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PC Direct 1995 August
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PCD_0895.ISO
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license.txt
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1995-02-07
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This software is an "evaluation" release of a Borland product.
Your use of the software is subject to the NO-NONSENSE LICENSE STATEMENT
AND LIMITED WARRANTY provided herein.
NO-NONSENSE LICENSE STATEMENT AND LIMITED WARRANTY
This software is protected by both United States copyright law
and international treaty provisions. You must treat this
software just like a book, except that you may copy it onto a
computer to be used and you may make an archival copy of the
software for the sole purpose of backing up the software and
protecting your investment from loss.
By saying "just like a book," Borland means, for example, that
this software may be used by any number of people, and may be
freely moved from one computer location to another, so long as
there is no possibility of it being used at one location or on
one computer while it is being used at another. Just like a book
cannot be read by two different people in two different places at
the same time, neither can the software be used by two different
people in two different places at the same time (unless, of
course, Borland's copyright is being violated).
EVALUATION SOFTWARE
The software is an "evaluation" release of a Borland product. You may
use the software for your own personal evaluation for the duration of the
evaluation period indicated in the software. The evaluation period begins
when you first install the software on one or more computers for evaluation
purposes. At the end of the evaluation period, the software will
automatically disable itself. To continue using the software beyond the
evaluation period, you will need to first purchase a regular release of
the Borland product.
You agree to indemnify and hold harmless Borland, its related companies
and its suppliers, from and against any claims or liabilities arising out
of the use, reproduction or distribution of your own programs which you
create or use with the software.
LIMITED WARRANTY
Borland warrants the physical media provided by Borland to be free of
defects in materials and workmanship for a period of ninety (90) days
from the original purchase date. If Borland receives notification within
the warranty period of defects in materials or workmanship, and determines
that such notification is correct, Borland will replace the defective
media. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED THE BORLAND
CUSTOMER SERVICE DEPARTMENT AND OBTAINED A RETURN AUTHORIZATION NUMBER.
The entire and exclusive liability and remedy for breach of this limited
warranty shall be limited to replacement of defective media and shall not
include or extend to any claim for or right to recover any other damages,
including but not limited to, loss of profit, data or use of the software
or special, incidental or consequential damages, or other similar claims,
even if Borland has been specifically advised of the possibility of such
damages. In no event will Borland's liability for any damages to you or
any other person ever exceed the lower of the list price or the actual
price paid for the package or the license to use the software, regardless
of the form of the claim.
BORLAND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. ALL OTHER IMPLIED TERMS ARE EXCLUDED.
Specifically, Borland makes no representation or warranty that the software
is "error free," or meets any user's particular standards, requirements
or needs. In all events, any implied warranty, representation, condition
or other term is limited to the physical media and is limited to the 90-day
duration of the limited warranty.
Borland is not responsible for, and does not make any representation,
warranty or condition concerning product, media, software not manufactured
or supplied by Borland, such as third parties' programs which are designed
using Borland software or which include Borland programs or files.
GENERAL PROVISIONS
This statement may only be modified in writing signed by you and an
authorized officer of Borland. If any provision of this statement 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 its essential purpose, all limitations of liability and
exclusions of damages set forth in the limited warranty shall remain in
effect. Use, duplication or disclosure of the software in this package
by the U.S. Government is subject to the restricted rights applicable to
commercial computer software (under FAR 52.227-19 and DFARS 52.227-7013).
This statement shall be construed, interpreted and governed by the laws of
the State of California, U.S.A. This statement 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 statement.