Diamondback Preview License Update

By: Michael Swindell

Abstract: A license update for Diamondback that does not require an NDA or Beta Agreement

Diamondback Borcon Preview users,

As you may or may not have not have noticed, the Borcon Diamondback preview was distributed with an incorrect license agreement, and under that license most recipients would not be able to use the software, since they would not have executed a field-test agreement. So... to correct our error we are offering this license agreement as a replacement. If you have the Diamondback preview you may use the software under this license without entering into any separate agreement or non-disclosure. If you are a beta tester *and* you choose to install the preview edition, then your field-test agreement and non-disclosure still applies to your field test participation and field test releases  and this license agreement will only apply to your use of the Preview.

Because of the incorrect license agreement that was included in the preview CD, some Borcon attendees have asked if they are restricted from talking publicly about the preview; showing screen shots, etc. The answer is that you are not restricted from talking about or showing the preview version of Diamondback. You can post blogs, articles, newsgroup messages, or whatever you like. For beta testers, field test agreement restrictions still apply for the field test releases and updates. Apologies for any confusion this may have caused.

Enjoy!

Michael Swindell
Director, Product Management
Developer Tools Division - .NET Products
Borland Software Corporation

BORLAND SOFTWARE CORPORATION
EXPERIMENTAL TEST SOFTWARE LICENSE TERMS

BORLAND DIAMONDBACK PREVIEW

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, 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.RTF" FILE PROVIDED WITH THE PRODUCT.

YOU MAY ACCEPT THIS LICENSE BY CLICKING THE "YES" BUTTON BELOW. YOU MAY REJECT THIS LICENSE, AND TERMINATE THIS INSTALLATION PROCESS, BY CLICKING THE "NO" BUTTON BELOW. IF YOU DO NOT ACCEPT THIS LICENSE, THEN YOU MAY NOT INSTALL OR USE THE PRODUCT. ANY USE BY YOU OF THIS PRODUCT ALSO CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.

You have received this Product because you have been invited to preview this Product in pre-release form. Borland is only willing to grant you this License if you obtained the Product from Borland. If you obtained the Product from any other source you may not install or use the Product.

If you and Borland have entered into a properly executed written field test license and non- disclosure agreement relating to the field testing of this Product (the "Non-disclosure Agreement") then the terms of any such Non-disclosure Agreement shall control, with respect to that field test, over any conflicting terms herein, and this License shall control, with respect to the Product obtained hereunder.

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 Grant of License. Subject to the terms and conditions of this License, Borland, for a limited time (the Evaluation Period), after which the Product will no longer operate, 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), and test, in source or object code form, your own application programs and other works ("Works") for the sole purposes of evaluating the Product for the purpose of providing feedback to Borland and to develop and test the compatibility of your Works or systems which will operate in conjunction with the Product on the computer on which you have installed the Product, but you do not have a right to distribute or otherwise share those Works that you write or compile or any files of the Product which may be required to support those applications. All rights not specifically granted to you herein are retained by Borland. THE PRODUCT CONTAINS A TIME-OUT FEATURE THAT DISABLES ITS OPERATION AFTER THE EXPIRATION OF THE EVALUATION PERIOD. WORKS THAT YOU CREATE 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.

At the end of the Evaluation Period, further use of the Product by you is prohibited. If you desire to continue to use the Product following the Evaluation Period, you should inquire with Borland or a Borland authorized reseller as to the availability of a final release of the Product.

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4 DISCLAIMER OF WARRANTY. BORLAND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS PRODUCT OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE PRODUCT, FOR ANY PURPOSE. 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.

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6. [Not in use]

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8. TERM AND TERMINATION.

8.1 Term. The term of this License will begin as of the date that you receive the Product and will remain in effect until the end of the Evaluation Period (as displayed in the startup screen) or December 31 , 2004, which ever occurs first, unless earlier terminated under this Section 8.

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9. GENERAL PROVISIONS.

9.1 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 presentes ont expressement exige que la presente Convention et ses Annexes soient redigees en langue anglaise.

9.2 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.

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