PC Pro 2005 June (DVD)/DPPRO0605DVD.iso/LICENSE.TXT

Text File | 2004-10-22 | 38.2 KB | 824 lines

BORLAND SOFTWARE CORPORATION

LICENSE TERMS

BORLAND« DELPHI« 2005 ARCHITECT
BORLAND« DELPHI« 2005 ARCHITECT EDUCATION
BORLAND« DELPHI« 2005 ARCHITECT TRIAL
BORLAND« DELPHI« 2005 ENTERPRISE
BORLAND« DELPHI« 2005 PROFESSIONAL
BORLAND« DELPHI« 2005 PROFESSIONAL EDUCATION
BORLAND« DELPHI« 2005 PERSONAL

NOTICE: THIS BORLAND SOFTWARE PRODUCT (TOGETHER WITH
ITS ACCOMPANYING DOCUMENTATION, THE "PRODUCT") IS THE
PROPERTY OF BORLAND SOFTWARE CORPORATION ("BORLAND").
THE PRODUCT IS MADE AVAILABLE TO YOU, THE ORIGINAL
PURCHASER, SUBJECT TO THE FOLLOWING LICENSE AGREEMENT
("LICENSE").  PLEASE READ THIS LICENSE CAREFULLY BEFORE
INSTALLING OR USING THE PRODUCT.  A COPY OF THIS
LICENSE IS AVAILABLE FOR YOUR FUTURE REFERENCE IN THE
"LICENSE.TXT" FILE PROVIDED WITH THE PRODUCT.

YOU MAY ACCEPT THIS LICENSE BY INDICATING YOUR
ACCEPTANCE BELOW.  YOU MAY REJECT THIS LICENSE, AND
TERMINATE THIS INSTALLATION PROCESS, BY INDICATING YOUR
REJECTION OPTION BELOW.  IF YOU DO NOT ACCEPT THIS
LICENSE, THEN YOU MAY NOT INSTALL OR USE THE PRODUCT.
IN THAT CASE, YOU MAY, WITHIN TEN (10) DAYS AFTER YOU
FIRST RECEIVED THE PRODUCT, RETURN IT TO BORLAND OR
YOUR BORLAND AUTHORIZED RESELLER, ALONG WITH ITS
ORIGINAL PACKAGING AND PROOF-OF-PURCHASE, FOR A FULL
REFUND.  ANY USE BY YOU OF THIS PRODUCT ALSO
CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.

Borland is only willing to grant you this License if
you obtained the Product from Borland or a Borland
authorized reseller. If you obtained the Product from
any other source you may not install or use the
Product.

1.  OWNERSHIP.  The Product is proprietary to Borland.
The Product is licensed, not sold, to you
notwithstanding any reference herein to "purchases."
You acknowledge and agree that:  (a) the Product is
protected under U.S. copyright and other laws; (b)
Borland and its licensors retain all copyrights and
other intellectual property rights in the Product; (c)
there are no implied licenses under this License, and
any rights not expressly granted to you hereunder are
reserved by Borland; (d) you acquire no ownership or
other interest (other than your license rights) in or
to the Product; and (e) Borland owns all copies of the
Product, however made.  You agree that you will not, at
any time, contest anywhere in the world BorlandÆs
ownership of the Product, nor will you challenge the
validity of Borland's rights in the Product.  You have
no rights hereunder to use any trademark or service
mark belonging to Borland.

2.  GRANT OF LICENSE AND SCOPE OF USE.

2.1  Licenses. For each license that you acquire to use
the Product, you will be provided with a License
Certificate (a "License Certificate"), which may be
either a certificate, the installation and licensing
instructions, your invoice, or an activation file and
which may be provided to you either with the Product
media or separately by Borland or its authorized
distributors or resellers.  The License Certificate
will contain information specific to the edition of the
Product that you have licensed (Architect, Architect
Education, Enterprise, Professional, Professional
Education or Personal), the type of license under which
you may use the Product and the number of licenses that
you have acquired.  In order to activate and use the
Product as set forth in this License Agreement, you
must follow the instructions when prompted by the
Product.  The types of licenses you may acquire are an
Evaluation License, a Personal License, and a Named
User License, all defined in this Section 2 of this
License Agreement. Unless your License Certificate
identifies your acquisition of another license type,
you have acquired a Named User License.  For more
information on which license types, if any, should be
included with the Product media you should contact
Borland or your Borland authorized distributor or
reseller.

