For clarity, this section does not apply to the Community Edition, which is a free edition, limited commercial use edition. (a) If Licensee has purchased a Network Named User or Named User License, Licensee may install the Product on one or more computers and designate one person in Licensee's organization ("Named User") the right to use the Product within the Licensed Country, provided that only the Named User uses the Product. Licensor grants to Licensee a non-exclusive, nontransferable, perpetual (except to the extent Licensee has purchased a Subscription License (as defined below)) right and license (the "License") to install this Product within the country (or in the case of a country within the European Union within the European Union) specified by Licensee's ship to address provided by Licensee in the ordering documentation for the Product at the time of purchase ("Licensed Country") and solely for the development of software programs and/or management of its internal systems and data in the following manner: If Licensee is evaluating Licensor software, only the provisions of Section 22 below will govern such evaluation.Ģ.1 LICENSE GRANT. Delivery if made by any means other than electronic delivery, shall be made FCA (Incoterms 2010) Licensor's shipping point. In the event of a conflict between the terms of this Agreement and any ordering document, the terms of this Agreement will govern and control. By downloading or unsealing Licensor's software and/or documentation ("Products"), Licensee is agreeing to be bound by the terms of this Agreement. This Software License and Support Agreement ("Agreement") is a legal agreement between you (either an individual or an entity ("you" or "Licensee")) and Embarcadero Technologies, Inc., a Delaware corporation with offices at 10801 N Mopac Expressway, Building 1, Suite 100, Austin, Texas 78759, including its affiliates ("Licensor").
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