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OS/2 Shareware BBS: 11 Util
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LICENSE.TXT
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1995-10-18
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IBM PROGRAM LICENSE AGREEMENT FOR "JUST ADD OS/2 WARP"
IF YOU RECEIVED THE "JUST ADD OS/2 WARP" PACKAGE ON DISKETTES, THE
FOLLOWING TERMS AND CONDITIONS APPLY TO THE DISKETTES AND ALL PROGRAMS AND
DOCUMENTATION CONTAINED ON THE DISKETTES (HEREINAFTER COLLECTIVELY REFERRED
TO AS THE "PROGRAM"). IF YOU RECEIVED THE "JUST ADD OS/2 WARP" PACKAGE
ELECTRONICALLY, THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL PROGRAMS
AND DOCUMENTATION YOU DOWNLOADED (HEREINAFTER COLLECTIVELY REFERRED TO AS
THE "PROGRAM"). BEFORE YOU CONTINUE TO USE THE PROGRAM YOU SHOULD CAREFULLY
READ THE FOLLOWING TERMS AND CONDITIONS. CONTINUING TO USE THE PROGRAM
INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT
AGREE TO THESE TERMS AND CONDITIONS YOU MUST STOP USING THE PROGRAM AND
EITHER:
1. RETURN THE PROGRAM TO IBM,
2. TRANSFER THE PROGRAM, PROVIDED THE TRANSFEREE AGREES TO BE BOUND IN
ALL RESPECTS BY THIS LICENSE AGREEMENT, OR
3. DESTROY THE PROGRAM.
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.
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.
1. License
Under this license, you may:
1) use the PROGRAM on only one machine at any one time and
2) transfer the possession of the PROGRAM to another party.
If you transfer the PROGRAM, you must transfer your copy of the PROGRAM and
a copy of this license to the other party. Your license is then terminated.
The other party agrees to these terms and conditions by its first use of
the PROGRAM.
Under this license, you may not:
1) use or transfer the PROGRAM except as provided in this license;
2) post the PROGRAM electronically;
2) copy, modify, merge, or distribute the PROGRAM;
3) reverse assemble or reverse compile the PROGRAM; or
4) sublicense, rent, lease, or assign the PROGRAM.
2. Warranty
THE PROGRAM IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES (CONDITIONS) OF ANY
KIND. IBM DISCLAIMS ALL WARRANTIES (CONDITIONS) FOR THE PROGRAM, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow exclusion of implied warranties, so the
above exclusions may not apply to you.
3. Limitation of Remedies
IN NO EVENT WILL IBM BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS,
INCIDENTAL OR INDIRECT DAMAGES OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES,
EVEN IF IBM OR ITS AUTHORIZED SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN ADDITION, IBM WILL NOT BE LIABLE FOR ANY DAMAGES
CLAIMED BY YOU BASED ON ANY THIRD-PARTY CLAIM.
The above limitations of remedies also applies to any developer and/or
supplier of the PROGRAM. Such developer and/or supplier 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 your copy of the PROGRAM.
You agree that you have no agreement that prohibits your use of this
PROGRAM. You agree to abide by the terms and conditions of all applicable
program license agreements including those related to Microsoft products.
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 acquire 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.