INTERBASE MEDIA KIT

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, “You” or “you”) and Borland Software Corporation ("Borland") for the Borland software product InterBase 7.0 (the "Software" or "InterBase"), including any software, media, and accompanying on-line or printed documentation.

BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.  If you are the original purchaser of this Software and you do not agree with the terms and conditions of this 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 this License Agreement, Borland grants you the right to use the Software in the manner provided below.

OWNERSHIP.  This Software is owned by Borland or its licensors or suppliers and is protected by copyright laws, international copyright treaty and other intellectual property laws. 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.

LICENSE RESTRICTIONS.  Except as provided in this 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 Borland or its suppliers and therefore you agree not to modify the Software or attempt to decipher, de-compile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction.  Borland reserves all rights not specifically granted in this License Agreement.

UPGRADES.  If you purchased this Software as an upgrade, the upgrade together with the product that you upgraded constitutes a single product (the “Upgraded Software”), and the upgrade alone may not be used to increase the total number of licensed copies of the Software.  You may use the Upgraded Software only in accordance with this License Agreement and you may not transfer the Software or the Upgraded Software unless they are transferred together as a single product and unless they are transferred according to the terms and conditions of this License Agreement.

EXPORT.  This Software is subject to U.S. Commerce Department export restrictions, and is intended for use only in the country or countries into which Borland has released it. You agree to fully comply with all laws and regulations of the United States and other countries ("Export Laws") to assure that neither the Software nor any direct products thereof are (1) exported directly or indirectly in violation of Export Laws or (2) are used for any purpose prohibited by Export Laws including without limitation nuclear, chemical or biological weapons production. In particular but without limitation, none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Afghanistan (Taliban controlled), Cuba, Iran, Iraq, Libya, North Korea, Sudan, 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 and/or installing 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 country listed in (i) above or on any of the lists set forth in (ii) above.

DESCRIPTION OF THE INTERBASE MEDIA KIT.  The Software includes a number of components, including, (a) the INTERBASE SERVER SOFTWARE ("Server Software"), (b) the INTERBASE CLIENT SOFTWARE ("Client Software"), (c) the INTERBASE PRECOMPILER SOFTWARE ("Precompiler Software"), (d) the INTERBASE DESKTOP EDITION SOFTWARE ("InterBase Desktop Edition"), (e) the INTERCLIENT / INTERSERVER JDBC DRIVER ("InterClient Software"), (f) the EASYSOFT ODBC DRIVER ("Easysoft Software") and (g) IBREPLICATOR ("IB Replicator Software"), each of which is subject to the terms and conditions of this License Agreement.  

EVALUATION PERIOD.  The grant of rights that is included with the first delivery of this Software media kit is the evaluation license, which is for the Evaluation Period, as defined below.  In the event you wish to continue use of the Software AFTER THE EXPIRATION OF THE evaluation period, you must purchase a license certificate (“License Certificate”) from Borland, prior to the expiration of the Evaluation Period, to obtain the right use the Software including the components pursuant to the license terms set forth below.  THE SOFTWARE 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 SOFTWARE IN ORDER TO RUN. UPON EXPIRATION OF THE EVALUATION PERIOD, THE APPLICATIONS THAT YOU CREATE DURING THE EVALUATION PERIOD WILL NO LONGER RUN.  YOU SHOULD THEREFORE TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT RESULT.  

TERMS THAT APPLY TO THE EVALUATION PERIOD
In order to evaluate the Software, you may install the Software, as outlined below, on a temporary basis for evaluation purposes only  (the “Evaluation Period”).  The Evaluation Period is limited to either a period of ninety (90) days from the date the Software is installed or until May 31, 2003..  At the end of the Evaluation Period your license to use the Software expires.  During the Evaluation Period, Borland grants you the personal, nonexclusive, nontransferable and limited license to: (a) install the Server Software on a single (1) computer network (b) use the Client Software to connect up to twenty (20) simultaneous users to the Server Software and (c) write and compile applications which use the Software for your own personal, non-commercial use on the computer on which you have installed the Software.  The evaluation license includes the limitations set forth below for all licenses but you do not have a right to distribute or otherwise share those applications or any of the files of the Software which may be required to support those applications.

THE SOFTWARE 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 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.

