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- Borland International
- 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.
-
- 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 Borland does not offer technical support for the Software, we welcome
- your feedback.
-
- If the Software is a Borland 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.
-
-
- BORLAND 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, BORLAND SHALL NOT BE
- LIABLE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY YOU OR
- ANY USER OF THE SOFTWARE. BORLAND WILL NOT SUPPORT THIS
- SOFTWARE AND IS UNDER NO OBLIGATION TO ISSUE UPDATES TO THIS
- SOFTWARE.
-
- While Borland intends to distribute (or may have already distributed) a commercial
- release of the Software, Borland 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.
-
- Title, ownership rights, and intellectual property rights in and to the Software shall
- remain in Borland 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 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.
-
- 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 Borland.
-
- 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 Borland International, Inc., 100
- Borland Way, Scotts Valley, CA 95066.
-
- 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.
-
- BORLAND 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
- BORLAND 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.
-
- 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.
-
-
-