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LICENSE.TXT
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1999-02-15
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International License Agreement for Non-Warranted Programs
Part 1 - General Terms
------------------------------------------------------------------------
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. IBM WILL
LICENSE THE PROGRAM TO YOU ONLY IF YOU FIRST ACCEPT THE TERMS OF THIS
AGREEMENT. BY USING THE PROGRAM YOU AGREE TO THESE TERMS. IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED PROGRAM
TO THE PARTY (EITHER IBM OR ITS RESELLER) FROM WHOM YOU ACQUIRED IT TO
RECEIVE A REFUND OF THE AMOUNT YOU PAID.
The Program is owned by International Business Machines Corporation or one
of its subsidiaries (IBM) or an IBM supplier, and is copyrighted and
licensed, not sold.
The term "Program" means the original program and all whole or partial
copies of it. A Program consists of machine-readable instructions, its
components, data, audio-visual content (such as images, text, recordings,
or pictures), and related licensed materials.
This Agreement includes Part 1 - General Terms and Part 2 - Country-unique
Terms and is the complete agreement regarding the use of this Program, and
replaces any prior oral or written communications between you and IBM. The
terms of Part 2 may replace or modify those of Part 1.
1. License
Use of the Program
IBM grants you a nonexclusive license to use the Program.
You may 1) use the Program to the extent of authorizations you have
acquired and 2) make and install copies to support the level of use
authorized, providing you reproduce the copyright notice and any other
legends of ownership on each copy, or partial copy, of the Program.
If you acquire this Program as a program upgrade, your authorization to
use the Program from which you upgraded is terminated.
You will ensure that anyone who uses the Program does so only in
compliance with the terms of this Agreement.
You may not 1) use, copy, modify, or distribute the Program except as
provided in this Agreement; 2) reverse assemble, reverse compile, or
otherwise translate the Program except as specifically permitted by law
without the possibility of contractual waiver; or 3) sublicense, rent, or
lease the Program.
Transfer of Rights and Obligations
You may transfer all your license rights and obligations under a Proof of
Entitlement for the Program to another party by transferring the Proof of
Entitlement and a copy of this Agreement and all documentation. The
transfer of your license rights and obligations terminates your
authorization to use the Program under the Proof of Entitlement.
2. Proof of Entitlement
The Proof of Entitlement for this Program is evidence of your
authorization to use this Program and of your eligibility for future
upgrade program prices (if announced) and potential special or promotional
opportunities.
3. Charges and Taxes
IBM defines use for the Program for charging purposes and specifies it in
the Proof of Entitlement. Charges are based on extent of use authorized.
If you wish to increase the extent of use, notify IBM or its reseller and
pay any applicable charges. IBM does not give refunds or credits for
charges already due or paid.
If any authority imposes a duty, tax, levy or fee, excluding those based
on IBM's net income, upon the Program supplied by IBM under this
Agreement, then you agree to pay that amount as IBM specifies or supply
exemption documentation.
4. 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 OR TECHNICAL SUPPORT, IF ANY. IBM MAKES NO WARRANTY REGARDING THE
CAPABILITY OF THE PROGRAM TO CORRECTLY PROCESS, PROVIDE AND/OR RECEIVE
DATE DATA WITHIN AND BETWEEN THE 20TH AND 21ST CENTURIES.
The exclusion also applies to any of IBM's subcontractors, suppliers, or
program developers (collectively called "Suppliers").
Manufacturers, suppliers, or publishers of non-IBM Programs may provide
their own warranties.
5. 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.
6. General
Nothing in this Agreement affects any statutory rights of consumers that
cannot be waived or limited by contract.
IBM may terminate your license if you fail to comply with the terms of
this Agreement. If IBM does so, you must immediately destroy the Program
and all copies you made of it.
You agree to comply with applicable export laws and regulations.
Neither you nor IBM will bring a legal action under this Agreement more
than two years after the cause of action arose unless otherwise provided
by local law without the possibility of contractual waiver or limitation.
Neither you nor IBM is responsible for failure to fulfill any obligations
due to causes beyond its control.
IBM does not provide program services or technical support, unless IBM
specifies otherwise.
The laws of the country in which you acquire 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 Albania,
Armenia, Belarus, Bosnia/Herzegovina, Bulgaria, Croatia, Czech Republic,
Georgia, Hungary, Kazakhstan, Kirghizia, Former Yugoslav Republic of
Macedonia (FYROM), Moldova, Poland, Romania, Russia, Slovak Republic,
Slovenia, Ukraine, and Federal Republic of Yugoslavia, the laws of Austria
govern this Agreement; 3) in the United Kingdom, all disputes relating to
this Agreement will be governed by English Law and will be submitted to
the exclusive jurisdiction of the English courts; 4) in Canada, the laws
in the Province of Ontario govern this Agreement; and 5) in the United
States and Puerto Rico, and People's Republic of China, the laws of the
State of New York govern this Agreement.
Part 2 - Country-unique Terms
------------------------------------------------------------------------
AUSTRALIA:
No Warranty (Section 4):
The following paragraph is added to this Section:
Although IBM specifies that there are no warranties, you may have certain
rights under the Trade Practices Act 1974 or other legislation and are
only limited to the extent permitted by the applicable legislation.
Limitation of Liability (Section 3):
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 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.
------------------------------------------------------------------------
GERMANY:
No Warranty (Section 4):
The following paragraphs are added to this Section:
The minimum warranty period for Programs is six months.
In case a Program is delivered without Specifications, we will only
warrant that the Program information correctly describes the Program and
that the Program can be used according to the Program information. You
have to check the usability according to the Program information within
the "money-back guaranty" period.
Limitation of Liability (Section 5):
The following paragraph is added to this Section:
The limitations and exclusions specified in the Agreement will not apply
to damages caused by IBM with fraud or gross negligence, and for express
warranty.
------------------------------------------------------------------------
INDIA:
General (Section 6):
The following replaces the fourth paragraph of this Section:
If no suit or other legal action is brought, within two years after the
cause of action arose, in respect of any claim that either party may have
against the other, the rights of the concerned party in respect of such
claim will be forfeited and the other party will stand released from its
obligations in respect of such claim.
------------------------------------------------------------------------
IRELAND:
No Warranty (Section 4):
The following paragraph is added to this Section:
Except as expressly provided in these terms and conditions, all statutory
conditions, including all 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 5):
This Section is replaced by the following:
Unless otherwise provided by mandatory law, IBM is not liable for any
damages which might arise.
------------------------------------------------------------------------
NEW ZEALAND:
No Warranty (Section 4):
The following paragraph is added to this Section:
Although IBM specifies that there are no warranties, you may have certain
rights 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 IBM provides, if you
require the goods and services for the purposes of a business as defined
in that Act.
Limitation of Liability (Section 5):
The following paragraph is added to this Section:
Where Programs are not acquired for the purposes of a business as defined
in the Consumer Guarantees Act 1993, the limitations in this Section are
subject to the limitations in that Act.
------------------------------------------------------------------------
PEOPLE'S REPUBLIC OF CHINA:
Charges (Section 3):
The following paragraph is added to the Section:
All banking charges incurred in the People's Republic of China will be
borne by you and those incurred outside the People's Republic of China
will be borne by IBM.
------------------------------------------------------------------------
UNITED KINGDOM:
Limitation of Liability (Section 5):
The following paragraph is added to this Section 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.
------------------------------------------------------------------------
UNITED STATES AND CANADA:
No Country-unique Terms apply.