INTERBASE SERVER EDITION 2007
INTERBASE SERVER EDITION 2007 DUAL CORE
INTERBASE DESKTOP EDITION 2007
INTERBASE DEVELOPER EDITION 2007


LICENSE STATEMENT AND LIMITED WARRANTY 

1.  INTRODUCTION

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, "You" or "you") and Borland Software Corporation 
("Borland") for the Borland software product InterBase 2007 (the "Software" or 
"InterBase"), including any software, media, and accompanying on-line or printed 
documentation.   A copy of this License Agreement is available for your future 
reference in a file provided with the product, having a filename in the form 
"LICENSE.TXT", "LICENSE.HTML" or the like.

BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU 
ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE 
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.  Your 
compliance with the terms and conditions of this License Agreement is a material 
condition to the license(s) granted herein.  If you are the original purchaser 
of this Software and you do not agree with the terms and conditions of this 
License Agreement promptly return the unused Software to the place from which 
you obtained it for a full refund. 

Upon your acceptance of the terms and conditions of this License Agreement, 
Borland grants you the right to use the Software in the manner provided below. 

2.  OWNERSHIP AND LICENSE CONDITIONS.

2.1.  OWNERSHIP.  This Software is owned by Borland or its licensors or 
suppliers and is protected by copyright laws, international copyright treaty and 
other intellectual property laws. Therefore you must treat this Software like 
any other copyrighted material (e.g., a book), except that you may either make 
one copy of the Software solely for backup or archival purposes or transfer the 
Software to a single hard disk provided you keep the original solely for backup 
or archival purposes. 

2.2  LICENSE RESTRICTIONS.  Except as provided in this License Agreement, you 
may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-
share or electronically transmit or receive the Software, media or documentation.  
You acknowledge that the Software in source code form remains a confidential 
trade secret of Borland or its suppliers and therefore you agree not to modify 
the Software or attempt to decipher, de-compile, disassemble or reverse engineer 
the Software, except to the extent applicable laws specifically prohibit such 
restriction.  Borland reserves all rights not specifically granted in this 
License Agreement. You shall not remove or alter any notice of patent, copyright 
or trademark, or any Copyright Management Information, as that term is used in 
section 1202 of the United States Copyright Act of 1976, as amended.

2.3  UPGRADES.  If you purchased this Software as an upgrade, the upgrade 
together with the product that you upgraded constitutes a single product (the 
"Upgraded Software"), and the upgrade alone may not be used to increase the 
total number of licensed copies of the Software.  This means that, for example, 
you may have two sets of Product media, but still have only one license.  The 
number of media copies you possess is unrelated to your number of licenses.  
Therefore, you may not transfer the original copy of the Product to any other 
party.  You may use the Upgraded Software only in accordance with this License 
Agreement and you may not transfer the Software or the Upgraded Software unless 
they are transferred together as a single product and unless they are 
transferred according to the terms and conditions of this License Agreement. 

2.4  EVALUATION LICENSES.  The terms of this Section 2.4 are applicable to you 
only if you have acquired an Evaluation License, 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.  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 herein, and workstations, on which it was installed and 
return or 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.


3.  SOFTWARE AND INCLUDED LICENSES

3.1  DESCRIPTION OF THE SOFTWARE.  The Software includes a number of components, 
including, (a) the INTERBASE SERVER SOFTWARE ("Server Software"), (b) the 
INTERBASE CLIENT SOFTWARE ("Client Software"), (c) the INTERBASE PRECOMPILER 
SOFTWARE ("Precompiler Software"), (d) the INTERBASE DESKTOP EDITION SOFTWARE 
("InterBase Desktop Edition") and (e) the INTERCLIENT JDBC DRIVER ("InterClient 
Software"), each of which is subject to the terms and conditions of this License 
Agreement. 

3.2  LICENSE CERTIFICATE.    For each license that you acquire to use the 
Software, 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 Software media or separately by Borland or its authorized 
distributors or resellers.  The License Certificate will contain information 
specific to the edition of the Software that you have licensed (InterBase), 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 Software as set forth 
in this License Agreement, you must follow the instructions when prompted by the 
Software.  

