IP: FW: Borland licensing...

[David Farber <dfarber () earthlink net>]

-----Original Message-----
From: Richard Forno <rforno () infowarrior org>
Date: Sat, 12 Jan 2002 13:12:02 
To: <farber () cis upenn edu>
Subject: FW: Borland licensing...


Now THIS is interesting....from the DMCA_DISCUSS list.

Full thread (with comments) at http://freshmeat.net/articles/view/369/

...but here are two of the snippets that caught my eye.....


> 12.  AUDIT.  During the term of this License and for one
> (1) year thereafter, upon reasonable notice and during
> normal business hours, Borland or its outside auditors will
> have the right to enter your premises and access your
> records and computer systems to verify that you have paid
> to Borland the correct amounts owed under this License
> and determine whether the Products are being used in
> accordance with the terms of this License.  You will
> provide reasonable assistance to Borland in connection
> with this provision.  You agree to pay the cost of the audit
> if any underpayments during the period covered by the
> audit amount to more than five percent (5%) of the fees
> actually owed for that period.


> 14.4  No Jury Trials; No Joinder. Each party hereby
> irrevocably waives its right to a jury trial in any legal
> action, suit or proceeding between the parties arising out
> of or relating to this License.  A copy this License may be
> filed with the court as written consent by both parties to a
> bench trial.  You agree that any dispute you may have
> against Borland cannot be joined with any dispute of any
> other person or entity in a lawsuit, arbitration or any other
> proceeding, or resolved on a classwide basis.


(Sent from Dave's Blackberry.)

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