BORLAND SOFTWARE CORPORATION 

LICENSE TERMS 

BORLAND(R) DEVELOPER STUDIO 2006 ARCHITECT
BORLAND(R) DEVELOPER STUDIO 2006 ARCHITECT EDUCATION
BORLAND(R) DEVELOPER STUDIO 2006 ENTERPRISE
BORLAND(R) DEVELOPER STUDIO 2006 PROFESSIONAL
BORLAND(R) DEVELOPER STUDIO 2006 PROFESSIONAL EDUCATION

NOTICE: THIS BORLAND SOFTWARE PRODUCT (TOGETHER WITH ITS
ACCOMPANYING DOCUMENTATION, THE "PRODUCT") IS THE PROPERTY 
OF BORLAND SOFTWARE CORPORATION ("BORLAND").  THE PRODUCT IS
MADE AVAILABLE TO YOU, THE ORIGINAL PURCHASER, SUBJECT TO 
THE FOLLOWING LICENSE AGREEMENT ("LICENSE").  PLEASE READ 
THIS LICENSE CAREFULLY BEFORE INSTALLING OR USING THE 
PRODUCT.  A COPY OF THIS LICENSE IS AVAILABLE FOR YOUR 
FUTURE REFERENCE IN THE "LICENSE.TXT" FILE PROVIDED WITH THE 
PRODUCT. 

YOU MAY ACCEPT THIS LICENSE BY INDICATING YOUR ACCEPTANCE 
BELOW.  YOU MAY REJECT THIS LICENSE, AND TERMINATE THIS 
INSTALLATION PROCESS, BY INDICATING YOUR REJECTION OPTION 
BELOW.  IF YOU DO NOT ACCEPT THIS LICENSE, THEN YOU MAY NOT 
INSTALL OR USE THE PRODUCT.  IN THAT CASE, YOU MAY, WITHIN 
TEN (10) DAYS AFTER YOU FIRST RECEIVED THE PRODUCT, RETURN 
IT TO BORLAND OR YOUR BORLAND AUTHORIZED RESELLER, ALONG 
WITH ITS ORIGINAL PACKAGING AND PROOF-OF-PURCHASE, FOR A 
FULL REFUND.  ANY USE BY YOU OF THIS PRODUCT ALSO 
CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. 

Borland is only willing to grant you this License if you 
obtained the Product from Borland or a Borland authorized 
reseller. If you obtained the Product from any other source 
you may not install or use the Product. 

NOTE:  The Product includes certain Preview Technology 
related to the Product's C++ and C functionality that is 
being provided subject to some restrictions and limitations.  
"Preview Technology" means those programs, modules, 
libraries, help files and other files required for, 
associated with, and used solely for the creation, 
compilation, debugging or execution of programs written in 
the C++ or C languages.

1.  OWNERSHIP.  The Product is proprietary to Borland.  The 
Product is licensed, not sold, to you notwithstanding any 
reference herein to "purchases." You acknowledge and agree 
that:  (a) the Product is protected under U.S. copyright and 
other laws; (b) Borland and its licensors retain all 
copyrights and other intellectual property rights in the 
Product; (c) there are no implied licenses under this 
License, and any rights not expressly granted to you 
hereunder are reserved by Borland; (d) you acquire no 
ownership or other interest (other than your license rights) 
in or to the Product; and (e) Borland owns all copies of the 
Product, however made.  You agree that you will not, at any 
time, contest anywhere in the world Borland's ownership of 
the Product, nor will you challenge the validity of Borland's 
rights in the Product.  You have no rights hereunder to use 
any trademark or service mark belonging to Borland. 