You may purchase any number of the applicable licenses, as described below, from 
Borland and you shall ensure that you have the appropriate number and types of 
licenses for your use of the Software.  You may only use the Software according 
to the terms of this License Agreement only while you have a valid and 
subsisting License Certificate.  For more information on which license types, 
License Certificates and/or License Keys, if any, should be included with the 
Software media you should contact Borland or your Borland authorized reseller.

3.3  INTERBASE DESKTOP EDITION.  The InterBase Desktop Edition Software includes 
an InterBase Desktop license ("IB Desktop Edition License") from Borland.  Under 
the IB Desktop Edition License, Borland grants you the personal, nonexclusive, 
nontransferable and limited license (a) to install a single copy of the 
InterBase Desktop Edition Software on a single computer for your internal data 
processing needs only; (b) execute a single instance of this installed copy on a 
single CPU on the computer on which it is installed; and (c) to access a single 
instance of this copy of the InterBase Desktop Edition Software in accordance 
with the licenses included in the IB Desktop Edition License or acquired by you 
from Borland.  The following licenses, described in detail below, are included 
in the IB Desktop Edition License: two Local User Desktop Licenses.

3.4  INTERBASE SERVER EDITION.  The InterBase Server Edition Software includes 
an InterBase Server license ("IB Server Edition License") from Borland.  Under 
the IB Server Edition License, Borland grants you the personal, nonexclusive, 
nontransferable and limited license (a) to install a single copy of the IB 
Server Edition Software on a single computer for your internal data processing 
needs only; (b) execute a single instance of this copy of the InterBase Server 
Edition Software on a single single-core CPU on the computer on which it is 
installed; and (c) to access this instance of the InterBase Server Edition 
Software in accordance with the licenses included in the IB Server Edition 
License or acquired by you from Borland.  The following licenses, described in 
detail below, are included in the IB Server Edition License: one Server License, 
and one Simultaneous User License.

3.5  INTERBASE SERVER EDITION DUAL CORE.  The InterBase Server Edition Dual Core 
Software includes an InterBase Dual Core CPU license ("IB Server Edition Dual 
Core License") from Borland.  Under the IB Server Edition Dual Core License, 
Borland grants you the personal, nonexclusive, nontransferable and limited 
license (a) to install a single copy of the IB Server Edition Dual Core Software 
on a single computer for your internal data processing needs only; (b) execute a 
single instance of this copy of the InterBase Server Edition Dual Core Software 
on a single dual-core CPU on the computer on which it is installed; and (c) to 
access this instance of the InterBase Server Edition Dual Core Software in 
accordance with the licenses included in the IB Server Edition Dual Core License 
or acquired by you from Borland.  The following licenses, described in detail 
below, are included in the IB Server Edition Dual Core License: one Dual Core 
CPU License, and one Simultaneous User License.

3.6  CLIENT SOFTWARE.   You may use the Client Software only if you have 
acquired either at least one Simultaneous User License or an Unlimited User 
License from Borland. 

3.7  INTERBASE DEVELOPER EDITION.  The InterBase Developer Edition Software 
includes an InterBase Developer's license, as more fully set out in Section 4.6.


4.  LICENSE DESCRIPTIONS.  This Section 4 lists the available license types that 
Borland may grant with respect to the Software.  Not all of these license types 
may be applicable to you.  A particular license type is applicable to you only 
if it is included with the Software you have licensed, as specified in Section 3, 
or you have acquired additional licenses from Borland.  This Section 4 is for 
purposes of description and definition only, and does not make any license grant 
unless you have acquired the particular license described and defined.

4.1  LOCAL USER DESKTOP LICENSE.  Under each Local User Desktop License, Borland 
grants you the personal, nonexclusive, nontransferable and limited license to 
access the instance of the InterBase Desktop Edition Software by logging into 
the same computer on which the instance is executing and making up to 8 
connections to the InterBase Desktop Edition Software.

