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diff --git a/licenses/IBM-J1.6 b/licenses/IBM-J1.6 new file mode 100644 index 000000000..a42b8f456 --- /dev/null +++ b/licenses/IBM-J1.6 @@ -0,0 +1,988 @@ +International License Agreement for Non-Warranted Programs + +Part 1 - General Terms + +BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE PROGRAM YOU AGREE +TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF +ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT +THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO +THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, + +- DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE PROGRAM; AND + +- PROMPTLY RETURN THE PROGRAM AND PROOF OF ENTITLEMENT TO THE PARTY FROM WHOM +YOU ACQUIRED IT TO OBTAIN A REFUND OF THE AMOUNT YOU PAID. IF YOU DOWNLOADED THE +PROGRAM, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT. + +"IBM" is International Business Machines Corporation or one of its subsidiaries. + +"License Information" ("LI") is a document that provides information specific to +a Program. The Program's LI is available at http://www.ibm.com/software/sla/ . +The LI may also be found in a file in the Program's directory, by the use of a +system command, or as a booklet which accompanies the Program. + +"Program" is the following, including the original and all whole or partial +copies: 1) machine-readable instructions and data, 2) components, 3) +audio-visual content (such as images, text, recordings, or pictures), 4) related +licensed materials, and 5) license use documents or keys, and documentation. + +A "Proof of Entitlement" ("PoE") is evidence of Your authorization to use a +Program at a specified level. That level may be measured, for example, by the +number of processors or users. The PoE is also evidence of Your eligibility for +future upgrade prices, if any, and potential special or promotional +opportunities. If IBM does not provide You with a PoE, then IBM may accept the +original paid sales receipt or other sales record from the party (either IBM or +its reseller) from whom You acquired the Program, provided that it specifies the +name of the Program and the usage level acquired. + +"You" and "Your" refer either to an individual person or to a single legal +entity. + +This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms +(if any), License Information, and Proof of Entitlement and is the complete +agreement between You and IBM regarding the use of the Program. It replaces any +prior oral or written communications between You and IBM concerning Your use of +the Program. The terms of Part 2 and License Information may replace or modify +those of Part 1. To the extent there is a conflict between the terms of this +Agreement and those of the IBM International Passport Advantage Agreement, the +terms of the latter agreement prevail. + +1. Entitlement + +License + +The Program is owned by IBM or an IBM supplier, and is copyrighted and licensed, +not sold. + +IBM grants You a nonexclusive license to use the Program when You lawfully +acquire it. + +You may 1) use the Program up to the level of use specified in the PoE and 2) +make and install copies, including a backup copy, to support such use. The terms +of this license apply to each copy You make. You will reproduce all copyright +notices and all other legends of ownership on each copy, or partial copy, of the +Program. + +If You acquire the Program as a program upgrade, after You install the upgrade +You may not use the Program from which You upgraded or transfer it to another +party. + +You will ensure that anyone who uses the Program (accessed either locally or +remotely) does so only for Your authorized use and complies 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. + +IBM may terminate Your license if You fail to comply with the terms of this +Agreement. If IBM does so, You must destroy all copies of the Program and its +PoE. + +Money-back Guarantee + +If for any reason You are dissatisfied with the Program and You are the original +licensee, You may obtain a refund of the amount You paid for it, if within 30 +days of Your invoice date You return the Program and its PoE to the party from +whom You obtained it. If You downloaded the Program, You may contact the party +from whom You acquired it for instructions on how to obtain the refund. + +Program Transfer + +You may transfer a Program and all of Your license rights and obligations to +another party only if that party agrees to the terms of this Agreement. When You +transfer the Program, You must also transfer a copy of this Agreement, including +the Program's PoE. After the transfer, You may not use the Program. + +2. Charges + +The amount payable for a Program license is a one-time charge. + +One-time charges are based on the level of use acquired which is specified in +the PoE. IBM does not give credits or refunds for charges already due or paid, +except as specified elsewhere in this Agreement. + +If You wish to increase the level of use, notify IBM or the party from whom You +acquired it and pay any applicable charges. + +If any authority imposes a duty, tax, levy or fee, excluding those based on +IBM's net income, upon the Program, then You agree to pay the amount specified +or supply exemption documentation. You are responsible for any personal property +taxes for the Program from the date that You acquire it. + +3. No Warranty + +SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, IBM MAKES NO +WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED +TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A +PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE PROGRAM OR TECHNICAL +SUPPORT, IF ANY. + +The exclusion also applies to any of IBM's Program developers and suppliers. + +Manufacturers, suppliers, or publishers of non-IBM Programs may provide their +own warranties. + +IBM does not provide technical support, unless IBM specifies otherwise. + +4. Limitation of Liability + +Circumstances may arise where, because of a default on IBM's part or other +liability, You are entitled to recover damages from IBM. In each such instance, +regardless of the basis on which You may be entitled to claim damages from IBM, +(including fundamental breach, negligence, misrepresentation, or other contract +or tort claim), 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 charges for the +Program that is the subject of the claim. + +This limitation of liability also applies to IBM's Program developers and +suppliers. It is the maximum for which they and IBM are collectively +responsible. + +UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR +ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: + +1. LOSS OF, OR DAMAGE TO, DATA; + +2. SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL +DAMAGES; OR + +3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. + +SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR +CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO +YOU. + +5. General + +1. Nothing in this Agreement affects any statutory rights of consumers that +cannot be waived or limited by contract. + +2. In the event that any provision of this Agreement is held to be invalid or +unenforceable, the remaining provisions of this Agreement remain in full force +and effect. + +3. You agree to comply with all applicable export and import laws and +regulations. + +4. You agree to allow IBM to store and use Your contact information, including +names, phone numbers, and e-mail addresses, anywhere they do business. Such +information will be processed and used in connection with our business +relationship, and may be provided to contractors, Business Partners, and +assignees of IBM for uses consistent with their collective business activities, +including communicating with You (for example, for processing orders, for +promotions, and for market research). + +5. 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. + +6. Neither You nor IBM is responsible for failure to fulfill any obligations due +to causes beyond its control. + +7. This Agreement will not create any right or cause of action for any third +party, nor will IBM be responsible for any third party claims against You +except, as permitted by the Limitation of Liability section above, for bodily +injury (including death) or damage to real or tangible personal property for +which IBM is legally liable. + +6. Governing Law, Jurisdiction, and Arbitration + +Governing Law + +Both You and IBM consent to the application of the laws of the country in which +You acquired the Program license to govern, interpret, and enforce all of Your +and IBM's rights, duties, and obligations arising from, or relating in any +manner to, the subject matter of this Agreement, without regard to conflict of +law principles. + +The United Nations Convention on Contracts for the International Sale of Goods +does not apply. + +Jurisdiction + +All of our rights, duties, and obligations are subject to the courts of the +country in which You acquired the Program license. + +Part 2 - Country-unique Terms + +AMERICAS + +ARGENTINA: Governing Law, Jurisdiction, and Arbitration (Section 6): The +following exception is added to this section: + +Any litigation arising from this Agreement will be settled exclusively by the +Ordinary Commercial Court of the city of Buenos Aires. + +BRAZIL: Governing Law, Jurisdiction, and Arbitration (Section 6): The following +exception is added to this section: + +Any litigation arising from this Agreement will be settled exclusively by the +court of Rio de Janeiro, RJ. + +CANADA: General (Section 5): The following replaces item 7: + +7. This Agreement will not create any right or cause of action for any third +party, nor will IBM be responsible for any third party claims against You except +as permitted by the Limitation of Liability section above for bodily injury +(including death) or physical harm to real or tangible personal property caused +by IBM's negligence for which IBM is legally liable." + +Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws +of the country in which You acquired the Program license" in the Governing Law +subsection is replaced by the following: + +the laws in the Province of Ontario" + +PERU: Limitation of Liability (Section 4): The following is added at the end of +this section: + +In accordance