- Feb 7, 2001
- 12,228
- 25
- 101
From Freshmeat.net:
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.
If you have time read the Freshmeat.net article. It's pretty interesting.
*UPDATE*
Quote from Dale Fuller, CEO of Borland taken from The Register.
"The new end user license agreement mistakenly contains language that is specific to enterprise volume customers. This language is industry standard boilerplate for enterprise licenses, but it should not have been included in the individual product licenses. This was an error on our part and is in the process of being fixed," writes Fuller.
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.
If you have time read the Freshmeat.net article. It's pretty interesting.
*UPDATE*
Quote from Dale Fuller, CEO of Borland taken from The Register.
"The new end user license agreement mistakenly contains language that is specific to enterprise volume customers. This language is industry standard boilerplate for enterprise licenses, but it should not have been included in the individual product licenses. This was an error on our part and is in the process of being fixed," writes Fuller.
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