If you are planning on developing applications using the RAD Studio IDE, then this page will tell you all you need to know about these top two questions from developers.
- What hardware and OS do I need for development of native applications?
- Where can I deploy the applications I build?
The RAD Studio IDE is a Window application that compiles applications for Windows, macOS, iOS, Android and Linux, all from Windows. The RAD Studio IDE connects to remote platforms using its remote Platform Assistant application called PAServer. Through PA Server the IDE deploys files, code signs applications, manages SDKs and enables remote debugging of the applications you develop.
RAD Studio IDE requires at least:
- 1.6 GHz or faster processor
- 2 GB of RAM
- Between 6 GB and 60 GB¹ of available disk space.
- Direct X 11-capable video card that runs at 1024x768 or higher resolution
- Windows 10 Anniversary Edition is recommended and required for development for the Windows 10 store.
¹ Depends on your RAD Studio edition and the features selected during the installation. For more information, see EMB_TEXT_ESTIMATED_REQUIRED_SPACE
Requirements to develop projects for EMB_TEXT_SUPPORTED_TARGET_PLATFORMS:
RAD Studio Tokyo supports the following target platforms:
|Windows||Windows 10, Windows 8.1, Windows 7 (SP1+), Windows Server 2016, and Windows Server 2012 R2||32-bit Windows|
|macOS||10.14 Mojave, 10.13 High Sierra and 10.12 Sierra||macOS|
|iOS||iOS 12, iOS 11, and iOS 10||iOS Device 32-bit|
|iOS Device 64-bit|
|Android*||9, 8, 7, 6, and 5||Android|
|Linux||Ubuntu 18.04 LTS, Ubuntu 16.04 LTS, Ubuntu 14.04 LTS, and RedHat Enterprise Linux (version 7)||64-bit Linux||**|
* RAD Studio only supports real devices (no Android emulator support) with EMB_TEXT_NEON support.
** Available via EMB_TEXT_THIRD_PARTY add-on
In most countries, developing for iOS and macOS requires Apple hardware to code sign native applications. This is due to EULA restrictions on the macOS that requires it to run on Apple hardware. If you want to manage costs, it’s not uncommon for a team of developers to share an Apple device, such as a Mac Mini and use VNC access, or to rent a mac in the cloud.
If you prefer to develop from a laptop, then many developers get a MacBook Pro and run a virtual machine for Windows (using e.g. VMWare Fusion or Parallels). It is then possible to install PA Server on the Mac and run a fast local connection to enable access to the iOS Simulator, to run and test iOS and macOS builds, and code sign applications on the Apple hardware.
Android devices can be connected to directly and are considerably faster than using the Android emulator.
Now in Tokyo Release 3 (10.2.3), mobile device support is included in all Pro Editions of RAD Studio, C++ Builder, and Delphi! Cross-platform application development has never been easier or more accessible than now.
RAD Studio 10.2.3 provides new C++ capabilities, expands RAD Server support for ExtJS, enhances HighDPI support for VCL, makes quality improvements in FireMonkey(FMX), and more!
RAD Studio 10.2 includes the first RAD Studio Linux compiler, improved IDE menus for faster navigation, a host of FireMonkey updates and new features, new TDataSet capabilities, multi-tenancy support in RAD Server, updates to FireDAC, a number of RTL enhancements, improvements in SOAP support, greatly improved compiled C++ performance, and more.
RAD Studio 10.2 follows the EMB_TEXT_10_1_2_RELEASE that introduced the first IDE to offer Windows 32bit and 64bit developers access to the Windows store via the EMB_TEXT_WINDOWS_10_DESKTOP_BRIDGE, expanding AppStore support to Windows, macOS, iOS and Android stores.
With a new dark theme and installer, customizing your IDE to match your coding style has never been easier.
- Dark and Light Themes Whether you like to code at night or during the brightest times of days, RAD Studio's Light and Dark themes have you covered. Dark themes have been reported to reduce eye strain in low light environments, allowing you to work more productively at night. It's easy to toggle between dark and light themes via a toolbar menu.
- Improved Installer The improved installer UI and license manager UI help you identify the options you need and skip what you don't.
- Customizable UI The IDE's layouts are now even more customizable, with a new layout option for startup and when no files are open.
- New Component Icons Find the components you need at a glance with modernized icons, designed to be clear and recognizable.
80% of Internet users own a smartphone and access applications and data from both their mobile device and their laptop/desktop, so developing cross-platform applications is more important than ever. Mobile support is now included in all Pro, Enterprise, and Architect editions of RAD Studio, C++ Builder, and Delphi.
FireMonkey (FMX) enables modern cross-platform user interfaces, and now it's even better with these improvements:
- Quick Edit feature allows you to easily edit a control by changing its name, caption, alignment and layout options.
- Labels font rendering (when in scrolling containers) an all platforms
- Updated Android Admob mobile support to SDK version 7
- Improvements to the DateEdit control, the TrackBar control on Windows, the SpinBox's OnChange event, Viewport3D control rendering on Android and Treeview items display
- Improved Exception handling on macOS High Sierra 10.13.2
- New FMX UI Templates for macOS and Android to make your apps look amazing! These UI screens cover the key UI paradigms that mobile application developers need in today's applications. The GUI templates are available for download in GetIt and include multiple UI designs for login screens, sign-up screens, profile screens, settings screens and more.
- Rename Refactoring. C++ Rename Refactoring in 10.2 Tokyo Release 3 allows you to right-click an identifier in your code, and quickly rename it throughout your project to improve code readability, reduce errors when renaming, and decrease effort to maintain the project.
10.2.3 contains the core of a new C++ IDE tooling capability that stores an AST for your project - symbols, code structure, and more, and this is used for Find References and Rename Refactoring.