2.2 Evaluation License.  The terms of this Section 2.2
are applicable to you only if you have acquired an
Evaluation License for the Trial or Download  editions,
as defined below, for the Product directly  from
Borland or a Borland authorized distributor or
reseller. In order to evaluate the Product, you may
install the Product, as outlined below, on a temporary
basis for trial, evaluation, non-commercial purposes
only (the "Evaluation Period").  The Evaluation Period
is limited to the greater of the period of time
specified to you by Borland or thirty (30) days from
the date the Product is installed.  At the end of the
Evaluation Period your license to use the Product
expires.  During the Evaluation Period, Borland grants
you the personal, nonexclusive, nontransferable and
limited license to use the Product solely for
evaluation purposes.  THE PRODUCT CONTAINS A TIME-OUT
FEATURE THAT DISABLES ITS OPERATION AFTER THE
EXPIRATION OF THE EVALUATION PERIOD.  APPLICATIONS THAT
YOU CREATE DURING THE EVALUATION PERIOD MAY REQUIRE THE
PRODUCT IN ORDER TO RUN. UPON EXPIRATION OF THE
EVALUATION PERIOD, THOSE APPLICATIONS MAY NO LONGER
RUN.  YOU SHOULD THEREFORE TAKE PRECAUTIONS TO AVOID
ANY LOSS OF DATA THAT MIGHT RESULT.  In order to use
the Product after the Evaluation Period, you must
obtain from Borland, or its authorized distributors or
resellers a License Certificate outlining the number
and type of grants of a license to use the Product in
accordance with the terms and conditions of this
License Agreement.  You may not use the Product during
the Evaluation Period for any commercial, business,
governmental or institutional purpose of any kind. At
the end of the Evaluation Period, further use of the
Product by you is prohibited without the purchase of a
commercial license to obtain a License Certificate.  If
you do not purchase a license for the Product at the
end of the Evaluation Period, you hereby agree to
permanently remove or delete the Product from all
computer systems, including Servers, as defined below,
and workstations, on which it was installed and destroy
any software and documentation received, and not to
reinstall the Product. If you desire to continue to use
the Product following the Evaluation Period, you should
contact Borland or a Borland authorized distributor or
reseller to order commercial licenses to use the
Product.

2.3 Named User License.  The terms of this Section 2.3
are applicable to you only if you have acquired a Named
User License, as defined below, for the Architect,
Architect Education, Enterprise, Professional or
Professional Education edition of the Product, directly
from Borland or a Borland authorized distributor or
reseller. Subject to the terms and conditions of this
License, Borland grants to you, if you are an
individual, or, if you are an entity, one (1)
designated person in your organization ("Named User") a
personal, nonexclusive, nontransferable and limited
license to use the Product solely for your own internal
purposes. You may purchase from Borland or a Borland
authorized distributor or reseller additional licenses
to permit multiple Named Users to use the Product
(each, a "Named User License").  The foregoing Named
User Licenses shall be for access and use, only by the
equivalent number of Named Users for whom you have paid
the applicable license fees and obtained a License
Certificate. The Product may be used exclusively by the
specifically designated Named Users, subject to all the
terms and conditions of this License Agreement.  You
agree that you will not designate more Named Users than
the number of Named User Licenses that Borland or a
Borland authorized distributor or reseller has
expressly granted to you and you will not allow the
Product to be used by any individuals other than the
Named Users designated by you from time to time. You
may install the Product on a reasonable number of
machines provided that the Named User is the only
individual permitted to use the Product.  Subject to
the other terms and conditions of this License, you may
make a reasonable number of copies of the Product to
backup devices such as hard disks, optical media, or
tape and one (1) physical CD media backup copy of the
Product solely to replace the original copy provided to
you if the original copy is damaged or destroyed. All
rights not specifically granted to you herein are
retained by Borland.

