If you obtained the Product from any other source you may not install or use the Product. The Product is proprietary to CodeGear or its licensors. The Product is licensed, not sold, to you notwithstanding any reference herein to "purchases. You have no rights hereunder to use any trademark or service mark belonging to CodeGear.
For each license that you acquire to use the Product, 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 Product media or separately by CodeGear or its authorized distributors or resellers.
The License Certificate will contain information specific to the edition of the Product that you have licensed standard or Academic , 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 Product as set forth in this License Agreement, you must follow the instructions when prompted by the Product.
Unless your License Certificate identifies your acquisition of another license type, you have acquired a Named User License. For more information on which license types, if any, should be included with the Product media you should contact CodeGear or your CodeGear authorized distributor or reseller.
The terms of this Section 2. 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 CodeGear or seven 7 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, CodeGear grants you the personal, nonexclusive, nontransferable and limited license to use the Product solely for evaluation purposes. In order to use the Product after the Evaluation Period, you must obtain from CodeGear, 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 to obtain a License Certificate.
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 below, and workstations, on which it was installed and 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 CodeGear or a CodeGear authorized distributor or reseller to order commercial licenses to use the Product.
The foregoing Named User Licenses shall be for access and use, only by the equivalent number of Named Users for whom you have paid the applicable license fees and obtained a License Certificate. The Product may be used exclusively by the specifically designated Named Users, subject to all the terms and conditions of this License Agreement.
You agree that you will not designate more Named Users than the number of Named User Licenses that CodeGear or a CodeGear authorized distributor or reseller has expressly granted to you and you will not allow the Product to be used by any individuals other than the Named Users designated by you from time to time.
You may install the Product on a reasonable number of machines provided that the Named User is the only individual permitted to use the Product. Subject to the other terms and conditions of this License, you may make a reasonable number of copies of the Product to backup devices such as hard disks, optical media, or tape and one 1 physical CD media backup copy of the Product solely to replace the original copy provided to you if the original copy is damaged or destroyed.
All rights not specifically granted to you herein are retained by CodeGear. Subject to the terms and conditions of this License, CodeGear grants to you a nonexclusive, nontransferable and limited license to install the Product, in executable form only, on a reasonable number of computers or machines or on a server accessed and used by multiple users located in the Territory, as defined in 2.
The foregoing license shall be for access and use, only by the equivalent number of concurrent users for whom you have paid the applicable license fees and obtained a License Certificate, solely to create, test and deploy, in source or object code form, your own application programs and other works "Works". The Product may not be shared or used concurrently on computers or machines located outside of the Territory or in such a way to enable use or access by users located outside the Territory.
You may also make a reasonable number of copies of the Product to backup devices such as hard disks, optical media, or tape and one 1 physical CD media backup copy of the Product solely to replace the original copy provided to you if the original copy is damaged or destroyed. You agree to maintain accurate records of the use of the Product under each License Certificate you hold. The Use in the Territory shall be subject to the export restrictions set forth below.
Territory may be any one, and only one, of the following three geographic areas: Unless otherwise identified in your License Certificate, you may determine the relevant Territory at the time of installation of the Product onto a computer or machine by installing the Product in that one Territory. The geographic Territories are: The deploy. Except as set forth in Section 4, there are no third party beneficiaries to this License.
Consequently, CodeGear provides no warranty at all to any person, other than the limited warranty provided to you the original purchaser of the Product, as set forth herein, and you will be solely responsible to your End Users or anyone else who uses or acquires Works for support, service, upgrades, or technical or other assistance including with respect to any Redistributables included therein , and such persons will have no right to contact CodeGear for any services or assistance.
You will indemnify, defend and hold CodeGear, its licensors, its suppliers and each of their respective employees, officers, directors and affiliates, harmless from and against any claims or liabilities arising out of or related to the use, procurement, reproduction or distribution of your Works by third parties. The following terms and conditions "Program Notes" are specific to certain editions, versions and components of the Product and are in addition to the provisions of Sections 2 and 3.
If any provision of the Program Notes applicable to the Product conflicts with any other provision of this License, then the provision of the Program Notes will supersede and control.
The portion of the Product identified as InterBase is not a Redistributable and is licensed for development purposes only. This License does not permit you to use the InterBase portion of this Product for any commercial, business, governmental institutional or other purpose of any kind, other than development and testing of Works.
You may only reproduce, distribute and use Works, in source or object code form, to other participants of the Courses and then only for educational or training purposes. You may not use the Products or Works created with the products for any commercial, business, governmental or institutional purpose of any kind, except to the extent you are an instructor teaching a Course. You agree that CodeGear's third- party licensors and suppliers are intended third party beneficiaries of all terms and conditions of this License intended to protect intellectual property rights in the Product including the Third-Party Software and limit certain uses thereof.
Separately Licensed Code The provisions of this paragraph do not apply to the extent they are held to be invalid or unenforceable under the law that governs this License. Each of the components listed below is considered "Separately Licensed Code".
CodeGear Separately Licensed Code is licensed to you under the terms of the applicable third party license agreement s set forth in the thirdpartylicense. Notwithstanding any of the terms in this License, or any other agreement you may have with CodeGear, the terms of such third party license agreement s governs your use of all Separately Licensed Code unless otherwise noted below.
Future Product updates or fixpacks may contain additional Separately Licensed Code. You acknowledge that you have read and agree to the license agreements contained in the thirdpartylicense. If you do not agree to the terms of these third party license agreements, you may not use the Separately Licensed Code. Notwithstanding any of the terms in the third party license agreement, the License, or any other agreement you may have with CodeGear: The following are Separately License Code: Apache 2.
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