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caster 07/12/16 11:43:35 |
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Added: IBM-J1.6 |
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Log: |
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Add licence for ibm-jdk-bin-1.6 |
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Revision Changes Path |
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1.1 licenses/IBM-J1.6 |
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file : http://sources.gentoo.org/viewcvs.py/gentoo-x86/licenses/IBM-J1.6?rev=1.1&view=markup |
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plain: http://sources.gentoo.org/viewcvs.py/gentoo-x86/licenses/IBM-J1.6?rev=1.1&content-type=text/plain |
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Index: IBM-J1.6 |
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=================================================================== |
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International License Agreement for Non-Warranted Programs |
16 |
|
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Part 1 - General Terms |
18 |
|
19 |
BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE PROGRAM YOU AGREE |
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TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF |
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ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT |
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THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO |
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THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, |
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|
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- DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE PROGRAM; AND |
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|
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- PROMPTLY RETURN THE PROGRAM AND PROOF OF ENTITLEMENT TO THE PARTY FROM WHOM |
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YOU ACQUIRED IT TO OBTAIN A REFUND OF THE AMOUNT YOU PAID. IF YOU DOWNLOADED THE |
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PROGRAM, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT. |
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|
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"IBM" is International Business Machines Corporation or one of its subsidiaries. |
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|
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"License Information" ("LI") is a document that provides information specific to |
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a Program. The Program's LI is available at http://www.ibm.com/software/sla/ . |
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The LI may also be found in a file in the Program's directory, by the use of a |
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system command, or as a booklet which accompanies the Program. |
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|
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"Program" is the following, including the original and all whole or partial |
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copies: 1) machine-readable instructions and data, 2) components, 3) |
40 |
audio-visual content (such as images, text, recordings, or pictures), 4) related |
41 |
licensed materials, and 5) license use documents or keys, and documentation. |
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|
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A "Proof of Entitlement" ("PoE") is evidence of Your authorization to use a |
44 |
Program at a specified level. That level may be measured, for example, by the |
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number of processors or users. The PoE is also evidence of Your eligibility for |
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future upgrade prices, if any, and potential special or promotional |
47 |
opportunities. If IBM does not provide You with a PoE, then IBM may accept the |
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original paid sales receipt or other sales record from the party (either IBM or |
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its reseller) from whom You acquired the Program, provided that it specifies the |
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name of the Program and the usage level acquired. |
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|
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"You" and "Your" refer either to an individual person or to a single legal |
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entity. |
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|
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This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms |
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(if any), License Information, and Proof of Entitlement and is the complete |
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agreement between You and IBM regarding the use of the Program. It replaces any |
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prior oral or written communications between You and IBM concerning Your use of |
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the Program. The terms of Part 2 and License Information may replace or modify |
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those of Part 1. To the extent there is a conflict between the terms of this |
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Agreement and those of the IBM International Passport Advantage Agreement, the |
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terms of the latter agreement prevail. |
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|
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1. Entitlement |
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|
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License |
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|
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The Program is owned by IBM or an IBM supplier, and is copyrighted and licensed, |
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not sold. |
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|
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IBM grants You a nonexclusive license to use the Program when You lawfully |
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acquire it. |
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|
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You may 1) use the Program up to the level of use specified in the PoE and 2) |
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make and install copies, including a backup copy, to support such use. The terms |
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of this license apply to each copy You make. You will reproduce all copyright |
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notices and all other legends of ownership on each copy, or partial copy, of the |
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Program. |
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|
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If You acquire the Program as a program upgrade, after You install the upgrade |
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You may not use the Program from which You upgraded or transfer it to another |
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party. |
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|
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You will ensure that anyone who uses the Program (accessed either locally or |
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remotely) does so only for Your authorized use and complies with the terms of |
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this Agreement. |
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|
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You may not 1) use, copy, modify, or distribute the Program except as provided |
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in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate |
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the Program except as specifically permitted by law without the possibility of |
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contractual waiver; or 3) sublicense, rent, or lease the Program. |
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|