2.  GRANT OF LICENSE AND SCOPE OF USE. 

2.1  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 (Architect, Architect 
Education, Enterprise, Professional, or Professional 
Education), 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 and a Named User 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 License.  The terms of this Section 2.2 are 
applicable to you only if you have acquired an Evaluation 
License for the Product directly from Borland or a Borland 
authorized distributor or reseller. In order to evaluate the 
Product, you may install the Product, as outlined below, on a 
temporary basis for trial, evaluation, non-commercial 
purposes only (the "Evaluation Period").  The Evaluation 
Period is limited to the greater of the period of time 
specified to you by Borland or thirty (30) 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 MAY 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 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 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, as defined below, 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 License.  The terms of this Section 2.3 are 
applicable to you only if you have acquired a Named User 
License, as defined below, for the Architect, Architect 
Education, Enterprise, Professional or Professional Education 
edition of 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 
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 License for Preview Technology.  Subject to the terms and 
conditions of this License and for the duration of the 
Preview Period, 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 
Preview Technology solely for your own internal purposes. The 
Preview Technology is preview quality only and is not 
intended to be commercial production quality and as a result 
may contain limited functionality or errors. All rights not 
specifically granted to you herein are retained by Borland. 
WORKS THAT YOU CREATE USING THE PREVIEW TECHNOLOGY MAY 
REQUIRE THE PREVIEW TECHNOLOGY IN ORDER TO RUN. UPON 
EXPIRATION OF THE PREVIEW PERIOD, THOSE APPLICATIONS MAY NO 
LONGER RUN. You should therefore take precautions to avoid 
any loss of data that might result.  The Preview Period 
begins on your acceptance of this Agreement and shall 
terminate immediately upon Borland's release of an update to 
complete the functionality of the Preview Technology, 
whereupon you will have a Named User license as set forth in 
Section 2.3. 


3.  GENERAL TERMS THAT APPLY TO COMPILED PROGRAMS AND 
REDISTRIBUTABLES. 

3.1 Redistributables.  The Product may include certain files, 
libraries and/or source code specifically designated as 
"redistributables" by Borland in the accompanying printed or 
on-line documentation and that are necessary to use Works 
created using the Product ("Redistributables"). From time to 
time, Borland may designate other files as Redistributables. 
You should refer to the documentation, including any "readme" 
or "deploy" files provided with the Product, for additional 
information regarding Redistributables. Subject to the terms 
and conditions of this License, you may freely redistribute 
source code or compiled code that is entirely your own and 
does not contain any Redistributables. 

3.2 Licensing of Redistributables.  Subject to the terms and 
conditions of this License including the restrictions of 
Section 3.3, Borland grants you the personal, nonexclusive, 
nontransferable, and limited license to: (a) make exact 
copies of the Redistributables and distribute those copies 
solely as components of your Works and solely as required for 
permitting end users of the Works ("End Users") to install 
and execute the Works; (b) install and execute 
Redistributables, without modification, on computers that you 
own or possess solely for your own internal use; and (c) 
sublicense to your End Users the personal, nonexclusive, 
nontransferable right to install and execute 
Redistributables, without modification, solely as components 
of Works and solely for such End Users' own internal use, 
subject to End Users' compliance with the restrictions in 
Section 5 as to Redistributables. The rights granted to you 
under this Section 3.2 may not be exercised by others, 
including co-developers, regardless of how you might compile, 
link, or package your Works.  These rights apply only to 
Redistributables and to no other file, library, source code 
or other component or derivative work of the Product.  They 
may be exercised only with respect to Works created by you 
using a duly licensed, properly registered copy of the 
Product. 

3.3 Certain Restrictions.  Regardless of any modifications 
that you make and regardless of how you might compile, link, 
or package your Works: (a) except as provided in Section 3.6, 
you may not permit your End Users to modify or further 
distribute Redistributables or use Redistributables in any 
program that they create; (b) you may not use Borland's or 
any of its suppliers' names, logos, or trademarks to market 
your Works, except to state descriptively that your Work was 
written using the Product; (c) all copies of the Works you 
create must bear a valid copyright notice, either your own or 
the Borland copyright notice that appears on the Product, and 
you may not remove or alter any Borland copyright, trademark 
or other proprietary rights notice contained in any portion 
of the Redistributables; and (d) you may only distribute 
Redistributables with Works that add primary and substantial 
functionality to the Redistributables and are not merely a 
set or subset of any of the Redistributables, and that are 
created in accordance with the terms of this License. 

