BELOW PLEASE FIND THE LICENSE AGREEMENT WHICH GOVERNS YOUR USE OF NETSCAPE COMMUNICATOR 4.04 FOR OS/2 WARP AND THE OS/2 UPDATE REQUIRED TO RUN IT.
A. IBM INTERNATIONAL LICENSE AGREEMENT FOR NETSCAPE COMMUNICATOR 4.04 FOR OS/2 WARP.
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. REGARDLESS OF HOW YOU ACQUIRE THE PROGRAM (ELECTRONICALLY, PRELOADED, ON MEDIA OR OTHERWISE), BY USING IT YOU AGREE TO THESE TERMS.
I. LICENSE.
Subject to the terms and conditions of this Agreement, including, without limitation, the terms and conditions set forth below in Section VII "Additional Terms and Conditions" and Section VIII "Country Unique Terms", IBM grants to you a non-exclusive, non-transferable, non-assignable right, under the applicable IBM copyrights, to use one copy of the PROGRAM on only one machine at any one time.
You may not copy, modify or merge copies of the PROGRAM except as provided in this Agreement. You may not rent, lease, sell, sublicense, assign, distribute or otherwise transfer the PROGRAM except as provided in this Agreement. You may not reverse compile, reverse assemble or translate any part of the PROGRAM, except as specifically permitted by law without the possibility of contractual waiver.
II. COPYRIGHT.
The PROGRAM is owned by International Business Machines or its subsidiaries (IBM) or IBM's Suppliers and is copyrighted and licensed, not sold. You may make one copy of the PROGRAM for backup purposes. You must reproduce the copyright notice(s) on such copy of the PROGRAM.
III. TERM AND TERMINATION.
You may terminate your license to the PROGRAM at any time by destroying all of your copies of the PROGRAM. In addition, IBM may terminate your license to the PROGRAM if you fail to comply with all the terms and conditions of this Agreement. Upon termination, you agree to destroy all of your copies of the PROGRAM.
IV. NO WARRANTY.
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PROGRAM. THE EXCLUSION ALSO APPLIES TO ANY OF IBM'S SUBCONTRACTORS, SUPPLIERS OR PROGRAM DEVELOPERS (COLLECTIVELY CALLED "SUPPLIERS").
V. LIMITATION OF LIABILITY.
NEITHER IBM NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF IBM IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
VI. GENERAL.
The laws of the country in which you acquired the PROGRAM govern this Agreement, except: (1) in Australia, the laws of the State or Territory In which the transaction is performed govern this Agreement; (2) in Central Europe and Russia, the laws of Austria govern this Agreement; (3) in Estonia, Latvia, and Lithuania, the laws of Finland govern this Agreement; (4) in Canada, the laws of the Province of Ontario govern this Agreement; and (5) in the United States and Puerto Rico, and the People's Republic of China, the laws of the State of New York govern this Agreement. You agree to comply with all applicable governmental laws, regulations, orders and rules, including, without limitation, those that relate to the export of the PROGRAM. This Agreement is the complete and exclusive agreement regarding the PROGRAM and replaces any prior oral or written communications between you and IBM. For a change to be valid, both you and an authorized IBM representative must sign it.
VII. ADDITIONAL TERMS AND CONDITIONS.
You may only use the PROGRAM if you are a current licensee of either OS/2 Warp 4, OS/2 Warp Server Version 4, OS/2 Warp Server Advanced Version 4, OS/2 Warp Server Advanced SMP Feature, or WorkSpace On-Demand. For each such license of OS/2 you possess, you may make a corresponding copy of the PROGRAM for use with that licensed copy. You must reproduce the copyright notice(s) on all such copies of the PROGRAM. Your use of each copy of the PROGRAM shall be governed by the terms and conditions of this Agreement.
IBM will not provide any program services or technical support for the PROGRAM.
THE PROGRAM IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEM, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE PROGRAM COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). IBM, NETSCAPE AND THEIR SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
VIII. COUNTRY UNIQUE TERMS
The following terms and conditions may replace or modify the terms and conditions set forth above if you acquired the PROGRAM in any of the countries set forth below.
AUSTRALIA:
No Warranty (Section IV): The warranties specified in this Section are in addition to any rights you may have under the Trade Practices Act or other legislation and are limited only to the extent permitted by the applicable legislation.
Limitation of Liability (Section V): 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 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.
