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About Borland

Legal Notices

Terms of Use

Borland Software Corporation (‘Borland’) makes content available on this Website (this ‘Site’), subject to the following Terms of Use (‘Terms’). By accessing this Site, you agree to these Terms. If you do not agree to all of these Terms, do not use this Site. Borland reserves the right to change these Terms at any time without notice. Borland reserves the right to seek all remedies available by law and in equity for any violation of these Terms. Any rights not expressly granted herein are reserved by Borland. These Terms represent the entire understanding relating to the use of this Site and supersede any prior or contemporaneous, conflicting or additional communications.

Copyright

The materials on this Site are copyrighted and protected by copyright laws and treaty provisions. You may download one copy of the information (‘Materials’) found on this Site on a single computer for your personal, non-commercial internal use only unless specifically licensed to do otherwise by Borland in writing. Except as otherwise provided in this paragraph, no portion of this Site may be distributed or reproduced by any means, or in any form, without Borland's prior written permission.

COPYRIGHT NOTICE:

© 2014 Borland Software Corporation

Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Borland designates an agent, as described below, to receive notifications of claimed infringement. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may contact our agent as provided below.

Legal name and address of service provider:

Borland Software Corporation
700 King Farm Blvd, Suite 400
Rockville, MD 20850

Name under which service provider does business:

Borland Software Corporation

Designated agent:

Cynthia Nelson

Designated agent's address:

Cynthia Nelson
Sr. Contracts Manager
Borland Software Corporation
700 King Farm Blvd, Suite 400
Rockville, MD 20850

Telephone, fax, and email address of designated agent:

Telephone: 1 (408) 863-2958
Fax: 1 (408) 517-2869
Email: dmca@borland.com

The above contact information is for use only to send notifications of claimed infringement. For all other purposes, please visit Borland's contact us page.

Use of Software

The software and accompanying documentation available for download from this Site are the copyrighted works of Borland and/or third parties. Use of the software is governed by the terms of the end user license agreement which accompanies such software. If no license agreement accompanies the download, the terms of the license agreement which accompanied the original product being updated will govern. Such software is made available for download solely for use by end users according to such end user license agreement. You will not be able or be permitted to use, download or install any software unless you agree to the terms of such end user license agreement.

Data Privacy

The collection and use by this Site of personal information is governed by Borland's Privacy Policy , incorporated by reference.

Use of Site Materials and Information

Except as otherwise indicated on this Site, you may view, print, copy, and distribute documents (but not software) on this Site subject to the following terms and conditions:

  1. (a) The documents may be used solely for informational, personal, non-commercial purposes; (b) any copy of the documents or portion thereof must include all copyright and proprietary notices in the same form and manner as on the original; (c) the documents may not be modified in any way; and (d) Borland reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from Borland.
  2. Documents specified above do not include the layout or design of this Site. Elements of this Site are protected by trade dress or other laws and may not be imitated or reproduced in whole or in part.
  3. Documents specified above do not include logos, graphics, sounds or images on this Site, which may be reproduced or distributed only when expressly permitted by Borland.

Member Account

If any Borland Services require you to open an account, you agree to provide accurate, current and complete information in the Registration form. You will also choose a password and user name. If you provide any information in the Registration form that is false, inaccurate, out-of-date or incomplete, or a password or user name that contains any inappropriate, profane, defamatory, obscene, fraudulent, illegal or indecent terms, Borland may suspend your account and refuse to provide you with any Borland Services. You are entirely responsible for any and all activities that occur under your account.

Chat Rooms, Newsgroups and Hosted Services

Use of Chat Rooms: As a chat room or newsgroup user (‘User’), you are responsible for your own communications and for the consequences of posting those communications. We do not represent or guarantee the truthfulness, accuracy or reliability of any material posted by Users or endorse any opinions expressed by Users. You acknowledge and understand that any reliance on materials posted by other Users will be at your own risk.

Content Policy: We do not screen communications in advance and are not responsible for screening or monitoring material posted by Users. If notified by a User of communications that allegedly do not conform to these terms of use, we may investigate the allegation and determine in our sole discretion whether to remove, block or disable access to the communication or posted materials. We also reserve the right, but do not undertake the affirmative obligation, to do so on our own initiative if we discover any such communications or posted materials. We have no liability or responsibility to Users for performance or nonperformance of such activities. Furthermore, we reserve the right to terminate the access rights of Users and prevent their further access to the newsgroups, hosted services and chat room facilities for violating our terms of use or any applicable law, and reserve the right to remove communications or posted materials that, in our sole discretion, are abusive, harassing, disruptive, infringing, obscene, lewd, lascivious, excessively violent, illegal or otherwise objectionable.

All information, communications and posted materials are the sole responsibility of the person from whom such content originated. This means that you, and not Borland, are entirely responsible for all content that you make available.

In consideration of being allowed to use the chat room, newsgroup or hosted services provided by us on this Site, you agree, represent and warrant that you will not: (a) use the services for any purpose in violation of local, state or national laws of any country; (b) post, store or transmit material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner; (c) post, store or transmit material that reveals trade secrets, unless you own them or have the permission of the trade secret owner; (d) post, store or transmit material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (e) post, store or transmit material that is obscene, lewd, lascivious, excessively violent, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; (f) post, store or transmit sexually-explicit images; (g) post, store or transmit child pornography; (h) post, store or transmit advertisements or solicitations of business; (i) post, store or transmit chain letters or information relating to pyramid schemes; (j) engage in any activity that interferes with or disrupts Borland’s services (or the servers and networks which are connected to the services); or (k) impersonate another person or User.

