BORLAND SOFTWARE CORPORATION
LICENSE TERMS

StarTeam Standard v. 2005
StarTeam Enterprise v. 2005
StarTeam Enterprise Advantage v. 2005

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 SELECTING THE "YES" OR THE "I ACCEPT THE TERMS OF THE LICENSE AGREEMENT" OPTION. YOU MAY REJECT THIS AGREEMENT, AND TERMINATE THIS INSTALLATION PROCESS, BY SELECTING THE "NO" OR THE "I DO NOT ACCEPT THE TERMS OF THE LICENSE AGREEMENT" OPTION. 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.

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, an activation file or an email message from Borland 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 (StarTeam Standard v. 2005, StarTeam Enterprise v. 2005, and StarTeam Enterprise Advantage v. 2005), 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 Named User License, and a Concurrent User License as outlined 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. Regardless of type of license, each copy of the Product contains (i) software that provides services on a computer called a server ("Server Software") and (ii) software that allows a computer or workstation to access or utilize the services provided by the Server Software ("Client Software"), collectively, both are herein referred to as the "Product" herein. Under any type of license acquired, for each copy of the Product licensed by Licensee, Licensee may install one copy of the Server Software on a single computer (the computer running the Server Software shall be referred to as the "Server"). The number of Client Software copies that may be installed is determined by the type of license acquired as set forth below.

2.2 Evaluation License. The terms of this Section 2.2 are applicable to you only if you have acquired an Evaluation License, as defined below, 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. 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 herein, and workstations, on which it was installed and return or 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 acquired 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 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. For each Named User, you may install the Client Software on up to five (5) computers 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 (Server and Client Software) 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. Subject to the terms and conditions of this License, Borland grants to you a nonexclusive, nontransferable and limited license to install the Client Software, 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 Client Software 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, as defined in 2.4.1 below. 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 for your own internal purposes. 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. 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 (Server and Client Software) 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.

2.4.1 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:

2.4.1.1 'Americas Territory' including and limited to those geographical areas found within the boundaries of North and South America. 

2.4.1.2 '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.

2.4.1.3 '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. PERMITTED USES TERMS.
The following terms and conditions ("Permitted Uses") are specific to certain editions, versions and components of the Product and are in addition to the provisions of Sections 1 and 2. If any provision of the Permitted Uses applicable to the Product conflicts with any other provision of this License, then the provision of the Permitted Uses will supersede and control.

3.1 LICENSE TERMS FOR ENFORCEMENT OF LICENSING AGREEMENT. The Product includes algorithms (referred to as a "Monitor") that will restrict the usage of the Product by more than the appropriate number of licensed users and ensure compliance with this Agreement. The Monitor does not disable the use of the Product, only the number of users logged on at any one time. The Product Monitor provides reporting capabilities which permit you to determine your adherence to the terms of this Agreement and it is your responsibility to review this report on a regular basis and to provide such report to Borland upon request to verify compliance. Regardless of the inclusion of the Monitor, it is your responsibility to ensure compliance with the license restrictions and number of users permitted pursuant to this License.

LICENSE TERMS FOR EXTERNAL TOOLS - The use of one or more external tools, including multiplexors or replicators, to reduce the number of users directly connected to the Product shall not exempt you from acquiring licenses for all users. For example, if you use multiplexing or connection pooling software or hardware to reduce the number of users directly connected to the Product, the number of Named Users or Concurrent Users within your organization using the Product shall be measured as the number of distinct inputs to the multiplexing or connection pooling front end and you shall purchase the equivalent number of Named User or Concurrent User Licenses. If you use replicator software, you may not use the Product to share licenses in any way not explicitly provided for in this Agreement. You may not use a multiplexor or replicator with this License.

3.2 PERMITTED USES THAT APPLY TO ACCOMPANYING PRODUCTS

THIRD PARTY SOFTWARE IN GENERAL. Portions of the Product are licensed from and are copyrighted by Microsoft Corporation and RSA Data Security.

You may use the Product in conjunction with other third party software applications not part of the Product. If so, you may require separate licenses for those third party applications in addition to this License Agreement.

