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- Inprise Corporation
- TRIAL EDITION SOFTWARE
- License Statement
-
- YOUR USE OF THE TRIAL EDITION SOFTWARE DISTRIBUTED WITH THIS
- LICENSE IS SUBJECT TO ALL OF THE TERMS AND CONDITIONS OF
- THIS LICENSE STATEMENT. IF YOU DO NOT AGREE TO ALL OF THE
- TERMS AND CONDITIONS OF THIS STATEMENT, DO NOT USE THE
- SOFTWARE.
-
- 1. This Software is protected by copyright law and
- international copyright treaty. Therefore, you must treat
- this Software just like a book, except that you may copy it
- onto a computer to be used and you may make archive copies
- of the Software for the sole purpose of backing up our
- Software and protecting your investment from loss. Your use
- of this software is limited to evaluation and trial use
- purposes only.
-
- FURTHER, THIS SOFTWARE CONTAINS A TIME-OUT FEATURE THAT
- DISABLES ITS OPERATION AFTER A CERTAIN PERIOD OF TIME. A
- TEXT FILE DELIVERED WITH THE SOFTWARE WILL STATE THE TIME
- PERIOD AND/OR SPECIFIC DATE("EVALUATION PERIOD") ON WHICH
- THE SOFTWARE WILL EXPIRE. Though Inprise does not offer
- technical support for the Software, we welcome your
- feedback.
-
- If the Software is an Inprise development tool, you can
- write and compile applications for your own personal use on
- the computer on which you have installed the Software, but
- you do not have a right to distribute or otherwise share
- those applications or any files of the Software which may be
- required to support those applications. APPLICATIONS THAT
- YOU CREATE MAY REQUIRE THE SOFTWARE IN ORDER TO RUN. UPON
- EXPIRATION OF THE EVALUATION PERIOD, THOSE APPLICATIONS WILL
- NO LONGER RUN. You should therefore take precautions to
- avoid any loss of data that might result.
-
-
- 2. INPRISE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF
- THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE
- ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS
- PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES,
- INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
- PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS SOFTWARE IS
- PROVIDED GRATUITOUSLY AND, ACCORDINGLY, INPRISE SHALL NOT BE
- LIABLE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY YOU OR
- ANY USER OF THE SOFTWARE. INPRISE WILL NOT SUPPORT THIS
- SOFTWARE AND IS UNDER NO OBLIGATION TO ISSUE UPDATES TO THIS
- SOFTWARE.
-
- 3. While Inprise intends to distribute (or may have already
- distributed) a commercial release of the Software, Inprise
- reserves the right at any time to not release a commercial
- release of the Software or, if released, to alter prices,
- features, specifications, capabilities, functions, licensing
- terms, release dates, general availability or other
- characteristics of the commercial release.
-
- 4. Title, ownership rights, and intellectual property rights
- in and to the Software shall remain in Inprise and/or its
- suppliers. You agree to abide by the copyright law and all
- other applicable laws of the United States including, but
- not limited to, export control laws. 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 decipher,
- decompile, disassemble or reverse engineer the Software,
- except to the extent applicable laws specifically prohibit
- such restriction.
-
- 5. Upon expiration of the Evaluation Period, you agree to
- destroy or erase the Software, and to not re-install a new
- copy of the Software. This statement shall be governed by
- and construed in accordance with the laws of the State of
- California and, as to matters affecting copyrights,
- trademarks and patents, by U.S. federal law. This statement
- sets forth the entire agreement between you and Inprise.
-
- 6. Use, duplication or disclosure by the Government is
- subject to restrictions set forth in subparagraphs (a)
- through (d) of the Commercial Computer-Restricted Rights
- clause at FAR 52.227-19 when applicable, or in subparagraph
- (c) (1) (ii) of the Rights in Technical Data and Computer
- Software clause at DFARS 252.227-7013, and in similar
- clauses in the NASA AR Supplement. Contractor/manufacturer
- is Inprise Corporation, 100 Enterprise Way, Scotts Valley,
- CA 95066.
-
- 7. You may not download or otherwise export or reexport the
- Software or any underlying information or technology except
- in full compliance with all United States and other
- applicable laws and regulations. In particular, but without
- limitation, none of the Software or underlying information
- or technology may be downloaded or otherwise exported or
- reexported (i) into (or to a national or resident of) Cuba,
- Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, or Syria
- or (ii) to anyone on the US Treasury Department's list of
- Specially Designated Nationals or the US Commerce
- Department's Table of Deny Orders. By downloading the
- Software, you are agreeing to the foregoing and you are
- representing and warranting that you are not located in,
- under control of, or a national or resident of any such
- country or on any such list.
-
- 8. INPRISE OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR (a)
- INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF
- ANY SORT, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE,
- EVEN IF INPRISE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH
- DAMAGES, OR (b) FOR ANY CLAIM BY ANY OTHER PARTY. THIS
- LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
- DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW
- PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT
- ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
- CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY
- NOT APPLY TO YOU.
-
- 9. 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.
-