4.2  ADDITIONAL CPU LICENSE.  With the exception of the Unlimited User License, 
every License Certificate you purchase grants you the personal, nonexclusive, 
nontransferable and limited license to install and execute the Software in 
object code form on a given number of CPU(s) or computer(s)) for each License 
that has been purchased (the "Number of Licensed CPUs") as noted in your License 
Certificate(s).  In the event you purchase a Server License, only one (1) 
Simultaneous User License is included with the Server License, and prior to 
using the Server License for Simultaneous Users with any more than one (1) 
Simultaneous User(s), you must purchase the number of additional Simultaneous 
User Licenses equal to the number of Simultaneous Users that will access the 
Software on the Server.  You may install or execute the Software on any type of 
device that has any number of CPUs and provided however that you may not, under 
any of your License Certificate(s), execute the Software on more than the number 
of computers or CPUs, as the case may be, than the equivalent Number of Licensed 
CPUs and the total number of Software copies used by you and the manner in which 
such copies are used may not exceed or deviate from the type and number of 
licenses acquired by you (i.e., number of CPUs).  If you would like to install 
and/or use a greater number of copies of the Software than the number of 
Licenses you have acquired from Borland, you must first contact Borland and 
obtain an Additional CPU License in the form of a License Certificate with an 
increased Number of Licensed CPUs. Under the Additional CPU License, Borland 
grants you the personal, nonexclusive, nontransferable and limited license to 
execute the applicable software on the number of additional CPUs within the 
computer where the Software is installed as indicated on the applicable License 
Certificate.

4.3  SERVER LICENSE.  Under the Server License, Borland grants you the personal, 
nonexclusive, nontransferable and limited license to use the Server Software on 
a single computer network ("Server") for supporting your internal data 
processing needs only.  You may install the Server Software on the hard disk of 
a Server for each Server License you purchase.  In order to connect any users to 
the Server Software you must purchase as many Simultaneous User Licenses, as 
defined below, as you have simultaneous users on that Server.

4.4  SIMULTANEOUS USER LICENSE.  Under one Simultaneous User License, Borland 
grants you the personal, nonexclusive, nontransferable and limited license to 
install and use the Client Software on a single computer (a "Simultaneous User").  
In order to install and use the Client Software on as many computer units as you 
wish, you must first purchase an equal number of Simultaneous User Licenses to 
the number of computers on which you wish to install the Client Software.  Each 
Simultaneous User License allows you to use the Client Software to connect a 
single user to the Server Software. You may use the Client Software to connect 
as many Simultaneous Users to the Server Software as you have Simultaneous User 
Licenses for that server.  (By way of example only, if you wish to install 
copies of the Client Software on fifteen (15) computers then you must first 
purchase fifteen (15) Simultaneous End User Licenses; each of the simultaneous 
users that is using the Client Software pursuant to a Simultaneous User License 
may then connect to the Server Software for which you have a Server Activation 
License) 

For InterBase Desktop, each Simultaneous User License you add provides 4 
additional local connections to the InterBase Desktop Edition Software.

Any members of your organization or users authorized by you to install or use 
the Software shall be considered users accessing the InterBase Server in a 
manner other than as members of the general public through an unrestricted-
access Internet application and such users must be licensed by you as individual 
Simultaneous Users. 

You shall provide safeguards to ensure that the number of Simultaneous Users 
installing or using the Software does not exceed the total number of 
Simultaneous User Licenses you have purchased.  If the number of Simultaneous 
Users within your organization or users authorized by you installing or using 
the Software exceeds the number of Simultaneous User Licenses you have purchase, 
you shall purchase additional licenses from Borland or its distributors or 
resellers to equal the number of Simultaneous Users within your organization or 
users authorized by you installing or using the Software. 

If you use multiplexing or connection pooling software or hardware to reduce the 
number of users directly connected to the Server Software, the number of 
Simultaneous Users within your organization or users authorized by you 
installing or using the Software shall be measured as the number of distinct 
inputs to the multiplexing or connection pooling front end and you shall 
purchase the equivalent number of Simultaneous User Licenses. 

If any of your users connect to the Server Software via an unrestricted-access 
Internet application you must purchase an Unlimited User License from Borland. 
For terms governing public access to an InterBase database from the Internet, 
see the section in this document entitled Unlimited User License. 

Regardless of system configuration you use, no individual Simultaneous User may 
make more than four simultaneous connections to the Server Software under one 
Simultaneous User License.  If any such Simultaneous User requires more than 
four simultaneous connections to the Server Software you must purchase an 
additional Simultaneous User License for such Simultaneous User to obtain the 
right to make an additional four connections. 

Each Simultaneous User License contains a version number.  Each Simultaneous 
User License allows you to connect Client Software to the Server Software only 
if the Simultaneous User License has a major version number which is the same as 
the major version number of the Server Software. (The major version number is 
the integer to the left of the leftmost decimal point).

