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📄 td32_license.txt

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Borland Turbo Debugger Version 5.5

INPRISE NO-NONSENSE 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 Inprise Corporation 
("Inprise") 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 are the original purchaser of the 
Software and you do not agree with the terms and conditions 
of the 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 the 
License Agreement, Inprise grants you the right to use the 
Software in the manner provided below.

This Software is owned by Inprise or its suppliers and is 
protected by copyright law and international copyright 
treaty.  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.  

You may transfer the Software and documentation on a 
permanent basis provided you retain no copies and the 
recipient agrees to the terms of the License Agreement.  
Except as provided in the 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 Inprise 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.

If you have purchased an upgrade version of the Software, it 
constitutes a single product with the Inprise software that 
you upgraded.  You may use or transfer the upgrade version 
of the Software only in accordance with the License 
Agreement. 

This Software is subject to U.S. Commerce Department export 
restrictions, and is intended for use in the country into 
which Inprise sold it (or in the EU, if sold into the EU). 


ADDITIONAL LICENSE TERMS FOR Borland Turbo Debugger Version 5.5
Inprise grants to you as an individual, a personal, 
nonexclusive license to install and use the Software for the 
sole purposes of designing, developing, testing, and 
deploying application programs which you create.  You may 
install a copy of the Software on a computer and freely move 
the Software from one computer to another, provided that you 
are the only individual using the Software.  If you are an 
entity, Inprise grants you the right to designate one 
individual within your organization ("Named User") to have 
the right to use the Software in the manner provided above.


GENERAL TERMS THAT APPLY TO COMPILED PROGRAMS AND 
REDISTRIBUTABLES
You may write and compile (including byte-code compile) your 
own application programs using the Software, including any 
libraries and source code included for such purpose with the 
Software. You may reproduce and distribute, in executable 
form only, programs which you create using the Software 
without additional license or fees, subject to all of the 
conditions in this License Agreement.

Inprise products may include certain files 
("Redistributables") intended for distribution by you to the 
users of programs you create.  Redistributables include, for 
example, those files identified in the accompanying printed 
or on-line documentation as redistributable files, those 
files preselected for deployment by an install utility 
provided with the Software (if any), or those files pre-
selected by a third party install utility which operates 
under control of an install script which Inprise has 
certified (if any) for use by licensed users of this 
Software for deploying applications.  In any event, the 
Redistributables for the Software are only those files 
specifically designated as such by Inprise.  From time to 
time, Inprise may designate other files as Redistributables.  
You should refer to the documentation, including any 
"readme" or "deploy" files included with the Software, for 
additional information.  

Subject to all of the conditions in this License Agreement, 
you may reproduce and distribute exact copies of the 
Redistributables, provided that such copies are made from 
the original copy of the Software or the copy transferred to 
the single hard disk.  Copies of Redistributables may only 
be distributed with and for the sole purpose of executing 
application programs permitted under this License Agreement 
that you have created using the Software.  Under no 
circumstances may any copies of Redistributables be 
distributed separately.  Regardless of any modifications 
which you make and regardless of how you might compile, 
link, and/or package your programs, under no circumstances 
may the libraries (including runtime libraries), code, 
Redistributables, and/or other files of the Software 
(including any portions thereof) be used for developing 
programs by anyone other than you.  Only you as the licensed 
user (or the Named User for your entity) have the right to 
use the libraries (including runtime libraries), code, 
Redistributables, or other files of the Software (or any 
portions thereof) for developing programs created with the 
Software.  In particular, you may not share copies of the 
Redistributables with other co-developers.  You may not 
reproduce or distribute any Inprise documentation without 
Inprise's permission.