- CMake Commandline Support. In 10.2.3, we provide support for building CMake projects on the command line using our compilers. We also specifically support using Ninja with CMake, allowing for very fast parallel builds. This will allow you to easily build third-party libraries without converting them to a C++Builder project. You can also use Ninja for improved build times. CMake supports our Clang-enhanced compilers, and for Win32 uses the new Clang-enhanced driver, bcc32x. CMake command line support is provided for Windows, Android and iOS.
- New bcc32x Compiler Frontend. The existing Win32 Clang-enhanced compiler, bcc32c, which remains in C++Builder, shares a common command line interface with the classic bcc32 compiler. This is a great upgrade path, but meant that all of the Clang-enhanced compilers shared a common command-line interface except for Win32 (bcc32c). The new bcc32x is exactly the same as bcc32c, except that it shares a common command line interface with bcc64, bccios32, bccios64, and bccaarm, adding full consistency across our current-gen compilers.
RAD Studio 10.2.3 enhances support for HighDPI, improves rendering for certain controls and adds improvements to VCL Styles.
- Enhanced HighDPI Support
- Improved VCL styles for ComboBox scrollbars, Popup menu items, controls on a DBCtrlGrid, StatusBar grip, tab sheet images, date-time picker control and accelerator keys in menus
- Improved control rendering for MonthCalendar, GridPanel scaling and DBGrid scaling
- RAD Studio 10.2 added multi-tenancy support
- A single RAD Server instance with a single RAD Server database connection can now support multiple isolated tenants
- Each tenant has a unique set of RAD Server resources including Users, Groups, Installations, Edge Modules, and other data
- Tenant Administration: Create new tenants, edit existing ones, add, edit or delete tenants
- NEW in 10.2.2! Enterprise and Architect editions now include a single server/single site deployment license for RAD Server ($5000 value)
Starting in RAD Studio 10.2, the Delphi IDE includes its first LLVM based Linux compiler for enterprise development, enabling Delphi developers to target 64-bit Intel Linux servers and devices. The Linux compiler is certified for Ubuntu Server (LTS 16.04) and RedHat Enterprise (V7) and is built on top of the LLVM engine. ARC is enabled for effective memory management, while to ensure compatibility with code written for Windows Server, one based strings are used by default.
The new Linux compiler includes
- Full File System support
- Threads and Parallel Programming Library
- FireDAC database access support (for most Linux compatible databases).
- WebBroker, EMS (RAD Server), and DataSnap
- InterBase 2017/ IBToGo 2017 in RAD Studio. InterBase 2017 Developer edition replaces InterBase XE7, which was installed until version 10.2.2. Since we're now including InterBase 2017 as part of the main install, we have disabled the separate download from GetIt available in previous 10.2 versions. The InterBase 2017 Developer license was already included in 10.2.
- DataSnap improvements. Improvements include TDSServer OnError triggering, DSClient connection on C++, Apache Datasnap server methods with JSON parameters and removal of memory leaks in TCP configuration.
- RAD Server has improvements in CORS support and Linux / Apache stability
- FireDAC fixes to TFDQuery.OpenOrExecute, PostgreSQL DirectExecute, BatchMove support for CVS files on mobile, TFDDataSet.PSUpdateRecord and other FDBatchMove improvements
RAD Studio 10.1 Berlin Update 2 - Anniversary Edition
We made big improvements to RAD Studio, Delphi and C++Builder with one central goal in mind: helping you build cross-platform Native Apps faster than ever before and delivering them to the largest audience possible with ease.
Continuing our promise to deliver more in product updates, and ultimately allow you to code on one version for longer, 10.1 Berlin Update 2 – Anniversary Edition delivers competitive advantage by making it easy to deliver your existing VCL applications to millions of new customers faster than with any other tool!
Why 10.1 Berlin Update 2 - Anniversary Edition?
Windows Desktop Bridge Deployment Support allows you to package new and existing desktop applications ready for the Windows 10 Store directly from your IDE using Microsoft's Desktop Bridge. Target hundreds of millions of Windows 10 devices with your existing VCL or FMX code base. Same code, new customers!
With Microsoft Windows Store now alongside macOS, Android and iOS store support, you can now reach billions of users from a single cross-platform app codebase!
QuickEdits – Increase your productivity in the VCL designer with the ability to rapidly modify the name, caption, alignment, layout and color of a control, copy the component name, quickly layout a form from a template, connect images and image lists, and bind the control to a data source or data field.
10.1 Berlin Update 2 benefits from the many new productivity features added in recent releases, including large project support, code block highlighting and the market leading FireUI offering live preview of prototypes on different devices as you design.
New VCL Controls in Update 2 – Improve application usability with two calendar components for Windows 10 that mimic WinRT UI controls while providing support for older versions of Windows.
New Windows 10 Styles – Modernize your application’s look-and-feel with three new Windows 10 styles added for FireMonkey and VCL in Update 2
10.1 Berlin continues to be the fastest way to take full advantage of Windows 10. Support includes native WinRT/UWP components and APIs, Windows 10 VCL User Experience controls, and updated Windows 10 VCL and FMX support.
- Update 2 has an enhanced GetIt Installer that preserve configuration settings on upgrade.
- Additionally, using GetIt you can rapidly add a range of 3rd party components quickly to your IDE, saving time on setup and configuration.
RAD Studio Rio (10.3) empowers developers to create stunning, high performing apps for Windows, macOS, iOS, Android and Linux Server*, using the same native code base. RAD Studio 10.3 makes significant improvements for C++ developers including C++17 Win32 support, improved code completion, debugging for optimized builds and new libraries. Delphi developers can now enjoy inline variable declaration, type inference, and more. For both C++ and Delphi developers, RAD Studio Rio brings enhancements to VCL for High DPI displays, Per Monitor V2 support, new Windows 10 and WinRT APIs, updated mobile platform support, and more.
Finally, RAD Studio Rio adds more value and capabilities to the Enterprise edition with a RAD Server single site deployment license, InterBase ToGo for mobile deployment license and a CData Enterprise Connector license. The Architect edition now includes a CData Enterprise Connector license, a Sencha Ext JS Professional license, InterBase ToGo for mobile deployment license, RAD Server multi-site deployment license, and an Aqua Data Studio license. These additional licenses expand web enablement, application backend server, and database capabilities for your enterprise applications.