THIRD PARTY SOFTWARE USING STARTEAM SDK APPLICATION PROGRAMING INTERFACES ("PRODUCT APIs"). Any user of any client or server application that calls any Product APIs must have a valid Product license to connect to the Product server software. You may not, and you may not allow others to reverse engineer, decompile, or disassemble the Product APIs. Commercial redistribution of any products that include Product APIs requires a separate redistribution license and such license is not granted in this License Agreement. 

3.3 ADDITIONAL LICENSE TERMS APPLICABLE TO PRODUCT 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 solely for your own personal use in providing or receiving instruction within the limited scope of guided computer programming and/or software training course(s) in which you are a direct and personal participant, either as student or instructor ("Course(s)"). You may only use the Product with other participants of the Courses and then only for educational or training purposes. You may not use 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.

3.4 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.

3.5 ADDITIONAL LICENSE TERMS APPLICABLE TO UPGRADES

If you have acquired an upgrade version of the Product, such upgrade constitutes a single product together with the copy of the Product that you upgraded. This means that, although you may have two sets of Product media, you still have only one license. Therefore, you may not transfer the original copy of the Product to any other party.

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 the Product; (f) allow third parties to access or use the Product including but not limited to in a time-sharing arrangement or operating the Product as part of a service bureau or, except as expressly authorized under Sections 1, 2, or 3, otherwise for the use or benefit of third parties; (g) reproduce or use the Product except as expressly authorized under Sections 1, 2, or 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 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 4 apply equally to your use of the Product, in whole or in part, including any component or Redistributable.

5. PRODUCT MEDIA. In the event you acquire the Product on physical media, the Product package contains one or more CD-ROM disks, depending on the product licensed; you may only use the CD-ROM for your computer. You may not use the disks on another computer or loan, rent, lease, or transfer it to any other user in any manner whatsoever.

6. LIMITED WARRANTY AND DISCLAIMER. 

6.1 MEDIA. 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 (the "Warranty Period"). 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 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.

6.2 PRODUCT. Borland further warrants that, during the Warranty Period, the Product licensed shall substantially conform to the performance specifications defined in the READ ME file, documentation or other written materials accompanying the Product. Borland does not warrant that the operation of the Product will be uninterrupted or error-free. Borland's entire liability hereunder and your exclusive remedy shall be, at Borland's option, either (a) refund of the price paid for such defective Product or (b) repair or replacement of the Product, provided that the defective Product is returned to Borland within the Warranty Period, shipping prepaid. A Product that has been replaced will be warranted for the remainder of the original Warranty Period or 30 days, whichever is longer. This warranty is void if the Product's defect has resulted from accident or abuse.

6.3 NO OTHER WARRANTIES. 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-INFRINGMENT, 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. CONFIDENTIALITY. The Product (including its underlying source code) and the terms of this License Agreement contain confidential information of Borland. You agree to hold this information in confidence, not disclose it to any person (other than your employees and individual contractors who use the Product and who have agreed to keep confidential any of Borland's confidential information that you provide to them), and not use it for any purpose other than the use and operation of the Product as permitted under this License Agreement. These restrictions do not apply to any information which is or becomes (through no fault of yours) publicly available. If you are required by law or order of a court or other government authority to disclose Borland's confidential information, then you will immediately notify Borland as soon as possible, but in any event prior to the disclosure, and will cooperate with Borland, at its expense and request, in any lawful action to contest or limit the scope of such required disclosure.

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 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 OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU UNDER THIS LICENSE. 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 indemnify, 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 copyright, patent or trade secret recognized under U.S. law 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 10 or otherwise with respect to any infringement claim based upon: (a) any use of the Product not in accordance with this License 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 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 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 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 will automatically terminate upon the conclusion of the thirty (30) day grace period.

11.4 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 immediately pay to Borland all fees and expenses accrued prior to the effective date of termination; (c) 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; (d) you must return to Borland all of its other confidential information that you have received during the term of this License Agreement; and (e) all provisions of this Agreement with the exception of the licenses granted in Sections 2, 3 and 5, 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 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.

12.2 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.

12.3 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). 

12.4 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.

12.5 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 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. 

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 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 select the "Yes" or the "I accept the terms of the License Agreement" option. 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 install and use the Product. If you do not agree with these terms and conditions, you should select the "NO" or the "I do NOT accept the terms of the License Agreement" option to exit this 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, along with its original packaging and proof-of-purchase, for a full refund.

Borland Software Corporation
100 Enterprise Way
Scotts Valley, CA 95066-3249