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IBM may terminate Your license if You fail to comply with the terms of this |
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Agreement. If IBM does so, You must destroy all copies of the Program and its |
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PoE. |
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|
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Money-back Guarantee |
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|
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If for any reason You are dissatisfied with the Program and You are the original |
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licensee, You may obtain a refund of the amount You paid for it, if within 30 |
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days of Your invoice date You return the Program and its PoE to the party from |
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whom You obtained it. If You downloaded the Program, You may contact the party |
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from whom You acquired it for instructions on how to obtain the refund. |
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|
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Program Transfer |
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|
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You may transfer a Program and all of Your license rights and obligations to |
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another party only if that party agrees to the terms of this Agreement. When You |
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transfer the Program, You must also transfer a copy of this Agreement, including |
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the Program's PoE. After the transfer, You may not use the Program. |
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|
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2. Charges |
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|
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The amount payable for a Program license is a one-time charge. |
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|
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One-time charges are based on the level of use acquired which is specified in |
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the PoE. IBM does not give credits or refunds for charges already due or paid, |
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except as specified elsewhere in this Agreement. |
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|
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If You wish to increase the level of use, notify IBM or the party from whom You |
121 |
acquired it and pay any applicable charges. |
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|
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If any authority imposes a duty, tax, levy or fee, excluding those based on |
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IBM's net income, upon the Program, then You agree to pay the amount specified |
125 |
or supply exemption documentation. You are responsible for any personal property |
126 |
taxes for the Program from the date that You acquire it. |
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|
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3. No Warranty |
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|
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SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, IBM MAKES NO |
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WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED |
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TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A |
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PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE PROGRAM OR TECHNICAL |
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SUPPORT, IF ANY. |
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|
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The exclusion also applies to any of IBM's Program developers and suppliers. |
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|
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Manufacturers, suppliers, or publishers of non-IBM Programs may provide their |
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own warranties. |
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|
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IBM does not provide technical support, unless IBM specifies otherwise. |
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|
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4. Limitation of Liability |
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|
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Circumstances may arise where, because of a default on IBM's part or other |
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liability, You are entitled to recover damages from IBM. In each such instance, |
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regardless of the basis on which You may be entitled to claim damages from IBM, |
148 |
(including fundamental breach, negligence, misrepresentation, or other contract |
149 |
or tort claim), IBM is liable for no more than 1) damages for bodily injury |
150 |
(including death) and damage to real property and tangible personal property and |
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2) the amount of any other actual direct damages up to the charges for the |
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Program that is the subject of the claim. |
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|
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This limitation of liability also applies to IBM's Program developers and |
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suppliers. It is the maximum for which they and IBM are collectively |
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responsible. |
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|
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UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR |
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ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: |
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|
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1. LOSS OF, OR DAMAGE TO, DATA; |
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|
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2. SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL |
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DAMAGES; OR |
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|
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3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. |
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|
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR |
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CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO |
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YOU. |
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|
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5. General |
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|
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1. Nothing in this Agreement affects any statutory rights of consumers that |
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cannot be waived or limited by contract. |
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|
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2. In the event that any provision of this Agreement is held to be invalid or |
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unenforceable, the remaining provisions of this Agreement remain in full force |
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and effect. |
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|
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3. You agree to comply with all applicable export and import laws and |
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regulations. |
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|
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4. You agree to allow IBM to store and use Your contact information, including |
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names, phone numbers, and e-mail addresses, anywhere they do business. Such |