3.4 Relationship with End Users.  Except as set forth in 
Section 4, there are no third party beneficiaries to this 
License.  Consequently, Borland provides no warranty at all 
to any person, other than the limited warranty provided to 
you the original purchaser of the Product, as set forth 
herein, and you will be solely responsible to your End Users 
(or anyone else who uses or acquires Works) for support, 
service, upgrades, or technical or other assistance 
(including with respect to any Redistributables included 
therein), and such persons will have no right to contact 
Borland for any services or assistance.  You will indemnify, 
defend and hold Borland, its licensors, its suppliers and 
each of their respective employees, officers, directors and 
affiliates, harmless from and against any claims or 
liabilities arising out of or related to the use, 
procurement, reproduction or distribution of your Works by 
third parties. 

3.5 Third Party Software.  The Product, including 
Redistributables, may include source code, redistributable 
files, and/or other files provided by a third party vendor 
("Third Party Product"). Since use of Third Party Product 
might be subject to license restrictions imposed by the third 
party vendor, you should refer to the on-line documentation 
(if any) provided with Third Party Product for any license 
restrictions imposed by the third party vendor.  In any 
event, any license restrictions imposed by a third party 
vendor are in addition to, not in lieu of, the terms and 
conditions of this License. 

3.6 Provisions Applicable to Component Developers. For the 
purpose of this Section 3.6, the following terms have the 
following meanings:

"Component" means a program module or object, developed by 
you using the Product, that is designed to interoperate with 
other program modules/objects developed by others using a 
different development environment.

"Component Customer" means an individual or entity that 
procures Components from you for the purposes of: (i) 
integrating such Components with program modules/objects 
developed using a different development environment; and (ii) 
distributing such integrated products to their End Users. 

"Component Developer" means an individual or entity that uses 
the Product to develop Components for distribution to 
Component Customers.

If you are a Component Developer, you may (i) distribute 
copies of the Redistributables to your Component Customers, 
and (ii) grant them the right to distribute copies of the 
Redistributables along with both your Components and their 
Works to their End Users only if you have first entered into 
an agreement with each such Component Customer that conforms 
to this Section 3.6 and contains the following provisions 
(enumerated as appropriate to the context):

3.6.1 Sublicensing of Redistributables. Subject to the terms 
and conditions of this section, including the restrictions of 
Section 3.6.2, [insert Component Developer name] grants you 
the personal, nonexclusive, nontransferable, and limited 
sublicense to: (a) make exact copies of the Redistributables 
and distribute those copies solely in conjunction with your 
works that embody components procured from [insert Component 
Developer name] ("Works"), solely as required for permitting 
end users of the Works ("End Users") to install and execute 
the Works; (b) install and execute Redistributables, without 
modification, on computers that you own or possess solely for 
your own internal development use; and (c) further sublicense 
to your End Users the personal, nonexclusive, nontransferable 
right to install and execute Redistributables, without 
modification, solely as components of your Works and solely 
for such End Users' own internal use, subject to End Users' 
compliance with the restrictions in Section 3.6.4 as to 
Redistributables.

3.6.2 Certain Restrictions. Regardless of any modifications 
that you make and regardless of how you might compile, link, 
or package your Works: (a) you may not permit your End Users 
to modify or further distribute Redistributables or use 
Redistributables in any program that they create; (b) you may 
not use Borland's or any of its suppliers' names, logos, or 
trademarks to market your Works, except to state 
descriptively that your Work was written using the Product; 
(c) all copies of the Works you create must bear a valid 
copyright notice, either your own or the Borland copyright 
notice that appears on the Product, and you may not remove or 
alter any Borland copyright, trademark or other proprietary 
rights notice contained in any portion of the 
Redistributables; and (d) you may only distribute 
Redistributables with Works that add primary and substantial 
functionality to the Redistributables and are not merely a 
set or subset of any of the Redistributables.

