BORLAND JBUILDER 3

BORLAND JBUILDER 3.0

INPRISE NO-NONSENSE 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) and Inprise Corporation ("Inprise") for the software product ("Software") identified above, including any software, media, and accompanying on-line or printed documentation.

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

This Software is owned by Inprise or its suppliers and is protected by copyright law and international copyright treaty. 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.

You may transfer the Software and documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of the License Agreement. Except as provided in the 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 Inprise and/or its suppliers and therefore you agree not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

If you have purchased an upgrade version of the Software, it constitutes a single product with the Inprise software that you upgraded. You may use or transfer the upgrade version of the Software only in accordance with the License Agreement.

This Software is subject to U.S. Commerce Department export restrictions, and is intended for use in the country into which Inprise sold it (or in the EEC, if sold into the EEC).

ADDITIONAL LICENSE TERMS FOR INPRISE JBUILDER

Inprise grants to you as an individual, a personal, nonexclusive license to install and use the Software for the sole purposes of designing, developing, testing, and deploying application programs which you create. You may install a copy of the Software on a computer and freely move the Software from one computer to another, provided that you are the only individual using the Software. If you are an entity, Inprise grants you the right to designate one individual within your organization ("Named User") to have the right to use the Software in the manner provided above.

GENERAL TERMS THAT APPLY TO COMPILED PROGRAMS AND REDISTRIBUTABLES

You may write and compile (including byte-code compile) your own application programs using the Software, including any libraries and source code included for such purpose with the Software. You may reproduce and distribute, in executable form only, programs which you create using the Software without additional license or fees, subject to all of the conditions in this License Agreement.

Inprise products may include certain files ("Redistributables") intended for distribution by you to the users of programs you create. Redistributables include, for example, those files identified in the accompanying printed or on-line documentation as redistributable files, those files preselected for deployment by an install utility provided with the Software (if any), or those files pre-selected by a third party install utility which operates under control of an install script which Inprise has certified (if any) for use by licensed users of this Software for deploying applications. In any event, the Redistributables for the Software are only those files specifically designated as such by Inprise. From time to time, Inprise may designate other files as Redistributables. You should refer to the documentation, including any "readme" or "deploy" files included with the Software, for additional information.

Subject to all of the conditions in this License Agreement, you may reproduce and distribute exact copies of the Redistributables, provided that such copies are made from the original copy of the Software or the copy transferred to the single hard disk. Copies of Redistributables may only be distributed with and for the sole purpose of executing application programs permitted under this License Agreement that you have created using the Software. Under no circumstances may any copies of Redistributables be distributed separately. Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your programs, under no circumstances may the libraries (including runtime libraries), code, Redistributables, and/or other files of the Software (including any portions thereof) be used for developing programs by anyone other than you. Only you as the licensed user (or the Named User for your entity) have the right to use the libraries (including runtime libraries), code, Redistributables, or other files of the Software (or any portions thereof) for developing programs created with the Software. In particular,

you may not share copies of the Redistributables with other co-developers. You may not reproduce or distribute any Inprise documentation without Inprise's permission.

The license granted in this License Agreement for you to create your own compiled programs and distribute your programs and the Redistributables (if any) is subject to all of the following conditions: (i) all copies of the programs you create must bear a valid copyright notice, either your own or the Inprise copyright notice that appears on the Software; (ii) you may not remove or alter any Inprise copyright, trademark or other proprietary rights notice contained in any portion of Inprise libraries, source code, Redistributables or other files that bear such a notice; (iii) Inprise provides no warranty at all to any person, other than the Limited Warranty provided to the original purchaser of the Software, and you will remain solely responsible to anyone receiving your programs for support, service, upgrades, or technical or other assistance, and such recipients will have no right to contact Inprise for such services or assistance;

(iv) you will indemnify and hold Inprise, its related companies and its suppliers, harmless from and against any claims or liabilities arising out of the use, reproduction or distribution of your programs; (v) your programs must be written using a licensed, registered copy of the Software; (vi) your programs must add primary and substantial functionality, and may not be merely a set or subset of any of the libraries (including runtime libraries), code, Redistributables or other files of the Software; (vii) regardless of any modifications which you make and regardless of how you might compile, link, or package your programs, the libraries (including runtime libraries), code, Redistributables, and/or other files of the Software (including any portions thereof) may not be used in programs created by your end users (i.e., users

of your programs) and may not be further redistributed by your end users; and (viii) you may not use Inprise's or any of its suppliers' names, logos, or trademarks to market your programs, except to state that your program was written using the Software.

