International License Agreement for Non-Warranted Programs
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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. 
