300 lines
14 KiB
Plaintext
300 lines
14 KiB
Plaintext
Borland C++ Compiler 5.5
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INPRISE NO-NONSENSE LICENSE STATEMENT
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AND LIMITED WARRANTY
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IMPORTANT - READ CAREFULLY
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This license statement and limited warranty constitutes a
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legal agreement ("License Agreement") between you (either as
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an individual or a single entity) and Inprise Corporation
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("Inprise") for the software product ("Software") identified
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above, including any software, media, and accompanying on-line
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or printed documentation.
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BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU
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AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE
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LICENSE AGREEMENT. If you are the original purchaser of the
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Software and you do not agree with the terms and conditions
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of the License Agreement, promptly return the unused
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Software to the place from which you obtained it for a full
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refund.
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Upon your acceptance of the terms and conditions of the
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License Agreement, Inprise grants you the right to use the
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Software in the manner provided below.
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This Software is owned by Inprise or its suppliers and is
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protected by copyright law and international copyright
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treaty. Therefore, you must treat this Software like any
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other copyrighted material (e.g., a book), except that you
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may either make one copy of the Software solely for backup
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or archival purposes or transfer the Software to a single
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hard disk provided you keep the original solely for backup
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or archival purposes.
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You may transfer the Software and documentation on a
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permanent basis provided you retain no copies and the
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recipient agrees to the terms of the License Agreement.
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Except as provided in the License Agreement, you may not
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transfer, rent, lease, lend, copy, modify, translate,
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sublicense, time-share or electronically transmit or receive
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the Software, media or documentation. You acknowledge that
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the Software in source code form remains a confidential
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trade secret of Inprise and/or its suppliers and therefore
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you agree not to modify the Software or attempt to reverse
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engineer, decompile, or disassemble the Software, except and
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only to the extent that such activity is expressly permitted
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by applicable law notwithstanding this limitation.
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If you have purchased an upgrade version of the Software, it
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constitutes a single product with the Inprise software that
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you upgraded. You may use or transfer the upgrade version
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of the Software only in accordance with the License
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Agreement.
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This Software is subject to U.S. Commerce Department export
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restrictions, and is intended for use in the country into
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which Inprise sold it (or in the EU, if sold into the EU).
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ADDITIONAL LICENSE TERMS FOR Borland C++ Compiler 5.5
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Inprise grants to you as an individual, a personal,
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nonexclusive license to install and use the Software for the
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sole purposes of designing, developing, testing, and
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deploying application programs which you create. You may
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install a copy of the Software on a computer and freely move
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the Software from one computer to another, provided that you
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are the only individual using the Software. If you are an
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entity, Inprise grants you the right to designate one
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individual within your organization ("Named User") to have
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the right to use the Software in the manner provided above.
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GENERAL TERMS THAT APPLY TO COMPILED PROGRAMS AND
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REDISTRIBUTABLES
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You may write and compile (including byte-code compile) your
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own application programs using the Software, including any
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libraries and source code included for such purpose with the
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Software. You may reproduce and distribute, in executable
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form only, programs which you create using the Software
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without additional license or fees, subject to all of the
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conditions in this License Agreement.
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Inprise products may include certain files
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("Redistributables") intended for distribution by you to the
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users of programs you create. Redistributables include, for
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example, those files identified in the accompanying printed
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or on-line documentation as redistributable files, those
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files preselected for deployment by an install utility
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provided with the Software (if any), or those files pre-
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selected by a third party install utility which operates
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under control of an install script which Inprise has
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certified (if any) for use by licensed users of this
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Software for deploying applications. In any event, the
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Redistributables for the Software are only those files
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specifically designated as such by Inprise. From time to
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time, Inprise may designate other files as Redistributables.
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You should refer to the documentation, including any
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"readme" or "deploy" files included with the Software, for
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additional information.
