated as
such by Borland.  From time to time, Borland may designate
other files as Redistributables.  You should refer to the
documentation, including any "readme" or "deploy" files
included with the Software, for additional information.

Subject to all of the conditions in this License Agreement,
you may reproduce and distribute exact copies of the
Redistributables, provided that such copies are made from
the original copy of the Software or the copy transferred to
the single hard disk.  Copies of Redistributables may only
be distributed with and for the sole purpose of executing
the Works permitted under this License Agreement that you
have created using the Software.  Under no circumstances may
any copies of Redistributables be distributed separately.
Regardless of any modifications which you make and
regardless of how you might compile, link, and/or package
your Works, under no circumstances may the libraries
(including runtime libraries), code, Redistributables,
and/or other files of the Software (including any portions
thereof) be used for developing Works  by anyone other than
you.  Only you as the licensed user (or the Named User for
your entity) have the right to use the libraries (including
runtime libraries), code, Redistributables, or other files
of the Software (or any portions thereof) for developing
Works.  In particular, you may not share copies of the
Redistributables with other co-developers.  You may not
reproduce or distribute any Borland documentation without
Borland's permission.

The license granted in this License Agreement for you to
create the Works and distribute your Works and the
Redistributables (if any) is subject to all of the following
conditions:  (i) 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 Software; (ii)
you may not remove or alter any Borland copyright, trademark
or other proprietary rights notice contained in any portion
of Borland libraries, source code, Redistributables or other
files that bear such a notice; (iii) all rights and
obligations of the parties here are personal to them and
this License Agreement is not intended to benefit nor shall
it be deemed to give rise to, any rights in any third party;
consequently, Borland provides no warranty at all to any
person, other than the Limited Warranty provided to the
original purchaser of the Software, and you will remain
solely responsible to anyone receiving your Works for
support, service, upgrades, or technical or other
assistance, and such recipients will have no right to
contact Borland for such services or assistance; (iv) you
will indemnify, defend and hold Borland, its related
companies and its suppliers, harmless from and against any
claims or liabilities arising out of the use, reproduction
or distribution of your Works; (v) your Works must be
written using a licensed, registered copy of the Software;
(vi) your Works must add primary and substantial
functionality, and may not be merely a set or subset of any
of the libraries (including runtime libraries), code,
Redistributables or other files of the Software; (vii)
regardless of any modifications which you make and
regardless of how you might compile, link, or package your
Works, the libraries (including runtime libraries), code,
Redistributables, and/or other files of the Software
(including any portions thereof) may not be used in works
created by your end users (i.e., users of your Works) and
may not be further redistributed by your end users; and
(viii) you may not use Borland's or any of its suppliers'
names, logos, or trademarks to market your Works, except to
state that your Work was written using the Software.

The Software might include source code, redistributable
files, and/or other files provided by a third party vendor
("Third Party Software").  Since use of Third Party Software
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 Software
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 Agreement.

All Borland Software provided under this License Agreement,
including but not limited to libraries, source code,
Redistributables and other files remain Borland's exclusive
property.  Borland will retain all right, title and interest
in and to the libraries, source code, Redistributables and
other files, including the Intellectual Property contained
in such property (including but not limited to, ownership of
all copyrights, patents, trademarks, service marks
worldwide).  Regardless of any modifications that you make,
you may not distribute any files (particularly Borland
source code and other non-compiled files) except those that
Borland has expressly designated as Redistributables.

Contact Borland for the applicable royalties due and other
licensing terms for all other uses and/or distribution of
the Redistributables.

5.  LIMITED WARRANTY
a.  Software provided under this License Agreement,
including but not limited to libraries, source code,
Redistributables and other files are provided "as is,"
without warranty of any kind except as expressly provided in
this paragraph.  Borland warrants that, except with respect
to the Redistributables, the Software, as updated and when
properly used, will perform substantially in accordance with
the accompanying documentation, and the Software media will
be free from defects in materials and workmanship, for a
period of ninety (90) days from the date of receipt.  Any
implied warranties on the Software are limited to ninety
(90) days.  Some states/jurisdictions do not allow
limitations on duration of an implied warranty, so the above
limitation may not apply to you.

b.  Borland's and its suppliers' entire liability and your
exclusive remedy shall be, at Borland's option, either (a)
return of the price paid, or (b) repair or replacement of
the Software that does not meet Borland's Limited Warranty
and which is returned to Borland with a copy of your
receipt.  DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED
THE BORLAND CUSTOMER SERVICE DEPARTMENT AND OBTAINED A
RETURN AUTHORIZATION NUMBER.  This Limited Warranty is void
if failure of the Software has resulted from accident,
abuse, or misapplication.  Any replacement Software will be
warranted for the remainder of the original warranty period
or thirty (30) days, whichever is longer.  Outside the
United States, neither these remedies nor any product
support services offered by Borland are available without
proof of purchase from an authorized non-U.S. source.

c.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
BORLAND AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH
REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES. BORLAND DOES NOT WARRANT THAT THE
BORLAND SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT
INTERRUPTION.  THE ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE BORLAND SOFTWARE AND ACCOMPANYING WRITTEN
MATERIALS REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.

6.  LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL BORLAND OR ITS LICENSORS OR SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,
PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR BUSINESS
INTERRUPTION, GOODWILL, LOSS OF BUSINESS INFORMATION, OR ANY
OTHER PECUNIARY LOSS) WHETHER BASED ON PRINCIPLES OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), DUTY, INDEMNITY,
CONTRIBUTION OR OTHERWISE, ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE
TO PROVIDE SUPPORT SERVICES, EVEN IF BORLAND HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE,
BORLAND'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS
LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE
AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.
$25; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A BORLAND
SUPPORT SERVICES AGREEMENT, BORLAND'S ENTIRE LIABILITY
REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF
THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.

