BORLAND® TOGETHER®
EDITION FOR SAP NETWEAVER™
DEVELOPER STUDIO (v. 6.2)
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 AGREEMENT”). 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.HTML” FILE PROVIDED WITH THE PRODUCT.
YOU MAY ACCEPT
THIS LICENSE BY CLICKING THE “I ACCEPT” OPTION BELOW. YOU MAY REJECT THIS
LICENSE, AND TERMINATE THIS DOWNLOAD OR INSTALLATION PROCESS, BY CLICKING THE
“CANCEL” BUTTON BELOW. IF YOU DO NOT ACCEPT THIS LICENSE, THEN YOU MAY
NOT DOWNLOAD, 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 a license under this License
Agreement if you obtained the Product from Borland or a Borland authorized
distributor or 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.” The Product is
copyrighted and is therefore protected by the Copyright Law of the United
States and international treaty provisions. There are patents pending on
certain methods, processes and inventions contained in The Product. The
effect of such laws and treaties is that you may not use The Product except as
permitted by this Agreement. Together is a registered trademark of
TogetherSoft Corporation, a wholly owned subsidiary of Borland Software
Corporation. SAP is a trademark of SAP Aktiengesellschsft. All other
brands or product names are the property of their respective holders. You
acknowledge and agree that: (a) Borland and its licensors retain all
copyrights and other intellectual property rights in the Product; (b) there are
no implied licenses under this License, and any rights not expressly granted to
you hereunder are reserved by Borland; (c) you acquire no ownership or other
interest (other than your license rights) in or to the Product; and (d) 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 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
(Borland® Together® Edition for SAP NetWeaver™ Developer Studio
(v.6.2)), 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 Node Locked License, a Named User License,
and a Concurrent 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 Period. In order to evaluate the Product, you may install the Product, as outlined below, on a temporary basis for evaluation, non-commercial purposes only (the “Evaluation Period”). The Evaluation Period is limited to the lesser of the period of time specified to you by Borland or ninety (90) 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 WILL 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 Key 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 Key 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 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 Grant of License. The terms of this Section 2.3 are applicable to you only if you have purchased a Named User License, as defined below, for 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 Key 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 Concurrent User License. The terms of this Section 2.4 are applicable to you only if you have purchased a Concurrent User License, the details of which are outlined below, for the Product directly from Borland or a Borland authorized distributor or reseller.
2.4.1 Concurrent User License Grant. Subject to the terms and conditions of this License, Borland grants to you a nonexclusive, nontransferable and limited license to install the Product, in executable form only, on a reasonable number of computers or machines or on a server accessed and used by multiple users, provided that the Product is used only by as many concurrent users at any given moment in time as you have concurrent licenses under your License Certificate and provided further that your use of the Product is only in the Territory. The foregoing license shall be for access and use, only by the equivalent number of concurrent users for whom you have paid the applicable license fees and obtained a License Certificate, 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"). As used in this Section, use or in use means that the Product is "in use" on a computer or machine when it is loaded into random access memory (RAM) of that computer. The Product may not be shared or Used concurrently on computers or machines located outside of the Territory. Concurrent User Licenses may be checked out on a time-limited basis to individual computers that will not be connected to a network. Check-out must be done before the individual computer is disconnected from the server where the Concurrent User Licenses are installed. The total number of users using the Product will include Concurrent User Licenses in use on the network and those that are checked out to individual computers. At the end of the check-out period, the checked-out Product will cease to operate on the individual computer, but will at that time be restored as a fully-functional Concurrent User License on the network. Subject to the other terms and conditions of this License, you may distribute your Works to others for production use. 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. You agree to maintain accurate records of the use of the Product under each License Certificate you hold.
2.4.2
Concurrent Use Territory.
‘Territory’ means the geographical area in which the Product may be used. The
Use in the Territory shall be subject to the export restrictions set forth below.
Territory may be any one, and only one, of the following three geographic
areas: Americas Territory, EMEA Territory or AsiaPac Territory each as defined
below. Unless otherwise identified in your License Certificate, you may
determine the relevant Territory at the time of installation of the Product
onto a computer or machine by installing the Product in that one Territory. The
geographic Territories are:
2.4.2.1
‘Americas Territory’ including and
limited to those geographical areas found within the boundaries of North and
South America.
2.4.2.2
‘Europe, Middle East and Africa Territory’ or ‘EMEA Territory’ including and limited to those geographical areas
found within the boundaries of Europe, Middle East and Africa, including the 15
countries of the European Community, Switzerland, Norway, Jersey, Guernsey,
Isle of Man, Iceland, Monaco, Andorra, Liechtenstein, San Marino, Malta,
Cyprus, Albania, all the countries of the former Yugoslavia, Israel, Turkey,
all the countries of the Arab Middle East, Iran, the 6 countries of the former
Eastern Europe region (Bulgaria, Romania, Poland, Czech Republic, Slovakia,
Hungary), all the countries of the former Soviet Union, all the countries of
Africa, Madagascar, and the Islands of the South Indian Ocean.