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information will be processed and used in connection with our business |
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relationship, and may be provided to contractors, Business Partners, and |
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assignees of IBM for uses consistent with their collective business activities, |
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including communicating with You (for example, for processing orders, for |
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promotions, and for market research). |
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|
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5. Neither You nor IBM will bring a legal action under this Agreement more than |
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two years after the cause of action arose unless otherwise provided by local law |
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without the possibility of contractual waiver or limitation. |
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|
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6. Neither You nor IBM is responsible for failure to fulfill any obligations due |
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to causes beyond its control. |
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|
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7. This Agreement will not create any right or cause of action for any third |
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party, nor will IBM be responsible for any third party claims against You |
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except, as permitted by the Limitation of Liability section above, for bodily |
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injury (including death) or damage to real or tangible personal property for |
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which IBM is legally liable. |
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|
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6. Governing Law, Jurisdiction, and Arbitration |
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|
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Governing Law |
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|
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Both You and IBM consent to the application of the laws of the country in which |
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You acquired the Program license to govern, interpret, and enforce all of Your |
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and IBM's rights, duties, and obligations arising from, or relating in any |
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manner to, the subject matter of this Agreement, without regard to conflict of |
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law principles. |
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|
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The United Nations Convention on Contracts for the International Sale of Goods |
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does not apply. |
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|
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Jurisdiction |
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|
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All of our rights, duties, and obligations are subject to the courts of the |
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country in which You acquired the Program license. |
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|
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Part 2 - Country-unique Terms |
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|
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AMERICAS |
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|
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ARGENTINA: Governing Law, Jurisdiction, and Arbitration (Section 6): The |
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following exception is added to this section: |
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|
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Any litigation arising from this Agreement will be settled exclusively by the |
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Ordinary Commercial Court of the city of Buenos Aires. |
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|
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BRAZIL: Governing Law, Jurisdiction, and Arbitration (Section 6): The following |
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exception is added to this section: |
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|
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Any litigation arising from this Agreement will be settled exclusively by the |
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court of Rio de Janeiro, RJ. |
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|
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CANADA: General (Section 5): The following replaces item 7: |
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|
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7. This Agreement will not create any right or cause of action for any third |
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party, nor will IBM be responsible for any third party claims against You except |
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as permitted by the Limitation of Liability section above for bodily injury |
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(including death) or physical harm to real or tangible personal property caused |
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by IBM's negligence for which IBM is legally liable." |
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|
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Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws |
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of the country in which You acquired the Program license" in the Governing Law |
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subsection is replaced by the following: |
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|
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the laws in the Province of Ontario" |
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|
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PERU: Limitation of Liability (Section 4): The following is added at the end of |
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this section: |
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|
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In accordance with Article 1328 of the Peruvian Civil Code, the limitations and |
257 |
exclusions specified in this section will not apply to damages caused by IBM's |
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willful misconduct ("dolo") or gross negligence ("culpa inexcusable"). |
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|
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UNITED STATES OF AMERICA: General (Section 5): The following is added to this |
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section: |
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|
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U.S. Government Users Restricted Rights - Use, duplication or disclosure |
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restricted by the GSA ADP Schedule Contract with the IBM Corporation. |
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|
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Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws |
267 |
of the country in which You acquired the Program license" in the Governing Law |
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subsection is replaced by the following: |
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|
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the laws of the State of New York, United States of America |
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|
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ASIA PACIFIC |
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|
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AUSTRALIA: No Warranty (Section 3): The following is added: |
275 |
|
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Although IBM specifies that there are no warranties, You may have certain |
277 |
rights under the Trade Practices Act 1974 or other legislation and are only |
278 |