4.5  UNLIMITED USER LICENSE.  Under the Unlimited User License, Borland grants 
you the personal, nonexclusive, nontransferable and limited license to install 
and use the Client Software on an unlimited number of computers.  Each Unlimited 
User License is associated with a single Server License.  Each Unlimited User 
License allows you to use the Client Software to connect an unlimited number of 
users to the particular instance of the Server licensed under the Server License 
with which the Unlimited User License is associated.

Each Unlimited User License contains a version number.  Each Unlimited User 
License allows you to connect Client Software to the Server Software only if the 
Unlimited User License has a major version number which is the same as the major 
version number of the Server Software. (The major version number is the integer 
to the left of the leftmost decimal point.)

4.6  DEVELOPERS LICENSE.  Under the Developers License, Borland grants you the 
personal, nonexclusive, nontransferable and limited license to install and 
execute the Software on a single computer, subject to the limitations of this 
section 4.6.  The Developers License is limited to use for development purposes 
only, using solely client applications executing on the same computer as the 
server, and grants no rights whatsoever for use for production purposes.  For 
purposes of this section 4.6, development purposes means the purpose of 
executing the Software, alone or in conjunction with other programs or systems 
solely to evaluate the performance or operation of Software or the programs or 
systems, and production purposes means the purpose of executing the Software 
in conjunction with programs or systems where the results of the programs or 
systems are, directly or indirectly, used for business operations or relied upon 
for business decisions.  When executing under a Developers License, the 
Software is subject to limitations on the number of concurrent users, the number 
of simultaneous database connections and the duration for which the Software 
will execute, as further described in the accompanying documentation and/or 
README file.


5.  PROGRAMS COMPILED WITH THE SOFTWARE.  You may write, compile and use your 
own applications ("Application(s)") using the Software including the InterClient 
Software and any libraries and source code included with the Software and you 
may distribute and authorize third parties to distribute the Applications; 
provided, however, that (a) your Application is a product which operates in 
conjunction with the Software, (b) you do not use any of Borland's or its 
licensors' or suppliers' name, logos or trademarks, or any names, logos or 
trademarks of any product of Borland (including the Software) or its licensors 
or suppliers to market the Application or any of your associated software 
product(s), (c) you include Borland's copyright notice as part of the sign-on 
message for the Application or any of your associated software product(s), (d) 
you agree to indemnify, hold harmless, and defend Borland and its licensors and 
suppliers from and against any claims or lawsuits, including attorney's fees, 
that arise out of your writing, compiling, use or distribution of your 
Application or any of your associated software product(s), and (e) your 
Application or any of your associated program(s) is not merely a set or subset 
of the Software or any libraries or source code included with the Software. 


6.  LIMITED WARRANTY AND LIMITATIONS.  

6.1  GRANT OF WARRANTY.  During the term of this License Agreement, Borland 
warrants that the Software, as updated and when properly used, will perform 
substantially in accordance with its accompanying documentation, and the 
Software media will be free from defects in materials and workmanship, for a 
period of ninety (90) days from the date of receipt (the "Limited Warranty").  
Borland's and its licensors' and suppliers' entire liability for the above 
warranty and your exclusive remedy shall be, at Borland's sole and exclusive 
option, either (a) return of the price paid, or (b) repair or replacement of the 
Software or Software media that does not meet the minimum criteria of the 
Limited Warranty.  In order to obtain this remedy for the Limited Warranty, the 
Software must be returned to Borland with a copy of your receipt. DO NOT RETURN 
ANY SOFTWARE UNTIL YOU HAVE CALLED THE BORLAND CUSTOMER SERVICE DEPARTMENT AND 
OBTAINED A RETURN AUTHORIZATION NUMBER.  This Limited Warranty is void if 
Software fails as a result of accident, abuse, or misapplication.  Any 
replacement Software will be warranted for the remainder of the original 
warranty period or thirty (30) days, whichever is longer. Outside the United 
States, neither these remedies nor any product support services offered by 
Borland are available without proof of purchase from an authorized non-U.S. 
source. 

6.2  WARRANTY DISCLAIMER.  EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH 
ABOVE, THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND.  TO 
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BORLAND AND ITS LICENSORS AND 
SUPPLIERS HEREBY EXCLUDE AND DISCLAIM ALL IMPLIED OR STATUTORY WARRANTIES, 
INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, 
QUALITY, NON-INFRINGMENT, 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. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. 
YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE OR JURISDICTION TO 
JURISDICTION.  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. 

