BORLAND AURORA FIELD TEST BORLAND 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 Borland Software Corporation ("Borland") 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 THIS LICENSE AGREEMENT. If 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. Your license to use this Software is contingent upon you and Borland having entered into a properly executed field test license and non-disclosure agreement relating to the field testing of this Software (the "Non-disclosure Agreement"). The terms of any such Non- disclosure Agreement shall control over any conflicting terms herein. If you are accepting this License Agreement on behalf of a corporation, partnership or other legal entity, the use of the terms "you" and "your" in this License Agreement will refer to such entity. TERMS AND CONDITIONS 1. GRANT OF LICENSE. a. Subject to the terms and conditions of this License Agreement, Borland grants to you a personal, nonexclusive, nontransferable and limited license to install and use the Software for the purposes set forth herein. Unless you have obtained additional licenses from Borland, you may only install and use a single 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, Borland 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 herein. If you have obtained additional licenses from Borland, you may install and use the number of copies of the Software up to the number of users, CPU's, servers and/or at the sites granted to you in writing by Borland ("Licensed Copies"). b. This Software is owned by Borland or its suppliers and is protected by copyright law, international copyright treaties, as well as other proprietary notices. Therefore, you must treat this Software like any other copyrighted material (e.g., a book) and you agree that the total number of copies of the Software used by you may not exceed the number of Licensed Copies granted to you, except that you may transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. c. Subject to the further terms and conditions of this License Agreement, the term of this license is for 60 days (unless terminated or extended as provided below). 2. LICENSE RESTRICTIONS. a. Except as provided in this License Agreement, you receive no rights and agree not to transfer, rent, lease, lend, copy, modify, translate, port, localize, create derivative works of, market, distribute, sublicense, time- share or electronically transmit or receive the Software, media or documentation. You acknowledge that the Software remains a confidential trade secret of Borland and/or its suppliers and further 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. As a confidential trade secret, you shall use your best efforts to protect the proprietary or confidential information supplied by Borland in its Software (including any source code), in the same manner in which you would protect your own proprietary or confidential information, but not less than reasonable precautions to protect such proprietary or confidential information and you shall not use such proprietary or confidential trade secret for your own benefit or the benefit of any other person or entity, except as may be specifically permitted hereunder. 3. ADDITIONAL LICENSE TERMS ADDITIONAL LICENSE TERMS Your license is for a term of sixty (60) days from the date you obtain the serial number and authorization key for the Software ("Evaluation Period"). During the Evaluation Period, you may only use the Software for the sole purpose of evaluating the Software for the purpose of providing feedback to Borland and to develop and test the compatibility of your applications or systems which will operate in conjunction with the Software. You may not use the Software for any other commercial, business, governmental or institutional purpose of any kind. At the end of the Evaluation Period, further use of the Software by you is prohibited without the purchase of a permanent license. If you are not interested in purchasing a license for the Software at the end of the Evaluation Period, you hereby agree to permanently remove or delete the Software from all computer systems on which it was installed and destroy any software and documentation received, and not to reinstall a new copy of the Software. THE SOFTWARE CONTAINS A TIME-OUT FEATURE THAT DISABLES ITS OPERATION AFTER THE EXPIRATION OF THE EVALUATION PERIOD. APPLICATIONS THAT YOU CREATE DURING THE EVALUATION PERIOD MAY REQUIRE THE SOFTWARE IN ORDER TO RUN. UPON EXPIRATION OF THE EVALUATION PERIOD, THOSE APPLICATIONS MAY NO LONGER RUN. YOU SHOULD THEREFORE TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT RESULT. 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 for the sole purpose of evaluating the Software. You may not reproduce and distribute the application programs that you create using the Software, whether in source code or executable form, without additional license or fees. Borland products may include certain files ("Redistributables") intended for use in 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 Borland 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 Borland. From time to time, Borland 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. You are not permitted, under this License Agreement, to distribute the Redistributables in any form. 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 Borland libraries, source code, Redistributables and other files remain Borland's exclusive property. Nothing in the License Agreement permits you to derive the source code of files that Borland has provided to you in executable form only, or to reproduce, modify, use, or distribute the source code of such files. 