3.6.3 No Warranties. Borland provides no warranty at all to 
you or to any other person.  You will be solely responsible 
to your End Users (or anyone else who uses or acquires Works) 
for support, service, upgrades, or technical or other 
assistance (including with respect to any Redistributables 
included therein), and such persons will have no right to 
contact Borland for any services or assistance. You will 
indemnify, defend and hold Borland, its licensors, its 
suppliers and each of their respective employees, officers, 
directors and affiliates, harmless from and against any 
claims or liabilities arising out of or related to the use, 
procurement, reproduction or distribution of your Works by 
third parties.

3.6.4 You may not: (a) modify, adapt, alter, translate, or 
create derivative works of the Redistributables; (b) lease, 
rent or loan the Redistributables to any third party; (c) 
sublicense, distribute or otherwise transfer the 
Redistributables or any component thereof to any third party 
except as expressly authorized in this section; (d) reverse 
engineer, decompile, disassemble, or otherwise attempt to 
derive the source code of the Redistributables; (e) remove, 
alter, or obscure any confidentiality or proprietary notices 
(including copyright and trademark notices) of Borland or its 
suppliers on the Redistributables; (f) allow third parties to 
access or use the Redistributables such as in a time-sharing 
arrangement or use the Redistributables as part of a service 
bureau or otherwise for the use or benefit of third parties; 
(g) reproduce or use the Redistributables except as expressly 
authorized under this section; or (h) disclose or publish 
performance benchmark results for the Redistributables. 
Furthermore, you may not permit your End Users to conduct the 
restricted activities limited by items (a) through (e), (g) 
and (h) above insofar as they apply to Redistributables, and 
such End User's sublicense rights to the Redistributables are 
conditioned upon compliance with such limitations. The 
limitations in this Section apply equally to your use of the 
Redistributables, in whole or in part, including any 
component or Redistributables.

3.7 Other Rights.  Contact Borland for the applicable 
royalties due and other licensing terms for all other uses or 
distribution of the Redistributables. 

4.  PROGRAM NOTES. The following terms and conditions 
("Program Notes") are specific to certain editions, versions 
and components of the Product and are in addition to the 
provisions of Sections 2 and 3.  If any provision of the 
Program Notes applicable to the Product conflicts with any 
other provision of this License, then the provision of the 
Program Notes will supersede and control. 

4.1 PROGRAM NOTES THAT APPLY TO ARCHITECT, ARCHITECT 
EDUCATION, BORLAND ENTERPRISE, PROFESSIONAL, AND PROFESSIONAL 
EDUCATION EDITIONS.

ADDITIONAL LICENSE TERMS FOR INTERBASE: The portion of the 
Product identified as InterBase is not a Redistributable and 
is licensed for development purposes only.  This License does 
not permit you to use the InterBase portion of this Product 
for any commercial, business, governmental institutional or 
other purpose of any kind, other than development and testing 
of Works.  You must obtain a separate InterBase deployment 
license from Borland before deploying or distributing any 
Work that uses InterBase.

ADDITIONAL LICENSE TERMS FOR BORLAND ENTERPRISE SERVER AND 
COMPONENTS: The Product may be accompanied by other Borland 
products ("Accompanying Products"), including Borland 
Enterprise Server, VisiBroker(R) Edition and its component 
parts (including but not limited to VisiBroker). These 
Accompanying Products do not constitute a part of the 
Product. These Accompanying Products are subject to separate 
license terms which are on the media containing the 
Accompanying Products and which may be viewed and accepted at 
the time the Accompanying Products are installed. You have no 
rights under this License to use any software other than the 
Products, and your use of the Accompanying Products may 
require you to obtain separate licenses and separate License 
Certificates.