2.4  Personal License.  The terms of this Section 2.4
are applicable to you only if you have acquired a
Personal License, as defined below, for the Personal
edition of the Product directly from Borland or a
Borland authorized distributor or reseller. Subject to
the terms and conditions of this License, Borland
grants to you, if you are an individual only ("Named
User") a personal, nonexclusive, nontransferable and
limited license to use the Product solely to create,
compile (including byte code compile), test and deploy,
in source or object code form, your own application
programs and other works ("Works") solely for personal
use. You may use the Product or any Works for any
commercial or business purpose ("Commercial Purpose")
provided that you are an Individual.  Subject to the
other terms and conditions of this Agreement, you may
distribute your Works to others.  If you are an entity,
you may not obtain a Personal License.

3.  GENERAL TERMS THAT APPLY TO COMPILED PROGRAMS AND
REDISTRIBUTABLES.

3.1 Redistributables.  The Product may include certain
files, libraries and/or source code specifically
designated as "redistributables" by Borland in the
accompanying printed or on-line documentation and that
are necessary to use Works created using the Product
("Redistributables"). From time to time, Borland may
designate other files as Redistributables. You should
refer to the documentation, including any "readme" or
"deploy" files provided with the Product, for
additional information regarding Redistributables.
Subject to the terms and conditions of this License,
you may freely redistribute source code or compiled
code that is entirely your own and does not contain any
Redistributables.

3.2 Licensing of Redistributables.  Subject to the
terms and conditions of this License including the
restrictions of Section 3.3, Borland grants you the
personal, nonexclusive, nontransferable, and limited
license to: (a) make exact copies of the
Redistributables and distribute those copies solely as
components of your Works and solely as required for
permitting end users of the Works ("End Users") to
install and execute the Works; (b) install and execute
Redistributables, without modification, on computers
that you own or possess solely for your own internal
use; and (c) sublicense to your End Users the personal,
nonexclusive, nontransferable right to install and
execute Redistributables, without modification, solely
as components of Works and solely for such End UsersÆ
own internal use, subject to End UsersÆ compliance with
the restrictions in Section 5 as to Redistributables.
The rights granted to you under this Section 3.2 may
not be exercised by others, including co-developers,
regardless of how you might compile, link, or package
your Works.  These rights apply only to
Redistributables and to no other file, library, source
code or other component or derivative work of the
Product.  They may be exercised only with respect to
Works created by you using a duly licensed, properly
registered copy of the Product.

3.3 Certain Restrictions.  Regardless of any
modifications that you make and regardless of how you
might compile, link, or package your Works: (a) except
as provided in Section 3.6, you may not permit your End
Users to modify or further distribute Redistributables
or use Redistributables in any program that they
create; (b) you may not use Borland's or any of its
suppliers' names, logos, or trademarks to market your
Works, except to state descriptively that your Work was
written using the Product; (c) all copies of the Works
you create must bear a valid copyright notice, either
your own or the Borland copyright notice that appears
on the Product, and you may not remove or alter any
Borland copyright, trademark or other proprietary
rights notice contained in any portion of the
Redistributables; and (d) you may only distribute
Redistributables with Works that add primary and
substantial functionality to the Redistributables and
are not merely a set or subset of any of the
Redistributables, and that are created in accordance
with the terms of this License.

3.4 Relationship with End Users.  Except as set forth
in Section 4, there are no third party beneficiaries to
this License.  Consequently, Borland provides no
warranty at all to any person, other than the limited
warranty provided to you the original purchaser of the
Product, as set forth herein, and you will be solely
responsible to your End Users (or anyone else who uses
or acquires Works) for support, service, upgrades, or
technical or other assistance (including with respect
to any Redistributables included therein), and such
persons will have no right to contact Borland for any
services or assistance.  You will indemnify, defend and
hold Borland, its licensors, its suppliers and each of
their respective employees, officers, directors and
affiliates, harmless from and against any claims or
liabilities arising out of or related to the use,
procurement, reproduction or distribution of your Works
by third parties.