limited to the extent permitted by the applicable legislation. |
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|
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Limitation of Liability (Section 4): The following is added: |
281 |
|
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Where IBM is in breach of a condition or warranty implied by the Trade Practices |
283 |
Act 1974, IBM's liability is limited to the repair or replacement of the goods, |
284 |
or the supply of equivalent goods. Where that condition or warranty relates to |
285 |
right to sell, quiet possession or clear title, or the goods are of a kind |
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ordinarily acquired for personal, domestic or household use or consumption, then |
287 |
none of the limitations in this paragraph apply. |
288 |
|
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Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws |
290 |
of the country in which You acquired the Program license" in the Governing Law |
291 |
subsection is replaced by the following: |
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|
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the laws of the State or Territory in which You acquired the Program license |
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|
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CAMBODIA, LAOS, and VIETNAM: Governing Law, Jurisdiction, and Arbitration |
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(Section 6): The phrase "the laws of the country in which You acquired the |
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Program license" in the Governing Law subsection is replaced by the following: |
298 |
|
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the laws of the State of New York, United States of America |
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|
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The following is added to this section: |
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|
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Arbitration |
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|
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Disputes arising out of or in connection with this Agreement shall be finally |
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settled by arbitration which shall be held in Singapore in accordance with the |
307 |
Arbitration Rules of Singapore International Arbitration Center ("SIAC Rules") |
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then in effect. The arbitration award shall be final and binding for the parties |
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without appeal and shall be in writing and set forth the findings of fact and |
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the conclusions of law. |
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|
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The number of arbitrators shall be three, with each side to the dispute being |
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entitled to appoint one arbitrator. The two arbitrators appointed by the parties |
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shall appoint a third arbitrator who shall act as chairman of the proceedings. |
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Vacancies in the post of chairman shall be filled by the president of the SIAC. |
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Other vacancies shall be filled by the respective nominating party. Proceedings |
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shall continue from the stage they were at when the vacancy occurred. |
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|
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If one of the parties refuses or otherwise fails to appoint an arbitrator within |
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30 days of the date the other party appoints its, the first appointed arbitrator |
321 |
shall be the sole arbitrator, provided that the arbitrator was validly and |
322 |
properly appointed. |
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|
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All proceedings shall be conducted, including all documents presented in such |
325 |
proceedings, in the English language. The English language version of this |
326 |
Agreement prevails over any other language version. |
327 |
|
328 |
HONG KONG S.A.R. and MACAU S.A.R. of China: Governing Law, Jurisdiction, and |
329 |
Arbitration (Section 6): The phrase "the laws of the country in which You |
330 |
acquired the Program license" in the Governing Law subsection is replaced by the |
331 |
following: |
332 |
|
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the laws of Hong Kong Special Administrative Region of China |
334 |
|
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INDIA: Limitation of Liability (Section 4): The following replaces the terms of |
336 |
items 1 and 2 of the first paragraph: |
337 |
|
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1) liability for bodily injury (including death) or damage to real property and |
339 |
tangible personal property will be limited to that caused by IBM's negligence; |
340 |
and 2) as to any other actual damage arising in any situation involving |
341 |
nonperformance by IBM pursuant to, or in any way related to the subject of this |
342 |
Agreement, IBM's liability will be limited to the charge paid by You for the |
343 |
individual Program that is the subject of the claim. |
344 |
|
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General (Section 5): The following replaces the terms of item 5: |
346 |
|
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If no suit or other legal action is brought, within three years after the cause |
348 |
of action arose, in respect of any claim that either party may have against the |
349 |
other, the rights of the concerned party in respect of such claim will be |
350 |
forfeited and the other party will stand released from its obligations in |
351 |
respect of such claim. |
352 |
|
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Governing Law, Jurisdiction, and Arbitration (Section 6): The following is added |
354 |
to this section: |
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|
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Arbitration |
357 |
|
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Disputes arising out of or in connection with this Agreement shall be finally |
359 |
settled by arbitration which shall be held in Bangalore, India in accordance |
360 |
with the laws of India then in effect. The arbitration award shall be final and |
361 |
binding for the parties without appeal and shall be in writing and set forth the |
362 |
findings of fact and the conclusions of law. |
363 |
|
364 |
The number of arbitrators shall be three, with each side to the dispute being |
365 |
entitled to appoint one arbitrator. The two arbitrators appointed by the parties |
366 |
shall appoint a third arbitrator who shall act as chairman of the proceedings. |
367 |
Vacancies in the post of chairman shall be filled by the president of the Bar |
368 |
Council of India. Other vacancies shall be filled by the respective nominating |
369 |
party. Proceedings shall continue from the stage they were at when the vacancy |
370 |
occurred. |
371 |
|
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If one of the parties refuses or otherwise fails to appoint an arbitrator within |
373 |
30 days of the date the other party appoints its, the first appointed arbitrator |
374 |
shall be the sole arbitrator, provided that the arbitrator was validly and |
375 |
properly appointed. |
376 |
|
377 |
All proceedings shall be conducted, including all documents presented in such |
378 |
proceedings, in the English language. The English language version of this |
379 |
Agreement prevails over any other language version. |
380 |
|
381 |
JAPAN: General (Section 5): The following is inserted after item 5: |
382 |
|
383 |
Any doubts concerning this Agreement will be initially resolved between us in |
384 |
good faith and in accordance with the principle of mutual trust. |
385 |
|
386 |
MALAYSIA: Limitation of Liability (Section 4): The word "SPECIAL" in item 2 of |
387 |
the third paragraph is deleted: |
388 |
|
389 |
NEW ZEALAND: No Warranty (Section 3): The following is added: |
390 |
|
391 |
Although IBM specifies that there are no warranties, You may have certain |
392 |
rights under the Consumer Guarantees Act 1993 or other legislation which cannot |