with Article 1328 of the Peruvian Civil Code, the limitations and +exclusions specified in this section will not apply to damages caused by IBM's +willful misconduct ("dolo") or gross negligence ("culpa inexcusable"). + +UNITED STATES OF AMERICA: General (Section 5): The following is added to this +section: + +U.S. Government Users Restricted Rights - Use, duplication or disclosure +restricted by the GSA ADP Schedule Contract with the IBM Corporation. + +Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws +of the country in which You acquired the Program license" in the Governing Law +subsection is replaced by the following: + +the laws of the State of New York, United States of America + +ASIA PACIFIC + +AUSTRALIA: No Warranty (Section 3): The following is added: + +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 4): The following is added: + +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. + +Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws +of the country in which You acquired the Program license" in the Governing Law +subsection is replaced by the following: + +the laws of the State or Territory in which You acquired the Program license + +CAMBODIA, LAOS, and VIETNAM: Governing Law, Jurisdiction, and Arbitration +(Section 6): The phrase "the laws of the country in which You acquired the +Program license" in the Governing Law subsection is replaced by the following: + +the laws of the State of New York, United States of America + +The following is added to this section: + +Arbitration + +Disputes arising out of or in connection with this Agreement shall be finally +settled by arbitration which shall be held in Singapore in accordance with the +Arbitration Rules of Singapore International Arbitration Center ("SIAC Rules") +then in effect. The arbitration award shall be final and binding for the parties +without appeal and shall be in writing and set forth the findings of fact and +the conclusions of law. + +The number of arbitrators shall be three, with each side to the dispute being +entitled to appoint one arbitrator. The two arbitrators appointed by the parties +shall appoint a third arbitrator who shall act as chairman of the proceedings. +Vacancies in the post of chairman shall be filled by the president of the SIAC. +Other vacancies shall be filled by the respective nominating party. Proceedings +shall continue from the stage they were at when the vacancy occurred. + +If one of the parties refuses or otherwise fails to appoint an arbitrator within +30 days of the date the other party appoints its, the first appointed arbitrator +shall be the sole arbitrator, provided that the arbitrator was validly and +properly appointed. + +All proceedings shall be conducted, including all documents presented in such +proceedings, in the English language. The English language version of this +Agreement prevails over any other language version. + +HONG KONG S.A.R. and MACAU S.A.R. of China: Governing Law, Jurisdiction, and +Arbitration (Section 6): The phrase "the laws of the country in which You +acquired the Program license" in the Governing Law subsection is replaced by the +following: + +the laws of Hong Kong Special Administrative Region of China + +INDIA: Limitation of Liability (Section 4): The following replaces the terms of +items 1 and 2 of 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 5): The following replaces the terms of item 5: + +If no suit or other legal action is brought, within three 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. + +Governing Law, Jurisdiction, and Arbitration (Section 6): The following is added +to this section: + +Arbitration + +Disputes arising out of or in connection with this Agreement shall be finally +settled by arbitration which shall be held in Bangalore, India in accordance +with the laws of India then in effect. The arbitration award shall be final and +binding for the parties without appeal and shall be in writing and set forth the +findings of fact and the conclusions of law. + +The number of arbitrators shall be three, with each side to the dispute being +entitled to appoint one arbitrator. The two arbitrators appointed by the parties +shall appoint a third arbitrator who shall act as chairman of the proceedings. +Vacancies in the post of chairman shall be filled by the president of the Bar +Council of India. Other vacancies shall be filled by the respective nominating +party. Proceedings shall continue from the stage they were at when the vacancy +occurred. + +If one of the parties refuses or otherwise fails to appoint an arbitrator within +30 days of the date the other party appoints its, the first appointed arbitrator +shall be the sole arbitrator, provided that the arbitrator was validly and +properly appointed. + +All proceedings shall be conducted, including all documents presented in such +proceedings, in the English language. The English language version of this +Agreement prevails over any other language version. + +JAPAN: General (Section 5): The following is inserted after item 5: + +Any doubts concerning this Agreement will be initially resolved between us in +good faith and in accordance with the principle of