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.
International Program License Agreement
Part 2 - Country-unique Terms
AUSTRALIA:
Limited Warranty (Section 4):
The following paragraph is added to this Section:
The warranties specified in this Section are in addition to any rights you may
have 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 5):
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.
EGYPT:
Limitation of Liability (Section 5):
The following replaces item 2 in the first paragraph of this Section:
2) as to any other actual direct damages, IBM's liability will be limited to
the total amount you paid for the Program that is the subject of the claim.
FRANCE:
Limitation of Liability (Section 5):
The following replaces the second sentence in the first paragraph of this
Section:
In such instances, regardless of the basis on which you are entitled to claim
damages from IBM, IBM is liable for no more than 1) damages for bodily injury
(including death) and damage to real property and tangible personal property; and
2) the amount of any other actual direct damages up to the greater of a) U.S.
$100,000 (or equivalent in local currency) or b) the charges for the
Program which is the subject of the claim.
GERMANY:
Limited 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.
The following replaces the first sentence of the first paragraph of this
Section:
The warranty for an IBM Program covers the functionality of the Program for its
normal use and the Program's conformity to its Specifications.
Limitation of Liability (Section 5):
The following paragraph is added to the 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.
In item 2, replace "U.S. $100,000" with "DEM 1.000.000".
The following sentence is added to the end of item 2 of the first paragraph:
IBM's liability under this item is limited to the violation of essential
contractual terms in cases of ordinary negligence.
INDIA:
Limitation of Liability (Section 5):
The following replaces items 1 and 2 in the first paragraph:
1) liability for bodily injury (including death) or damage to real property and
tangible personal property will be limited to that caused by IBM's negligence;
and 2) as to any other actual damage arising in any situation involving
nonperformance by IBM pursuant to, or in any way related to the subject of this
Agreement, IBM's liability will be limited to the charge paid by you for the
individual Program that is the subject of the claim.
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:
Limited 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.
Limitation of Liability (Section 5):
The following replaces items 1 and 2 in the first paragraph of this Section:
1) death or personal injury or physical damage to your real property solely
caused by IBM's negligence; and 2) the amount of any other actual direct
damages, up to the greater of Irish Pounds 75,000 in respect of Programs or 125
percent of the charges for the Program that is the subject of the claim or
which otherwise gives rise to the claim.
The following paragraph is added at the end of this Section:
IBM's entire liability and your sole remedy, whether in contract or in tort, in
respect of any default will be limited to damages.
ITALY:
Limitation of Liability (Section 5):
The following replaces the second sentence in the first paragraph:
In each such instance unless otherwise provided by mandatory law, IBM is liable
for no more than damages for bodily injury (including death) and damage to real
property and tangible personal property and 2) as to any other actual damage
arising in all situations involving non-performance by IBM pursuant to, or in
any way related to the subject matter of this Agreement, IBM's liability, will
be limited to the total amount you paid for the Program that is the subject of
the claim.
NEW ZEALAND:
Limited Warranty (Section 4):
The following paragraph is added to this Section:
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 IBM provides, if you require the goods
or 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 replaces items 1 and 2 in the first paragraph of this Section:
1) death or personal injury or physical damage to your real property solely
caused by IBM's negligence; 2) the amount of any other actual direct damages,
up to the greater of Pounds Sterling 75,000 in respect of Programs or 125
percent of the charges for the Program that is the subject of the claim or
which otherwise gives rise to the claim.
The following item is added:
3) breach of IBM's obligations implied by Section 12 of the Sale of Goods Act
1979 or Section 2 of the Supply of Goods and Services Act 1982.
The following paragraph is added at the end of this Section:
IBM's entire liability and your sole remedy, whether in contract or in tort, in
respect of any default will be limited to damages.
LICENSE INFORMATION
PROGRAM NAME AND NUMBER
IBM Runtime Environment for Windows(R), Java(TM)
Technology Technology Edition, Version 1.1.7
SPECIFIED OPERATING ENVIRONMENT
The Program Specifications and Specified Operating Environment
information may be found in the Installation/Users Guide provided
with this program.
ADDITIONAL TERMS AND CONDITIONS
AUTHORIZATION FOR COPY AND USE ON HOME/PORTABLE COMPUTER
Yes. The Program may be stored on the primary machine and another
machine, provided that the Program is not in active use on both
machines at the same time.
PROOF OF ENTITLEMENT
The Proof of Entitlement for this program should be retained in
order to support eligibility provided by IBM or its authorized
reseller for warranty services, future upgrade program prices (if
announced), potential special or promotional opportunities (if
any), and as evidence of the end user's authorized use of this IBM
licensed program.
A printed copy of these terms and conditions constitutes "Proof of
Entitlement".
PROGRAM-UNIQUE TERMS
Program Code
Consists of the IBM Runtime Environment for Windows, Java(TM)
Technology Edition, Version 1.1.7, in Binary Code form, as modified by IBM
to run on the Microsoft NT 4.0, Windows 95 and Windows 98 operating systems,
consisting of the Java virtual machine, the Java platform core
classes and supporting files (also known as the Java Runtime
Environment or JRE).
Program Code may include soft copy documentation, readme files,
program data and such like.
o Offering shall mean any product created which includes the IBM
Runtime Environment for Windows, Java(TM) Technology
Edition as part of the deliverable to your customer.
o Program Title shall mean, IBM Runtime Environment for Windows, Java(TM)
Technology Edition, Version 1.1.7 Program Code, including version, release,
and modification numbers.
o Publications shall mean press releases, advertising or marketing
materials,product documentation, and such like relating to an
Offering.