393 |
be excluded or limited. The Consumer Guarantees Act 1993 will not apply in |
394 |
respect of any goods which IBM provides, if You require the goods for the |
395 |
purposes of a business as defined in that Act. |
396 |
|
397 |
Limitation of Liability (Section 4): The following is added: |
398 |
|
399 |
Where Programs are not acquired for the purposes of a business as defined in the |
400 |
Consumer Guarantees Act 1993, the limitations in this Section are subject to the |
401 |
limitations in that Act. |
402 |
|
403 |
PEOPLE'S REPUBLIC OF CHINA: Charges (Section 2): The following is added: |
404 |
|
405 |
All banking charges incurred in the People's Republic of China will be borne by |
406 |
You and those incurred outside the People's Republic of China will be borne by |
407 |
IBM. |
408 |
|
409 |
Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws |
410 |
of the country in which You acquired the Program license" in the Governing Law |
411 |
subsection is replaced by the following: |
412 |
|
413 |
the laws of the State of New York, United States of America (except when local |
414 |
law requires otherwise) |
415 |
|
416 |
PHILIPPINES: Limitation of Liability (Section 4): The following replaces the |
417 |
terms of item 2 of the third paragraph: |
418 |
|
419 |
2. special (including nominal and exemplary damages), moral, incidental, or |
420 |
indirect damages or for any economic consequential damages; or |
421 |
|
422 |
Governing Law, Jurisdiction, and Arbitration (Section 6): The following is added |
423 |
to this section: |
424 |
|
425 |
Arbitration |
426 |
|
427 |
Disputes arising out of or in connection with this Agreement shall be finally |
428 |
settled by arbitration which shall be held in Metro Manila, Philippines in |
429 |
accordance with the laws of the Philippines then in effect. The arbitration |
430 |
award shall be final and binding for the parties without appeal and shall be in |
431 |
writing and set forth the findings of fact and the conclusions of law. |
432 |
|
433 |
The number of arbitrators shall be three, with each side to the dispute being |
434 |
entitled to appoint one arbitrator. The two arbitrators appointed by the parties |
435 |
shall appoint a third arbitrator who shall act as chairman of the proceedings. |
436 |
Vacancies in the post of chairman shall be filled by the president of the |
437 |
Philippine Dispute Resolution Center, Inc. Other vacancies shall be filled by |
438 |
the respective nominating party. Proceedings shall continue from the stage they |
439 |
were at when the vacancy occurred. |
440 |
|
441 |
If one of the parties refuses or otherwise fails to appoint an arbitrator within |
442 |
30 days of the date the other party appoints its, the first appointed arbitrator |
443 |
shall be the sole arbitrator, provided that the arbitrator was validly and |
444 |
properly appointed. |
445 |
|
446 |
All proceedings shall be conducted, including all documents presented in such |
447 |
proceedings, in the English language. The English language version of this |
448 |
Agreement prevails over any other language version. |
449 |
|
450 |
SINGAPORE: Limitation of Liability (Section 4): The words "SPECIAL" and |
451 |
"ECONOMIC" are deleted from item 2 of the third paragraph. |
452 |
|
453 |
General (Section 5): The following replaces the terms of item 7: |
454 |
|
455 |
Subject to the rights provided to IBM's suppliers and Program developers as |
456 |
provided in Section 4 above (Limitation of Liability), a person who is not a |
457 |
party to this Agreement shall have no right under the Contracts (Right of Third |
458 |
Parties) Act to enforce any of its terms. |
459 |
|
460 |
EUROPE, MIDDLE EAST, AFRICA (EMEA) |
461 |
|
462 |
No Warranty (Section 3): In the European Union, the following is added at the |
463 |
beginning of this section: |
464 |
|
465 |
In the European Union, consumers have legal rights under applicable national |
466 |
legislation governing the sale of consumer goods. Such rights are not affected |
467 |
by the provisions of this Section 3. |
468 |
|
469 |
Limitation of Liability (Section 4): In Austria, Denmark, Finland, Greece, |
470 |
Italy, Netherlands, Norway, Portugal, Spain, Sweden and Switzerland, the |
471 |
following replaces the terms of this section in its entirety: |
472 |
|
473 |
Except as otherwise provided by mandatory law: |
474 |
|
475 |
1. IBM's liability for any damages and losses that may arise as a consequence of |
476 |
the fulfillment of its obligations under or in connection with this agreement or |
477 |
due to any other cause related to this agreement is limited to the compensation |
478 |
of only those damages and losses proved and actually arising as an immediate and |
479 |
direct consequence of the non-fulfillment of such obligations (if IBM is at |
480 |
fault) or of such cause, for a maximum amount equal to the charges You paid for |
481 |
the Program. |
482 |
|
483 |
The above limitation shall not apply to damages for bodily injuries (including |
484 |
death) and damages to real property and tangible personal property for which IBM |
485 |
is legally liable. |
486 |
|
487 |
2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM DEVELOPERS, LIABLE FOR |
488 |
ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR |
489 |
DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC |
490 |
CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE |
491 |
CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, |
492 |
REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. |
493 |
|
494 |
3. The limitation and exclusion of liability herein agreed applies not only to |
495 |
the activities performed by IBM but also to the activities performed by its |
496 |
suppliers and Program developers, and represents the maximum amount for which |
497 |
IBM as well as its suppliers and Program developers, are collectively |
498 |
responsible. |
499 |
|
500 |
Limitation of Liability (Section 4): In France and Belgium, the following |
501 |
replaces the terms of this section in its entirety: |
502 |
|
503 |
Except as otherwise provided by mandatory law: |
504 |
|
505 |
1. IBM's liability for any damages and losses that may arise as a consequence of |
506 |
the fulfillment of its obligations under or in connection with this agreement is |
507 |
limited to the compensation of only those damages and losses proved and actually |
508 |
arising as an immediate and direct consequence of the non-fulfillment of such |
509 |
obligations (if IBM is at fault), for a maximum amount equal to the charges You |
510 |
paid for the Program that has caused the damages. |
511 |
|
512 |
The above limitation shall not apply to damages for bodily injuries (including |
513 |
death) and damages to real property and tangible personal property for which IBM |
514 |
is legally liable. |
515 |
|
516 |
2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM DEVELOPERS, LIABLE FOR |
517 |
ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR |
518 |
DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC |
519 |
CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE |
520 |
CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, |
521 |
REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. |
522 |
|
523 |
3. The limitation and exclusion of liability herein agreed applies not only to |
524 |
the activities performed by IBM but also to the activities performed by its |
525 |
suppliers and Program developers, and represents the maximum amount for which |
526 |
IBM as well as its suppliers and Program developers, are collectively |
527 |
responsible. |
528 |
|
529 |
Governing Law, Jurisdiction, and Arbitration (Section 6) |
530 |
|
531 |
Governing Law |
532 |
|
533 |
The phrase "the laws of the country in which You acquired the Program license" |
534 |
is replaced by: |
535 |
1) "the laws of Austria" in Albania, Armenia, Azerbaijan, Belarus, |
536 |
Bosnia-Herzegovina, Bulgaria, Croatia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, |
537 |
FYR Macedonia, Moldavia, Poland, Romania, Russia, Slovakia, Slovenia, |
538 |
Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and FR Yugoslavia; |
539 |
2) "the laws of France" in Algeria, Benin, Burkina Faso, Cameroon, Cape Verde, |
540 |
Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic |
541 |
Republic of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, |
542 |
Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, |
543 |
Mauritania, Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, |
544 |
Seychelles, Togo, Tunisia, Vanuatu, and Wallis & Futuna; |