We are pleased to announce that RAD Studio 10.3 Rio Release 3 (also known as 10.3.3) is now available. This release adds new capabilities throughout the product designed to benefit Delphi multi-device developers & C++ Windows developers. Delphi 10.3.3, C++Builder 10.3.3 and RAD Studio 10.3.3 are available to download by any active Update Subscription customer.
This new release also includes key fixes and notable enhancements. To learn more about 10.3.3, EMB_TEXT_CLICK_HERE.
Customize your IDE to match your coding style.
The Visual Component Library (VCL) offers easy and visual development of the application user interface, and 10.3 brings new updates to keep your apps looking modern and fresh.
- Enhanced HighDPI Support. Fully support multi-resolution, pixel perfect images on all Windows controls, as well as any custom drawing requiring scaled images for multiple resolution monitors.
- Per Monitor V2 Support. Ensure your Windows app scales correctly by adapting to DPI changes on different screens at runtime.
- Expanded Windows 10 and WinRT API Support. This includes a number of key WinRT APIs and recent Windows 10 APIs, including ready-to-use components for in-app purchases and trials in the Windows 10 Store
- New in 10.3.2: Significant VCL quality improvements
- Updates in many components including ComboBox, MainMenu and PopupMenu, TreeView, StatusBar, PageControl, Button, DateTimePicker
- Additional High DPI and scaling refinement
- Enhancements in forms, frames, painting and styling primitives
- New in 10.3.1: Ten New VCL Styles
RAD Server is a turn-key application foundation for rapidly building and deploying services based applications
Build end-to-end solution for modern Windows 10, macOS, iOS, Android and Linux applications.
Create apps for all supported platforms with less coding effort. Write once, compile everywhere.
Connect to over 20 databases natively with FireDAC’s high speed direct access.
Modernize existing code and compile across platforms.
Modernize VCL apps to support Windows 10 with up-to-date user interface controls, WinRT APIs, HighDPI related features and Windows Store support.
Develop both server and FireMonkey GUI applications for Linux with RAD Studio (Delphi personality).
Develop macOS applications quickly and easily with RAD Studio (Delphi personality).
Deliver iOS and Android applications faster and smarter with platform-aware user interface controls in the FireMonkey framework. Prototype faster with the multi-device designer and live preview in the IDE.
Easily connect your apps to gadgets, devices, sensors, enterprise data, and cloud services.
Use the HTTP and REST client libraries, available on all platforms, to invoke REST services or AWS and Azure components. Leverage powerful CData Enterprise Connectors to access 70+ data sources.
The RAD Studio IDE is used by developers worldwide to build all kinds of applications, and has an open API for expanding its capabilities. Develop and expand the IDE with your own components and IDE plugins, or find ready to use add-ons from our rich 3rd party ecosystem.
Get more from the Architect Edition with these included Idera family licenses.
GetIt now supports parallel downloads to get your new IDE installed with the latest components faster - So get downloading now and enjoy the 10.3 release.
RAD Studio 10.3
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"Component" means a program module or object, developed by Licensee using the Product, that is designed to interoperate with other program modules/objects developed by others using a different development environment.
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"Component Developer" means an individual or entity that uses the Product to develop Components for distribution to Component Customers.
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ADDITIONAL LICENSE TERMS APPLICABLE TO MAC OS X AND iOS DEVELOPMENT
Use of the Product for Mac OS X and iOS development requires that Licensee (i) complete development on an Apple-branded computer using Xcode and the iOS SDK and (ii) agrees to the applicable Apple software license agreement for Xcode and the iOS SDK agreement. Any applications developed using the Product cannot be installed or used on an iOS product or submitted to the Apple App Store unless Licensee has met all of Apple's requirements including but not limited to entering into a separate iOS Developer Program Agreement with Apple. Any images based on Apple's Human Interface Guidelines may only be used with applications for Mac OS X and iOS.
ADDITIONAL TERMS APPLICABLE TO ANDROID DEVELOPMENT
Use of the Product for Android development requires that Licensee agrees to the applicable Google software license agreement for the Android SDK and NDK. Any applications developed using the Product may require compliance with certain Google requirements prior to submission to the Google Play Store.
ADDITIONAL LICENSE TERMS FOR RAD SERVER
Deployment of RAD Server's REST Endpoint Publishing technology (also known as Enterprise Mobility Services) for up to five (5) users within Licensee's organization for testing purposes is permitted under this Agreement without additional charge. Deployment of the REST Endpoint Publishing technology internally in excess of five (5) users for testing purposes is prohibited unless you purchase additional licenses for such excess users or obtain an extended trial license from Embarcadero, which may be granted, denied or conditioned by Embarcadero in its sole discretion. Deployment of RAD Server in a production environment or distribution of RAD Server externally to third parties for any purpose is prohibited unless Licensee purchases a RAD Server Deployment License, which is available for sale separately. Use of RAD Server in a production environment and distribution externally to third parties shall be governed by the terms of such RAD Server Deployment License.
IoT Edgeware technology (also known as ThingPoint) is a component of RAD Server that extends the functionality of RAD Server to smart devices and sensors. The IoT Edgeware technology is subject to the same additional license terms and usage restrictions contained in this Section 2.3 governing RAD Server's REST Endpoint Publishing technology. You may not deploy or use the IoT Edgeware technology unless each user that accesses or connects to the IoT Edgeware technology has a valid RAD Server license. Use of the IoT Edgeware technology by a user without a valid RAD Server license that covers such user is prohibited.
Redistributables under the RAD Server Deployment License are defined in the software deployment file that is provided with the Product.