4. NO WARRANTY a. DURING THE EVALUATION PERIOD, THE SOFTWARE, INCLUDING BUT NOT LIMITED TO LIBRARIES, SOURCE CODE, REDISTRIBUTABLES, AND OTHER FILES ARE PROVIDED ON AN "AS IS" BASIS "WITH ALL FAULTS." YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE DURING THE EVALUATION PERIOD. SHOULD THE SOFTWARE PROVE DEFECTIVE DURING THE EVALUATION PERIOD, YOU, AND NOT BORLAND OR ITS SUPPLIERS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BORLAND AND ITS SUPPLIERS DISCLAIM ALL 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. BORLAND DOES NOT WARRANT THAT THE BORLAND SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE BORLAND SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH YOU. 5. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BORLAND OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR BUSINESS INTERRUPTION, GOODWILL, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) WHETHER BASED ON PRINCIPLES OF CONTRACT, TORT (INCLUDING NEGLIGENCE), DUTY, INDEMNITY, CONTRIBUTION OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF BORLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BORLAND'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. $5. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 6. EXPORT CONTROLS You may not download or otherwise export or re-export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulation. In particular, without limiting the foregoing, the Software cannot be downloaded, exported or re-exported into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or to anyone on the United States Treasury Department's list of Specially Designated Nationals, the United States Commerce Department's Entity List, or the United States Commerce Department's Denied Parties list. 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 or on any such list. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use this Software. 7. HIGH RISK ACTIVITIES The Software is not fault-tolerant and is not designed, intended, or licensed for use in line control equipment or in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support 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"). Without limiting the generality of the foregoing, Borland and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. 8. U.S. GOVERNMENT RESTRICTED RIGHTS The Software and any accompanying documentation are "Commercial Items", as that term is defined at 48 CFR Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 CFR Sections 12.212 and 227.7202, as applicable. Consistent with 48 CFR Sections 12.212 or 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States. Manufacturer is Borland Software Corporation, 100 Enterprise Way, Scotts Valley, CA 95066-3249. 9. TERMINATION Your license to use the Software shall become effective on the date you agree to the terms and conditions of this License Agreement. Your license to use the Software shall terminate automatically if you fail to comply with the limitations described in this License Agreement or in the Non-disclosure Agreement. No notice shall be required from Borland to effectuate such termination. Upon expiration or termination of this License Agreement or the Non- disclosure Agreement for any reason, you shall make no further use of the Software and shall destroy all copies of the Software and all of its component parts on all systems, in all forms, in all types of media and computer memory, and whether or not modified or combined with other materials. 10. GENERAL PROVISIONS This License Agreement is governed by the laws of the State of California, U.S.A., excluding its or any other jurisdiction's choice of law rules and excluding the United Nations Convention for Contracts for the International Sale of Goods, and you further consent to the exclusive jurisdiction by the state and federal courts sitting in Santa Clara County in the State of California for any dispute regarding this License Agreement. This License Agreement gives you specific legal rights; you may have others which vary from state to state and from country to country. Borland reserves all rights not specifically granted in this License Agreement. This License Agreement will not be modified except by a properly executed written agreement. Any terms and conditions of any purchase order or other instrument issued by you in connection with this License Agreement which are in addition to, inconsistent with or different from the terms and conditions of this License Agreement will be of no force or effect. 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 herein shall remain in effect. Failure by either party at any time to enforce any obligation by the other party, to claim a breach of any term of this License Agreement or to exercise any power agreed to hereunder will not be construed as a waiver of any right, power or obligation under this License Agreement, will not affect any subsequent breach, and will not prejudice either party as regards any subsequent action. Except as expressly permitted hereby, you may not assign any rights or obligations under this License Agreement without the prior consent of Borland. The provisions of this License Agreement that by their nature and content are intended to survive the performance hereof shall so survive the completion and termination of this License Agreement. IF YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, please press the "I AGREE" button below. This will be the legal equivalent of your signature on a written contract, and equally binding. You must agree to these terms and conditions in order to download and install the Software. If you do not agree with these terms and conditions, you should press the "EXIT" button below to exit this download process, as Borland is unwilling to license the Software to you in such case.