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- IBM Program License Agreement
-
- The Program is licensed not sold. International Business Machines
- Corporation, 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, copyrights 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.
-
- License
-
- Under the 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; 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 you other 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.
-
- 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 Programs have a three-month limited warranty on their media.
- THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES (OR
- CONDITIONS), EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
- THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
- PARTICULAR PURPOSE.
-
- Some jurisdictions do not allow the exclusion of implied
- warranties, so the above exclusion may not apply to you.
-
- Limitation of Remedies
-
- IBM's entire liability under this license is the following.
-
- IBM will provide any warranty described in IBM's Statement of
- Limited Warranty. IBM will a) replace defective media, or b) make
- a warranted Program operate or replace the Program with a
- functionally equivalent Program, as warranted. Otherwise, you may
- terminate your license, return all you copies of the Program, and
- IBM will refund the amount you paid for the license.
-
- For any claim (including 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 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 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 limitations or exclusions, so they
- may not apply to you.
-
- 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 you 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 the 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.
-
- End of License Agreement
-