545 |
3) "the laws of Finland" in Estonia, Latvia, and Lithuania; |
546 |
4) "the laws of England" in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, |
547 |
Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, |
548 |
Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, |
549 |
Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West |
550 |
Bank/Gaza, Yemen, Zambia, and Zimbabwe; and |
551 |
5) "the laws of South Africa" in South Africa, Namibia, Lesotho and Swaziland. |
552 |
|
553 |
Jurisdiction |
554 |
|
555 |
The following exceptions are added to this section: |
556 |
|
557 |
1) In Austria the choice of jurisdiction for all disputes arising out of this |
558 |
Agreement and relating thereto, including its existence, will be the competent |
559 |
court of law in Vienna, Austria (Inner-City); |
560 |
2) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, |
561 |
Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, |
562 |
Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia, |
563 |
Tanzania, Uganda, United Arab Emirates, West Bank/Gaza, Yemen, Zambia, and |
564 |
Zimbabwe all disputes arising out of this Agreement or related to its execution, |
565 |
including summary proceedings, will be submitted to the exclusive jurisdiction |
566 |
of the English courts; |
567 |
3) in Belgium and Luxembourg, for all disputes arising out of this Agreement or |
568 |
related to its interpretation or its execution, only the law and the courts of |
569 |
the capital of the country in which Your registered office and/or commercial |
570 |
office is located are competent; |
571 |
4) in France, Algeria, Benin, Burkina Faso, Cameroon, Cape Verde, Central |
572 |
African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic |
573 |
of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, Gambia, |
574 |
Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, |
575 |
Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, |
576 |
Togo, Tunisia, Vanuatu, and Wallis & Futuna all disputes arising out of this |
577 |
Agreement or related to its violation or execution, including summary |
578 |
proceedings, will be settled exclusively by the Commercial Court of Paris; |
579 |
5) in Russia, all disputes arising out of or in relation to the interpretation, |
580 |
the violation, the termination, the nullity of the execution of this Agreement |
581 |
shall be settled by Arbitration Court of Moscow; |
582 |
6) in South Africa, Namibia, Lesotho and Swaziland, both of us agree to submit |
583 |
all disputes relating to this Agreement to the jurisdiction of the High Court in |
584 |
Johannesburg; |
585 |
7) in Turkey all disputes arising out of or in connection with this Agreement |
586 |
shall be resolved by the Istanbul Central (Sultanahmet) Courts and Execution |
587 |
Directorates of Istanbul, the Republic of Turkey; |
588 |
8) in each of the following specified countries, any legal claim arising out of |
589 |
this Agreement will be brought before, and settled exclusively by, the competent |
590 |
court of a) Athens for Greece, b) Tel Aviv-Jaffa for Israel, c) Milan for Italy, |
591 |
d) Lisbon for Portugal, and e) Madrid for Spain; and |
592 |
9) in the United Kingdom, both of us agree to submit all disputes relating to |
593 |
this Agreement to the jurisdiction of the English courts. |
594 |
|
595 |
Arbitration |
596 |
|
597 |
In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, |
598 |
Georgia, Hungary, Kazakhstan, Kyrgyzstan, FYR Macedonia, Moldavia, Poland, |
599 |
Romania, Russia, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine, |
600 |
Uzbekistan, and FR Yugoslavia all disputes arising out of this Agreement or |
601 |
related to its violation, termination or nullity will be finally settled under |
602 |
the Rules of Arbitration and Conciliation of the International Arbitral Center |
603 |
of the Federal Economic Chamber in Vienna (Vienna Rules) by three arbitrators |
604 |
appointed in accordance with these rules. |
605 |
The arbitration will be held in Vienna, Austria, and the official language of |
606 |
the proceedings will be English. The decision of the arbitrators will be final |
607 |
and binding upon both parties. Therefore, pursuant to paragraph 598 (2) of the |
608 |
Austrian Code of Civil Procedure, the parties expressly waive the application of |
609 |
paragraph 595 (1) figure 7 of the Code. IBM may, however, institute proceedings |
610 |
in a competent court in the country of installation. |
611 |
|
612 |
In Estonia, Latvia and Lithuania all disputes arising in connection with this |
613 |
Agreement will be finally settled in arbitration that will be held in Helsinki, |
614 |
Finland in accordance with the arbitration laws of Finland then in effect. Each |
615 |
party will appoint one arbitrator. The arbitrators will then jointly appoint the |
616 |
chairman. If arbitrators cannot agree on the chairman, then the Central Chamber |
617 |
of Commerce in Helsinki will appoint the chairman. |
618 |
|
619 |
AUSTRIA: No Warranty (Section 3): The terms of this section are completely |
620 |
replaced by the following: |
621 |
|
622 |
The following limited warranty applies if You have paid a charge to obtain the |
623 |
Program: |
624 |
|
625 |
The warranty period is twelve months from the date of delivery. The limitation |
626 |
period for consumers in action for breach of warranty is the statutory period as |
627 |
a minimum. |
628 |
|
629 |
The warranty for an IBM Program covers the functionality of the Program for its |
630 |
normal use and the Program's conformity to its specifications. |
631 |
|
632 |
IBM warrants that when the Program is used in the specified operating |
633 |
environment it will conform to its specifications. IBM does not warrant |
634 |
uninterrupted or error-free operation of the Program or that IBM will correct |
635 |
all Program defects. You are responsible for the results obtained from the use |
636 |
of the Program. |
637 |
|
638 |
The warranty applies only to the unmodified portion of the Program. |
639 |
|
640 |
If the Program does not function as warranted during the warranty period and the |
641 |
problem cannot be resolved with information available. You may return the |
642 |
Program to the party from whom You acquired it and receive a refund in the |
643 |
amount You paid. If You downloaded the Program, You may contact the party from |
644 |
whom You acquired it to obtain the refund. |
645 |
|
646 |
This is our sole obligation to You, except as otherwise required by applicable |
647 |
statutory law. |
648 |
|
649 |
General (Section 5): The following is added to item 4: |
650 |
|
651 |
For purposes of this clause, contact information will also include information |
652 |
about You as a legal entity, for example revenue data and other transactional |
653 |
information. |
654 |
|
655 |
GERMANY: No Warranty (Section 3): The same changes apply as those in No Warranty |
656 |
(Section 3) under Austria above. |
657 |
|
658 |
Limitation of Liability (Section 4): The following paragraph is added to this |
659 |
Section: |
660 |
|
661 |
The limitations and exclusions specified in this Section will not apply to |
662 |
damages caused by IBM intentionally or by gross negligence. |
663 |
|
664 |
General (Section 5): The following replaces the terms of item 5: |
665 |
|
666 |
Any claims resulting from this Agreement are subject to a statute of limitation |
667 |
of three years, except as stated in Section 3 (No Warranty) of this Agreement. |
668 |
|
669 |
HUNGARY: Limitation of Liability (Section 4): The following is added at the end |
670 |
of this section: |
671 |
|
672 |
The limitation and exclusion specified herein shall not apply to liability for a |
673 |
breach of contract damaging life, physical well-being, or health that has been |
674 |
caused intentionally, by gross negligence, or by a criminal act. |
675 |
|
676 |
The parties accept the limitations of liability as valid provisions and state |
677 |
that the Section 314.(2) of the Hungarian Civil Code applies as the acquisition |
678 |
price as well as other advantages arising out of the present Agreement balance |
679 |
this limitation of liability. |
680 |
|
681 |
IRELAND: No Warranty (Section 3): The following is added to this section: |
682 |
|
683 |
Except as expressly provided in these terms and conditions, or section 12 of the |
684 |
Sale of Goods Act 1893 (as amended by the Sale of Goods and Supply of Services |
685 |
Act 1980 ("the 1980 Act")), all conditions and warranties (express or implied, |
686 |
statutory or otherwise) are hereby excluded including, without limitation, any |