ADDITIONAL LICENSE TERMS APPLICABLE TO THE COMMUNITY EDITION
In the event Licensee has obtained a Delphi Community Edition or a C++Builder Community Edition license (collectively, the "Community Edition") the following terms apply in addition to the General Terms described in Section 2 above. Please note that RAD Studio is not offered and may not be licensed as a Community Edition. The Community Edition license applies solely if Licensee cumulative annual revenue (of the for-profit organization, the government entity or the individual developer) or any donations (of the non-profit organization) does not exceed USD $5,000.00 (or the equivalent in other currencies) (the "Threshold"). If Licensee is an individual developer, the revenue of all contract work performed by developer in one calendar year may not exceed the Threshold (whether or not the Community Edition is used for all projects). For example, a developer who receives payment of $5,000.00 for a single project (or more than $5,000.00 for multiple projects) even if such engagements do not anticipate the use of the Community Edition, is not allowed to use the Community Edition. In addition, a developer building solely an app store application would not be allowed to use the Community Edition once the app store revenue reaches a revenue of $5,000.00 or more in a year. If Licensee is a company that has a cumulative annual revenue which exceeds the Threshold, then Licensee is not allowed to use the Community Edition, regardless of whether the Community Edition is used solely to write applications for the business' internal use or is seen by third parties outside the company or has a direct revenue associated with it. If Licensee does not qualify to use the Community Edition or otherwise satisfy the additional terms and restrictions applicable to the Community Edition described in this Section, Licensee's may not download or use of the Community Edition and any such use is unauthorized, constitutes a violation of this Agreement and may constitute a misappropriation of Licensor's intellectual property rights.
Licensee may use a Community Edition license to develop software (X) for which Licensee does not charge directly or indirectly a fee or receive other consideration including but not limited to a license fee, a service fee, a development fee, a consulting fee, a subscription fee, a support fee, a hosting fee, or receive an income, or the like ("License Fees") or (Z) to the extent Licensee charges License Fees, Licensee cumulative annual revenue shall not exceed USD $5,000.00 (or the equivalent in other currencies). The Community Edition Licensees are prohibited from moving the command line compiler to a different machine; therefore, the rights granted to Licensee in Section 2.4 do not apply to the Community Edition licenses.
In the event Licensee elects to license the Community Edition (for profit or non-profit) then (i) the total number of the Community Edition licenses deployed may not exceed five (5) individual users; and (ii) Licensees are only allowed to read the VCL, FireMonkey and other source code provided with the Community Edition.
The term of the Community Edition license is for one year from your first download or unsealing of Licensor's Products ("Community Edition Term") and will automatically expire upon the end of the Community Edition Term - the Community Edition license will not auto-renew. To the extent you want to continue using the Community Edition after the expiration or termination of your Community Edition Term, you must re-install the latest version of the Community Edition and agree with the terms and conditions of the Agreement in force at that time. For example, if Licensee installed the Community Edition v1.0 and upon expiration of the Community Edition Term intends to continue using the Community Edition then, subject to Licensee's continued compliance with the additional license terms and restrictions of the Community Edition, Licensee must re-install the then current version of the Community Edition license. Upon expiration of the Community Edition Term, all software developed using the Community Edition license may continue to be distributed by Licensee subject to the terms and restrictions of this Agreement. All restrictions and conditions relating to the Community Edition license shall survive the termination or expiration of your Community Edition Term. The Community Edition license granted under this Section will automatically terminate upon Licensee's breach of the terms specified in this Section. The support described in Section 6.2 below does not apply to the Community Edition Licensees. None of the indemnification rights set forth in this Agreement apply to the Community Edition Licensees.
Embarcadero will collect information about your use of the Community Edition for auditing purposes and improve our products and services. For more information about our collection, use and disclosure of personal data, please review Embarcadero's Privacy Statement at https://www.embarcadero.com/privacy-statement.
ADDITIONAL LICENSE TERMS APPLICABLE TO SOFTWARE LICENSED ON A SUBSCRIPTION BASIS
In the event Licensee has purchased an annual or multi-year term License (a "Subscription License") the following terms apply – the terms contained in this Section do not apply to perpetual or trial licenses. If Licensee has purchased a Network Named User or Named User License then during the term of the subscription commencing on the Effective Date (the "License Term"), Licensee is granted a limited, non-exclusive and non-transferable right and license to install the Product on up to three computers for use by one designated person in Licensee's organization (the "Named User"). Upon expiration of each License Term, all Subscription Licenses shall automatically renew for an additional 12-month License Term (unless otherwise agreed in writing) and Licensor will invoice Licensee at the then-current subscription-based list price for such additional License Term unless Licensor or its authorized representatives are notified by Licensee in writing at least sixty (60) days prior to the expiration of the current License Term that Licensee will not renew the Subscription Licenses granted hereunder for another License Term. Upon expiration or termination of the License Term, Licensee must immediately cease use of and uninstall the Product but Licensed Works developed using the Product may still be distributed. Continued use of Subscription Licenses following the expiration or termination of the License Term is unauthorized, constitutes a violation of this Agreement and may constitute a misappropriation of Licensor's intellectual property rights.
In the event that Licensee provides a credit card in connection with any purchase or renewal of a Subscription License, Licensee hereby represent that Licensee has the authority to use such credit card and hereby agrees to provide valid and current credit card information. By providing credit card information to Licensor, Licensee authorizes Licensor to charge such credit card for all Subscription Licenses and any renewals thereof as set forth in the applicable invoice. Unless otherwise stated in the invoice, invoiced charges are due net thirty (30) days from the invoice date. If any invoiced amount is not received by Licensor by the due date, then without limiting Licensor's rights or remedies, those charges may accrue late interest at the rate of 3% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower.
ADDITIONAL LICENSE TERMS APPLICABLE TO SOFTWARE LICENSED FOR EDUCATIONAL USE
In the event Licensee has obtained an educational license the following terms apply. Licensee may exercise Licensee's rights under this Agreement to use the Product and to create Works solely for Licensee's own personal use in providing or receiving instruction within the limited scope of guided computer programming and/or software training courses in which Licensee are a direct and personal participant, either as student or instructor ("Courses"). Licensee 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. Licensee 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 Licensee are an instructor teaching a Course. All rights not specifically granted to Licensee herein are retained by Licensor.
