Programming Languages Suite/ProgramD2.iso/Visual Database/Visual dBase Pro v7.0/LICENSE.TXT

Text File | 1997-11-20 | 12.2 KB | 245 lines

BORLAND VISUAL dBASE 7

BORLAND NO-NONSENSE LICENSE STATEMENT AND LIMITED WARRANTY

Borland grants you the right to use this Borland software
product ("Software"), including any accompanying
documentation, in the manner provided below.

This Software is owned by Borland or its suppliers and is
protected by copyright law and international copyright
treaty. Therefore, you must treat this Software like any
other copyrighted material (e.g., a book), 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.

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 statement.
Except as provided in this statement, you may not transfer,
rent, lease, lend, copy, modify, translate, 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 decipher, decompile,
disassemble or reverse engineer the Software, except to the
extent applicable laws specifically prohibit such
restriction.

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 only in accordance with this license statement.

This Software is subject to U.S. Commerce Department export
restrictions, and is intended for use in the country into
which Borland sold it (or in the EEC, if sold into the EEC).

ADDITIONAL LICENSE TERMS FOR BORLAND VISUAL dBASE 7 Borland
grants to you as an individual, a personal, nonexclusive
license to install and use the Software for the sole
purposes of designing, developing, testing, and deploying
application programs which you create.  You may install a
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 above.

GENERAL TERMS THAT APPLY TO COMPILED PROGRAMS AND
REDISTRIBUTABLES You may write and compile your own
application programs using the Software, including any
libraries and source code included for such purpose with the
Software. You may reproduce and distribute, in executable
form only, programs which you create using the Software
without additional license or fees, subject to all of the
conditions in this statement.

Borland products may include certain files
("Redistributables") intended for distribution by you to the
users of programs you create. 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 statement, 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
application programs permitted under this statement that you
have created using the Software.  Under no circumstances may
any copies of Redistributables be distributed separately.
Only you as the Named User have the right to use the
Redistributables for developing programs created with the
Software; accordingly, 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 statement for you to create your
own compiled programs and distribute your programs and the
Redistributables (if any) is subject to all of the following
conditions:  (i) all copies of the programs 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) 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 programs 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 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 programs;  (v) your programs must be
written using a licensed, registered copy of the Software;
(vi) your programs may not be merely a set or subset of any
of the libraries, code, Redistributables or other files of
the Software; and (vii) you may not use Borland's or any of
its suppliers' names, logos, or trademarks to market your
programs, except to state that your program was written
using the Software.

All Borland libraries, source code, Redistributables and
other files remain Borland's exclusive property.  Regardless
of any modifications that you make, you may not distribute
any files (particularly Borland source code and other non-
executable files) except those that Borland has expressly
designated as Redistributables.  Nothing in this license
statement permits you to derive the source code of files
that Borland has provided to you in executable 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 that is entirely your own.  Code
which you generate with a Borland code generator, such as
AppExpert, is considered by Borland to be your code.

ADDITIONAL LICENSE TERMS FOR BORLAND DATABASE ENGINE You may
not redistribute any program which includes Redistributables
of the Software identified as BORLAND DATABASE ENGINE ("BDE
Redistributables") that is a general purpose database
program or otherwise generally competitive with or a
substitute for Borland's Paradox, dBASE, or the Borland
Database Engine. Your programs must require your users to
run an unmodified copy of the installation program created
by the install utility provided with the Software (if any),
or created by a third party install utility which operates
under control of an install script which Borland has
certified for deploying applications using the BDE
Redistributables.  Further, you may not redistribute a
subset of the BDE Redistributables or circumvent any
integrity and/or versioning checks required for correctly
installing the BDE Redistributables.

LIMITED WARRANTY Except with respect to the
Redistributables, which are provided "as is," without
warranty of any kind, Borland warrants that 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.

BorlandÆs and its suppliersÆ entire liability and your
exclusive remedy shall be, at BorlandÆs option, either (a)
return of the price paid, or (b) repair or replacement of
the Software that does not meet BorlandÆs 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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BORLAND
AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,  IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND WARRANTIES OF NONINFRINGEMENT, WITH REGARD TO
THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.  YOU MAY
HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL BORLAND OR ITS SUPPLIERS BE LIABLE FOR ANY
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING
OUT OF THE USE OF OR INABILITY TO USE THIS BORLAND PRODUCT,
EVEN IF BORLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.

HIGH RISK ACTIVITIES The Software is not fault-tolerant and
is not designed, manufactured or intended for use or resale
as on-line control equipment in hazardous environments
requiring fail-safe performance, such as in the operation of
nuclear facilities, aircraft navigation or communication
systems, air traffic control, direct life support machines,
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").
Borland and its suppliers specifically disclaim any express
or implied warranty of fitness for High Risk Activities.

U.S. GOVERNMENT RESTRICTED RIGHTS The Software and
documentation are provided with RESTRICTED RIGHTS.  Use,
duplication, or disclosure by the Government is subject to
restrictions as set forth in subparagraphs (c)(1)(ii) of the
Rights in Technical Data and Computer Software clause at
DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the
Commercial Computer Software-Restricted Rights at 48 CFR
52.227-19, as applicable.  Manufacturer is Borland
International, Inc., 100 Borland Way, Scotts Valley, CA
95066.

GENERAL PROVISIONS This statement may only be modified in
writing signed by you and an authorized officer of Borland.
If any provision of this statement is found void or
unenforceable, the remainder will remain valid and
enforceable according to its terms.  If any remedy provided
is determined to have failed for its essential purpose, all
limitations of liability and exclusions of damages set forth
in the Limited Warranty shall remain in effect.

This statement shall be construed, interpreted and governed
by the laws of the State of California, U.S.A.  This
statement gives you specific legal rights; you may have
others which vary from state to state and from country to
country.  Borland reserves all rights not specifically
granted in this statement.