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- BORLAND DELPHI
-
- INPRISE 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 Inprise
- Corporation ("Inprise") 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
- THE 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.
-
- Upon your acceptance of the terms and conditions of the
- License Agreement, Inprise grants you the right to use the
- Software in the manner provided below.
-
- This Software is owned by Inprise 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 the License Agreement.
- Except as provided in the License Agreement, 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 Inprise 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.
-
- If you have purchased an upgrade version of the Software,
- it constitutes a single product with the Inprise software
- that you upgraded. You may use or transfer the upgrade
- version of the Software only in accordance with the License
- Agreement.
-
- This Software is subject to U.S. Commerce Department export
- restrictions, and is intended for use in the country into
- which Inprise sold it (or in the EEC, if sold into the
- EEC).
-
- ADDITIONAL LICENSE TERMS FOR BORLAND DELPHI
- Inprise grants to you as an individual, a personal, non-
- exclusive 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, Inprise 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 (including byte-code 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.
-
- Inprise 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 Inprise 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
- Inprise. From time to time, Inprise 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. Regardless of any modifications
- which you make and regardless of how you might compile,
- link, and/or package your programs, 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
- programs 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 programs created with
- the Software. In particular, you may not share copies of
- the Redistributables with other co-developers. You may not
- reproduce or distribute any Inprise documentation without
- Inprise'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 Inprise copyright notice that appears on the
- Software; (ii) you may not remove or alter any Inprise
- copyright, trademark or other proprietary rights notice
- contained in any portion of Inprise libraries, source code,
- Redistributables or other files that bear such a notice;
- (iii) Inprise 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 Inprise for
- such services or assistance; (iv) you will indemnify and
- hold Inprise, 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 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
- programs, the libraries (including runtime libraries),
- code, Redistributables, and/or other files of the Software
- (including any portions thereof) may not be used in
- programs created by your end users (i.e., users of your
- programs) and may not be further redistributed by your end
- users; and (viii) you may not use Inprise'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.
-
- 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 the License Agreement.
-
- All Inprise libraries, source code, Redistributables and
- other files remain Inprise's exclusive property. Regardless
- of any modifications that you make, you may not distribute
- any files (particularly Inprise source code and other non-
- executable files) except those that Inprise has expressly
- designated as Redistributables. Nothing in the License
- Agreement permits you to derive the source code of files
- that Inprise 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 or byte code that is entirely your
- own. Source code which you generate with an Inprise source
- code generator, such as an Application Wizard, is
- considered by Inprise to be your code.
-
- Contact Inprise for the applicable royalties due and other
- licensing terms for all other uses and/or distribution of
- the Redistributables.
-
- ADDITIONAL LICENSE TERMS FOR BORLAND DATABASE ENGINE
- For redistributing programs which include Redistributables
- of the Software identified as BORLAND DATABASE ENGINE
- ("BDE Redistributables"), your programs may not be a
- general purpose database program or otherwise generally
- competitive with or a substitute for Paradox, dBASE, or the
- Borland Database Engine. Further, 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 Inprise has certified for deploying
- applications using the BDE Redistributables or a subset
- thereof. You may not circumvent any integrity and/or
- versioning checks required for correctly installing the BDE
- Redistributables.
-
- ADDITIONAL LICENSE TERMS FOR DEPLOYING MULTI-TIER PROGRAMS
- This version of the software may include redistributable
- files identified as "ClientDataset Redistributables" for
- creating multi-tier application programs. Installation and
- use of the ClientDataset Redistributables for supporting
- data sharing among two or more computers requires purchase
- of a MIDAS Deployment License, available separately from
- Inprise; please refer to the on-line documentation,
- including DEPLOY.TXT, for contact information. "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. Note that purchase of a MIDAS Deployment
- License is not required for deploying an application which
- does not use ClientDataset Redistributables for supporting
- such data sharing among computers.
-
- LIMITED WARRANTY
- Except with respect to the Redistributables, which are
- provided "as is," without warranty of any kind, Inprise
- 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.
-
- Inprise's and its suppliers' entire liability and your
- exclusive remedy shall be, at Inprise's option, either (a)
- return of the price paid, or (b) repair or replacement of
- the Software that does not meet Inprise's Limited Warranty
- and which is returned to Inprise with a copy of your
- receipt. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED
- THE INPRISE 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 Inprise are available without
- proof of purchase from an authorized non-U.S. source.
-
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INPRISE
- 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. THIS LIMITED WARRANTY GIVES YOU
- SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM
- STATE/JURISDICTION TO STATE/JURISDICTION.
-
- LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY
- APPLICABLE LAW, IN NO EVENT SHALL INPRISE OR ITS SUPPLIERS
- BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
- CONSEQUENTIAL 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 THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO
- PROVIDE SUPPORT SERVICES, EVEN IF INPRISE HAS BEEN ADVISED
- OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, INPRISE'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 AN INPRISE
- SUPPORT SERVICES AGREEMENT, INPRISE'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.
-
- 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"). Inprise
- 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 Inprise Corporation, 100 Enterprise Way,
- Scotts Valley, CA 95066.
-
- GENERAL PROVISIONS
- This statement may only be modified in writing signed by
- you and an authorized officer of Inprise. 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. Inprise reserves all rights not specifically
- granted in this statement.
-
-