687 |
warranties implied by the Sale of Goods Act 1893 as amended by the 1980 Act |
688 |
(including, for the avoidance of doubt, section 39 of the 1980 Act). |
689 |
|
690 |
Limitation of Liability (Section 4): The following replaces the terms of this |
691 |
section in its entirety: |
692 |
|
693 |
For the purposes of this section, a "Default" means any act, statement, |
694 |
omission, or negligence on the part of IBM in connection with, or in relation |
695 |
to, the subject matter of an Agreement in respect of which IBM is legally liable |
696 |
to You whether in contract or tort. A number of Defaults which together result |
697 |
in, or contribute to, substantially the same loss or damage will be treated as |
698 |
one Default occurring on the date of occurrence of the last such Default. |
699 |
|
700 |
Circumstances may arise where, because of a Default, You are entitled to recover |
701 |
damages from IBM. This section sets out the extent of IBM's liability and Your |
702 |
sole remedy. |
703 |
|
704 |
1. IBM will accept unlimited liability for (a) death or personal injury caused |
705 |
by the negligence of IBM, and (b) subject always to the Items for Which IBM is |
706 |
Not Liable below, for physical damage to Your tangible property resulting from |
707 |
the negligence of IBM. |
708 |
|
709 |
2. Except as provided in item 1 above, IBM's entire liability for actual damages |
710 |
for any one Default will not in any event exceed the greater of 1) EUR 125,000, |
711 |
or 2) 125% of the amount You paid for the Program directly relating to the |
712 |
Default. These limits also apply to any of IBM's suppliers and Program |
713 |
developers. They state the maximum for which IBM and such suppliers and Program |
714 |
developers are collectively responsible. |
715 |
|
716 |
Items for Which IBM is Not Liable |
717 |
|
718 |
Save with respect to any liability referred to in item 1 above, under no |
719 |
circumstances is IBM or any of its suppliers or Program developers liable for |
720 |
any of the following, even if IBM or they were informed of the possibility of |
721 |
such losses: |
722 |
|
723 |
1. loss of, or damage to, data; |
724 |
|
725 |
2. special, indirect, or consequential loss; or |
726 |
|
727 |
3. loss of profits, business, revenue, goodwill, or anticipated savings. |
728 |
|
729 |
ITALY: General (Section 5): The following is added to this section: |
730 |
|
731 |
IBM and Customer (hereinafter, individually, "Party") shall comply with all the |
732 |
obligations of the applicable provisions of law and/or regulation on personal |
733 |
data protection. Each of the Parties will indemnify and keep the other Party |
734 |
harmless from any damage, claim, cost or expense incurred by the latter, |
735 |
directly and or indirectly, as a consequence of an infringement of the other |
736 |
Party of the mentioned provisions of law and/or regulations. |
737 |
|
738 |
SLOVAKIA: Limitation of Liability (Section 4): The following is added to the end |
739 |
of the last paragraph: |
740 |
|
741 |
The limitations apply to the extent they are not prohibited under �� 373-386 of |
742 |
the Slovak Commercial Code. |
743 |
|
744 |
General (Section 5): The terms of item 5 are replaced with the following: |
745 |
|
746 |
THE PARTIES AGREE THAT, AS DEFINED BY APPLICABLE LOCAL LAW, ANY LEGAL OR OTHER |
747 |
ACTION RELATED TO A BREACH OF THIS AGREEMENT MUST BE COMMENCED NO LATER THAN |
748 |
FOUR YEARS FROM THE DATE ON WHICH THE CAUSE OF ACTION AROSE. |
749 |
|
750 |
SWITZERLAND: General (Section 5): The following is added to item 4: |
751 |
|
752 |
For purposes of this clause, contact information will also include information |
753 |
about You as a legal entity, for example revenue data and other transactional |
754 |
information. |
755 |
|
756 |
UNITED KINGDOM: No Warranty (Section 3): The following replaces the first |
757 |
sentence in the first paragraph of this section: |
758 |
|
759 |
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE EXCLUDED, IBM MAKES NO |
760 |
WARRANTY OR CONDITION EITHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) |
761 |
THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR |
762 |
PURPOSE, AND NON-INFRINGEMENT, REGARDING THE PROGRAM. |
763 |
|
764 |
Limitation of Liability (Section 4): The following replaces the terms of this |
765 |
section in its entirety: |
766 |
|
767 |
For the purposes of this section, a "Default" means any act, statement, |
768 |
omission, or negligence on the part of IBM in connection with, or in relation |
769 |
to, the subject matter of an Agreement in respect of which IBM is legally liable |
770 |
to You, whether in contract or tort. A number of Defaults which together result |
771 |
in, or contribute to, substantially the same loss or damage will be treated as |
772 |
one Default. |
773 |
|
774 |
Circumstances may arise where, because of a Default, You are entitled to recover |
775 |
damages from IBM. This section sets out the extent of IBM's liability and Your |
776 |
sole remedy. |
777 |
|
778 |
1. IBM will accept unlimited liability for: |
779 |
|
780 |
a. death or personal injury caused by the negligence of IBM; |
781 |
|
782 |
b. any breach of its obligations implied by Section 12 of the Sale of Goods Act |
783 |
1979 or Section 2 of the Supply of Goods and Services Act 1982, or any statutory |
784 |
modification or re-enactment of either such Section; and |
785 |
|
786 |
c. subject always to the Items for Which IBM is Not Liable below, for physical |
787 |
damage to Your tangible property resulting from the negligence of IBM. |
788 |
|
789 |
2. IBM's entire liability for actual damages for any one Default will not in any |
790 |
event, except as provided in item 1 above, exceed the greater of 1) �75,000, or |
791 |
2) 125% of the amount You paid for the Program directly relating to the Default. |
792 |
These limits also apply to IBM's suppliers and Program developers. They state |
793 |
the maximum for which IBM and such suppliers and Program developers are |
794 |
collectively responsible. |
795 |
|
796 |
Items for Which IBM is Not Liable |
797 |
|
798 |
Save with respect to any liability referred to in item 1 above, under no |
799 |
circumstances is IBM or any of its suppliers or Program developers liable for |
800 |
any of the following, even if IBM or they were informed of the possibility of |
801 |
such losses: |
802 |
|
803 |
1. loss of, or damage to, data; |
804 |
|
805 |
2. special, indirect, or consequential loss; or |
806 |
|
807 |
3. loss of profits, business, revenue, goodwill, or anticipated savings. |
808 |
|
809 |
Z125-5589-03 (06/2006) |
810 |
|
811 |
|
812 |
|
813 |
LICENSE INFORMATION |
814 |
|
815 |
The Programs listed below are licensed under the following terms and conditions |
816 |
in addition to those of the International License Agreement for Non-Warranted |
817 |
Programs. |
818 |
|
819 |
Program Name: IBM(R) 32-bit SDK for Linux(R) on Intel(R) architecture, Java(TM) |
820 |
Technology Edition, Version 6 |
821 |
Program Number: 6207-001 |
822 |
Authorization for Use on Home/Portable Computer: The Program may be stored on |
823 |
the primary machine and another machine, provided that the Program is not in |
824 |
active use on both machines at the same time. |
825 |
|
826 |
Program Name: IBM(R) 64-bit SDK for Linux(R) on AMD64 / EM64T architecture, |
827 |
Java(TM) Technology Edition, Version 6 |
828 |
Program Number: 6207-001 |
829 |
Authorization for Use on Home/Portable Computer: The Program may be stored on |
830 |
the primary machine and another machine, provided that the Program is not in |
831 |
active use on both machines at the same time. |
832 |
|
833 |
Program Name: IBM(R) 32-bit SDK for Linux(R) on System i(TM) and System p(TM) |
834 |
architecture, Java(TM) Technology Edition, Version 6 |
835 |
Program Number: 6207-001 |
836 |
Authorization for Use on Home/Portable Computer: The Program may be stored on |
837 |
the primary machine and another machine, provided that the Program is not in |
838 |
active use on both machines at the same time. |
839 |
|
840 |
Program Name: IBM(R) 64-bit SDK for Linux(R) on System i(TM) and System p(TM) |
841 |
architecture, Java(TM) Technology Edition, Version 6 |
842 |
Program Number: 6207-001 |
843 |
Authorization for Use on Home/Portable Computer: The Program may be stored on |
844 |
the primary machine and another machine, provided that the Program is not in |
845 |
active use on both machines at the same time. |
846 |
|
847 |
Program Name: IBM(R) 31-bit SDK for Linux(R) on System z(TM) architecture, |
848 |
Java(TM) Technology Edition, Version 6 |
