KYLIX OPEN EDITION SOFTWARE LICENSE STATEMENT AND LIMITED WARRANTY IMPORTANT - READ CAREFULLY This License Statement and Limited Warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and Borland Software Corporation ("Borland") for the software product ("Software") identified above, including any software, media, and accompanying on-line or printed documentation. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT. If you do not agree with the terms and conditions of the License Agreement, you may not use the Software and should promptly remove all copies of the Software from your systems. Upon your acceptance of the terms and conditions of the License Agreement, Borland grants you the right to use the Software in the manner provided below. This Software is owned by Borland or its suppliers and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You acknowledge that the Software in source code form remains a confidential trade secret of Borland and/or its suppliers and therefore you agree not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. This Software is subject to U.S. Commerce Department export restrictions, and is intended for use in the country or countries into which Borland released it (or the EEC, if sold into the EEC). You agree to fully comply with all laws and regulations of the United States and other countries ("Export Laws") to assure that neither the Software or any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws. ADDITIONAL TERMS WHICH APPLY TO PROGRAMS COMPILED WITH THE SOFTWARE You may write and compile your own applications using the Software, so long as (a) your application is a product which operates in conjunction with the Software, (b) you do not use Borland's name, logo or trademark to market your software product, (c) you include Borland's copyright notice as part of the sign-on message for your software product, (d) you agree to indemnify, hold harmless, and defend Borland and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise out of your use or distribution of your application software product, and (e) you distribute, whether internally or publicly, your applications and other works created with the Software under the GNU General Public License which can be found at www.borland.com/kylix/gpl.html. You may submit your CLX components or CLX source code modifications to Borland for potential inclusion in Borland's CLX and subsequent release under Borland's licensing program. Any internal or external distribution of software constructed or modified with the Software and licensed under the GPL must be accompanied by the source code to the application and the GPL-licensed CLX. Refer to the deploy file found on the Software CD for further restrictions and instructions on how to acquire said source code to the GPL- licensed CLX. THE SOFTWARE IS INTENDED FOR USE ON GPL APPLICATIONS AND COMPONENTS ONLY Any modification, production, or maintenance of proprietary applications, or any modification, production, maintenance, or use of proprietary CLX components using the Software is forbidden. The use of the Software to produce, modify, use or maintain applications and CLX components is restricted to only those applications and other works which are released publicly under the GNU General Public License which can be found at www.borland.com/kylix/gpl.html or submitted to Borland for potential inclusion in Borland's CLX and subsequent release under Borland's licensing program. Trademarks. Certain library files are distributed by Borland under trademarked names of Borland. You may only redistribute these libraries under the trademarks if the libraries are unchanged. You should refer to the documentation, including any "readme" or "deploy" files included with the Software, for additional information. Registration. You are required to register the Software with Borland. You will be prompted to register the Software at the time of your first use of the Software, at which time you will be notified (or directed to resources explaining) how information provided by you during registration may be used and you will be afforded the opportunity to opt out of certain uses of such information DISCLAIMER OF WARRANTY THE SOFTWARE IS PROVIDED "AS IS", WITHOUT ANY WARRANTY WHATSOEVER. BORLAND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BORLAND AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, AND TITLE, WITH REGARD TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. LIMITATION OF LIABILITY THIS SOFTWARE IS PROVIDED GRATUITOUSLY AND, ACCORDINGLY, BORLAND SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE. BORLAND WILL NOT SUPPORT THIS SOFTWARE AND IS UNDER NO OBLIGATION TO ISSUE UPDATES TO THIS SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BORLAND OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS BORLAND PRODUCT, EVEN IF BORLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitations may not apply to you. HIGH RISK ACTIVITIES The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Borland and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. RESTRICTED RIGHTS LEGEND The Software and any accompanying documentation are "Commercial Items", as that term is defined at 48 CFR Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 CFR Sections 12.212 and 227.7202, as applicable. Consistent with 48 CFR Sections 12.212 or 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States. GENERAL PROVISIONS This License Agreement may only be modified in writing signed by you and an authorized officer of Borland. If any provision of this License Agreement 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 for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect. This Agreement and your license to use the Software will continue so long as you remain in compliance with the terms and conditions of this License Agreement. Borland may immediately terminate your license to use the Software on notice to you if you breach any of your obligations hereunder. Upon termination, you shall cease using the Software and shall destroy all copies of the Software (and associated Documentation) in any form. All disclaimers of warranties and limitations of liability shall survive any termination of this Agreement. This License Agreement shall be construed, interpreted and governed by the laws of the State of California, U.S.A. If this product was acquired outside the United States, then local laws may apply. This License Agreement 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 License Agreement.