OS/2 Professional/OS2PRO194.ISO/os2/wps/mmpm2/cdexplor/license.txt

Text File | 1992-12-16 | 10.9 KB | 137 lines

              IBM PROGRAM LICENSE AGREEMENT
----------------------------------------------------------------------

IF YOU DOWNLOAD OR USE THIS PROGRAM, YOU AGREE TO THESE TERMS:

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 this license, you may:

1. use the Program on only one machine at any one time, unless
   additional license information supplied with the Program
   specifies otherwise;
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, additional license information (if applicable),
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 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   ***

1. Program

   THIS PROGRAM IS PROVIDED "AS IS" WHICH MEANS THAT IBM GRANTS
   TO YOU NO WARRANTY AND YOU, NOT IBM, ASSUME THE ENTIRE RISK
   OF QUALITY AND PERFORMANCE, INCLUDING THE ENTIRE COST OF ANY
   NECESSARY CORRECTIONS TO THIS PROGRAM OR REPAIR OF ANY
   DEFECTS.

   We do not warrant that the Program is free from claims by a
   third party or copyright, patent, trademark, trade secret,
   or any other intellectual property infringement.

2. Media

   The Warranty Period for the media, supplied by IBM, 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 this media will be free from defects in
   material and workmanship 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 MEDIA WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, 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.

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 these 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 your copies
of the Program.

You are responsible for payment of any taxes, including personal
taxes, resulting from this license.

Neither party may bring an action, regardless of form, more than
two years after the cause of 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 law of the country in which you acquired the
Program.