3.5 Third Party Software.  The Product, including
Redistributables, may include source code,
redistributable files, and/or other files provided by a
third party vendor ("Third Party Product"). Since use
of Third Party Product 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 Product 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 this License.

3.6 Provisions Applicable to Component Developers. For
the purpose of this Section 3.6, the following terms
have the following meanings:

"Component" means a program module or object, developed
by you using the Product, that is designed to
interoperate with other program modules/objects
developed by others using a different development
environment.

"Component Customer" means an individual or entity that
procures Components from you for the purposes of: (i)
integrating such Components with program
modules/objects developed using a different development
environment; and (ii) distributing such integrated
products to their End Users.

"Component Developer" means an individual or entity
that uses the Product to develop Components for
distribution to Component Customers.

If you are a Component Developer, you may (i)
distribute copies of the Redistributables to your
Component Customers, and (ii) grant them the right to
distribute copies of the Redistributables along with
both your Components and their Works to their End Users
only if you have first entered into an agreement with
each such Component Customer that conforms to this
Section 3.6 and contains the following provisions
(enumerated as appropriate to the context):

3.6.1 Sublicensing of Redistributables. Subject to the
terms and conditions of this section, including the
restrictions of Section 3.6.2, [insert Component
Developer name] grants you the personal, nonexclusive,
nontransferable, and limited sublicense to: (a) make
exact copies of the Redistributables and distribute
those copies solely in conjunction with your works that
embody components procured from [insert Component
Developer name] ("Works"), solely as required for
permitting end users of the Works ("End Users") to
install and execute the Works; (b) install and execute
Redistributables, without modification, on computers
that you own or possess solely for your own internal
development use; and (c) further sublicense to your End
Users the personal, nonexclusive, nontransferable right
to install and execute Redistributables, without
modification, solely as components of your Works and
solely for such End UsersÆ own internal use, subject to
End UsersÆ compliance with the restrictions in Section
3.6.4 as to Redistributables.

3.6.2 Certain Restrictions. Regardless of any
modifications that you make and regardless of how you
might compile, link, or package your Works: (a) you may
not permit your End Users to modify or further
distribute Redistributables or use Redistributables in
any program that they create; (b) you may not use
Borland's or any of its suppliers' names, logos, or
trademarks to market your Works, except to state
descriptively that your Work was written using the
Product; (c) all copies of the Works you create must
bear a valid copyright notice, either your own or the
Borland copyright notice that appears on the Product,
and you may not remove or alter any Borland copyright,
trademark or other proprietary rights notice contained
in any portion of the Redistributables; and (d) you may
only distribute Redistributables with Works that add
primary and substantial functionality to the
Redistributables and are not merely a set or subset of
any of the Redistributables.

3.6.3 No Warranties. Borland provides no warranty at
all to you or to any other person, You will be solely
responsible to your End Users (or anyone else who uses
or acquires Works) for support, service, upgrades, or
technical or other assistance (including with respect
to any Redistributables included therein), and such
persons will have no right to contact Borland for any
services or assistance. You will indemnify, defend and
hold Borland, its licensors, its suppliers and each of
their respective employees, officers, directors and
affiliates, harmless from and against any claims or
liabilities arising out of or related to the use,
procurement, reproduction or distribution of your Works
by third parties.

3.6.4 You may not: (a) modify, adapt, alter, translate,
or create derivative works of the Redistributables; (b)
lease, rent or loan the Redistributables to any third
party; (c) sublicense, distribute or otherwise transfer
the Redistributables or any component thereof to any
third party except as expressly authorized in this
section; (d) reverse engineer, decompile, disassemble,
or otherwise attempt to derive the source code of the
Redistributables; (e) remove, alter, or obscure any
confidentiality or proprietary notices (including
copyright and trademark notices) of Borland or its
suppliers on the Redistributables; (f) allow third
parties to access or use the Redistributables such as
in a time-sharing arrangement or use the
Redistributables as part of a service bureau or
otherwise for the use or benefit of third parties; (g)
reproduce or use the Redistributables except as
expressly authorized under this section; or (h)
disclose or publish performance benchmark results for
the Redistributables. Furthermore, you may not permit
your End Users to conduct the restricted activities
limited by items (a) through (e), (g) and (h) above
insofar as they apply to Redistributables, and such End
UserÆs sublicense rights to the Redistributables are
conditioned upon compliance with such limitations. The
limitations in this Section apply equally to your use
of the Redistributables, in whole or in part, including
any component or Redistributables.