NEW ZEALAND:
No Warranty (Section IV): The warranties specified in this Section are in addition to any rights you may have under the Consumer Guarantees 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 we provide, if you require the goods and services for the purposes of a business as defined in the Act.
Limitation of Liability (Section V): 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 the Section are subject to the limitations in that Act.
GERMANY:
No Warranty (Section IV): The warranty for any IBM Program covers the functionality of the Program for its normal use. In case a Program is delivered without specifications, IBM will only warrant that the Program information correctly describes the Program and that the Program can be used according to the Program information. The minimum warranty period is six months.
Limitation of Liability (Section V): The limitations and exclusions specified in the Agreement will not apply to damages caused by us with intention or gross negligence. IBM is liable for assured characteristics.
IRELAND:
No Warranty (Section IV): Except as expressly provided in these terms and conditions, all statutory conditions, including warranties implied, but without prejudice to the generality of the foregoing all warranties implied by the Sale of Goods Act 1893 or the Sale of Goods and Supply of Services Act 1980 are hereby excluded.
ITALY:
Limitation of Liability (Section V): The clause is replaced by the following: Unless otherwise provided by mandatory law, IBM is not liable for any damages which might arise.
UNITED KINGDOM:
Limitation of Liability (Section V): Add the following paragraph at the end of the first paragraph: The limitation of liability will not apply 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.
B. IBM LICENSE AGREEMENT FOR THE OS/2 CODE UPDATE.
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. REGARDLESS OF HOW YOU ACQUIRE THE PROGRAM (ELECTRONICALLY, PRELOADED, ON MEDIA OR OTHERWISE), BY USING IT YOU AGREE TO THESE TERMS.
(1) YOU AGREE THAT YOU ARE A CURRENT LICENSEE OF OS/2 WARP 4, OS/2 WARP SERVER VERSION 4, OS/2 WARP SERVER ADVANCED VERSION 4, OS/2 WARP SERVER ADVANCED SMP FEATURE, OR WORKSPACE ON-DEMAND;
(2) YOU MAY ONLY USE THE PROGRAM FOR MAINTENANCE PURPOSES;
(3) YOU AGREE THAT FOR EACH VALID OS/2 WARP 4, OS/2 WARP SERVER VERSION 4, OS/2 WARP SERVER ADVANCED VERSION 4, OS/2 WARP SERVER ADVANCED SMP FEATURE, OR WORKSPACE ON-DEMAND LICENSE YOU POSSESS, YOU MAY MAKE A CORRESPONDING COPY OF THE PROGRAM FOR USE WITH THAT LICENSED COPY OF OS/2;
(4) YOU AGREE THAT THE TERMS AND CONDITIONS OF THE APPLICABLE ORIGINAL PROGRAM LICENSE AGREEMENTS YOU RECEIVED WITH OS/2 WARP 4, OS/2 WARP SERVER VERSION 4, OS/2 WARP SERVER ADVANCED VERSION 4, OS/2 WARP SERVER ADVANCED SMP FEATURE, OR WORKSPACE ON-DEMAND SHALL APPLY TO, AND GOVERN YOUR USE OF EACH COPY OF THE PROGRAM (I.E. IF YOU USE THE PROGRAM WITH OS/2 WARP 4, THE ORIGINAL OS/2 WARP 4 PROGRAM LICENSE AGREEMENTS GOVERN), HOWEVER RECEIPT OF THIS PROGRAM DOES NOT EXTEND ANY WARRANTIES OR SERVICES OUTLINED IN SUCH ORIGINAL PROGRAM LICENSE AGREEMENTS;
(5) YOU AGREE THAT YOUR USE OF EACH COPY OF THE PROGRAM IS CONDITIONED UPON YOU DESTROYING THOSE PORTIONS OF YOUR ORIGINAL COPIES OF OS/2 WARP 4, OS/2 WARP SERVER VERSION 4, OS/2 WARP SERVER ADVANCED VERSION 4, OS/2 WARP SERVER ADVANCED SMP FEATURE, OR WORKSPACE ON-DEMAND THAT THE PROGRAM IS INTENDED TO REPLACE, IF ANY.
(6) YOU AGREE TO COMPLY WITH ALL APPLICABLE GOVERNMENTAL LAWS, REGULATIONS, ORDERS AND RULES INCLUDING, WITHOUT LIMITATION, THOSE THAT RELATE TO THE EXPORT OF THE PROGRAM.