4.2 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 to use the Product 
and to create Works solely for your own personal use in 
providing or receiving instruction within the limited scope 
of guided computer programming and/or software training 
courses in which you are a direct and personal participant, 
either as student or instructor ("Courses"). You may only 
reproduce, distribute and use Works, in source or object code 
form, to other participants of the Courses and then only for 
educational or training purposes. You may not use the 
Products or Works created with the products for any 
commercial, business, governmental or institutional purpose 
of any kind, except to the extent you are an instructor 
teaching a Course. All rights not specifically granted to you 
herein are retained by Borland. 

4.3 ADDITIONAL LICENSE TERMS APPLICABLE TO THIRD PARTY 
SOFTWARE 

Certain components of the Product use or incorporate 
third-party software programs and/or libraries ("Third-Party 
Software") which are loaded (in both object and source code 
form) on the Product media. You agree that Borland's third- 
party licensors and suppliers are intended third party 
beneficiaries of all terms and conditions of this License 
intended to protect intellectual property rights in the 
Product (including the Third-Party Software) and limit 
certain uses thereof. 

4.4 ADDITIONAL LICENSE TERMS FOR ACCOMPANYING PRODUCTS IN 
ARCHITECT, ARCHITECT EDUCATION, ENTERPRISE, PROFESSIONAL AND 
PROFESSIONAL EDUCATION EDITIONS: BORLAND DATA PROVIDER.

The Product may contain other Borland and third party 
products ("Accompanying Products"), including the Borland 
Data Provider ("BDP") and its component parts. Accompanying 
Products owned by third parties are subject to separate 
license terms from the owner of such Accompanying Product 
which license terms are on the media containing such 
Accompanying Products and which may be viewed and accepted at 
the time such Accompanying Products are installed. 

ARCHITECT, ARCHITECT EDUCATION and ENTERPRISE EDITIONS: 
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 "BDP", 
in executable form only, to access either a local database 
installed on the same machine as the Work or on a server for 
use with the Work. 

PROFESSIONAL and PROFESSIONAL EDUCATION EDITIONS: 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 "BDP", in 
executable form only, to access a local database installed on 
the same machine as the Work.  You may not use that portion 
of the Product identified as "BDP" in association with a 
database located on a different machine other than the 
machine on which the Works are installed. 

5.  LIMITATIONS.  You may not:  (a) modify, adapt, alter, 
translate, or create derivative works of the Product or merge 
the Product with other software other than as described in 
the Product's accompanying documentation or as approved of in 
writing by Borland; (b) lease, rent or loan the Product to 
any third party; (c) sublicense, distribute or otherwise 
transfer the Product or any component thereof to any third 
party except as expressly authorized in this Agreement; (d) 
reverse engineer, decompile, disassemble, or otherwise 
attempt to derive the source code of the Product; (e) remove, 
alter, or obscure any confidentiality or proprietary notices 
(including copyright and trademark notices) of Borland or its 
suppliers on the Product; (f) allow third parties to access 
or use the Product such as in a time-sharing arrangement or 
operate the Product as part of a service bureau or, except as 
expressly authorized under Sections 2, 3 or 4, otherwise for 
the use or benefit of third parties; (g) reproduce or use the 
Product except as expressly authorized under Sections 2, 3 or 
4; or (h) disclose or publish performance benchmark results 
for the Product.  The rights granted under this License apply 
only to this Product.  You must procure a separate license to 
use other Borland software.  Furthermore, you may not permit 
your End Users to conduct the restricted activities limited 
by items (a) through (e), (g) and (h) above insofar as they 
apply to Redistributables, and such End User's sublicense 
rights to the Redistributables are conditioned upon 
compliance with such limitations.  The limitations in this 
Section 5 apply equally to your use of the Product, in whole 
or in part, including any component or Redistributable. 

