BORLAND SOFTWARE CORPORATION LICENSE TERMS DELPHI 7 PERSONAL 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 PLACING A CHECK IN THE "I ACCEPT THE TERMS IN THE LICENSE AGREEMENT" BOX BELOW. YOU MAY REJECT THIS LICENSE, AND TERMINATE THIS INSTALLATION PROCESS, BY PLACING A CHECK IN THE "I DO NOT ACCEPT THE TERMS IN THE LICENSE AGREEMENT" BOX 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. 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 Grant of License. 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 to create, compile (including byte code compile), test and deploy, in source or object code form, your own application programs and other works ("Works") solely for personal use. You may not use the Product or any Work for any commercial, business, governmental or institutional purpose of any kind ("Commercial Purpose"). Subject to the other terms and conditions of this Agreement, you may distribute your Works to others but you may not receive any direct or indirect compensation for the distribution or use of your Works and the Works that you distribute to others may not be used for any Commercial Purpose. If you use the Product or any Works for any Commercial Purpose or permit others to do so, in breach of this license grant, then you agree to purchase at the then-current retail price, the number of licenses of the then-current version of Delphi Professional that is equal to the number of licenses of the Product in your possession. 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. You may also 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. 2.2 Multiple Licensed Copies. You may purchase from Borland or its authorized reseller additional licenses to permit multiple Named Users to use the Product (each, a "Named User License"). Such rights will be effective only when granted in writing by Borland or its authorized reseller and are conditioned upon your payment of the applicable fees. If you purchase additional Named User Licenses for the Product then you are granted for each Named User License the personal, nonexclusive, nontransferable and limited license to designate one individual in your organization as the Named User and permit such Named User to install and use the Product solely as permitted under Section 2.1. In such case, the Product may be used exclusively by the specifically designated Named Users, subject to all the terms and conditions of this License. You agree that you will not designate more Named Users than the number of Named User Licenses that Borland or its authorized 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 agree to maintain accurate records of the Named User designated by you to use the Product under each Named User License you hold. 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, non-exclusive, non-transferable 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, non-exclusive, non-transferable 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) 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 Par...
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