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Subject to all of the conditions in this License Agreement,
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you may reproduce and distribute exact copies of the
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Redistributables, provided that such copies are made from
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the original copy of the Software or the copy transferred to
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the single hard disk. Copies of Redistributables may only
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be distributed with and for the sole purpose of executing
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application programs permitted under this License Agreement
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that you have created using the Software. Under no
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circumstances may any copies of Redistributables be
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distributed separately. Regardless of any modifications
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which you make and regardless of how you might compile,
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link, and/or package your programs, under no circumstances
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may the libraries (including runtime libraries), code,
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Redistributables, and/or other files of the Software
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(including any portions thereof) be used for developing
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programs by anyone other than you. Only you as the licensed
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user (or the Named User for your entity) have the right to
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use the libraries (including runtime libraries), code,
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Redistributables, or other files of the Software (or any
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portions thereof) for developing programs created with the
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Software. In particular, you may not share copies of the
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Redistributables with other co-developers. You may not
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reproduce or distribute any Inprise documentation without
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Inprise's permission.
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The license granted in this License Agreement for you to
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create your own compiled programs and distribute your
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programs and the Redistributables (if any) is subject to all
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of the following conditions: (i) all copies of the programs
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you create must bear a valid copyright notice, either your
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own or the Inprise copyright notice that appears on the
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Software; (ii) you may not remove or alter any Inprise
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copyright, trademark or other proprietary rights notice
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contained in any portion of Inprise libraries, source code,
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Redistributables or other files that bear such a notice;
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(iii) Inprise provides no warranty at all to any person,
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other than the Limited Warranty provided to the original
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purchaser of the Software, and you will remain solely
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responsible to anyone receiving your programs for support,
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service, upgrades, or technical or other assistance, and
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such recipients will have no right to contact Inprise for
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such services or assistance; (iv) you will indemnify and
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hold Inprise, its related companies and its suppliers,
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harmless from and against any claims or liabilities arising
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out of the use, reproduction or distribution of your
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programs; (v) your programs must be written using a
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licensed, registered copy of the Software; (vi) your
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programs must add primary and substantial functionality, and
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may not be merely a set or subset of any of the libraries
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(including runtime libraries), code, Redistributables or
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other files of the Software; (vii) regardless of any
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modifications which you make and regardless of how you might
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compile, link, or package your programs, the libraries
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(including runtime libraries), code, Redistributables,
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and/or other files of the Software (including any portions
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thereof) may not be used in programs created by your end
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users (i.e., users of your programs) and may not be further
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redistributed by your end users; and (viii) you may not use
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Inprise's or any of its suppliers' names, logos, or
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trademarks to market your programs, except to state that
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your program was written using the Software.
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The Software might include source code, redistributable
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files, and/or other files provided by a third party vendor
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(Third Party Software). Since use of Third Party Software
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might be subject to license restrictions imposed by the
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third party vendor, you should refer to the on-line
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documentation (if any) provided with Third Party Software
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for any license restrictions imposed by the third party
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vendor. In any event, any license restrictions imposed by a
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third party vendor are in addition to, not in lieu of, the
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terms and conditions of the License Agreement.
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All Inprise libraries, source code, Redistributables and
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other files remain Inprise's exclusive property. Regardless
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of any modifications that you make, you may not distribute
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any files (particularly Inprise source code and other
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non-executable files) except those that Inprise has
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expressly designated as Redistributables. Nothing in the
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License Agreement permits you to derive the source code of
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files that Inprise has provided to you in executable form
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only, or to reproduce, modify, use, or distribute the source
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code of such files. You are not, of course, restricted from
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distributing source code or byte code that is entirely your
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own. Source code which you generate with an Inprise source
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code generator, such as an Application Wizard, is considered
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by Inprise to be your code.
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Contact Inprise for the applicable royalties due and other
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licensing terms for all other uses and/or distribution of
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the Redistributables.