6.  LIMITED WARRANTY AND DISCLAIMER.  Borland warrants to 
you, the original purchaser, and to no other party, that any 
physical media included with the Product, as and when 
provided to you, will be free of physical defects in 
materials and workmanship for a period of ninety (90) days 
after the date that you initially acquire the Product. Your 
exclusive remedy and Borland's sole liability for breach of 
this warranty is that Borland will replace any defective 
media returned to Borland within the ninety (90) day warranty 
period.  This warranty does not apply to damages resulting 
from misuse, abuse or neglect.  Any replacement media will be 
warranted as above for the remainder of the original warranty 
period or twenty (20) days from the date we ship it to you, 
whichever is longer. EXCEPT FOR THIS EXPRESS LIMITED 
WARRANTY, THE PRODUCT IS PROVIDED "AS IS" AND WITHOUT 
WARRANTY OF ANY KIND.  BORLAND HEREBY EXCLUDES AND DISCLAIMS 
ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES 
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, 
QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS OR QUIET 
ENJOYMENT.  THERE IS NO WARRANTY THAT THE PRODUCT WILL BE 
ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION.  YOU ASSUME 
THE ENTIRE RISK FOR THE RESULTS OBTAINED USING THE PRODUCT.  
TO THE EXTENT THAT BORLAND MAY NOT DISCLAIM ANY WARRANTY AS A 
MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH 
WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. 

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, 
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  THIS LIMITED 
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO 
HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE. 

7.  SERVICES; UPDATES; PRODUCT CHANGES.  Borland is not 
required under this License to provide any installation, 
training or other services to you. Such services, if 
available, must be purchased separately.  If, pursuant to a 
separate support agreement or otherwise, Borland provides you 
with a new release, error correction, update, upgrade or 
other modification to the Product, such modification will be 
deemed part of the Product, and subject to the terms of this 
License, unless the modification is expressly provided 
subject to a separate license agreement. Borland reserves the 
right at any time not to release or to discontinue release of 
any Product and to alter prices, features, specifications, 
capabilities, functions, licensing terms, release dates, 
general availability or other characteristics of any future 
releases of the Product.  

8.  REGISTRATION.  You must register the Product with Borland 
as a condition to your rights to use the Product.  You will 
be prompted to register the Product at the time of your 
installation or first use of the Product, at which time you 
will be notified (or directed to online resources explaining) 
how registration information provided by you may be used and 
you will be afforded the opportunity to opt out of certain 
uses of such information. 

9.  CONFIDENTIALITY.  You acknowledge that the Product in 
source code form remains a confidential trade secret of 
Borland.  You agree to hold this information in confidence, 
not disclose it to any person, and not use it for any purpose 
other than the use and operation of the Product as permitted 
under this License. 

10. LIMITATION OF LIABILITY.  IN NO EVENT WILL BORLAND BE 
LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, 
CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, 
INCLUDING ANY LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY 
OR DATA, ARISING FROM OR RELATING TO THIS LICENSE OR THE 
PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, EVEN IF 
BORLAND KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF THE 
POSSIBILITY OF SUCH DAMAGES.  BORLAND'S TOTAL CUMULATIVE 
LIABILITY ARISING FROM OR RELATED TO THIS LICENSE OR THE 
PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, WILL NOT 
EXCEED THE FEES ACTUALLY PAID BY YOU UNDER THIS LICENSE.  
THIS SECTION 10 WILL APPLY EVEN IF AN EXCLUSIVE REMEDY 
HEREUNDER HAS FAILED OF ITS ESSENTIAL PURPOSE. 


SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF 
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION 
OR EXCLUSION MAY NOT APPLY TO YOU. 