PURCHASE OF A LICENSE CERTIFICATE.  In order to use the Software after the Evaluation Period, you must acquire, prior to the expiration of the Evaluation Period, license(s) to use the Software in accordance with the terms and conditions of this License Agreement from Borland or its authorized distributors or resellers. .  For each license that you acquire to use the Software, you will be provided with a license key certificate (a “License Key Certificate”), which will be provided to you either with the Software media or separately by Borland or its authorized distributors or resellers.  The License Key Certificate will contain information specific to the type of license under which you may use the Software and the license key(s)for the number of licenses that you have acquired (“License Key”).  You will require the License Key in order to disable the time-out feature of the Software [or to activate and use the Software].  In order to [activate and] use the Software as set forth in the License Key Certificate and this License Agreement, you must enter the appropriate License Key when prompted by the Software.  For each license to use the Software that you acquire, the License Key will be included on the corresponding License Key Certificate..  The types of Software Licenses available are an InterBase Desktop Edition License, a Server Activation License, a Simultaneous User License, an IB Replicator License, an Internet Access License and a CPU License (all as defined in the paragraphs below).  You may purchase any number of these licenses from Borland and you shall ensure that you have the appropriate number and types of licenses for your use of the Software.  You may only use the Software according to the terms of this License Agreement only during the term of the Evaluation Period or while you have a valid and subsisting License Certificate.  For more information on which license types, License Key Certificates and/or License Keys, if any, should be included with the Software media you should contact Borland or your Borland authorized reseller.  

In the event the Evaluation Period expires and you do not purchase any licenses from Borland, you agree to destroy or permanently delete the Software, including any archival or backup copies of the Software, from your computer immediately upon the expiration of the Evaluation Period, and not to reinstall a new copy of the Software without the purchase of a License Certificate.

TERMS THAT APPLY TO INTERBASE DESKTOP EDITION
You may use the InterBase Desktop Edition Software only if you have purchased an InterBase Desktop Edition activation license (“IB Desktop Activation Certificate”) from Borland.  Under the IB Desktop Activation License, Borland grants you the personal, nonexclusive, nontransferable and limited license (a) to install a single copy of the InterBase Desktop Edition Software on a single computer for your internal data processing needs only and (b) to access this copy of the InterBase Desktop Edition Software by logging into the same computer on which it is installed and (c) to use the InterBase Desktop Edition as Client Software to connect with Server Software located on a computer other than the single computer listed in (a) of this paragraph in association with a Server Activation License.  

TERMS THAT APPLY TO THE SERVER SOFTWARE
You may use the Server Software only if you have purchased a Server Software activation license (“Server Activation License”) from Borland.  Under the Server Activation License, Borland grants you the personal, nonexclusive, nontransferable and limited license to use the Server Software on a single computer network (“Server”) for supporting your internal data processing needs only.  You may install the Server Software on the hard disk of a Server for each Server Activation License you purchase.  In order to connect any users to the Server Software you must purchase as many Simultaneous User Licenses, as defined below, as you have simultaneous users on that Server.

TERMS THAT APPLY TO THE CLIENT SOFTWARE
You may use the Client Software only if you have purchased at least one simultaneous user license (“Simultaneous User License”) from Borland. Under one Simultaneous User License, Borland grants you the personal, nonexclusive, nontransferable and limited license to install and use the Client Software on a single computer (a “Simultaneous User”).  In order to install and use the Client Software on as many computer units as you wish, you must first purchase an equal number of Simultaneous User Licenses to the number of computers on which you wish to install the Client Software.  Each Simultaneous User License allows you to use the Client Software to connect a single user to the Server Software. You may use the Client Software to connect as many Simultaneous Users to the Server Software as you have Simultaneous User Licenses for that server.  (By way of example only, if you wish to install copies of the Client Software on fifteen (15) computers then you must first purchase fifteen (15) Simultaneous End User Licenses; each of the simultaneous users that is using the Client Software pursuant to a Simultaneous User License may then connect to the Server Software for which you have a Server Activation License)

Any members of your organization or users authorized by you to install or use the Software shall be considered users accessing the InterBase Server in a manner other than as members of the general public through an unrestricted-access Internet application and such users must be licensed by you as individual Simultaneous Users.

