PC World 2008 April (DVD)/PCWorld_2008-04_DVD.iso/temadvd/delphi/Delphi7_Personal.exe/Delphi7_Personal/license.txt

Text File | 2002-08-09 | 29.7 KB | 656 lines

BORLAND SOFTWARE CORPORATION LICENSE TERMS

DELPHI 7 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 PLACING A CHECK IN THE
"I ACCEPT THE TERMS IN THE LICENSE AGREEMENT" BOX
BELOW.  YOU MAY REJECT THIS LICENSE, AND TERMINATE THIS
INSTALLATION PROCESS, BY PLACING A CHECK IN THE "I DO
NOT ACCEPT THE TERMS IN THE LICENSE AGREEMENT" BOX
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 Borland's 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 Grant of License.  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 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 not use the Product or any
  Work for any commercial, business, governmental or
  institutional purpose of any kind ("Commercial
  Purpose").  Subject to the other terms and conditions
  of this Agreement, you may distribute your Works to
  others but you may not receive any direct or indirect
  compensation for the distribution or use of your
  Works and the Works that you distribute to others may
  not be used for any Commercial Purpose.

If you use the Product or any Works for any Commercial
Purpose or permit others to do so, in breach of this
license grant, then you agree to purchase at the
then-current retail price, the number of licenses of
the then-current version of Delphi Professional that is
equal to the number of licenses of the Product in your
possession.

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.  You may also
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.

2.2 Multiple Licensed Copies.  You may purchase from
  Borland or its authorized reseller additional
  licenses to permit multiple Named Users to use the
  Product (each, a "Named User License").  Such rights
  will be effective only when granted in writing by
  Borland or its authorized reseller and are
  conditioned upon your payment of the applicable fees.
  If you purchase additional Named User Licenses for
  the Product then you are granted for each Named User
  License the personal, nonexclusive, nontransferable
  and limited license to designate one individual in
  your organization as the Named User and permit such
  Named User to install and use the Product solely as
  permitted under Section 2.1.  In such case, the
  Product may be used exclusively by the specifically
  designated Named Users, subject to all the terms and
  conditions of this License. You agree that you will
  not designate more Named Users than the number of
  Named User Licenses that Borland or its authorized
  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 agree to maintain accurate records
  of the Named User designated by you to use the
  Product under each Named User License you hold.

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, non-exclusive, non-transferable 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, non-exclusive, non-transferable right
  to install and execute Redistributables, without
  modification, solely as components of Works and
  solely for such End Users' own internal use, subject
  to End Users' 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) 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 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
supercede and control.

4.1 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.

4.2 ADDITIONAL LICENSE TERMS APPLICABLE TO EVALUATION
  SOFTWARE

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 for the sole purpose of
evaluating or demonstrating the Product.  Your license
is for a term of thirty (30) days from the date you
obtain the serial number and authorization key for the
Product or otherwise begin using the Product
("Evaluation Period").

You may not use the Product 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.  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
on which it was installed and destroy any software and
documentation received, and not to reinstall a new copy
of the Product. If you desire to continue to use the
Product following the Evaluation Period, you should
contact Borland or a Borland authorized reseller to
order commercial licenses to use the Product.

THE PRODUCT CONTAINS A TIME-OUT FEATURE THAT DISABLES
ITS OPERATION AFTER THE EXPIRATION OF THE EVALUATION
PERIOD.  WORKS THAT YOU CREATE DURING THE EVALUATION
PERIOD MAY REQUIRE THE PRODUCT IN ORDER TO RUN. UPON
EXPIRATION OF THE EVALUATION PERIOD, THOSE WORKS MAY NO
LONGER RUN.  YOU SHOULD THEREFORE TAKE PRECAUTIONS TO
AVOID ANY LOSS OF DATA THAT MIGHT RESULT.

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 Borland's 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 APPLICABLE TO UPGRADES

If you have purchased an upgrade version of the
Product, it constitutes a single product with the copy
of the Product that you upgraded.  This means that,
although you may have two sets of Product media, you
still have only one license.  Therefore, you may not
transfer the original copy of the Product to any other
party.

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 Product's 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 User's 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.  BORLAND'S 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 Borland's request and expense,
    assisting in such defense. If the Product becomes,
    or in Borland's 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 attorneys' fees) resulting
    from or related to an Excluded Claim. This section
    11 states Borland's 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) days' 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 Borland's 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 place a check in the "I
ACCEPT THE TERMS OF THE LICENSE AGREEMENT" box below.
This will be the legal equivalent of your signature on
a written contract and the terms of this license shall
be a legally binding agreement between you and Borland.
You must agree to these terms and conditions in order
to install and use the Product.  If you do not agree
with these terms and conditions, you should place a
check in the "I DO NOT ACCEPT THE TERMS OF THE LICENSE
AGREEMENT" box below to exit this installation process,
as Borland is unwilling to license the Product 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