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SCRTENG.AGR
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1995-05-17
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116 lines
PROGRAM LICENSE AGREEMENT
IBM Softcopy Receiver Tool
This is an IBM license agreement for the IBM Softcopy Receiver Tool
(referred to as the "Program") in all of its versions, on CD-ROM or
Tape media (SCRT/MVS, SCRT/VM, SCRT/2, SCRT/DOS).
Your authorized use of this program is limited to use with selected
publications which are delivered with the program. These publications
are specifically prepared to permit electronic READ access.
This is a license agreement and not an agreement for sale. IBM owns
copyrights in the Program. You obtain no rights other than the license
granted you by this Agreement. Title to the copy of the Program, and any
copy made from it, is retained by IBM. IBM licenses your use of the Program
only in the country in which it was acquired. You assume all responsibility
for the selection of the Program to achieve your intended results and for the
installation of, use of, and results obtained from, the Program.
LICENSE
You may:
1. Use the Program solely for the purpose of transferring to permanent
storage those publications delivered with the program.
2. Make copies of the Program for distribution solely within your
enterprise. You shall reproduce and include the copyright notice(s)
on all such copies of the Program in whole or in part. You shall
provide a copy of this license to each person in your enterprise
to whom you distribute a copy of the program.
You shall not:
1. Modify the Program or merge it or any part of it into another program;
2. Transfer the Program outside of your enterprise;
3. Copy, modify, merge, or transfer copies of the Program except as provided
in this Agreement;
4. Reverse assemble or reverse compile the Program;
5. Sub-license, rent, lease, or assign the Program or any copy of the
Program thereof.
WARRANTY
THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The entire risk as to
the quality and performance of the Program is with you.
IBM does not warrant that the functions contained in the Program will meet
your requirements or that the operation of the Program will be uninterrupted
or error free.
However, IBM warrants the media on which the Program is furnished to be free
from defects in materials and workmanship under normal use.
Some states do not allow the exclusion of implied warranties, so the above
exclusion may not apply.
LIMITATION OF REMEDIES
IBM will replace any CD-ROM, cassette, tape or diskette not meeting IBM's
"Limited Warranty" on the media and which is returned to IBM. Or,
if IBM is unable to deliver a replacement CD-ROM, cassette, tape or diskette
which is free of defects in materials or workmanship, you may terminate
this Agreement by returning this Program.
For all other claims related in any way to this license, IBM's
liability will be for actual damages only and will be limited
to $5,000. This limitation will not apply to claims for bodily
injury or damages to real or tangible personal property for
which IBM is liable.
In no event will IBM be liable for any lost profits, lost savings, or any
incidental damages or other economic consequential damages, even if IBM
has been advised of the possibility of such damages, or for any damages
claimed by you based on any third party claim.
The limitation of remedies described in this Section also applies to any
developer of a Program supplied to IBM. IBM's and the developer's
limitations of remedies are not cumulative. Such developer is an intended
beneficiary of this Section.
Some jurisdictions do not allow the limitation or exclusion of incidental
or consequential damages so the above limitation or exclusion may not
apply to you.
GENERAL
You may terminate your license at any time by destroying all your copies of
the Program or as otherwise described in this Agreement.
IBM may terminate your license if you fail to comply with the terms and
conditions of this Agreement. Upon such termination, you agree to destroy
all your copies of the Program.
Any attempt to sub-license, rent, lease or assign, or except as expressly
provided herein, to transfer any copy of the Program is void.
No action, regardless of form, arising out of this Agreement may be brought
by either party more than two years after the cause of action has arisen
except for breach of the provisions of the Section entitled "LICENSE" in
which event four years shall apply.
If the Program is acquired in the United States, the laws of the State of New
York govern this Agreement. If acquired in Canada, the laws of the Province
of Ontario govern this Agreement. If acquired in other than the United
States or Canada, the laws of the country in which the Program was
acquired will govern.