You shall provide safeguards to ensure that the number of Simultaneous Users installing or using the Software does not exceed the total number of Simultaneous User Licenses you have purchased.  If the number of Simultaneous Users within your organization or users authorized by you installing or using the Software exceeds the number of Simultaneous User Licenses you have purchase, you shall purchase additional licenses from Borland or its distributors or resellers to equal the number of Simultaneous Users within your organization or users authorized by you installing or using the Software.

If you use multiplexing or connection pooling software or hardware to reduce the number of users directly connected to the Server Software, the number of Simultaneous Users within your organization or users authorized by you installing or using the Software shall be measured as the number of distinct inputs to the multiplexing or connection pooling front end and you shall purchase the equivalent number of Simultaneous User Licenses.

If any of your users connect to the Server Software via an unrestricted-access Internet application you must purchase an Internet Access License from Borland. For terms governing public access to an InterBase database from the Internet, see the section in this document entitled Additional Terms Which Apply To Internet Access To The Server Software.

Regardless of system configuration you use, no individual Simultaneous User may make more than four simultaneous connections to the Server Software under one Simultaneous User License.  If any such Simultaneous User requires more than four simultaneous connections to the Server Software you must purchase an additional Simultaneous User License for such Simultaneous User to obtain the right to make an additional four connections.  

Each Simultaneous User License contains a version number.  Each Simultaneous User License allows you to connect Client Software to the Server Software only if the Simultaneous User License has a major version number which is the same as the major version number of the Server Software. (The major version number is the integer to the left of the leftmost decimal point).

TERMS THAT APPLY TO THE IB REPLICATOR SOFTWARE
You may use or deploy the IB Replicator Software only if you have purchased an IB Replicator Software License (“IB Replicator License”) from Borland.  The terms and conditions of this License Agreement and the IB Replicator License do not include any grant of right to deploy or redistribute the IB Replicator Software. Under an IB Replicator License, Borland grants you the personal, nonexclusive, nontransferable and limited license to (a) install the IB Replicator Software on the hard disk of a single computer and (b) use a single copy of the IB Replicator Software on a single computer for supporting your internal data processing needs only.  The IB Replicator License may be a “Replicator Server License”, a “Replicant License”, or a “Replicator Lite License”.  Under a Replicator Server License, Borland grants you the personal, nonexclusive, nontransferable and limited license to (a) run the IB Replicator Software on the hard disk of a Server (the “IB Replicator Server”) and (b) use the IB Replicator Server located on the hard disk of a Server to copy the relevant information or data contained in a Source Database and transmit such information or data to the Target Database to share the information or data contained on the Source Database.  Under a Replicant License, Borland grants you the personal, nonexclusive, nontransferable and limited license to use the IB Replicator Software on the hard disk of a single computer to copy the relevant information or data contained in a Target Database and transmit such information or data to the Source Database to share the information or data contained on the Target Database.  Under a Replicator Lite License, Borland grants you the personal, nonexclusive, nontransferable and limited license to use the IB Replicator Software on the hard disk of a single computer on which the InterBase Desktop Edition Software is installed to copy the relevant information or data contained in a Source Database and transmit such information or data to the Target Database to share the information or data contained on the Source Database.  

Each Server that has the Software installed and that you use to control any Source Database or Target Database, requires a "Replicant License.”  As used in this Agreement, “Source Database” shall mean any database that resides on a Server and is being used in the relevant instance as the source of data to be delivered to another database, and “Target Database” shall mean any database that resides on either a Server or an individual computer unit and is being used in the relevant instance as the recipient database of data from the Source database.  For Example and by way of explanation only, this means that a server which runs the IB Replicator Software AND which controls a source/target database needs BOTH a "Replication Server" license and a "Replicant” license". If InterBase Desktop Edition is installed, then ONLY a "Replication Server Lite" license must be obtained.   

In the event you wish to distribute applications that use the IB Replicator Software to third parties, you must purchase the multi-user licenses, which are available separately from Borland and which are governed by different terms and conditions than those set forth in the License Agreement.  Borland specifically reserves the right distribute applications that use the IB Replicator Software to third parties out of this License Agreement.  For more information on the IB Replicator Software and IB Replicator Software Licenses, see Borland 's World Wide Web site at http://www.borland.com, or contact your local Borland sales office.