The Software might include source code, redistributable files, and/or other files provided by a third party vendor (Third Party Software). Since use of Third Party Software 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 Software 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 the License Agreement.

All Inprise libraries, source code, Redistributables and other files remain Inprise's exclusive property. Regardless of any modifications that you make, you may not distribute any files (particularly Inprise source code and other non-executable files) except those that Inprise has expressly designated as Redistributables. Nothing in the License Agreement permits you to derive the source code of files that Inprise has provided to you in executable form only, or to reproduce, modify, use, or distribute the source code of such files. You are not, of course, restricted from distributing source code or byte code that is entirely your own. Source code which you generate with an Inprise source code generator, such as the Application Wizard, is considered by Inprise to be your code.

Contact Inprise for the applicable royalties due and other licensing terms for all other uses and/or distribution of the

Redistributables.

ADDITIONAL LICENSE TERMS FOR JAVA BEANS COMPONENT LIBRARY

You may not distribute any program or file which includes, is created from, or otherwise incorporates portions of the Software identified as JAVA BEANS COMPONENT LIBRARY ("JBCL Software") if such program or file is a general purpose development tool, library, component, and/or environment for Java, or is otherwise generally competitive with or a substitute for Inprise's JBuilder or the JBCL Software.

ADDITIONAL LICENSE TERMS FOR DATAEXPRESS

You may not distribute any program or file which includes, is created from, or otherwise incorporates portions of the Software identified as DATAEXPRESS (if any) if such program or file is a general purpose development tool, library, component, and/or environment for Java, or is otherwise generally competitive with or a substitute for Inprise's JBuilder or the DATAEXPRESS Software.

ADDITIONAL LICENSE TERMS FOR DBSWING

You may not distribute any program or file which includes, is created from, or otherwise incorporates portions of the Software identified as DBSWING (if any) if such program or file is a general purpose development tool, library, component, and/or environment for Java, or is otherwise generally competitive with or a substitute for Inprise's JBuilder or the DBSWING Software.

ADDITIONAL LICENSE TERMS FOR API DECOMPILER

Notwithstanding the limitation against decompiling the Software, Inprise grants to you as the licensed user of the Software the limited right to use that portion of the Software identified as "API Decompiler" for inspecting the public application programming interface (API) of the JBCL Software.

ADDITIONAL LICENSE TERMS FOR JDATASTORE

The portion of the Software identified as JDATASTORE (if any) is licensed for development purposes only. To deploy a particular application program created with the Software that requires JDATASTORE, you must first obtain a deployment license (available separately) from Inprise for each deployment of the particular application program.

ADDITIONAL LICENSE TERMS FOR VISIBROKER FOR JAVA

The portion of the Software identified as VISIBROKER FOR JAVA (if any) is licensed for development purposes only. To deploy a particular application program created with the Software that requires VISIBROKER FOR JAVA, you must first obtain a deployment license (available separately) from Inprise for each deployment of the particular application program.

LIMITED WARRANTY

Except with respect to the Redistributables, which are provided "as is," without warranty of any kind, Inprise warrants that the Software, as updated and when properly used, will perform substantially in accordance with the 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. Any implied warranties on the Software are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

Inprise's and its suppliers' entire liability and your exclusive remedy shall be, at Inprise's option, either (a) return of the price paid, or (b) repair or replacement of the Software that does not meet Inprise's Limited Warranty and which is returned to Inprise with a copy of your receipt. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED THE INPRISE CUSTOMER SERVICE DEPARTMENT AND OBTAINED A RETURN AUTHORIZATION NUMBER. This Limited Warranty is void if failure of the Software has resulted from 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 Inprise are available without proof of purchase from an authorized non-U.S. source.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INPRISE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC

LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO

STATE/JURISDICTION.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INPRISE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF INPRISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, INPRISE'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT

ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $25; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO AN INPRISE SUPPORT SERVICES AGREEMENT, INPRISE'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 LIMITATION 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"). Inprise and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

U.S. GOVERNMENT RESTRICTED RIGHTS

The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (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 Inprise Corporation, 100 Enterprise Way, Scotts Valley, CA 95066.

GENERAL PROVISIONS

This License Agreement may only be modified in writing signed by you and an authorized officer of Inprise. All terms of any purchase order or other ordering document shall be superseded by this License Agreement. 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.

This License Agreement shall be construed, interpreted and governed by the laws of the State of California, U.S.A. This License Agreement gives you specific legal rights; you may have others which vary from state to state and from country to country. Inprise reserves all rights not specifically granted in this License Agreement.