11. THIRD PARTY CLAIMS.  Borland will defend and settle any 
suit brought against you by a third party (not your 
affiliate) based on a claim that the Product infringes upon 
any U.S. copyright and Borland will pay those costs and 
damages finally awarded against you in such suit that are 
specifically attributable to such claims or those amounts 
payable by you under a settlement of such suit. The foregoing 
obligations are conditioned on you:  (a) notifying Borland 
promptly in writing of such action; (b) giving Borland sole 
control of the defense thereof and any related settlement 
negotiations; and (c) cooperating and, at Borland's request 
and expense, assisting in such defense. If the Product 
becomes, or in Borland's opinion is likely to become, the 
subject of an infringement claim that Borland is required to 
defend, then Borland may (at its option and expense) either:  
(a) procure for you the right to continue using the Product; 
(b) replace or modify the Product so that it becomes 
non-infringing; or (c) terminate this License and your rights 
hereunder to use the Product and refund a pro rata portion of 
any license fee you paid under this License, based on a three 
(3) year product life. Notwithstanding the foregoing, Borland 
will have no obligation under this Section 11 or otherwise 
with respect to any infringement claim based upon:  (a) any 
use of the Product not in accordance with this License or the 
products accompanying documentation: (b) any use of the 
Product in combination with other products, equipment, 
software, or data not provided by Borland; (c) any use of any 
version of the Product other than the most current version 
made available to you; or (d) any modification of the Product 
by any person other than Borland or its authorized agents 
("Excluded Claims"). You will indemnify Borland against all 
liability, damages and costs (including reasonable attorneys' 
fees) resulting from or related to an Excluded Claim. This 
section 11 states Borland's entire liability and your sole 
and exclusive remedy for third- party claims relating to the 
Product. 

12. TERM AND TERMINATION. 

12.1  Term.  The term of this License (other than the Preview 
License of section 2.4) will begin as of the date that you 
receive the Product and will remain in effect perpetually 
unless terminated under this Section 12. 

12.2  Termination for Convenience.  You may terminate this 
License for any reason, or for no reason, by giving Borland 
five (5) days' written notice. 

12.3  Termination for Cause.  Borland may terminate this 
License if you breach your obligations hereunder.  Borland 
will effect such termination by giving you notice of 
termination, specifying therein the alleged breach.  If your 
breach is curable, you will have a grace period of thirty 
(30) days after such notice is served to cure the breach 
described therein.  If the breach is cured within the thirty 
(30) day grace period, then this License will remain in 
effect; otherwise, this License will automatically terminate 
upon the conclusion of the thirty (30) day grace period. 

12.4  Effect of Termination.  Upon the termination of this 
License for any reason the following terms shall apply:
(a) all rights granted under this License will immediately 
terminate and you must stop all use of the Product and any 
Redistributables; (b) you must return to Borland or destroy 
all copies of the Product provided to or made by you, and 
will, within ten (10) days after the effective date of 
termination, provide Borland with written certification that 
all such copies have been returned or destroyed; and (c) all 
provisions of this License with the exception of the licenses 
granted in Sections 2, 3 and 4, will survive termination of 
this License for any reason. 

13. GENERAL PROVISIONS. 

13.1  Audit.  If you are entering into this license as an 
entity other than an individual (e.g., as a corporation, a 
partnership, or other organization), during the term of this 
License and for one (1) year thereafter, Borland or its 
outside auditors will have the right to conduct an audit of 
your records and computer systems to verify that you have 
paid to Borland the correct amounts owed under this License 
and determine whether the Products are being used in 
accordance with the terms of this License.  Any audit will be 
conducted during regular business hours at your facilities, 
with reasonable notice.  You agree to provide the audit team 
access to the relevant records and facilities and to provide 
reasonable assistance to Borland in connection with this 
provision. You agree to pay the cost of the audit if any 
underpayments during the period covered by the audit amount 
to more than five percent (5%) of the fees actually owed or 
if the number of deployments of the Products is more than 
five percent (5%) in excess of that licensed.