Please remember that any information that is disclosed in the hosted services, newsgroups and chat room facilities becomes public information. By posting materials and communications, you grant: (a) to us: royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, translate, distribute, perform and display those materials and communications alone or as part of other works in any form, media, or technology, whether now known or hereafter developed; and (b) to other Users: the right to access, view, store and reproduce the materials and communications for personal use.

Submissions, Comments and Feedback

Any questions, comments, suggestions, ideas, concepts, techniques, data, materials or information (‘Feedback’) that you provide to us shall not be regarded as confidential. We have no obligation of any kind with respect to any Feedback. We shall be free to reproduce, perform, use, disclose, exhibit, display, transform, create derivative works from, and/or distribute any Feedback without limitation. Further, we shall be free to use any ideas, concepts, know-how, data or techniques contained in any Feedback for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate such ideas, concepts, know-how, data or techniques.

Linking to Site

Borland permits anyone to link to this Site subject to the linker's compliance with the terms and conditions set forth below. A site that links to this Site:

  1. May link to, but not replicate, content contained in this Site;
  2. Must not create a frames or border environment or browser around content contained in this Site;
  3. Must not present misleading or false information about Borland's services or products;
  4. Must not misrepresent Borland's relationship with the linker;
  5. Must not imply that Borland is endorsing or sponsoring the linker or the linker's services or products;
  6. Must not use Borland's logos or trade dress without prior written permission from Borland;
  7. Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;
  8. Must not contain materials that would violate any laws;
  9. Must agree that the link may be removed at any time upon Borland's request pursuant to Borland's reserved rights to rescind its consent to allow the link.

Links to Other Sites

This Site provides links to third-party websites, which are not under the control of Borland. We make no representations about any other website that you may access through this one. When you access a non-Borland website please understand that it is independent from us, and that we have no control over the content on that website. In addition, a link to a non-Borland website does not mean that we endorse or accept any responsibility for the content, or the use, of such website.

Viruses and Destructive Code

It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

Third-party Products and Services

This Site mentions third-party products and services for informational purposes. Borland makes no recommendations or endorsements about any third-party products and services. References to third-party services and products are provided by Borland ‘as is’, without warranty of any kind, either express or implied.

Disclaimer, Limitation of Liability and Indemnification

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND BORLAND, THE SOFTWARE, DOCUMENTS, FILES AND INFORMATION CONTAINED ON THIS SITE ARE PROVIDED ‘AS IS’, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED.

BORLAND MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED ON THIS SITE. ANY QUESTIONS REGARDING THE INFORMATION SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH INFORMATION CONTAINED ON THIS SITE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS SITE.

IN NO EVENT WILL BORLAND BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, RELIANCE ON ANY OF THE MATERIALS PRESENTED ON THIS SITE, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, LOSS OF OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, OR OTHER ECONOMIC ADVANTAGE, EVEN IF BORLAND EXPRESSLY ADVISED OF THE POSSIBILITY OR FORESEEABILITY OF SUCH DAMAGES.

YOU AGREE TO INDEMNIFY AND HOLD BORLAND HARMLESS FROM, AND YOU COVENANT NOT TO SUE BORLAND FOR, ANY CLAIMS THAT MAY BE ASSERTED, ARISING OUT OF, RELATING TO, OR BASED ON USING THIS SITE OR ANY OF THE SERVICES PROVIDED ON OR MADE ACCESSIBLE BY THIS SITE.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, BORLAND MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.

General

Products and Services Availability

This Site can be accessed from countries around the world and may contain references to Borland services, programs, and products that have not been announced in such country. These references do not imply that Borland intends to announce such services, programs, or products in such country.

Governing Law and Forum

The terms of use set forth in these Legal Notices and any claims relating thereto shall be governed and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions thereof or of any other jurisdiction. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Santa Clara County in the State of California and the United States District Court for the Northern District of California, with respect to any claims arising out of or relating to the terms of use set forth in these Legal Notices or your use of this Site.

International Use

Borland controls and operates this Site from its offices located in the State of California in the United States. We make no representation that this Site or its contents are appropriate and available for use in other locations and accessing them from territories where their content is illegal is prohibited. You may not use or export the contents of this Site in violation of United States export laws and regulations. If you use this Site from other countries, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of such countries.

Export Control Laws

Software available on this Site is subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran or any other country to which the United States has embargoed goods; or (2) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Denial and Prohibition Orders.

By downloading or using software from this Site, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list. You agree to comply strictly with all United States. export control laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

The information on export control laws provided herein is not necessarily complete. For more information on export control laws, please refer to 15 C.F.R. §§736, 738, 744, 746, or telephone the United States Commerce Department, Bureau of Export Administration at (408) 998-7402, (202) 482-2440, or (202) 482-4811.

U.S. Government Restricted Rights

Any software which is downloaded from this Site for or on behalf of the United States of America, its agencies and/or instrumentalities, 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, 20450 Stevens Creek Boulevard, Suite 500, Cupertino, CA 95014-2265 USA.

Registrant Removal

In the event that we determine, in our sole discretion, that you have breached any of our terms of use, or have otherwise demonstrated conduct inappropriate for our community, we reserve the right to, with or without notice, (a) delete any or all content provided by you or your agent(s) to this Site; (b) terminate your access to this Site; (c) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (d) take any other action which we, in our sole discretion, deem to be appropriate.

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