OS/2 Shareware BBS: 35 Internet/35-Internet.zip/ncr1117.zip/LICENSE.AGR

Text File | 1995-08-25 | 6KB | 128 lines

  IBM Program License Agreement for Netcomber (Including the IBM Internet Con-
  nection for OS/2)

  BEFORE USING THESE PROGRAMS, (hereinafter collectively referred to as the
  Program), YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS.
  USING THE PROGRAM INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

  The Program is licensed, not sold.  International Business Machines Corpo-
  ration, or the applicable IBM country organization, (IBM) grants you a
  license for the Program only in the country where you acquired the Program.
  You obtain no rights other than those granted you under this license.  The
  term "Program" means the original and all whole or partial copies of it,
  including modified copies or portions merged into other programs.  IBM
  retains title to the Program.  IBM owns, or has licensed from the owner, cop-
  yrights in the Program.  You are responsible for the selection of the Program
  and for the installation of, use of, and results obtained from, the Program.

  1. LICENSE

  Under this license, you may:

  1.  use the Program on only one machine at any one time;

  2.  copy the Program for backup or in order to modify it;

  3.  modify the Program and/or merge it into another program as an essential
      utilization of the Program in conjunction with your machine; and

  4.  transfer possession of the Program to another party.

  If you transfer the Program, you must transfer a copy of this license, all
  other documentation and at least one complete, unaltered copy of the Program
  to the other party.  You must, at the same time, either transfer all your
  copies of the program to the other party or destroy them.  Your license is
  then terminated.  The other party agrees to these terms and conditions by its
  first use of the Program.

  You must reproduce the copyright notice(s) on each copy, or partial copy, of
  the Program.

  You may not:

  1.  use, copy, modify, merge, or transfer copies of the Program except as
      provided in this license;

  2.  reverse assemble or reverse compile the Program; or

  3.  sublicense, rent, lease, or assign the Program.

  2. LIMITED WARRANTY

  PROGRAM

  THIS PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.  IBM DISCLAIMS
  ALL WARRANTIES FOR THE PROGRAM, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
  LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
  PURPOSE.

  MEDIA

  The Warranty Period for the media on which the Program is recorded is for
  three months from the date of its delivery to the original user as evidenced
  by a receipt.

  IBM warrants that the media will be free from defects in material and work-
  manship under normal use during the Warranty Period.  If notified during the
  Warranty Period that the media contains such defects, IBM will replace such
  media.  If IBM is unable to deliver replacement media, you may terminate your
  license, and your money will be refunded upon return of all your copies of
  the Program.  This limited warranty for the media will apply only if the
  Program is licensed and located in the United States or Puerto Rico.

  THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
  INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
  FITNESS FOR A PARTICULAR PURPOSE.

  Some jurisdictions do not allow exclusions of implied warranties, so the
  above exclusions may not apply to you.

  3. LIMITATION OF REMEDIES

  IBM's entire liability under this license is the following:

  IBM will replace defective media in accordance with the media warranty above.

  For any claim (inluding fundamental breach), in any form, related in any way
  to this license, IBM's liability will be for actual damages only and will be
  limited to the greater of:

  1.  the equivalent of U.S. $25,000 in your local currency; or

  2.  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, or any incidental
  damages or or other economic consequential damages, even if IBM, or its
  authorized supplier, has been advised of the possibility of such damages.
  IBM will not be liable for any damages claimed by you based on any third
  party claim.

  This limitation of remedies also applies to any developer of a Program sup-
  plied 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 these limitations or exclusions, so they may
  not apply to you.

  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 acquired your Program in the United States, this license is governed
  by the laws of the State of New York.  If you acquired 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.