13.2  Canadian Transactions.  If you are subject to Canadian 
law, you agree to the following: 

The parties hereto have expressly required that the present 
License and its Exhibits be drawn up in the English language. 
/  Les parties aux presentes, ont expressement exige que la 
presente Convention et ses Annexes soient redigees en langue 
anglaise. 

13.3  Hazardous Uses.  The Product is not intended for use, 
and you may not use or allow others to use the Product, in 
connection with any application requiring fail-safe 
performance such as the operation of nuclear power 
facilities, air traffic control or navigation systems, 
weapons control systems, life support systems, or any other 
system whose failure could lead to injury, death, 
environmental damage or mass destruction.  You agree that 
Borland will have no liability of any nature, and you are 
solely responsible, for any expense, loss, injury or damage 
incurred as a result of such use of the Product. 

13.4  Governing Law.  This License will be governed by and 
construed in accordance with the laws of the United States 
and the State of California, without giving effect to any 
conflicts or choice of laws principles that would require the 
application of the laws of a different jurisdiction.  The 
parties expressly exclude the application of the 1980 United 
Nations Convention on the International Sale of Goods (if 
applicable). 

13.5  Entire License; Severability.   This License 
constitutes the entire, final and exclusive agreement between 
you and Borland regarding the specific license transaction 
described herein.  If any provision of this License is held 
to be illegal, invalid or unenforceable for any reason, then 
such provision will be enforced to the maximum extent 
permissible and the remainder of the provisions of this 
License will remain in full force and effect. 

13.6  Assignment.  You may not transfer the Software media, 
assign this License or assign any of your rights or delegate 
any of your obligations under this License, by operation of 
law or otherwise (including by merger, sale of assets or 
consolidation), without Borland's prior written consent.  Any 
attempted assignment in violation of this Section 13.5 will 
be void. 

13.7  Export Control.  You may not directly or indirectly 
transfer the Product, including its documentation, to any 
country if such transfer would be prohibited by applicable 
law, including the U.S. Export Administration Act and the 
regulations issued thereunder. You agree to the foregoing and 
you are representing and warranting that you are not located 
in, under the control of, or a national or resident of any 
such country. You will be solely responsible for identifying 
and complying with all laws of any jurisdiction outside of 
the United States regarding the import, export or use of 
Products and technical data supplied by Borland.  You will 
obtain at your own expense all licenses, permits or approvals 
required by any government to use the Product. 

13.8  U.S. Government Rights.  The Product is a "commercial 
item" as that term is defined at 48 C.F.R. 2.101, consisting 
of "commercial computer software" and "commercial computer 
software documentation" as such terms are used in 48 C.F.R. 
12.212.  Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 
227.7202-1 through 227.7202-4, all U.S. Government end users 
acquire the Product with only those rights set forth in this 
License. 

13.9  Waiver and Modifications.  All waivers must be in 
writing.  Any waiver or failure to enforce a provision of 
this License on one occasion shall not be deemed a waiver of 
any other provision or such provision on any other occasion.  
This License may only be amended by a written document signed 
by both parties. 

If you would like to alter the type or usage parameters of 
any license you have acquired from Borland, you must first 
contact Borland to obtain written approval and pricing for 
any such modifications to your license. 

If you have any questions about this License, please contact 
your Borland authorized reseller or Borland.  IF YOU AGREE TO 
THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, please 
indicate your acceptance as indicated 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/or install the Software.  
If you do not agree with these terms and conditions, you 
should indicate below that you do not accept, and exit this 
process, as Borland is unwilling to license the Software to 
you in such case, and you may return the Product within ten 
(10) days after you first received it to Borland or your 
Borland authorized reseller, along with its original 
packaging and proof-of-purchase, for a full refund. 

Borland Software Corporation
20450 Stevens Creek Boulevard, Suite 800
Cupertino, CA 95014-2265