BY DOWNLOADING THIS PROGRAM FROM THE INTERNET, YOU ARE ACCEPTING THE TERMS OF THE IBM INTERNATIONAL PROGRAM LICENSE AGREEMENT. YOU MUST ALSO INDICATE YOUR ACCEPTANCE IN ACCORDANCE WITH THE INSTRUCTIONS THAT ACCOMPANY THIS AGREEMENT. THOSE INSTRUCTIONS WILL INFORM YOU HOW TO TERMINATE THE INSTALLATION PROCESS IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT.
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PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. BY USING THE PROGRAM, YOU AGREE TO ABIDE BY THESE TERMS AND APPLICABE COPYRIGHT LAWS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY NOTIFY THE PROVIDER OF THE PROGRAM AND REQUEST A REFUND OF THE AMOUNT YOU PAID.
The Program is owned by International Business Machines Corporation or one of its subsidiaries (IBM) or an IBM supplier, and is copyrighted and licensed, not sold.
IBM grants you a nonexclusive license for the Program. If IBM grants you multiple licenses for the Program, the terms of this Agreement apply to each license. The term "Program" means the original program and all whole or partial copies of it, including portions merged into other programs. A Program consists of machine-readable instructions, audio/visual content (such as images, text, recordings, or pictures), and related license materials. This Agreement includes Part 1 - General Terms and Part 2 - Country Unique Terms. The terms of Part 2 may replace or modify those of Part 1. "License Information," which IBM provides for the Program, may contain additional terms regarding the Program. Any such additional terms are part of this Agreement.
1. License
Under this license, you may:
You may not:
Transfer of Rights and Obligations
You may transfer all your rights and obligations under a license for a Program to another party, unless IBM specifies otherwise in its License Information.
To transfer such rights and obligations, you must transfer a copy of this Agreement, the License Information, all other documentation (including proof of entitlement), and at least one complete, unaltered copy of the Program to the other party. Your license is then terminated.
A Program which IBM licenses in multiples of two or more (for example, as a pack) may only be transferred in its entirety. In this case, individual licenses may not be transferred.
2. Charges, Payment, and Taxes
Payment must be made to the party (either IBM or its reseller) from whom you acquired the Program. If you acquired the Program from IBM, you agree to pay as IBM specifies. If any authority imposes a duty, tax, levy or fee (excluding those based on IBM's net income) on the Program supplied by IBM under this Agreement, you agree to pay that amount as IBM specifies or supply appropriate exemption documentation.
You agree to notify IBM or its reseller and pay any applicable charges if you change the number of users or amount of resource authorized. IBM does not give refunds or credits for charges already due or paid.
3. Limited Warranty
For certain Programs IBM warrants that when they are used in the specified operating environment they will conform to their specifications. IBM does not warrant uninterrupted or error-free operation of a Program. The warranty period for a Program expires when its Program services are no longer available. IBM will specify in its License Information if a Program is warranted or not warranted.
During the warranty period warranty service is provided, without charge, through defect-related Program services. Program services are available for at least one year following a Program's general availability. Therefore, the duration of warranty service depends on when you obtain your license. If a Program does not function as warranted during the first year after you obtain your license, and IBM is unable to make it do so, you may return the Program to the party (either IBM or its reseller) from whom you acquired it and your money will be refunded. To be eligible, you must have acquired the Program while Program services (regardless of the remaining duration) were available for it.
THESE WARRANTIES REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
These warranties give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusion or limitation may not apply to you. In that event such warranties are limited in duration to the warranty period. No warranties apply after that period.
4. Program Services
Defect-related Program services are provided for warranted Programs and for other selected Programs. If your reported problem can be reproduced in the specified operating environment, defect correction information, a restriction or a bypass will be issued. Program services are provided only for the unmodified portion of a current release of a Program. Information regarding how you may obtain Program services will be provided by the party (either IBM or its reseller) from whom you acquired the Program. The duration of Program services is specified in the License Information.
5. Patents and Copyrights
If a third party claims that a Program IBM provides to you infringes that party's patent or copyright, IBM will, at its expense, defend you against that claim and pay all costs, damages, and attorney's fees that a court finally awards, provided that you:
6. Limitation of Liability
Regardless of the basis on which you many be entitled to recover damages from IBM, for any claim (including fundamental breach, negligence, misrepresentation, or other tort), IBM's liability will only be for:
IBM WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF IBM, OR ITS RESELLER, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU.
IBM will not be liable for:
The limitation of liability also applies to any developer of a Program supplied to IBM. It is the maximum for which we are collectively responsible.
7. General
You may terminate your license at any time. If you do so, all your license rights regarding the Program are terminated. You may keep a copy of the Program in your archives. IBM may terminate your license if you fail to comply with the term of this Agreement. If IBM does so, all your license rights to the Program are terminates and you must destroy all your copies of it.
You agree to comply with all the applicable export laws and regulations.
Neither party may bring a legal action under this Agreement more than two years after the cause of action arose.
This Agreement is governed by the laws of the country in which you acquired the Program.
1. License
Under this license, you may:
Under this license, you may not:
THE PROGRAM IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. IBM DISCLAIMS ALL WARRANTIES FOR THE PROGRAM, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IBM DOES NOT WARRANT THAT THE PROGRAM SHALL NOT INFRINGE THE INTELLECTUAL PROPERTIES OF A THIRD PARTY.
3. Limitations of Remedies
IN NO EVENT WILL IBM BE LIABLE FOR ANY DAMAGE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SAVING, INCIDENTAL OR INDIRECT DAMAGES OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF IBM OR ITS AUTHORIZED SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ADDITION, IBM WILL NOT BE LIABLE FOR ANY DAMAGES BY YOU BASED ON ANY THIRD-PARTY CLAIM.
The above limitations of remedies also apply to any developer and/or supplier of the PROGRAM. Such developer and/or supplier is an intended beneficiary of this Section.
4. General
You may terminate your license at any time. IBM may terminate your license if you fail to comply with the terms and conditions of this license. In either event, you must destroy all your copies of the Program.
You are responsible for payment of any taxes, including personal property taxes, resulting from this license.
Neither party may bring an action, regardless of form, more than two years after the cause of the action arose.
If you acquire the PROGRAM in the United States, this license is governed by the laws of the State of New York. If you acquire the PROGRAM in Canada, this license is governed by the laws of the Province of Ontario. Otherwise, this license is governed by the laws of the country in which you acquired the PROGRAM.