3.7 Other Rights.  Contact Borland for the applicable
royalties due and other licensing terms for all other
uses or distribution of the Redistributables.

4.  SPECIAL TERMS. The following terms and conditions
("Special Terms") are specific to certain editions,
versions and components of the Product and are in
addition to the provisions of Sections 2 and 3.  If any
provision of the Special Terms applicable to the
Product conflicts with any other provision of this
License, then the provision of the Special Terms will
supersede and control.

4.1 SPECIAL TERMS THAT APPLY TO BORLAND DELPHI 2005
ARCHITECT, BORLAND DELPHI 2005 ARCHITECT EDUCATION,
BORLAND DELPHI 2005 ENTERPRISE, BORLAND DELPHI 2005
PROFESSIONAL, AND BORLAND DELPHI 2005 PROFESSIONAL
EDUCATION.

ADDITIONAL LICENSE TERMS FOR INTERBASE.  The portion of
the Product identified as InterBase is not a
Redistributable and is licensed for development
purposes only.  This License does not permit you to use
the InterBase portion of this Product for any
commercial, business, governmental institutional or
other purpose of any kind, other than development and
testing of Works.  You must purchase a separate
InterBase deployment license from Borland before
deploying or distributing any Work that uses InterBase.

4.2 ADDITIONAL LICENSE TERMS APPLICABLE TO SOFTWARE
LICENSED FOR EDUCATIONAL USE

Subject to the terms and conditions of this License,
you may exercise your rights under this license to use
the Product and to create Works solely for your own
personal use in providing or receiving instruction
within the limited scope of guided computer programming
and/or software training courses in which you are a
direct and personal participant, either as student or
instructor ("Courses"). You may only reproduce,
distribute and use Works, in source or object code
form, to other participants of the Courses and then
only for educational or training purposes. You may not
use the Products or Works created with the products for
any commercial, business, governmental or institutional
purpose of any kind, except to the extent you are an
instructor teaching a Course. All rights not
specifically granted to you herein are retained by
Borland.

4.3 ADDITIONAL LICENSE TERMS APPLICABLE TO THIRD PARTY
SOFTWARE

Certain components of the Product use or incorporate
third-party software programs and/or libraries ("Third-
Party Software") which are loaded (in both object and
source code form) on the Product media. You agree that
BorlandÆs third- party licensors and suppliers are
intended third party beneficiaries of all terms and
conditions of this License intended to protect
intellectual property rights in the Product (including
the Third-Party Software) and limit certain uses
thereof.

4.4 ADDITIONAL LICENSE TERMS FOR ACCOMPANYING PRODUCTS
IN BORLAND DELPHI 2005 ARCHITECT, BORLAND DELPHI 2005
ACRHITECT EDUCATION, BORLAND DELPHI 2005 ENTERPRISE,
BORLAND DELPHI 2005 PROFESSIONAL AND BORLAND DELPHI
2005 PROFESSIONAL EDUCATION: BORLAND DATA PROVIDER.

The Product may contain other Borland and third party
products ("Accompanying Products"), including the
Borland Data Provider ("BDP") and its component parts.
Accompanying Products owned by third parties are
subject to separate license terms from the owner of
such Accompanying Product which license terms are on
the media containing such Accompanying Products and
which may be viewed and accepted at the time such
Accompanying Products are installed.

BORLAND DELPHI 2005 ARCHITECT, BORLAND DELPHI 2005
ARCHITECT EDUCATION and BORLAND DELPHI 2005 ENTERPRISE:
Subject to the terms and conditions Of this License,
Borland grants to you as the licensed user of the
Product the limited right to use that portion of the
Product identified as "BDP", in executable form only,
to access either a local database installed on the same
machine as the Product or on a server for use with the
Product.