ADDITIONAL LICENSE TERMS APPLICABLE TO RAD STUDIO, DELPHI AND C++BUILDER, PROFESSIONAL, PROFESSIONAL WITH MOBILE, COMMUNITY EDITION, AND PROFESSIONAL ACADEMIC EDITIONS
In the event Licensee has obtained a RAD Studio, Delphi or C++Builder Professional, Professional with Mobile or Professional Academic product license then the following terms apply.
Subject to the terms and conditions of this Agreement, Licensor grants to Licensee as the licensed user of the Product the limited right to use those portions of the Product identified as "dbExpress" and "FireDAC", in executable form only, to access a local database installed on the same machine as the Work. Licensee may not use that portion of the Product identified as "dbExpress" or "FireDAC" in association with a database located on a different machine other than the machine on which the Works are installed.
The Product may include certain graphical "styles." Some of the styles included with the Product are intended to be deployed on specific platforms or operating systems as indicated in the documentation. Licensee is not licensed to deploy a platform and/or operating system specific style onto an operating system or platform for which the style is not licensed. Licensee is not permitted to use styles used in the IDE itself in their own applications.
ADDITIONAL LICENSE TERMS FOR INTERBASE DEVELOPER EDITION AND TOGO TEST DEPLOYMENT
The portion of the Product identified as InterBase Developer Edition and ToGo Test Deployment are not a Redistributable and is licensed for development and test purposes only. This license does not permit Licensee 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 Applications (defined below). Licensee must obtain a separate InterBase deployment license from Embarcadero before deploying or distributing any Application that uses InterBase.
Under the InterBase Developer Edition license, Licensee may install and execute the InterBase Developer Edition on a single computer, subject to the limitations of this section. The Developer's 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, "development purposes" means the purpose of executing the InterBase Developer Edition, alone or in conjunction with other programs or systems solely to evaluate the performance or operation of InterBase Developer Edition or the programs or systems, and "production purposes" means the purpose of executing the Product 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 Developer's license, the InterBase Developer Edition is subject to limitations on the number of concurrent users, the number of simultaneous database connections and the duration for which the InterBase Developer Edition will execute, as further described in the accompanying documentation and/or README file.
Provided Licensee has obtained a Developer license, Licensee may write, compile and use Licensee's own applications ("Application(s)") using the InterBase Developer Edition including the Client Software, and Licensee may distribute and authorize third parties to distribute the Applications; provided, however, that (a) Licensee's Application is a product which operates in conjunction with InterBase, (b) Licensee does not use any of Licensor's or its licensors' or suppliers' name, logos or trademarks, or any names, logos or trademarks of any product of Licensor (including InterBase) or its licensors or suppliers to market the Application or any of Licensee's associated software product(s), (c) Licensee includes Licensor's copyright notice as part of the sign-on message for the Application or any of Licensee's associated software product(s), (d) Licensee agree to indemnify, hold harmless, and defend Licensor and its licensors and suppliers from and against any claims or lawsuits, including attorney's fees, that arise out of Licensee's writing, compiling, use or distribution of Licensee's Application or any of Licensee's associated software product(s), and (e) Licensee's Application or any of Licensee's associated program(s) is not merely a set or subset of InterBase or any libraries or source code included with InterBase. Licensee is not entitled to distribute any part of InterBase with its Application(s) except for the Client Software, without first entering into a separate license agreement with Licensor.
Use of IBLite and IBToGo requires acceptance of the separate InterBase license agreement.
Licensee may use the InterBase ToGo Test Deployment license for the purpose of executing the InterBase ToGo Test Deployment software, alone or in conjunction with other programs or systems solely to evaluate the performance or operation of Product or the programs or systems. It may not be used for production purposes. When executing under an InterBase ToGo Test Deployment license, the Product is subject to limitations on the duration for which the Product will execute, as further described in the accompanying documentation and/or README file. Embarcadero may extend the duration at its sole discretion.
THIRD PARTY SOFTWARE AND SEPARATELY LICENSED CODE
Certain components of the Product use or incorporate third party software programs and/or libraries (but excluding Separately Licensed Code) ("Third Party Software"). Licensee agrees that Licensor's third party licensors and suppliers are intended third party beneficiaries of all terms and conditions of this Agreement intended to protect intellectual property rights in the Product (including the Third Party Software) and limit certain uses thereof.
The components listed in the third party license file are considered "Separately Licensed Code".
Separately Licensed Code is licensed to Licensee under the terms of the applicable third party license agreement(s) set forth in the third party license file or as provided with the Separately Licensed Code. The terms of such third party license agreement(s) governs Licensee's use of all Separately Licensed Code.
LICENSOR DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SEPARATELY LICENSED CODE;
Licensor is not liable to Licensee, and will not defend, indemnify, or hold Licensee harmless for any claims arising from or related to the Separately Licensed Code; and
Licensor is not liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages including, but not limited to, lost data, lost savings, and lost profits, with respect to the Separately Licensed Code.
2.4. Command Line Compiler. Licensee may install the command line compiler on a separate computer from the Product itself, provided that the sole purpose of doing so is to allow that computer to perform unattended building of applications. The Command Line Compiler shall not be considered a 'redistributable'.
3. TERM. This Agreement shall be effective on the date first accessed by Licensee.
4. TERMINATION. Licensor may immediately terminate this Agreement without further obligation or liability: (a) with respect to a License, if Licensee fails to pay the license fee due for the License hereunder and continues to be delinquent for a period of thirty (30) days after the last day on which payment is due, (b) if a petition alleging insolvency is filed by or against Licensee and not stayed within 60 days, or a receiver is appointed for any part of Licensee's business, or its assets are assigned for the benefit of creditors; or (c) if Licensee commits any material breach of this Agreement and fails to remedy such breach within thirty (30) days after written notice by Licensor of such breach. The termination of this Agreement shall not affect: (i) the obligation of either party pursuant to any License which has not been terminated, and which shall therefore remain in effect in accordance with its terms; or (ii) the survival of the representations and warranties contained herein. Within 60 days of the termination of any License, Licensee shall return to Licensor the terminated Product and all related documentation, and copies thereof. Licensee shall promptly certify in writing to Licensor that all copies of the Product have been removed from each computer upon which the Product was installed, and that any copies not returned have been destroyed.