6.3  LIMITATION OF LIABILITY.  IN NO EVENT WILL BORLAND OR ITS SUPPLIERS BE 
LIABLE TO ANY PARTY FOR ANY DIRECT, 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 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. 

Notwithstanding the above, if you have entered into a support agreement with 
Borland with respect to the Software, Borland's entire liability regarding 
support services shall be governed by the terms of that agreement. Because some 
states and jurisdictions do not allow the exclusion or limitation of liability, 
the above limitations may not apply to you. 


6.4  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. 

7.0  GENERAL

7.1  EXPORT.  This Software is subject to U.S. Commerce Department export 
restrictions, and is intended for use only in the country or countries into 
which Borland has released it. 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 nor 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 including without limitation nuclear, chemical 
or biological weapons production. In particular but without limitation, none of 
the Software or underlying information or technology may be downloaded or 
otherwise exported or re-exported (i) into (or to a national or resident of) 
Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or (ii) to anyone on the US 
Treasury Department's list of Specially Designated Nationals or the US Commerce 
Department's Table of Deny Orders.  By downloading and/or installing the 
Software, you are agreeing to the foregoing and you are representing and 
warranting that you are not located in, under control of, or a national or 
resident of any country listed in (i) above or on any of the lists set forth in 
(ii) above. 

7.2  RESTRICTED RIGHTS LEGEND.   If the Software is acquired for or on behalf of 
the United States of America, its agencies and/or instrumentalities ("U.S. 
Government"), it is provided with Restricted Rights. Use, duplication, or 
disclosure by the U.S. Government is subject to restrictions as set forth in 
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software 
clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial 
Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. 
Manufacturer is Borland Software Corporation, at the address set forth at the 
end of this License Agreement.

7.3  AUDIT.  If you are entering into this license as an entity other than an 
individual (e.g, as a corporation, a partnership, or other organization), during 
the term of this License and for one (1) year thereafter, Borland or its outside 
auditors will have the right to conduct an audit of your records and computer 
systems to verify that you have paid to Borland the correct amounts owed under 
this License and determine whether the Products are being used in accordance 
with the terms of this License.  Any audit will be conducted during regular 
business hours at your facilities, with reasonable notice.  You agree to provide 
the audit team access to the relevant records and facilities and to provide 
reasonable assistance to Borland in connection with this provision. You agree to 
pay the cost of the audit if any underpayments during the period covered by the 
audit amount to more than five percent (5%) of the fees actually owed or if the 
number of deployments of the Products is more than five percent (5%) of that 
licensed.

7.4. INTEGRATION AND MODIFICATIONS. This License Agreement, together with any 
license certificates purchased by you from Borland or its authorized 
distributors or resellers, constitutes the entire agreement between you and 
Borland with regard to the subject matter hereof and supersedes all prior or 
contemporaneous oral or written communications, representations, understandings 
or agreements not specifically incorporated herein. 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. 

7.5 ASSIGNMENT.  You may not assign this License Agreement or the licenses 
granted hereunder (by operation of law or otherwise, including, without 
limitation, by merger) and any attempt to do so will be null and void.  You 
agree that this License Agreement binds you and each of your employees, agents, 
representatives and persons associated with you. 

7.6 CHOICE OF LAW, JURISDICTION.  This License Agreement shall be construed, 
interpreted and governed by the laws of the State of California, U.S.A., without 
regard to conflicts of laws principles thereof or of any other jurisdiction, and 
you hereby consent to the exclusive jurisdiction of the state and federal courts 
sitting in the State of California for all causes of action arising in 
connection with this Agreement. The parties expressly exclude the application of 
the 1980 United Nations Convention on the International Sale of Goods.  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. 

7.7 CONSTRUCTION. The headings of the sections in this License Agreement are for 
convenience only and shall not affect the interpretation of this License 
Agreement.

If you agree to the terms and conditions of this License Agreement, please 
select the option below indicating your acceptance of this License Agreement.  
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 option indicating rejection of this License Agreement; in such 
a case, Borland is unwilling to license the Product to you, and you will exit 
this installation process, and 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
20450 Stevens Creek Boulevard, Suite 800
Cupertino, CA 95014-2265

42486.3


