Delphi Anthology/aDELPHI.iso/TeamSource/License.txt

Text File | 1999-08-10 | 9KB | 187 lines

BORLAND TEAMSOURCE

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
TEAMSOURCE
Inprise grants to you as an individual, a personal,
nonexclusive license to install and use the Software for your
own data processing needs.  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.

LIMITED WARRANTY
Except with respect to the Redistributables, if any, 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
subparagraph (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 License Agreement may only be modified in writing
signed by you and an authorized officer of Inprise.  All terms
of any purchase order or other ordering document shall be
superseded by this License Agreement.  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.

This License Agreement shall be construed, interpreted and
governed by the laws of the State of California, U.S.A.  This
License Agreement 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 License Agreement.