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IBM OEM Software Product … CD For PC Manufacturers
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IBM OEM Software - Product Sampler CD for PC Manufacturers.iso
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IPLAEA.TXT
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1997-07-20
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566 lines
International Program License Agreement
_______________________________________
Part 1 - General Terms
______________________
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
USING THE PROGRAM. IBM WILL ONLY LICENSE
THE PROGRAM TO YOU IF YOU FIRST ACCEPT THE
TERMS OF THIS AGREEMENT BY USING THE
PROGRAM. IF YOU DO NOT AGREE TO THE TERMS
OF THIS AGREEMENT, PROMPTLY NOTIFY THE PRO-
VIDER OF THE PROGRAM AND REQUEST A REFUND OF
THE AMOUNT YOU PAID.
The Program is owned by International Busi-
ness Machines Corporation or one of its sub-
sidiaries (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 licensed 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 ADDI-
TIONAL TERMS ARE PART OF THIS AGREEMENT.
1.License
_________
USE OF THE PROGRAM
You may use the Program on only one machine
at any one time, except as otherwise stated
in this section. You agree to ensure that
anyone who uses the Program (accessed either
locally or remotely) does so only for your
authorized use and complies with the terms
of this Agreement.
A Program is considered to be in use when it
resides in memory or is otherwise stored on
a machine. A Program stored on a network
server solely for the purpose of being dis-
tributed to other machines is not considered
to be in use.
IBM specifies charges for Programs based on
how much you use a Program (for example, the
number of users), resources (for example,
processor size), or a combination of both.
For a Program managed by a license manage-
ment tool, copies may be made and stored on
machines under control of that tool, but
your use may not exceed the total number of
users or amount of resource authorized.
Certain Programs IBM designates for home or
travel use may be stored on the primary and
another machine, provided the Program is not
in active use on both machines at the same
time.
You may 1) copy the Program for backup and
2) merge the Program into another program.
You must reproduce the copyright notice and
any other legend of ownership on each copy,
or partial copy, of the Program. You may
use any portion of the Program IBM marks
restricted (for example, "Restricted Mate-
rials of IBM") only to 1) resolve problems
related to the use of the Program and 2)
modify the Program so that it will work
together with other products.
You may not: 1) use, copy, merge, or
transfer the Program except as provided in
this Agreement; 2) reverse assemble, reverse
compile, or otherwise translate the Program
except as specifically permitted by law
without the possibility of contractual
waiver; or 3) sublicense, rent or lease the
Program.
TRANSFER OF RIGHTS AND OBLIGATIONS
You may transfer all your rights and obli-
gations under a license for a Program to
another party, unless IBM specifies other-
wise 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 spec-
ifications. IBM does not warrant uninter-
rupted 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 fol-
lowing 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 WARRAN-
TIES 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 jurisdic-
tion. Some jurisdictions do not allow the
exclusion or limitation of implied warran-
ties, 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 selected
other 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 1) promptly notify IBM in writing of the
claim and 2) allow IBM to control, and coop-
erate with IBM in, the defense and any
related settlement negotiations. If such a
claim is made or appears likely to be made,
you agree to permit IBM to enable you to
continue to use the Program, or to modify
it, or replace it with one that is at least
functionally equivalent. If IBM determines
that none of these alternatives is reason-
ably available, you agree to return the
Program to IBM on IBM's written request.
IBM will then give you a credit for a one-
time charge Program, provided its total
charges have been fully paid. This is IBM's
entire obligation to you regarding any claim
of infringement. IBM has no obligation
regarding any claim based on any of the fol-
lowing: 1) your modification of a Program;
2) the combination, operation, or use of a
Program with any programs, data, or appa-
ratus that IBM did not provide; or 3)
infringement by a non-IBM Program.
6. LIMITATION OF LIABILITY
__________________________
Regardless of the basis on which you may 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 1)
payments referred to in the patents and cop-
yrights terms described above; 2) bodily
injury (including death), and damage to real
property and tangible personal property; and
3) the amount of any other actual direct
damages or loss, up to the greater of the
equivalent of U.S. $100,000 in your local
currency or IBM's then generally available
license charge for the Program.
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 POSSI-
BILITY 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.
It is the maximum for which we are collec-
tively responsible.
7. GENERAL
__________
You may terminate your license at any time.
If you do so, all your license rights to 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 terms of this Agreement. If IBM
does so, all your license rights to the
Program are terminated and you must destroy
all your copies of it.
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.
Part 2 - Country Unique Terms
_____________________________
AUSTRALIA:
These terms may replace or modify
those of Part 1 of the IPLA.
Limited Warranty (Section 3):
The warranties specified this Section are in
addition to any rights you may have under
the Trade Practices Act or other legislation
and are only limited to the extent permitted
by the applicable legislation.
Limitation of Liability (Section 6):
The following paragraph is added to this
Section:
Where IBM is in breach of a condition or
warranty implied by the Trade Practices Act
1974, IBM's liability is limited to: (a)
where IBM supplied services - the cost of
having the services supplied again; or (b)
where IBM supplied goods - the repair or
replacement of the goods, or the supply of
equivalent goods. Where that condition or
warranty relates to right to sell, quiet
possession or clear title, or the goods are
of a kind ordinarily acquired for personal,
domestic or household use or consumption,
then none of the limitations in this
paragraph apply.