7.  AUDIT RIGHTS
You agree to keep all usual and proper records and books of
account and all usual and proper entries relating to each
installation, copy and authorized user of the Software.
Borland may cause an audit and/or inspection to be made of
your applicable records and facilities in order to verify
your compliance with the terms of this License Agreement.
Within thirty (30) days of notice by Borland to you of any
error or omission disclosed by such audit, you will make
prompt adjustment and reimbursement to Borland of such error
or omission.  Any such audit or inspection will be conducted
by an audit and/or inspection team selected by Borland
(other than on a contingent fee basis).  Any audit and/or
inspection will be conducted during regular business hours
at your facilities, with five (5) days written notice.  You
agree to provide Borland's designated audit or inspection
team access to the relevant records and facilities and to
otherwise cooperate with such audit or inspection team.  Any
such audit and/or inspection will be paid for by Borland,
provided, however, that in the event that any such
examination discloses a shortfall in payment of more than
five percent (5%) for any quarter, you agree to (i) pay or
reimburse Borland for the reasonable expenses of the
examination, as determined in good faith by the parties at
the completion of the examination, and (ii) immediately
remit payment to Borland for the full amount of any
disclosed shortfalls (in addition to the reasonable expenses
for such examination).

8. EXPORT CONTROLS
You may not download or otherwise export or re-export the
Software or any underlying information or technology except
in full compliance with all United States and other
applicable laws and regulation.  In particular, without
limiting the foregoing, the Software cannot be downloaded,
exported or re-exported into (or to a national or resident
of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or
any other country to which the United States has embargoed
goods; or to anyone on the United States Treasury
Department's list of Specially Designated Nationals, the
United States Commerce Department's Entity List, or the
United States Commerce Department's Denied Parties list. 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 or on any
such list. In addition, you are responsible for complying
with any local laws  in your jurisdiction which may impact
your right to import, export or use this Software.

9.  HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed,
intended, or licensed for use in line control equipment or
in hazardous environments requiring fail-safe performance,
such as in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control,
and life support or weapons systems, in which the failure of
the Software could lead directly to death, personal injury,
or severe physical or environmental damage ("High Risk
Activities").  Without limiting the generality of the
foregoing, Borland and its suppliers specifically disclaim
any express or implied warranty of fitness for High Risk
Activities.

10.  U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and any accompanying documentation are
"Commercial Items", as that term is defined at 48 CFR
Section 2.101, consisting of "Commercial Computer Software"
and "Commercial Computer Software Documentation", as such
terms are used in 48 CFR Sections 12.212 and 227.7202, as
applicable. Consistent with 48 CFR Sections 12.212 or
227.7202-1 through 227.7202-4, as applicable, the Commercial
Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. Government end
users (a) only as Commercial Items and (b) with only those
rights as are granted to all other end users pursuant to the
terms and conditions herein. Unpublished rights reserved
under the copyright laws of the United States. Manufacturer
is Borland Software Corporation, 100 Enterprise Way, Scotts
Valley, CA 95066-3249.

11. TERMINATION
Your license to use the Software shall become effective on
the date you agree to the terms and conditions of this
License Agreement.  Your license to use the Software shall
terminate automatically if you fail to comply with the
limitations described in this License Agreement.  No notice
shall be required from Borland to effectuate such
termination.  Upon expiration or termination of this License
Agreement for any reason, you shall make no further use of
the Software and shall destroy all copies of the Software
and all of its component parts on all systems, in all forms,
in all types of media and computer memory, and whether or
not modified or combined with other materials.

12.  GENERAL PROVISIONS
This License Agreement is governed by the laws of the State
of California, U.S.A., excluding its or any other
jurisdiction's choice of law rules and excluding the United
Nations Convention for Contracts for the International Sale
of Goods, and you further consent to the exclusive
jurisdiction by the state and federal courts sitting in
Santa Clara County in the State of California for any
dispute regarding this License Agreement.  This License
Agreement 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 License Agreement.

This License Agreement will not be modified except by a
properly executed written agreement.  Any terms and
conditions of any purchase order or other instrument issued
by you in connection with this License Agreement which are
in addition to, inconsistent with or different from the
terms and conditions of this License Agreement will be of no
force or effect.

If any provision of this License Agreement 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 for its essential purpose, all
limitations of liability and exclusions of damages set forth
in the Limited Warranty shall remain in effect.

Failure by either party at any time to enforce any
obligation by the other party, to claim a breach of any term
of this License Agreement or to exercise any power agreed to
hereunder will not be construed as a waiver of any right,
power or obligation under this License Agreement, will not
affect any subsequent breach, and will not prejudice either
party as regards any subsequent action.

Except as expressly permitted hereby, you may not assign any
rights or obligations under this License Agreement without
the prior consent of Borland.

The provisions of this License Agreement that by their
nature and content are intended to survive the performance
hereof shall so survive the completion and termination of
this License Agreement.


IF YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT, please press the "I ACCEPT THE LICENSE AGREEMENT"
button below.  This will be the legal equivalent of your
signature on a written contract, and equally binding.  You
must agree to these terms and conditions in order to
download and install the Software.  If you do not agree with
these terms and conditions, you should press the "EXIT"
button below to exit this download process, as Borland is
unwilling to license the Software to you in such case.