BORLAND DELPHI 2005 PROFESSIONAL and BORLAND DELPHI
2005 PROFESSIONAL EDUCATION: Subject to the terms and
conditions of this License, Borland grants to you as
the licensed user of the Product the limited right to
use that portion of the Product identified as "BDP", in
executable form only, to access a local database
installed on the same machine as the Works.  You may
not use that portion of the Product identified as "BDP"
in association with a database located on a different
machine other than the machine on which the Works are
installed.

5.  LIMITATIONS.  You may not:  (a) modify, adapt,
alter, translate, or create derivative works of the
Product or merge the Product with other software other
than as described in the ProductÆs accompanying
documentation or as approved of in writing by Borland;
(b) lease, rent or loan the Product to any third party;
(c) sublicense, distribute or otherwise transfer the
Product or any component thereof to any third party
except as expressly authorized in this Agreement; (d)
reverse engineer, decompile, disassemble, or otherwise
attempt to derive the source code of the Product; (e)
remove, alter, or obscure any confidentiality or
proprietary notices (including copyright and trademark
notices) of Borland or its suppliers on the Product;
(f) allow third parties to access or use the Product
such as in a time-sharing arrangement or operate the
Product as part of a service bureau or, except as
expressly authorized under Sections 2, 3 or 4,
otherwise for the use or benefit of third parties; (g)
reproduce or use the Product except as expressly
authorized under Sections 2, 3 or 4; or (h) disclose or
publish performance benchmark results for the Product.
The rights granted under this License apply only to
this Product.  You must procure a separate license to
use other Borland software.  Furthermore, you may not
permit your End Users to conduct the restricted
activities limited by items (a) through (e), (g) and
(h) above insofar as they apply to Redistributables,
and such End UserÆs sublicense rights to the
Redistributables are conditioned upon compliance with
such limitations.  The limitations in this Section 5
apply equally to your use of the Product, in whole or
in part, including any component or Redistributable.

6.  LIMITED WARRANTY AND DISCLAIMER.  Borland warrants
to you, the original purchaser, and to no other party,
that any physical media included with the Product, as
and when provided to you, will be free of physical
defects in materials and workmanship for a period of
ninety (90) days after the date that you initially
acquire the Product. Your exclusive remedy and
Borland's sole liability for breach of this warranty is
that Borland will replace any defective media returned
to Borland within the ninety (90) day warranty period.
This warranty does not apply to damages resulting from
misuse, abuse or neglect.  Any replacement media will
be warranted as above for the remainder of the original
warranty period or twenty (20) days from the date we
ship it to you, whichever is longer. EXCEPT FOR THIS
EXPRESS LIMITED WARRANTY, THE PRODUCT IS PROVIDED "AS
IS" AND WITHOUT WARRANTY OF ANY KIND.  BORLAND HEREBY
EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY
WARRANTIES, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS OR
QUIET ENJOYMENT.  THERE IS NO WARRANTY THAT THE PRODUCT
WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT
INTERRUPTION.  YOU ASSUME THE ENTIRE RISK FOR THE
RESULTS OBTAINED USING THE PRODUCT.  TO THE EXTENT THAT
BORLAND MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF
APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY
WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.  THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH
VARY FROM STATE TO STATE.

7.  SERVICES; UPDATES; PRODUCT CHANGES.  Borland is not
required under this License to provide any
installation, training or other services to you. Such
services, if available, must be purchased separately.
If, pursuant to a separate support agreement or
otherwise, Borland provides you with a new release,
error correction, update, upgrade or other modification
to the Product, such modification will be deemed part
of the Product, and subject to the terms of this
License, unless the modification is expressly provided
subject to a separate license agreement. Borland
reserves the right at any time not to release or to
discontinue release of any Product and to alter prices,
features, specifications, capabilities, functions,
licensing terms, release dates, general availability or
other characteristics of any future releases of the
Product.

