
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.


