BORLAND SOFTWARE CORPORATION
LICENSE TERMS

BORLAND(R) DELPHI 8 FOR THE MICROSOFT .NET 
FRAMEWORK(TM) ARCHITECT v. 1.0
BORLAND(R) DELPHI 8 FOR THE MICROSOFT .NET 
FRAMEWORK(TM) ARCHITECT TRIAL v. 1.0
BORLAND(R) DELPHI 8 FOR THE MICROSOFT .NET 
FRAMEWORK(TM) ENTERPRISE v. 1.0
BORLAND(R) DELPHI 8 FOR THE MICROSOFT .NET 
FRAMEWORK(TM) PROFESSIONAL v. 1.0

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 
"I ACCEPT THE TERMS IN THE LICENSE AGREEMENT"
OPTION BELOW.  YOU MAY REJECT THIS LICENSE, AND
TERMINATE THIS INSTALLATION PROCESS, BY SELECTING
THE "I DO NOT ACCEPT THE TERMS IN THE LICENSE
AGREEMENT" OPTION 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  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, or an activation file
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
(Architect, Architect Trial, Enterprise, or Professional),
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 and a Named User License,
all defined 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.

2.2 Evaluation License.  The terms of this Section
2.2 are applicable to you only if you have acquired
an Evaluation License for the Trial or Download 
editions, 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 to
obtain a License Certificate.  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 below, and
workstations, on which it was installed and 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 Architect, Enterprise, or Professional edition
of 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.
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 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.

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, nonexclusive, nontransferable, 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, nonexclusive, nontransferable
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 Party Software.  The Product, including
Redistributables, may include source code,
redistributable files, and/or other files provided
by a third party vendor ("Third Party Product").
Since use of Third Party Product 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
Product 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 this License.

3.6 Other Rights.  Contact Borland for the
applicable royalties due and other licensing terms
for all other uses or distribution of the
Redistributables.

4.  SPECIAL TERMS. The following terms and
conditions ("Special Terms") are specific to certain
editions, versions and components of the Product and
are in addition to the provisions of Sections 2 and
3.  If any provision of the Special Terms applicable
to the Product conflicts with any other provision of
this License, then the provision of the Special
Terms will supercede and control.

4.1 SPECIAL TERMS THAT APPLY TO BORLAND DELPHI 8 FOR
THE MICROSOFT .NET FRAMEWORK ARCHITECT AND BORLAND
DELPHI 8 FOR THE MICROSOFT .NET FRAMEWORK ENTERPRISE

ADDITIONAL LICENSE TERMS FOR INTERBASE The portion
of the Product identified as InterBase is not a
Redistributable and is licensed for development
purposes only.  This License does not permit you to
use the InterBase portion of this Product for any
commercial, business, governmental institutional or
other purpose of any kind, other than development
and testing of Works.  You must purchase a separate
InterBase deployment license from Borland before
deploying or distributing any Work that uses
InterBase.

4.2 ADDITIONAL LICENSE TERMS APPLICABLE TO SOFTWARE
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 and to create Works solely for your
own personal use in providing or receiving
instruction within the limited scope of guided
computer programming and/or software training
courses in which you are a direct and personal
participant, either as student or instructor
("Courses"). You may only reproduce, distribute and
use Works, in source or object code form, to other
participants of the Courses and then only for
educational or training purposes. You may not use
the Products or Works created with the products 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.

4.3 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.

4.4 ADDITIONAL LICENSE TERMS FOR ACCOMPANYING
PRODUCTS IN BORLAND DELPHI 8 FOR THE MICROSOFT .NET
FRAMEWORK ARCHITECT, BORLAND DELPHI 8 FOR THE
MICROSOFT .NET FRAMEWORK ENTERPRISE, AND BORLAND
DELPHI 8 FOR THE MICROSOFT .NET FRAMEWORK ENTERPRISE
- BORLAND DATA PROVIDER

The Product may contain other Borland and third
party products ("Accompanying Products"), including
the Borland Data Provider ("BDP") and its component
parts. Accompanying Products owned by third parties
are subject to separate license terms from the owner
of such Accompanying Product which license terms are
on the media containing such Accompanying Products
and which may be viewed and accepted at the time
such Accompanying Products are installed.