8.  REGISTRATION.  You must register the Product with
Borland as a condition to your rights to use the
Product.  You will be prompted to register the Product
at the time of your installation or first use of the
Product, at which time you will be notified (or
directed to online resources explaining) how
registration information provided by you may be used
and you will be afforded the opportunity to opt out of
certain uses of such information.

9.  CONFIDENTIALITY.  You acknowledge that the Product
in source code form remains a confidential trade secret
of Borland.  You agree to hold this information in
confidence, not disclose it to any person, and not use
it for any purpose other than the use and operation of
the Product as permitted under this License.

10. LIMITATION OF LIABILITY.  IN NO EVENT WILL BORLAND
BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING ANY LOSS OF PROFIT, REVENUE, BUSINESS
OPPORTUNITY OR DATA, ARISING FROM OR RELATING TO THIS
LICENSE OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR
OTHERWISE, EVEN IF BORLAND KNEW, SHOULD HAVE KNOWN OR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BORLANDÆS TOTAL CUMULATIVE LIABILITY ARISING FROM OR
RELATED TO THIS LICENSE OR THE PRODUCT, WHETHER IN
CONTRACT, IN TORT OR OTHERWISE, WILL NOT EXCEED THE
FEES ACTUALLY PAID BY YOU UNDER THIS LICENSE.  THIS
SECTION 10 WILL APPLY EVEN IF AN EXCLUSIVE REMEDY
HEREUNDER HAS FAILED OF ITS ESSENTIAL PURPOSE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

11. THIRD PARTY CLAIMS.  Borland will defend and settle
any suit brought against you by a third party (not your
affiliate) based on a claim that the Product infringes
upon any U.S. copyright and Borland will pay those
costs and damages finally awarded against you in such
suit that are specifically attributable to such claims
or those amounts payable by you under a settlement of
such suit. The foregoing obligations are conditioned on
you:  (a) notifying Borland promptly in writing of such
action; (b) giving Borland sole control of the defense
thereof and any related settlement negotiations; and
(c) cooperating and, at BorlandÆs request and expense,
assisting in such defense. If the Product becomes, or
in BorlandÆs opinion is likely to become, the subject
of an infringement claim that Borland is required to
defend, then Borland may (at its option and expense)
either:  (a) procure for you the right to continue
using the Product; (b) replace or modify the Product so
that it becomes non-infringing; or (c) terminate this
License and your rights hereunder to use the Product
and refund a pro rata portion of any license fee you
paid under this License, based on a three (3) year
product life. Notwithstanding the foregoing, Borland
will have no obligation under this Section 11 or
otherwise with respect to any infringement claim based
upon:  (a) any use of the Product not in accordance
with this License or the products accompanying
documentation: (b) any use of the Product in
combination with other products, equipment, software,
or data not provided by Borland; (c) any use of any
version of the Product other than the most current
version made available to you; or (d) any modification
of the Product by any person other than Borland or its
authorized agents ("Excluded Claims"). You will
indemnify Borland against all liability, damages and
costs (including reasonable attorneysÆ fees) resulting
from or related to an Excluded Claim. This section 11
states BorlandÆs entire liability and your sole and
exclusive remedy for third- party claims relating to
the Product.

12. TERM AND TERMINATION.

12.1  Term.  The term of this License will begin as of
the date that you receive the Product and will remain
in effect perpetually unless terminated under this
Section 12.

12.2  Termination for Convenience.  You may terminate
this License for any reason, or for no reason, by
giving Borland five (5) daysÆ written notice.

12.3  Termination for Cause.  Borland may terminate
this License if you breach your obligations hereunder.
Borland will effect such termination by giving you
notice of termination, specifying therein the alleged
breach.  If your breach is curable, you will have a
grace period of thirty (30) days after such notice is
served to cure the breach described therein.  If the
breach is cured within the thirty (30) day grace
period, then this License will remain in effect;
otherwise, this License will automatically terminate
upon the conclusion of the thirty (30) day grace
period.