THIS PROGRAM HAS BEEN PROVIDED TO YOU AT NO CHARGE.
You agree:
A. to incorporate all Maintenance Modifications made available to
you as quickly as reasonably possible.
B. if the Program Code supplied to you passes a Java compatibility
test suite, it is your responsibility to ensure that:
o NONE of the Java Runtime Environment binaries (e.g.,
"\bin\*.exe*" or "\bin\*.dll*" or "\dll\*.dll*") are deleted;
o NONE of the contents of "\lib\rt.jar" or "\lib\i18n.jar" are
modified;
o you have not deleted or modified any of the "\lib\*.prp"
files or the "lib\security\java.sec" file or
o you do not ship or use classes in your Offering, except as
contained in the Program Code, with the same name as any of
the classes in the "rt.jar" (i.e. "sun.","java.").
The terms and conditions of this Agreement apply to all such
additional copies of the Program Code.
SPECIFIC TERMS REQUIRED BY SUN
Notwithstanding anything to the contrary in the International Program License Agreement you are granted a royalty-free right to reproduce and distribute the Program Code provided that you: (i) distribute the Program Code complete and unmodified, only as part of, and for the sole purpose of running, your Java applet or application into which the Program code is incorporated; (ii) do not distribute additional software intended to replace any component(s) of the Program Code (iii) only distribute your Java applet or application subject to a license agreement that protects IBM and its subsidiaries and suppliers interests consistent with the terms contained herein; (iv) may not create, or authorize your licensees to create additional classes, interfaces, or subpackages that are contained in the "java", "javax" or "sun" packages or similar as specified by Sun in any class file naming convention; and (v) agree to indemnify, hold harmless, and defend IBM and its subsidiaries and suppliers from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of your applet or application.
The Program Code is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design , construction, operation or maintenance of any nuclear facility. IBM AND ITS SUBSIDIARIES AND SUPPLIERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USE.
YOUR RESPONSIBILITIES
Trademarks and Copyright
o You shall not modify, delete, suppress, or obscure any
copyright, trademark or other legal notice (whether from IBM or
any third party) which may be displayed by or included within
the Program Code.
o You will include written copyright and other legal notices
(including notice to US Government users) in the Offering and on
its packaging sufficient to protect the intellectual property
rights of IBM and its suppliers.
o You recognize IBM's and Sun's ownership and title to their
respective trademarks and of any goodwill attaching thereto,
including goodwill resulting from use. You will not use or
attempt to register any trademark which is confusingly similar
to such IBM or Sun trademarks.
o On all Publications and product packaging for your Offering you
will include the Program Title to indicate that the Program
Code is included within the Offering, ensuring
that:
o the Program Title is less prominent in the Publications than
your own trade names or trademarks for the Offering, while
still being reasonably noticeable to Customers;
o any IBM trademarks forming part of the Program Title are
acknowledged as "trademarks of IBM Corporation", and any Sun
trademarks forming part of the Program Title are acknowledged
as "trademarks of Sun Microsystems Inc.". Such
acknowledgments shall be no less prominent than any similar
acknowledgment of your own trademarks; and
Service and Support
If you are entitled to defect support for the Program code pursuant
to the IBM Solutions Developer Program you should contact their
service through your normal method of access or they can be
contacted on the web at http://www.developer.ibm.com.
If you have purchased a service contract (i.e., IBM's Personal
Systems Support Line or equivalent service by country), the terms
and conditions of that service contract will determine what
services, if any, you are entitled to receive with respect to the
Program Code.
In addition, you can report suspected Program defects via fax, mail
or electronically (where available). A defect is defined as a code
error that causes one of the following:
1. data corruption;
2. regression of supported function;
3. major application or device driver compatibility error;
4. frequent trap or system hang;
5. serious visual problem; or
6. a significant portion of hardware or software environment is
nonfunctional.
Defect support is planned to be available for one year after a
follow-on release of this Program is made generally available or
for a period of twenty two months following the Program's general
availability, whichever comes sooner.
For more information on how to report suspected defects you can
look at http://ps.software.ibm.com on the web.
Dates referenced in the "Warranty Through Program Service" section
of this license are correct if there is no follow on release. If a
follow on release is made available the preceding terms apply for
overlap of Program Service.
Installation and Users Guide
The installation and users guide information is located in the
product README.
WARRANTY THROUGH PROGRAM SERVICES
Yes. Warranty through Program Services will be available until:
2001/03/01 IBM Runtime Environment for Windows, Java(TM) Technology Edition,
Version 1.1.7
YEAR 2000 READINESS
This IBM Program, when used in accordance with its associated
documentation, is capable of correctly processing, providing and/or
receiving date data within and between the twentieth and
twenty-first centuries, provided that all products (for example,
hardware, software, and firmware) used with this IBM Program
properly exchange accurate date data with it.
GUARANTEE
*A IBM Runtime Environment for Windows, Java(TM) Technology
Edition, Version 1.1.7
*A - This Program has a 30 day, money-back guarantee. If for any
reason you are unsatisfied with the Program, you may return it to
the party (either IBM or its resellers) from whom you acquired it
to receive a refund of the amount you paid.
U.S. GOVERNMENT USERS RESTRICTED RIGHTS
U.S. Government Users Restricted Rights - Use, duplication, or
disclosure restricted by the GSA ADP Schedule Contract with the IBM