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LIMITED WARRANTY
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Except with respect to the Redistributables, which are
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provided "as is," without warranty of any kind, Inprise
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warrants that the Software, as updated and when properly
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used, will perform substantially in accordance with the
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accompanying documentation, and the Software media will be
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free from defects in materials and workmanship, for a period
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of ninety (90) days from the date of receipt. Any implied
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warranties on the Software are limited to ninety (90) days.
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Some states/jurisdictions do not allow limitations on
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duration of an implied warranty, so the above limitation may
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not apply to you.
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Inprise's and its suppliers' entire liability and your
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exclusive remedy shall be, at Inprise's option, either (a)
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return of the price paid, or (b) repair or replacement of
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the Software that does not meet Inprise's Limited Warranty
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and which is returned to Inprise with a copy of your
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receipt. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED
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THE INPRISE CUSTOMER SERVICE DEPARTMENT AND OBTAINED A
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RETURN AUTHORIZATION NUMBER. This Limited Warranty is void
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if failure of the Software has resulted from accident,
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abuse, or misapplication. Any replacement Software will be
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warranted for the remainder of the original warranty period
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or thirty (30) days, whichever is longer. Outside the
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United States, neither these remedies nor any product
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support services offered by Inprise are available without
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proof of purchase from an authorized non-U.S. source.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INPRISE
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AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND
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CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
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LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
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FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH
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REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO
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PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU
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SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM
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STATE/JURISDICTION TO STATE/JURISDICTION.
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LIMITATION OF LIABILITY
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
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EVENT SHALL INPRISE OR ITS SUPPLIERS BE LIABLE FOR ANY
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SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
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WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
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OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
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INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE
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USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE
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PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF
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INPRISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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IN ANY CASE, INPRISE'S ENTIRE LIABILITY UNDER ANY PROVISION
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OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF
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THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR
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U.S. $25; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO AN
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INPRISE SUPPORT SERVICES AGREEMENT, INPRISE'S ENTIRE
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LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY
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THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND
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JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
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LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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HIGH RISK ACTIVITIES
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The Software is not fault-tolerant and is not designed,
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manufactured or intended for use or resale as on-line
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control equipment in hazardous environments requiring fail-
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safe performance, such as in the operation of nuclear
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facilities, aircraft navigation or communication systems,
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air traffic control, direct life support machines, or
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weapons systems, in which the failure of the Software could
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lead directly to death, personal injury, or severe physical
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or environmental damage ("High Risk Activities"). Inprise
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and its suppliers specifically disclaim any express or
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implied warranty of fitness for High Risk Activities.
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U.S. GOVERNMENT RESTRICTED RIGHTS
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The Software and documentation are provided with RESTRICTED
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RIGHTS. Use, duplication, or disclosure by the Government
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is subject to restrictions as set forth in subparagraphs
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(c)(1)(ii) of the Rights in Technical Data and Computer
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Software clause at DFARS 252.227-7013 or subparagraphs
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(c)(1) and (2) of the Commercial Computer
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Software-Restricted Rights at 48 CFR 52.227-19, as
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applicable. Manufacturer is Inprise Corporation,
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100 Enterprise Way, Scotts Valley, CA 95066.
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GENERAL PROVISIONS
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This License Agreement may only be modified in writing
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signed by you and an authorized officer of Inprise. All
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terms of any purchase order or other ordering document shall
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be superseded by this License Agreement. If any provision
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of the License Agreement is found void or unenforceable, the
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remainder will remain valid and enforceable according to its
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terms. If any remedy provided is determined to have failed
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for its essential purpose, all limitations of liability and
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exclusions of damages set forth in this License Agreement
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shall remain in effect.
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This License Agreement shall be construed, interpreted and
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governed by the laws of the State of California, U.S.A.
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This License Agreement gives you specific legal rights; you
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may have others which vary from state to state and from
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country to country. Inprise reserves all rights not
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specifically granted in this License Agreement.
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