12.4  Effect of Termination.  Upon the termination of
this License for any reason the following terms shall
apply:  (a) all rights granted under this License will
immediately terminate and you must stop all use of the
Product and any Redistributables; (b) you must return
to Borland or destroy all copies of the Product
provided to or made by you, and will, within ten (10)
days after the effective date of termination, provide
Borland with written certification that all such copies
have been returned or destroyed;; and (c) all
provisions of this License with the exception of the
licenses granted in Sections 2, 3 and 4, will survive
termination of this License for any reason.

13. GENERAL PROVISIONS.

13.1  Canadian Transactions.  If you are subject to
Canadian law, you agree to the following:

The parties hereto have expressly required that the
present License and its Exhibits be drawn up in the
English language. /  Les parties aux prΘsentes, ont
expressΘment exigΘ que la prΘsente Convention et ses
Annexes soient rΘdigΘes en langue anglaise.

13.2  Hazardous Uses.  The Product is not intended for
use, and you may not use or allow others to use the
Product, in connection with any application requiring
fail-safe performance such as the operation of nuclear
power facilities, air traffic control or navigation
systems, weapons control systems, life support systems,
or any other system whose failure could lead to injury,
death, environmental damage or mass destruction.  You
agree that Borland will have no liability of any
nature, and you are solely responsible, for any
expense, loss, injury or damage incurred as a result of
such use of the Product.

13.3  Governing Law.  This License will be governed by
and construed in accordance with the laws of the United
States and the State of California, without giving
effect to any conflicts or choice of laws principles
that would require the application of the laws of a
different jurisdiction.  The parties expressly exclude
the application of the 1980 United Nations Convention
on the International Sale of Goods (if applicable).

13.4  Entire License; Severability.   This License
constitutes the entire, final and exclusive agreement
between you and Borland regarding the specific license
transaction described herein.  If any provision of this
License is held to be illegal, invalid or unenforceable
for any reason, then such provision will be enforced to
the maximum extent permissible and the remainder of the
provisions of this License will remain in full force
and effect.

13.5  Assignment.  You may not transfer the Software
media, assign this License or assign any of your rights
or delegate any of your obligations under this License,
by operation of law or otherwise (including by merger,
sale of assets or consolidation), without BorlandÆs
prior written consent.  Any attempted assignment in
violation of this Section 13.5 will be void.

13.6  Export Control.  You may not directly or
indirectly transfer the Product, including its
documentation, to any country if such transfer would be
prohibited by applicable law, including the U.S. Export
Administration Act and the regulations issued
thereunder. You agree to the foregoing and you are
representing and warranting that you are not located
in, under the control of, or a national or resident of
any such country. You will be solely responsible for
identifying and complying with all laws of any
jurisdiction outside of the United States regarding the
import, export or use of Products and technical data
supplied by Borland.  You will obtain at your own
expense all licenses, permits or approvals required by
any government to use the Product.

13.7  U.S. Government Rights.  The Product is a
"commercial item" as that term is defined at 48 C.F.R.
2.101, consisting of "commercial computer software" and
"commercial computer software documentation" as such
terms are used in 48 C.F.R. 12.212.  Consistent with 48
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4, all U.S. Government end users acquire the
Product with only those rights set forth in this
License.

13.8  Waiver and Modifications.  All waivers must be in
writing.  Any waiver or failure to enforce a provision
of this License on one occasion shall not be deemed a
waiver of any other provision or such provision on any
other occasion.  This License may only be amended by a
written document signed by both parties.

If you would like to alter the type or usage parameters
of any license you have acquired from Borland, you must
first contact Borland to obtain written approval and
pricing for any such modifications to your license.

If you have any questions about this License, please
contact your Borland authorized reseller or Borland.
IF YOU AGREE TO THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT, please indicate your acceptance as
indicated below.  This will be the legal equivalent of
your signature on a written contract, and equally
binding. You must agree to these terms and conditions
in order to download and/or install the Software.  If
you do not agree with these terms and conditions, you
should indicate below that you do not accept, and exit
this process, as Borland is unwilling to license the
Software to you in such case, and you may return the
Product within ten (10) days after you first received
it to Borland or your Borland authorized reseller,
along with its original packaging and proof-of-
purchase, for a full refund.

Borland Software Corporation
100 Enterprise Way
Scotts Valley, CA 95066-3249