TERMS THAT APPLY TO INTERNET ACCESS TO THE SERVER SOFTWARE
If you allow unrestricted access for members of the general public, which may include but is not limited to individuals within your organization, to connect to the InterBase Server Software through an Internet application, you must purchase an Internet Access Server License which can be used as either (a) an Internet Access License for Simultaneous Users, or (b) an Internet Access License for unlimited users. If you implement any mechanism which restricts access to the InterBase Internet application to specific users or categories of users so that it is not available to any member of the general public, access is not considered unrestricted.

(a) Under the Internet Access Server License for Simultaneous Users, Borland grants you the personal, nonexclusive, nontransferable and limited license to grant to a limited number of users, where the limited number is the number of Simultaneous User Licenses you have purchased, access to the Server Software through the Internet.  For each such user to whom you grant access to the Server Software, you must have a Simultaneous User License.  The total number of Simultaneous Users accessing the Server Software at any time through your applications, whether such Simultaneous User is a member of the general public or a member of your organization and whether such Simultaneous User accesses the Server Software through the Internet or any other type of network or a Server, may not exceed the number of Simultaneous User Licenses you have purchased and that you have recorded on your License Certificates..

(b) Under the Internet Access Server License for unlimited users, Borland grants you the personal, nonexclusive, nontransferable and limited license to grant access to the Server Software to an unlimited number of general public users provided that such access is granted through the Internet and provided that you do not restrict the public access to the applications in any way.

Both Internet Access Licenses described in (a) and (b) above are available only if access to the InterBase Internet application is unrestricted. If you require a password or any other method or mechanism to restrict access to the Server Software, then you must purchase Simultaneous User Licenses for each Simultaneous User, each of whom in this instance may be a member of the general public who is provided access to the application through the use of the Server Software.  By way of example, without limitation, users to whom you provide access to the Server Software through a LAN, WAN or Client/Server system shall be considered as Simultaneous Users under the terms of this agreement and you must have a sufficient Number of Licensed CPUs, in this case Simultaneous User Licenses, for Simultaneous Users collectively on your License Certificate(s) for each such Simultaneous User.  By way of example, without limitation, users who access applications through the Server Software through a site that employs a password or other restriction, such as an Intranet, Extranet or any other type of private or restricted network, must be licensed by you as Simultaneous Users.

In all uses of the Software, except as provided in (b) above relating to the Internet Access License for Unlimited Users, you shall provide safeguards to ensure that the number of actual Simultaneous Users does not exceed the total number of Simultaneous User Licenses you have purchased collectively on your License Certificate(s).  

TERMS THAT APPLY TO PROGRAMS COMPILED WITH THE SOFTWARE
You may write, compile and use your own applications (“Application(s)”) using the Software including the InterClient Software and any libraries and source code included with the Software and you may distribute and authorize third parties to distribute the Applications; provided, however, that (a) your Application is a product which operates in conjunction with the Software, (b) you do not use any of Borland's or its licensors’ or suppliers’ name, logos or trademarks, or any names, logos or trademarks of any product of Borland (including the Software) or its licensors or suppliers to market the Application or any of your associated software product(s), (c) you include Borland's copyright notice as part of the sign-on message for the Application or any of your associated software product(s), (d) you agree to indemnify, hold harmless, and defend Borland and its licensors and suppliers from and against any claims or lawsuits, including attorney's fees, that arise out of your writing, compiling, use or distribution of your Application or any of your associated software product(s), and (e) your Application or any of your associated program(s) is not merely a set or subset of the Software or any libraries or source code included with the Software.  