5. TITLE AND PROPRIETARY INFORMATION.
5.1 TITLE AND COPYRIGHT. Licensor represents and warrants that it has the full rights to license the Product to Licensee and to perform its obligations under this Agreement. All title and copyrights and other industrial, intellectual and marketing rights in and to the Product, including but not limited to all modifications thereto made by or for any person, are owned by Licensor and/or its affiliates and licensors, and are protected by both United States copyright law and applicable international copyright treaties. Licensee agrees not to claim or assert title to or ownership of the Product. Except as expressly set forth herein, Licensee may copy the Product only for backup or archival purposes, and for no other purpose. Licensee will not remove or alter any copyright or proprietary notice from copies of the Product, and copies made by or for Licensee shall bear all copyright, trade secret, trademark and any other intellectual property right notices on the original copies. All rights not specifically granted to licensee herein are retained by Embarcadero.
5.2 RESTRICTIONS. Licensee acknowledges and agrees that the Product contains valuable trade secrets of Licensor and/or its affiliates and licensors, and that this Agreement establishes a confidential relationship between the parties with respect to this information. The licenses granted herein are subject to the following restriction: Licensee agrees not to use the Product to develop an application that is directly competitive to the Product or to any other Embarcadero products. Subject to applicable law, Licensee agrees (a) not to decompile, disassemble, reverse engineer or otherwise attempt to derive the Product source code from object code except to the extent expressly permitted by applicable law or treaty despite this limitation; (b) not to sell, rent, lease, license, sublicense, display, modify, time share, outsource or otherwise transfer the Product to, or permit the use of the Product by, any third party; and (c) to preserve the confidential nature of the proprietary and trade secret information by retaining and using the Product in trust and confidence, solely for its internal use, and using the degree of care and protection that Licensee would use for its own information of similar importance, but in no event less than a reasonable degree of care and protection, to prevent the unauthorized use, copying, publication or dissemination of the Product and Licensor's confidential information learned from Licensee's use of the Product. Licensee will not export or re-export the Product without both the written consent of Licensor and the appropriate U.S. and/ or foreign government license(s) or license exception(s). Licensor shall have the right to seek injunctive relief against any actual or threatened violation of these restrictions, in addition to any other available remedies. Additional restrictions may apply to certain files, programs or data supplied by third parties and embedded in the Product; consult the Product installation instructions or release notes for details. Licensee agrees to promptly report to Licensor any violations of these provisions by Licensee's employees, consultants or agents of which Licensee is aware.
6. SUPPORT AND MAINTENANCE ("Support"). Licensee is entitled to the Support services defined below as part of an annual Support fee.
6.1 ELECTRONIC SERVICES. To the extent that electronic services are available, Licensee may electronically access, at no charge, Support services which will be available twenty four (24) hours a day, seven (7) days per week. Such electronic services may include, but are not limited to: incident submission, case management and Product Releases.
6.2 SUPPORT. Support shall be applicable only to the Product licensed or sold under this Agreement for which Support fees have been paid – users who have not purchased and paid for Support are not entitled to the services set forth in this Section 6.2. Support will not cover any adaptation or modification of the Product made by Licensee or any third party. The email and phone support hours shall be as identified on the Embarcadero support website.
Support shall consist of:
(a) Making available a regional telephone number or other electronic support to Licensee in order for the Licensee to report Product issues and to receive assistance. Licensor will analyze the incident and verify the existence of the problem and provide direction and assistance in resolving the incident; and
(b) Making available all updates, upgrades and other changes ("Releases") that Licensor, at its sole discretion, makes or adds to the Product and which Licensor furnishes, without charge, to other licensees of the Product that are enrolled in Support. Requests for Releases will only be honored during the support term. Physical media requires an additional charge.
(c) Making available or modifying license keys as required for additional permitted installations of properly licensed software (up to the authorized number of users) or transfers to new users, servers, or companies, as permitted under the terms of your license.
6.3 TERMINATION OF SUPPORT. Licensee may cancel enrollment in Support upon written notice to Licensor at least thirty (30) days prior to the next Support Anniversary Date. If Licensee has failed to renew or terminated its enrollment in Support, for a period of up to six months from the Support expiration date, Licensee may re-enroll in Support by paying a reinstatement fee to be calculated based on Licensor's then current reinstatement policy and due for the period during which Licensee was not enrolled in Support. In addition, Licensee must pay the annual charge for Support for the next year in advance. Such reinstatement date shall then be considered the Support Anniversary Date. For the avoidance of doubt, Support reinstatement will not be permitted after six months of lapsed Support. Licensee agrees not to modify the Product without the prior written approval of Licensor. Unapproved alterations to the Product shall void any obligation by Licensor to provide Support for the Product, pursuant to this Section 6, during the warranty period and any subsequent period in which Licensee is enrolled in Support. Licensor may elect to cease offering support services at any time (i) for a particular Product version in the case where it has been replaced by newer release(s) and (ii) in the case where a particular Product has reached its end of life.
6.4 CHANGE OF SUPPORT FEES. Licensor reserves the right to change its then current published list prices for the Products and its charge for Support at any time prior to renewal. Any such change to Support shall not take effect until the completion of the then current support term.
