home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
IBM OEM Software Product … CD For PC Manufacturers
/
IBM OEM Software - Product Sampler CD for PC Manufacturers.iso
/
Licence.Txt
< prev
next >
Wrap
Text File
|
1998-05-06
|
6KB
|
149 lines
Terms and Conditions
====================
Before submitting your order, you have to agree to the
following terms and conditions.
International Program License Agreement.
=======================================
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING
THE PROGRAM. BY USING THE PROGRAM,YOU AGREE TO ABIDE
BY THESE TERMS AND APPLICABLE COPYRIGHT LAWS. IF YOU
DO NOT AGREE, 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 its subsidiaries (IBM) or IBM's suppliers, and is
copyrighted and licensed, not sold.
The term "Program" means the original program and all whole
or partial copies of it, including portions merged into other programs.
IBM grants you a nonexclusive license for the Program.
If IBM authorizes you for multiple licenses of the Program,
the terms of this Agreement apply to each license.
The section, in the included documentation, entitled "License Information"
may contain additional terms regarding the Program.
Any such additional terms are part of this Agreement.
License
=======
Under this license, you may:
- use the Program on only one machine at any one time as follows -
- for a Program whose access is controlled by a license management
tool, copies may be made and stored on machines under control
of that tool, however, only the number of copies capable of being
accessed at the same time are considered in use, and
- in all other cases the Program is in use on a machine when it
is resident in memory or on the hard disk or other storage device,
however,
- when the Program is installed on a network server for distribution
purposes, it is not considered in use
- copy the Program for backup
- merge the Program into another program, and
- transfer all of your license rights in the Program to
another party. To do so you must transfer a copy of this Agreement,
the License Information, all other documentation, and at least
one complete, unaltered copy of the Program to the other party.
Your license is then terminated.
You must reproduce the copyright notice(s) and any other notice of
ownership on each copy, or partial copy, of the Program.
You may not:
- use, copy, merge, or transfer the Program except as provided
in this Agreement
- reverse assemble, reverse compile, or otherwise translate the
Program except as specifically permitted by law without the
possibility of contractual waiver
- sublicense, rent, or lease the Program.
Limited Warranty
================
Some Programs have limited warranties. The warranty details and
limitations are described in their Statement of Limited Warranty.
Some Programs are not warranted and IBM will specify that they are
provided "AS IS."
All Program media have a three month limited warranty.
THESE WARRANTIES REPLACE ALL OTHER WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES 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 of implied warranties,
so the above exclusion may not apply to you. In that event, such
warranties are limited in duration to the warranty period.
No warranties apply after that period.
Limitation of Liability
=======================
Regardless of the basis on which you may be entitled to recover
damages from IBM, for any claim (including fundamental breach),
IBM's liability will be for actual damages only and will be limited
to the greater of:
- the equivalent of USD 25.000 in your local currency
- IBM's then generally available license fee for the Program.
This limitation will not apply to claims for bodily injury
or damages to real or tangible personal property for which IBM
is legally liable.
IBM WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS,
INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OR OTHER ECONOMIC
CONSEQUENTIAL DAMAGES, EVEN IF IBM, OR ITS AUTHORIZED SUPPLIER,
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 LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
IBM will not be liable for 1) loss of, or damage to, your records
or data or 2) any damages claimed by you based on any third party claim.
This limitation of liability also applies to any developer of a
Program supplied to IBM. IBM's and the developer's limitations of
liability are not cumulative.
General
=======
You may terminate your license at any time. IBM may terminate
your license if you fail to comply with the terms of this Agreement.
In either event, you must destroy or disable all your copies of the
Program.
You agree to pay the applicable license fee for the Program.
You are also responsible for payment of any taxes, including personal
property taxes, resulting from this Agreement.
You agree to comply with all 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 except that:
- if you acquired the Program in the United States, this Agreement
is governed by the laws of the State of New York
and
- if you acquired the Program in Canada, this Agreement is governed
by the laws of the Province of Ontario.