| BORLAND SOFTWARE CORPORATION LICENSE TERMS |
|
| DELPHI 7 ARCHITECT or ENTERPRISE |
|
| 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 |
| "manicapital.com" 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. |
|
| 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"). 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 distribute your Works to others for production |
| use. 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. |
|
| 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 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. |
|
| 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. |
|
| Licensing of Redistributables. Subject to the |
| terms and conditions of this License including the |
| restrictions of Section , 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 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. |
|
| 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. |
|
| 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 |