BORLAND DELPHI 8 FOR THE MICROSOFT .NET FRAMEWORK
ARCHITECT AND BORLAND DELPHI 8 FOR THE MICROSOFT .NET
FRAMEWORK ENTERPRISE - Subject to the terms and conditions
Of this License, Borland grants to you as the licensed
user of the Product the limited right to use that
portion of the Product identified as "BDP", in
executable form only, to access either a local database
installed on the same machine as the Product or on a
server for use with the Product.

BORLAND DELPHI 8 FOR THE MICROSOFT .NET FRAMEWORK 
PROFESSIONAL - Subject to the terms and conditions 
of this License, Borland grants to you as the licensed
user of the Product the limited right to use that portion
of the Product identified as "BDP", in executable form
only, to access a local database installed on the same machine as
the Works.  You may not use that portion of the
Product identified as "BDP" in association with a
database located on a different machine other than
the machine on which the Works are installed.

5.  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 suppliers on
the Product; (f) allow third parties to access or
use the Product such as in a time-sharing
arrangement or operate the Product as part of a
service bureau or, except as expressly authorized
under Sections 2, 3 or 4, otherwise for the use or
benefit of third parties; (g) reproduce or use the
Product except as expressly authorized under
Sections 2, 3 or 4; 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 5 apply equally to your use of the Product,
in whole or in part, including any component or
Redistributable.

6.  LIMITED WARRANTY AND DISCLAIMER.  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.
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 ninety (90) day 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.
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-INFRINGEMENT,
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.  REGISTRATION.  You must register the Product
with Borland as a condition to your rights to use
the Product.  You will be prompted to register the
Product at the time of your installation or first
use of the Product, at which time you will be
notified (or directed to online resources
explaining) how registration information provided by
you may be used and you will be afforded the
opportunity to opt out of certain uses of such
information.

9.  CONFIDENTIALITY.  You acknowledge that the
Product in source code form remains a confidential
trade secret of Borland.  You agree to hold this
information in confidence, not disclose it to any
person, and not use it for any purpose other than
the use and operation of the Product as permitted
under this License.

10. 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 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 10 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.

11. THIRD PARTY CLAIMS.  Borland will 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 U.S. copyright 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 11 or
otherwise with respect to any infringement claim
based upon:  (a) any use of the Product not in
accordance with this License or the products
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
11 states Borland’s entire liability and your sole
and exclusive remedy for third- party claims
relating to the Product.

12. TERM AND TERMINATION.

12.1  Term.  The term of this License will begin as
of the date that you receive the Product and will
remain in effect perpetually unless terminated under
this Section 12.

12.2  Termination for Convenience.  You may
terminate this License for any reason, or for no
reason, by giving Borland five (5) days’ written
notice.

12.3  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 will remain
in effect; otherwise, this License will
automatically terminate upon the conclusion of the
thirty (30) day grace period.

12.4  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 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;; and (c) all provisions of
this License with the exception of the licenses
granted in Sections 2, 3 and 4, will survive
termination of this License for any reason.

13. GENERAL PROVISIONS.

13.1  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 présentes, ont
expressément exigé que la présente Convention et ses
Annexes soient rédigées en langue anglaise.

13.2  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.

13.3  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).

13.4  Entire License; 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.

13.5  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 13.5 will be void.

13.6  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.

13.7  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.

13.8  Waiver and Modifications.  All waivers must be
in writing.  Any waiver or failure to enforce a
provision of this License 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 would like to alter the type or usage
parameters of any license you have acquired from
Borland, you must first contact Borland to obtain
written approval and pricing for any such
modifications to your license.

If you have any questions about this License, please
contact your Borland authorized reseller or Borland.
If you agree to the terms and conditions of this
License Agreement, please select the "I ACCEPT
THE TERMS OF THE LICENSE AGREEMENT" option
below.  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 "I DO NOT
ACCEPT THE TERMS OF THE LICENSE AGREEMENT" option
below 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