849 |
Program Number: 6207-001 |
850 |
Authorization for Use on Home/Portable Computer: The Program may be stored on |
851 |
the primary machine and another machine, provided that the Program is not in |
852 |
active use on both machines at the same time. |
853 |
|
854 |
Program Name: IBM(R) 64-bit SDK for Linux(R) on System z(TM) architecture, |
855 |
Java(TM) Technology Edition, Version 6 |
856 |
Program Number: 6207-001 |
857 |
Authorization for Use on Home/Portable Computer: The Program may be stored on |
858 |
the primary machine and another machine, provided that the Program is not in |
859 |
active use on both machines at the same time. |
860 |
|
861 |
Program Name: IBM(R) 32-bit Runtime Environment for Linux(R) on Intel(R) |
862 |
architecture, Java(TM) Technology Edition, Version 6 |
863 |
Program Number: 6207-001 |
864 |
Authorization for Use on Home/Portable Computer: The Program may be stored on |
865 |
the primary machine and another machine, provided that the Program is not in |
866 |
active use on both machines at the same time. |
867 |
|
868 |
Program Name: IBM(R) 64-bit Runtime Environment for Linux(R) on AMD64 / EM64T |
869 |
architecture, Java(TM) Technology Edition, Version 6 |
870 |
Program Number: 6207-001 |
871 |
Authorization for Use on Home/Portable Computer: The Program may be stored on |
872 |
the primary machine and another machine, provided that the Program is not in |
873 |
active use on both machines at the same time. |
874 |
|
875 |
Program Name: IBM(R) 32-bit Runtime Environment for Linux(R) on System i(TM) and |
876 |
System p(TM), Java(TM) Technology Edition, Version 6 |
877 |
Program Number: 6207-001 |
878 |
Authorization for Use on Home/Portable Computer: The Program may be stored on |
879 |
the primary machine and another machine, provided that the Program is not in |
880 |
active use on both machines at the same time. |
881 |
|
882 |
Program Name: IBM(R) 64-bit Runtime Environment for Linux(R) on System i(TM) and |
883 |
System p(TM), Java(TM) Technology Edition, Version 6 |
884 |
Program Number: 6207-001 |
885 |
Authorization for Use on Home/Portable Computer: The Program may be stored on |
886 |
the primary machine and another machine, provided that the Program is not in |
887 |
active use on both machines at the same time. |
888 |
|
889 |
Program Name: IBM(R) 31-bit Runtime Environment for Linux(R) on System z(TM), |
890 |
Java(TM) Technology Edition, Version 6 |
891 |
Program Number: 6207-001 |
892 |
Authorization for Use on Home/Portable Computer: The Program may be stored on |
893 |
the primary machine and another machine, provided that the Program is not in |
894 |
active use on both machines at the same time. |
895 |
|
896 |
Program Name: IBM(R) 64-bit Runtime Environment for Linux(R) on System z(TM), |
897 |
Java(TM) Technology Edition, Version 6 |
898 |
Program Number: 6207-001 |
899 |
Authorization for Use on Home/Portable Computer: The Program may be stored on |
900 |
the primary machine and another machine, provided that the Program is not in |
901 |
active use on both machines at the same time. |
902 |
|
903 |
Limited Use Rights for Other IBM Programs |
904 |
|
905 |
If You acquired this Program as part of another IBM Program ("Principal |
906 |
Program") that lists this Program under "Other IBM Programs", You received this |
907 |
Program only in support of the Principal Program, and Your rights to use this |
908 |
Program will be limited by the license of the Principal Program. Please contact |
909 |
Your IBM Sales Representative if You wish to acquire a separate license to this |
910 |
Program not limited by the Principal Program's license terms. |
911 |
|
912 |
Excluded Components |
913 |
|
914 |
The provisions of this paragraph do not apply to the extent they are held to be |
915 |
invalid or unenforceable under the law that governs this license. The components |
916 |
listed below are "Excluded Components." Notwithstanding any of the terms in the |
917 |
Agreement or any other agreement You may have with IBM: |
918 |
(a) the third party suppliers of such Excluded Components ("Suppliers") provide |
919 |
the components WITHOUT WARRANTIES OF ANY KIND and, such Suppliers DISCLAIM ANY |
920 |
AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED |
921 |
TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED |
922 |
WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR |
923 |
PURPOSE, WITH RESPECT TO THE EXCLUDED COMPONENTS; |
924 |
(b) in no event are the Suppliers liable for any direct, indirect, incidental, |
925 |
special, exemplary, punitive or consequential damages, including but not limited |
926 |
to lost data, lost savings, and lost profits, with respect to the Excluded |
927 |
Components; and, |
928 |
(c) IBM and the Suppliers are not liable to You, and will not defend, indemnify, |
929 |
or hold You harmless for any claims arising from or related to the Excluded |
930 |
Components. |
931 |
|
932 |
Notwithstanding these exclusions, in Germany and Austria, IBM's warranty and |
933 |
liability for the Excluded Components is governed only by the respective terms |
934 |
applicable for Germany and Austria in the IBM license agreements. |
935 |
|
936 |
Notices and important information that IBM is required to provide to You with |
937 |
respect to the Excluded Components, including instructions for obtaining source |
938 |
code for certain Excluded Components, may be found in the NOTICES file(s) that |
939 |
accompanies the Program. |
940 |
|
941 |
Your use of the Excluded Components is governed by the terms of the Agreement |
942 |
and not by any terms that may be contained in the NOTICES file(s). The terms |
943 |
contained in the Agreement are offered by IBM and not by any other party. Future |
944 |
Program updates or fixpacks may contain additional Excluded Components. Such |
945 |
additional Excluded Components, and related notices and information, if any, |
946 |
will be listed in another NOTICES file that accompanies the Program update or |
947 |
fixpack. |
948 |
|
949 |
The following are Excluded Components: |
950 |
Apache Harmony :- |
951 |
* Annotation (Subversion: r573440 2007-09-11 (Arena R4745)) |
952 |
* Beans (Subversion: r573440 2007-09-11 (Arena R4745)) |
953 |
* jndi (Subversion: r573440 2007-09-11 (Arena R4745)) |
954 |
* lang-management (Subversion: r573440 2007-09-11 (Arena R4745)) |
955 |
* logging (Subversion: r573440 2007-09-11 (Arena R4745)) |
956 |
* security (Subversion: r573440 2007-09-11 (Arena R4745)) |
957 |
* sql (Subversion: r573440 2007-09-11 (Arena R4745)) |
958 |
* java.util (part of luni) (Subversion: r573440 2007-09-11 (Arena R4745)) |
959 |
|
960 |
Specified Operating Environment |
961 |
|
962 |
The Program's specifications and specified operating environment information may |
963 |
be found in documentation accompanying the Program, if available, such as a |
964 |
read-me file, or other information published by IBM, such as an announcement |
965 |
letter. |
966 |
|
967 |
Program-unique Terms |
968 |
|
969 |
1. GENERAL |
970 |
|
971 |
To the extent of any conflict between the terms of the International License |
972 |
Agreement for Non-Warranted Programs and this License Information, the terms of |
973 |
this License Information shall prevail. |
974 |
|
975 |
WHERE THE PROGRAM HAS BEEN PROVIDED TO YOU SEPARATELY BY IBM, IT IS PROVIDED AT |
976 |
NO CHARGE. |
977 |
|
978 |
The Program consists of binary code that executes on the operating system(s) |
979 |
specified in Readme files that accompany the Program. |
980 |
|
981 |
3. TRADEMARKS AND COPYRIGHT: YOUR RESPONSIBILITIES |
982 |
|
983 |
a) You shall not modify, delete, suppress, or obscure any copyright, trademark |
984 |
or other legal notice (whether from IBM or any third party) which may be |
985 |
displayed by or included within the Program. |
986 |
|
987 |
b) Java and all Java-based Trademarks are trademarks of Sun Microsystems, Inc. |
988 |
in the United States, other countries, or both. |
989 |
|
990 |
c) You recognize IBM's and Sun Microsystems, Inc.'s ownership and title to their |
991 |
respective trademarks and of any goodwill attaching thereto, including goodwill |
992 |
resulting from use. You will not use or attempt to register any trademark which |
993 |
is confusingly similar to such IBM or Sun trademarks. |
994 |
|
995 |
3. PROOF OF ENTITLEMENT |
996 |
|
997 |
This License Agreement constitutes your Proof of Entitlement. |
998 |
|
999 |
|
1000 |
|
1001 |
D/N: L-RVEK-75GKYF |
1002 |
P/N: L-RVEK-75GKYF |
1003 |
|
1004 |
|
1005 |
|
1006 |
-- |
1007 |
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