6.5 SERVICES; UPDATES; PRODUCT CHANGES. Licensor is not required under this Agreement to provide any installation, training or other services to licensee. Such services, if available, must be purchased separately. If Licensee purchases support and Licensor provides licensee with a new release, error correction, update, upgrade or other modification to the Product, or Licensee separately purchases an upgrade such modification or upgrade will be deemed part of the Product, and subject to the terms of this Agreement, unless the modification is expressly provided subject to a separate license agreement. If licensee have acquired an upgrade version of the Product (whether through support or purchase of a separate upgrade), such upgrade constitutes a single Product together with the copy of the Product that licensee upgraded. This means that, although Licensee may have two sets of Product media and/or two license keys, licensee still has only one license. Therefore, licensee may not transfer the original copy of the Product or license key to any other party or user. Licensor reserves the right at any time not to release or to discontinue release of any Product and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of any future releases of the Product. If licensee acquires a Network Named upgrade or Concurrent upgrade license which includes rights to older product versions, then Licensee must deactivate the upgraded license upon installation of the upgrade license provided that the product version(s) of the upgraded license are also included in the upgrade license.
7. PAYMENT SCHEDULE. Payment for all License and Support fees shall be due thirty (30) following receipt by Licensee of an invoice by Licensor specifying the amounts due, unless otherwise set forth in an ordering document accepted by Licensor in writing. All fees are nonrefundable. Licensor shall invoice Licensee for the initial Support fees upon the initial order of the licensed Products (the "Support Anniversary Date"). Sixty (60) days prior to each annual Support Anniversary Date of the licensed Products, Licensor shall invoice Licensee the then-current fee for the next year of Support.
8. LIMITED WARRANTY AND CONDITIONS. Licensor warrants and conditions for a period of sixty (60) days that the media on which the Product is furnished will be, under normal use, free from defects in material and workmanship. Licensor also warrants that the Product will perform in all material respects with the operating specifications contained in the accompanying Product documentation, for a period of sixty (60) days from the date of shipment. Other than with respect to any indemnification hereunder, Licensor's entire liability and Licensee's exclusive remedy under this provision will be for Licensor to use commercially reasonable efforts to remedy defects covered by this warranty and condition within a reasonable period of time or, at Licensor's option, either to replace the defective Product or to refund the amount paid by Licensee to license the use of the Product. Licensor does not warrant or condition that the operation of the Product will be uninterrupted or error free or that all software defects can be corrected. This warranty and condition shall not apply if (a) the Product is not used in accordance with applicable documentation; (b) Product defect has been caused by Licensee's malfunctioning equipment; or (c) Licensee has made modifications to the Product not expressly authorized in writing by Licensor. No employee, agent, or representative of Licensor has the authority to bind Licensor to any oral representations, warranties or conditions concerning the Product. Any written representation, warranty or condition not expressly contained in this Agreement shall not be enforceable.
THIS WARRANTY AND CONDITION IS IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS. THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, REGARDING THIS AGREEMENT OR ANY PRODUCT (S) LICENSED HEREUNDER.
9. LIMITATION OF LIABILITY. In no event shall Licensor be liable to Licensee or any other party for consequential, indirect, incidental, exemplary, special or punitive damages from any cause, whether in contract, tort (including negligence) or otherwise, arising out of or in any way connected with the design, manufacture, sale, support or use of the Product. Except as provided in Section 10 below, in no event shall Licensor's liability for direct damages resulting from the use of the Product exceed the amount paid by the Licensee to license the use of the Product.
10. INDEMNIFICATION FOR INFRINGEMENT. The terms of this Section 10 do not apply to the Community Edition Licensees. Licensor will defend or settle, at its own expense, any claim against Licensee asserting a copyright, trademark or trade secret which concerns the Product used within the scope of the Agreement hereunder. Licensor shall indemnify Licensee against any loss, expense or liability including reasonable attorney's fees from any damages alleged against Licensee. Licensor's obligations under this Section are conditioned on Licensee promptly notifying Licensor in writing after Licensee first receives notice of any such claim, action or allegation of infringement and, Licensor being given sole control of the defense of any action and all negotiations for its settlement or compromise, with the reasonable assistance of Licensee. Licensor shall not be liable for any costs or expenditures incurred by Licensee without Licensor's prior written consent. If an injunction or order is obtained against Licensee's use of the Product by reason of the allegations of infringement, or if in Licensor's opinion the Product is likely to become the subject of a claim of infringement, Licensor shall, at its expense:
(a) Procure for Licensee the right to continue using the Product; or
(b) Modify or replace the Product with a compatible, functionally equivalent, non-infringing Product(s); or
(c) If neither (a) nor (b) is reasonably practical in Licensor's judgment, remove the Product and issue Licensee a pro rata credit based upon the License fees paid for the Product prorated over a thirty-six (36) month period from the date of shipment of the Product. Thereafter, termination shall proceed in accordance with the terms of Section 4.
Licensor shall have no obligation under this Section to the extent the alleged infringement results from (i) modification of the Product other than by Licensor; (ii) the combination of the Product with products not provided by Licensor; or (iii) use of any older version of the Product when use of a newer version made available to Licensee would have avoided the infringement.
This Section 10 is Licensor's entire liability and Licensee's sole and exclusive remedy in the event of intellectual property infringement of any kind.
11. VALIDATION AND COLLECTION OF DATA. If Licensee is entering into this Agreement as an entity (e.g., as a corporation, a partnership, or other organization) or as an individual, Licensor may, at its expense, audit (electronic or otherwise) Licensee’s records and systems as they may relate to the use of Products, including, but not limited to, the number of copies of the Product in use by Licensee, the designated CPU(s) on which the Product is installed, the access of the Product including access to machine IDs, serial numbers and related information. As part of any such audit, Licensor or its authorized representative will have the additional right, on fifteen (15) days’ prior notice to Licensee, to inspect Licensee or the Named User’s records, systems and facilities, including machine IDs, serial numbers and related information, to verify that the installation, use of, and access to any and all Product is in conformance with this Agreement and its applicable terms. Additionally, within fifteen (15) days of such prior notice for audit, Licensee will provide Licensor all records and information requested by Licensor in order to verify that the installation, use and/or access of the Product is in conformance with this Agreement. Licensee and the Named User will provide full cooperation to enable any such audit. If Licensor determines that Licensee or the Named User’s installation, use of or access to the Product is not in conformity with this Agreement, Licensee will immediately take such steps as are necessary to bring Licensee and the Named Users’ installation, use and/or access into compliance with this Agreement, and pay the reasonable costs of the audit, in addition to any penalties, fees, or other remedies available to Licensor at law. Any such audit shall be conducted during regular business hours at Licensee’s facilities and shall not unreasonably interfere with Licensee’s business activities. If an audit reveals that Licensee has underpaid fees to Licensor, Licensee shall be invoiced for such underpaid fees (based on the list prices in effect at the time the audit is completed); and if the underpaid fees exceed 5% of the License fees already paid, then Licensee shall also pay Licensor the reasonable costs of conducting the audit.