TERMS FOR THE INTERBASE CPU LICENSE: With the exception of the Internet Access Server License for unlimited users, every License Certificate you purchase grants you the personal, nonexclusive, nontransferable and limited license to install and execute the Software in object code form on a given number of CPU(s) or computer(s)) for each License that has been purchased (the “Number of Licensed CPUs”) as noted in your License Certificate(s).  In the event you purchase a Server Activation License or an Internet Access Server License, only one (1) Simultaneous User License is included with the Server Activation License or the Internet Access Server License and prior to using the Server Activation License or the Internet Access Server License for Simultaneous Users with any more than one (1) Simultaneous User(s), you must purchase the number of additional Simultaneous User Licenses equal to the number of Simultaneous Users that will access the Software on the Server or over the Internet Server.  You may install or execute the Software on any type of device that has a any number of CPUs and provided however that you may not, under any of your License Certificate(s), execute the Software on more than the number of computers or CPUs, as the case may be, than the equivalent Number of Licensed CPUs and the total number of Software copies used by you and the manner in which such copies are used may not exceed or deviate from the type and number of licenses acquired by you (i.e., number of CPUs).  If you would like to install and/or use a greater number of copies of the Software than the number of Licenses you have acquired from Borland, you must first contact Borland and obtain additional License Certificates with an increased Number of Licensed CPUs.

LIMITED WARRANTY.  During the term of this License Agreement with the exception of the Evaluation Period, Borland warrants that the Software, as updated and when properly used, will perform substantially in accordance with its 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 (the “Limited Warranty”).  Borland's and its licensors’ and suppliers' entire liability for the above warranty and your exclusive remedy shall be, at Borland's sole and exclusive option, either (a) return of the price paid, or (b) repair or replacement of the Software or Software media that does not meet the minimum criteria of the Limited Warranty.  In order to obtain this remedy for the Limited Warranty, the Software must be returned to Borland with a copy of your receipt. DO NOT RETURN ANY SOFTWARE UNTIL YOU HAVE CALLED THE BORLAND CUSTOMER SERVICE DEPARTMENT AND OBTAINED A RETURN AUTHORIZATION NUMBER.  This Limited Warranty is void if Software fails as a result of 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 Borland are available without proof of purchase from an authorized non-U.S. source.

EVALUATION PERIOD.  DURING THE EVALUATION PERIOD, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS "WITH ALL FAULTS" AND THE LIMTED WARRANTY SET FORTH ABOVE DOES NOT ALLPY.  YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE DURING THE EVALUATION PERIOD.  IN THE EVENT THE SOFTWARE PROVES DEFECTIVE DURING THE EVALUATION PERIOD, YOU, AND NOT BORLAND OR ITS LICENSORS OR SUPPLIERS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR THAT MAY BE CAUSE BY, WITHOUT LIMITATION, THE INSTALLATION, EXECUTION OR USE OF THE SOFTWARE.

WARRANTY DISCLAIMER.  EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BORLAND AND ITS LICENSORS AND SUPPLIERS HEREBY EXCLUDE AND DISCLAIM ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGMENT, 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. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.  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.

LIMITATION OF LIABILITY.  IN NO EVENT WILL BORLAND OR ITS SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, 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 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.

Notwithstanding the above, if you have entered into a support agreement with Borland with respect to the Software, Borland'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 limitations 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.

RESTRICTED RIGHTS LEGEND
If the Software is acquired for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), it is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. 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 Borland Software Corporation, 100 Enterprise Way, Scotts Valley, California, 95066-3249, U.S.A.

GENERAL PROVISIONS
This License Agreement, together with any license certificates purchased by you from Borland or its authorized distributors or resellers, constitutes the entire agreement between you and Borland with regard to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, representations, understandings or agreements not specifically incorporated herein. This License Agreement may only be modified in writing signed by you and an authorized officer of Borland.  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. You may not assign this License Agreement or the licenses granted hereunder (by operation of law or otherwise, including, without limitation, by merger) and any attempt to do so will be null and void.  You agree that this License Agreement binds you and each of your employees, agents, representatives and persons associated with you.   

This License Agreement shall be construed, interpreted and governed by the laws of the State of California, U.S.A., without regard to conflicts of laws principles thereof or of any other jurisdiction, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of California for all causes of action arising in connection with this Agreement. The parties expressly exclude the application of the 1980 United Nations Convention on the International Sale of Goods.  This License Agreement gives you specific legal rights; you may have others which vary from state to state and from country to country.  Borland reserves all rights not specifically granted in this License Agreement.

IF YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, please press the “I ACCEPT” button 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 install the Software.  If you do not agree with these terms and conditions, you should press the “I DO NOT ACCEPT” button below to exit this download process, as Borland is unwilling to license the Software to you in such case.

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