CANADA:
These terms may replace or modify
those of Part 1 of the IPLA:
General (Section 7): This Agreement
is governed by the lase of the Province of
Ontario.
CENTRAL EUROPE & RUSSIA:
These terms may replace or modify
those of Part 1 of the IPLA:
General (Section 7): This Agreement
is governed by the material laws of Austria.
All disputes and controversies between the
parties arising out of, or in connection
with, this Agreement or its implementation,
performance or interpretation, shall be
finally settled under the Rules of
Arbitration and Reconcilliation of the
Arbitral Centre in Vienna (Vienna Rules) by
three arbitrators appointed in accordance
with said Rules. The arbitration shall be
held in Vienna, Austria. The official
language of the proceedings shall be
English. The decision of the arbitrators
shall be final and binding upon both parties
and therefore, the parties pursuant to
paragraph 598(2) of the Austrian Code of
Civil Procedure, expressly waive the
application of paragraph 595(1), figure 7 of
said Code. The clauses set forth above
shall, however, in no way limit our right to
institute proceedings in any competent
court.
ESTONIA, LATVIA, LITHUANIA:
These terms may replace or modify
those of Part 1 of the IPLA:
General (Section 7):
All disputes arising in connection
with the present Agreement shall be finally
settled in Arbitration. Each party shall
appoint one arbitrator and they shall
jointly appoint the chairman. If they
cannot agree on the chairman, then the
chairman shall be appointed by the Central
Chamber of Commerce in Helsinki. In the
Arbitration the law on Arbitration will be
adhered to. Finnish law shall apply. The
arbitrators shall come together in Helsinki.
ISRAEL:
These terms may replace or modify
those of Part 1 of the IPLA:
General (Section 7): The limitation
on bringing a legal action will be according
to the law of limitation provided a
notification concerning the cause of action
was sent no more than two years after the
cause of action arose or became known to
plaintiff.
IRELAND:
These terms may replace or modify
those of Part 1 of the IPLA:
Limited Warranty (Section 3): No
statement in this Agreement shall affect the
statutory rights of consumers.
NEW ZEALAND:
These terms may replace or modify
those of Part 1 of the IPLA:
Limited Warranty (Section 3): The
warranties specified in this Section are in
addition to any rights you may have under
the Consumers Guarantee Act 1993 or other
legislation which cannot be excluded or
limited. The Consumer Guarantees Act 1993
will not apply in respect of any goods or
services which IBM provides, if you require
the goods or services for the purposes of a
business as defined in that Act.
Limitation of Liability (Section 6):
The following paragraph should be added to
this Section:
Where products or services are not
acquired for the purposes of a business as
defined in the Consumer Guarantees Act 1993,
the limitations in this Section are subject
to the limitations in that Act.
UNITED KINGDOM:
These terms may replace or modify
those of Part 1 of the IPLA:
Limitation of Liability (Section 6):
The second paragraph of this Section is
replaced by the words:
This limitation will not apply to
claims for death or personal injury or
physical damage to your tangible property
caused by the negligence of IBM or to
any breach of IBM's obligations implied
by Section 12 of the Sales of Goods Act
1979 or Section 2 of the Supply of Goods
and Services Act 1982.
UNITED STATES OF AMERICA
These terms may replace or modify
those of Part 1 of the IPLA:
General (Section 7): This Agreement
is governed by the laws of the State of
New York.
LICENSE INFORMATION
PROGRAM NAME
IBM AntiVirus
SPECIFIED OPERATING ENVIRONMENT
The Program Specifications and Specified
Operating Environment information may be found
in the Installation/Users Guide provided with
this program.
ADDITIONAL TERMS AND CONDITIONS
Authorization for Copy and Use on Home/Portable
Computer
Yes; under the terms stated in the IPLA.
Transfer of Program
Program is fully transferable.
Proof of Entitlement
The Proof of Entitlement for this program
should be retained in order to support
eligibility provided by IBM or its authorized
reseller for warranty services, future upgrade
program prices (if announced), potential
special or promotional opportunities (if any),
and as evidence of the end user's authorized
use of this IBM licensed program.
Program Upgrade
If you acquire this program as an upgrade
from another program, your license is
contingent upon the new program replacing the
old program. You agree to destroy the replaced
IBM program.
Program Services
AVAILABILITY/DURATION OF PROGRAM SERVICES:
Program services will be available until
1998/07/01 IBM AntiVirus
Statement of Service
IBM provides defect support through Program
Services. A defect related problem means the
program does not conform to specifications and
could be either a code or documentation error.
For information on how you may access Program
Services, or other fee-based support services,
please contact IBM or its reseller from whom
you acquired this program.
Warranty
Yes.
U.S. Government Users Restricted Rights
U.S. Government Users Restricted Rights -
Use, duplication, or disclosure restricted by
the GSA ADP Schedule Contract with the IBM
Corporation.
Any other documentation with respect to this
licensed program, including any such
documentation referenced herein, is provided
for information purposes only and does not
extend or modify the material contained in the
License Information.