The license granted in this License Agreement for you to 
create your own compiled programs and distribute your 
programs and the Redistributables (if any) is subject to all 
of the following conditions:  (i) all copies of the programs 
you create must bear a valid copyright notice, either your 
own or the Inprise copyright notice that appears on the 
Software;  (ii) you may not remove or alter any Inprise 
copyright, trademark or other proprietary rights notice 
contained in any portion of Inprise libraries, source code, 
Redistributables or other files that bear such a notice;  
(iii) Inprise provides no warranty at all to any person, 
other than the Limited Warranty provided to the original 
purchaser of the Software, and you will remain solely 
responsible to anyone receiving your programs for support, 
service, upgrades, or technical or other assistance, and 
such recipients will have no right to contact Inprise for 
such services or assistance;  (iv) you will indemnify and 
hold Inprise, its related companies and its suppliers, 
harmless from and against any claims or liabilities arising 
out of the use, reproduction or distribution of your 
programs;  (v) your programs must be written using a 
licensed, registered copy of the Software;  (vi) your 
programs must add primary and substantial functionality, and 
may not be merely a set or subset of any of the libraries 
(including runtime libraries), code, Redistributables or 
other files of the Software; (vii) regardless of any 
modifications which you make and regardless of how you might 
compile, link, or package your programs, the libraries 
(including runtime libraries), code, Redistributables, 
and/or other files of the Software (including any portions 
thereof) may not be used in programs created by your end 
users (i.e., users of your programs) and may not be further 
redistributed by your end users; and (viii) you may not use 
Inprise's or any of its suppliers' names, logos, or 
trademarks to market your programs, except to state that 
your program was written using the Software.

The Software might include source code, redistributable 
files, and/or other files provided by a third party vendor 
(Third Party Software).  Since use of Third Party Software 
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 Software 
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 the License Agreement.

All Inprise libraries, source code, Redistributables and 
other files remain Inprise's exclusive property.  Regardless 
of any modifications that you make, you may not distribute 
any files (particularly Inprise source code and other 
non-executable files) except those that Inprise has 
expressly designated as Redistributables.  Nothing in the 
License Agreement permits you to derive the source code of 
files that Inprise has provided to you in executable form 
only, or to reproduce, modify, use, or distribute the source 
code of such files.  You are not, of course, restricted from 
distributing source code or byte code that is entirely your 
own.  Source code which you generate with an Inprise source 
code generator, such as an Application Wizard, is considered 
by Inprise to be your code.

Contact Inprise for the applicable royalties due and other 
licensing terms for all other uses and/or distribution of 
the Redistributables.

LIMITED WARRANTY
Except with respect to the Redistributables, which are 
provided "as is," without warranty of any kind, Inprise 
warrants that the Software, as updated and when properly 
used, will perform substantially in accordance with the 
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.  Any implied 
warranties on the Software are limited to ninety (90) days.  
Some states/jurisdictions do not allow limitations on 
duration of an implied warranty, so the above limitation may 
not apply to you.

Inprise's and its suppliers' entire liability and your 
exclusive remedy shall be, at Inprise's option, either (a) 
return of the price paid, or (b) repair or replacement of 
the Software that does not meet Inprise's Limited Warranty 
and which is returned to Inprise with a copy of your 
receipt.  DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED 
THE INPRISE CUSTOMER SERVICE DEPARTMENT AND OBTAINED A 
RETURN AUTHORIZATION NUMBER.  This Limited Warranty is void 
if failure of the Software has resulted from 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 Inprise are available without 
proof of purchase from an authorized non-U.S. source.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INPRISE 
AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND 
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT 
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS 
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH 
REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO 
PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU 
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM 
STATE/JURISDICTION TO STATE/JURISDICTION.


LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO 
EVENT SHALL INPRISE OR ITS SUPPLIERS BE LIABLE FOR ANY 
SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES 
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, 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 THE SOFTWARE PRODUCT OR THE 
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF 
INPRISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
IN ANY CASE, INPRISE'S ENTIRE LIABILITY UNDER ANY PROVISION 
OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF 
THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR 
U.S. $25; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO AN 
INPRISE SUPPORT SERVICES AGREEMENT, INPRISE'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 LIMITATION 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"). Inprise 
and its suppliers specifically disclaim any express or 
implied warranty of fitness for High Risk Activities.


U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and documentation are provided with RESTRICTED 
RIGHTS.  Use, duplication, or disclosure by the Government 
is subject to restrictions as set forth in subparagraphs 
(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 Inprise Corporation, 
100 Enterprise Way, Scotts Valley, CA 95066.


GENERAL PROVISIONS
This License Agreement may only be modified in writing 
signed by you and an authorized officer of Inprise. All 
terms of any purchase order or other ordering document shall 
be superseded by this License Agreement.  If any provision 
of the 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 this License Agreement 
shall remain in effect.

This License Agreement shall be construed, interpreted and 
governed by the laws of the State of California, U.S.A.  
This License Agreement gives you specific legal rights; you 
may have others which vary from state to state and from 
country to country.  Inprise reserves all rights not 
specifically granted in this License Agreement.

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