12. ASSIGNMENT. Neither this Agreement nor any of Licensee's rights, licenses or obligations hereunder may be assigned or delegated by Licensee to any third party, including without limitation in connection with a merger, acquisition, reorganization, outsourcing, change of control or under any other circumstance. Any such purported assignment or delegation shall be void and of no effect and shall constitute an incurable breach of this Agreement resulting in the automatic termination of this Agreement and all rights and licenses granted to Licensee hereunder.
13. U.S. GOVERNMENT RESTRICTED RIGHTS; EXPORT COMPLIANCE. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in FAR Section 52.227-14 Alt. III (g)(3), FAR Section 52.227-19, DFARS 252.227-7014 (b) or DFARS 227.7202, as amended from time to time. Contractor/Manufacturer is Embarcadero Technologies, Inc., 10801 N Mopac Expressway, Building 1, Suite 100, Austin, Texas 78759. Any contract notices should be sent to this address. Licensee may not download, use, transfer, export or re-export the Product except as authorized by United States law and the laws of the jurisdiction in which the Product was obtained. In particular, but without limitation, Product may not be, downloaded, used, exported or re-exported (a) in or to (or by or to a national or resident of) any country then under U.S. economic embargo (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan, and Syria), (b) or any end user who Licensee's knows or has reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems or (c) to any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or on the U.S. Department of Commerce's Denied Persons List or Entity List. By downloading or using Products, Licensee represents and warrants that it is not located in, under control of, or a national or resident of any such country or on any such list.
14. SEVERABILITY. Should any provision of this Agreement be determined to be invalid, ineffective, or unenforceable, under present or future laws, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
15. NOTICE. Notices to either party shall be in writing to the address indicated in this Agreement (or as later amended) and deemed effective when received, or twenty-four (24) hours following the date of the postmark, if sent by prepaid certified mail, return receipt requested.
16. REFERENCING. If applicable, Licensee agrees that Licensor may refer to the corporate name of Licensee as a customer of Licensor, both internally and in externally published media; any additional disclosure by Licensor with respect to Licensee shall be subject to the prior written approval of Licensee.
17. FORCE MAJEURE. Neither party will be in default of its obligations under this Agreement to the extent its performance is delayed or prevented by causes beyond its reasonable control, including but not limited to acts of God, earthquake, flood, embargo, riots, sabotage, utility or transmission failures, fire or labor disturbances. The party facing an event of force majeure shall use its commercially reasonable efforts in order to remedy that situation as well as to mitigate its effects.
18. WAIVER. The waiver by a party of one breach or default by another party under this Agreement will not constitute the waiver of any subsequent breach or default. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
19. SURVIVAL. In the event of expiration or termination of this Agreement for any reason, the provisions of Sections 1, 4, 5, 7-10 and 13-20 shall survive in accordance with their respective terms.
20. ENTIRE AGREEMENT. Licensee agrees that this is the complete and exclusive statement of the agreement between the parties, and supersedes all prior proposals and understandings, oral and written, relating to the subject matter of this Agreement.
21. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to conflicts of law principles. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
22. EVALUATION LICENSE. Licensor is the owner and provider of certain proprietary software and documentation that Licensee desires to have tested and evaluated on the terms and conditions of this Section 22("Software"). For a term not to exceed fourteen (14) days ("Evaluation Period") without Licensor's written authorization, the Software will be provided solely for evaluation purposes for Licensee's own internal use ("Evaluation") and Licensee is hereby granted a nontransferable, nonexclusive, limited license to operate and use the Software for such Evaluation. The Evaluation Period begins on the date Licensee downloads or unseals the Software. At the end of the Evaluation Period, Licensee shall cease using and shall remove the Software from its systems. This requirement applies to copies of the Software in all forms (partial and complete) on all types of media and computer memory and whether or not merged into other materials. Licensee agrees not to cause or permit the reverse engineering, disassembly, modification, translation or decompilation of the Software. Licensee shall not copy the Software, or write or develop any derivative software. Licensee shall not release the results of any Evaluation testing or other performance results of the Software conducted under this Section 22 to any third party without Licensor's prior written consent for each such release.
THE SOFTWARE PROVIDED FOR THIS EVALUATION IS DELIVERED "AS IS, WHERE IS" AND LICENSOR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Licensor does not warrant that the Products will operate without interruption or be error free.
Sections 5, 9, 11-15 and 17-21 of the Agreement shall be deemed incorporated by this reference in the Evaluation license granted under this Section 22.
23. HAZARDOUS USES. The Product is not intended for use, and Licensee 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. Licensee agree that Embarcadero will have no liability of any nature, and Licensee is solely responsible, for any expense, loss, injury or damage incurred as a result of such use of the Product.
24. PRIVACY. The software may collect information about you and your use of the software, and send that to Embarcadero. Embarcadero may use this information to provide services and improve our products and services. For more information about our collection, use and disclose of personal data, please visit EMB_TEXT_WWW_EMBARCADERO_COM_LEGAL.
IF INCLUDED WITH THE PRODUCT THE FOLLOWING APPLIES:
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX END USER RUNTIME
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
* Internet-based services, and
* support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.