2.4.2.3
‘Asia Pacific Territory’ or ‘AsiaPac Territory’ including and limited to those geographical areas
found within the boundaries of Asia and Australia/Pacific including South
Korea, Japan, China, Taiwan, Hong Kong, and Macau India, Maldives, Pakistan,
Myanmar, Nepal, Bhutan, Bangladesh, Thailand, Laos, Cambodia, Vietnam,
Singapore, Malaysia, Indonesia, East Timor, the Philippines, Brunei, Papua New
Guinea, the Pacific Ocean Islands, Australia, and New Zealand.
3.
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
Section 2. 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.
3.1
SPECIAL TERMS THAT APPLY TO ACCOMPANYING PRODUCTS.
License Terms
For License Manager. 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 “License Manager”, in executable form only, on a server for use
with the Product.
3.2
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 Agreement to use the Product solely for your own personal use in
providing or receiving instruction within the limited scope of guided computer
programming and/or software training courses (“Courses”) in which you are a
direct and personal participant, either as student or instructor. You may not
use any Works created with the Product 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.
3.3
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.
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 licensors or suppliers on or accompanying the Product; (f) allow third
parties to access or use the Product including but not limited to using the
Product in a time-sharing arrangement, operating the Product as part of a
service bureau or, except as expressly authorized under Sections 2 and 3 otherwise
using the Product for the use or benefit of third parties; (g) reproduce or use
the Product except as expressly authorized under Sections 2 and 3; 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 end users of the Product (“End Users”) to conduct the
restricted activities limited by items (a) through (e), (g) and (h) above
insofar as they apply to 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 your own
application programs and other works created using the Product
(“Redistributables”), and such End User’s sublicense rights to the
Redistributables are conditioned upon compliance with such limitations.
The limitations in this Section 4 apply equally to your use of the Product, in
whole or in part, including any component or Redistributable.
5.
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.
6.
SERVICES; UPDATES; PRODUCT CHANGES.
Borland is not required under this License Agreement 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 Agreement, 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.
7.
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.
8.
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 Agreement.
9.
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 AGREEMENT OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT, NEGLIGENCE 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 AGREEMENT OR THE PRODUCT, WHETHER IN CONTRACT,
IN TORT OR OTHERWISE, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU UNDER THIS
LICENSE AGREEMENT. THIS SECTION 9 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.
10.
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 Agreement and your rights hereunder to use the Product
and refund a pro rata portion of any license fee you paid under this License
Agreement, based on a three (3) year product life. Notwithstanding the
foregoing, Borland will have no obligation under this Section 10 or otherwise
with respect to any infringement claim based upon: (a) any use of the
Product not in accordance with this License Agreement or the Product’s
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
10 states Borland’s entire liability and your sole and exclusive remedy for
third-party claims relating to the Product.
11.
TERM AND TERMINATION.
11.1
Term. The term of this License
Agreement will begin as of the date that you receive the Product and will
remain in effect unless terminated under this Section 11.
11.2
Termination for Convenience.
You may terminate this License Agreement for any reason, or for no reason, by
giving Borland five (5) days’ written notice.
11.3
Termination for Cause. Borland
may terminate this License Agreement 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 Agreement will
remain in effect; otherwise, this License Agreement will automatically
terminate upon the conclusion of the thirty (30) day grace period.
11.4
Effect of Termination. Upon the
termination of this License Agreement for any reason the following terms shall
apply: (a) all rights granted under this License Agreement 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 Agreement with the exception of the licenses granted in Sections 2 and
3, will survive termination of this License Agreement for any reason.
12.
GENERAL PROVISIONS.
12.1
Canadian Transactions. If you
are subject to Canadian law, you agree to the following:
The parties hereto
have expressly required that the present License Agreement and its Exhibits be
drawn up in the English language. / Les parties aux présentes, ont
expressément exigé que la présente Convention et ses Annexes soient rédigées en
langue anglaise.
12.2
Hazardous Uses. The Product is
not intended for use 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.
12.3
Governing Law. This License
Agreement 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).
12.4
Entire License; Severability. This
License Agreement constitutes the entire, final and exclusive agreement between
you and Borland regarding the specific license transaction described
herein. If any provision of this License Agreement 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 Agreement will remain in full force and effect.
12.5
Assignment. You may not
transfer the Product media, assign this License Agreement or assign any of your
rights or delegate any of your obligations under this License Agreement, 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 12.5 will be void.
12.6
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.
12.7
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 Agreement.
12.8
Waiver and Modifications. All
waivers must be in writing. Any waiver or failure to enforce a provision
of this License Agreement on one occasion shall not be deemed a waiver of any
other provision or such provision on any other occasion. This License
Agreement may only be amended by a written document signed by both parties.
If you have any
questions about this License Agreement, please contact your Borland authorized
reseller or Borland.
If you agree to
the terms and conditions of this License Agreement, please click the “I ACCEPT”
option 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 download, install and use the Product. If you do
not agree with these terms and conditions, you should click the “CANCEL” button
below to exit this download or 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 or distributor, along with its original packaging and
proof-of-purchase, for a full refund.
Borland Software
Corporation
100 Enterprise Way
Scotts Valley, CA
95066-3249