mutual trust. + +MALAYSIA: Limitation of Liability (Section 4): The word "SPECIAL" in item 2 of +the third paragraph is deleted: + +NEW ZEALAND: No Warranty (Section 3): The following is added: + +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 which IBM provides, if You require the goods for the +purposes of a business as defined in that Act. + +Limitation of Liability (Section 4): The following is added: + +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 2): The following is added: + +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. + +Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws +of the country in which You acquired the Program license" in the Governing Law +subsection is replaced by the following: + +the laws of the State of New York, United States of America (except when local +law requires otherwise) + +PHILIPPINES: Limitation of Liability (Section 4): The following replaces the +terms of item 2 of the third paragraph: + +2. special (including nominal and exemplary damages), moral, incidental, or +indirect damages or for any economic consequential damages; or + +Governing Law, Jurisdiction, and Arbitration (Section 6): The following is added +to this section: + +Arbitration + +Disputes arising out of or in connection with this Agreement shall be finally +settled by arbitration which shall be held in Metro Manila, Philippines in +accordance with the laws of the Philippines then in effect. The arbitration +award shall be final and binding for the parties without appeal and shall be in +writing and set forth the findings of fact and the conclusions of law. + +The number of arbitrators shall be three, with each side to the dispute being +entitled to appoint one arbitrator. The two arbitrators appointed by the parties +shall appoint a third arbitrator who shall act as chairman of the proceedings. +Vacancies in the post of chairman shall be filled by the president of the +Philippine Dispute Resolution Center, Inc. Other vacancies shall be filled by +the respective nominating party. Proceedings shall continue from the stage they +were at when the vacancy occurred. + +If one of the parties refuses or otherwise fails to appoint an arbitrator within +30 days of the date the other party appoints its, the first appointed arbitrator +shall be the sole arbitrator, provided that the arbitrator was validly and +properly appointed. + +All proceedings shall be conducted, including all documents presented in such +proceedings, in the English language. The English language version of this +Agreement prevails over any other language version. + +SINGAPORE: Limitation of Liability (Section 4): The words "SPECIAL" and +"ECONOMIC" are deleted from item 2 of the third paragraph. + +General (Section 5): The following replaces the terms of item 7: + +Subject to the rights provided to IBM's suppliers and Program developers as +provided in Section 4 above (Limitation of Liability), a person who is not a +party to this Agreement shall have no right under the Contracts (Right of Third +Parties) Act to enforce any of its terms. + +EUROPE, MIDDLE EAST, AFRICA (EMEA) + +No Warranty (Section 3): In the European Union, the following is added at the +beginning of this section: + +In the European Union, consumers have legal rights under applicable national +legislation governing the sale of consumer goods. Such rights are not affected +by the provisions of this Section 3. + +Limitation of Liability (Section 4): In Austria, Denmark, Finland, Greece, +Italy, Netherlands, Norway, Portugal, Spain, Sweden and Switzerland, the +following replaces the terms of this section in its entirety: + +Except as otherwise provided by mandatory law: + +1. IBM's liability for any damages and losses that may arise as a consequence of +the fulfillment of its obligations under or in connection with this agreement or +due to any other cause related to this agreement is limited to the compensation +of only those damages and losses proved and actually arising as an immediate and +direct consequence of the non-fulfillment of such obligations (if IBM is at +fault) or of such cause, for a maximum amount equal to the charges You paid for +the Program. + +The above limitation shall not apply to damages for bodily injuries (including +death) and damages to real property and tangible personal property for which IBM +is legally liable. + +2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM DEVELOPERS, LIABLE FOR +ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR +DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC +CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE +CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, +REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. + +3. The limitation and exclusion of liability herein agreed applies not only to +the activities performed by IBM but also to the activities performed by its +suppliers and Program developers, and represents the maximum amount for which +IBM as well as its suppliers and Program developers, are collectively +responsible. + +Limitation of Liability (Section 4): In France and Belgium, the following +replaces the terms of this section in its entirety: + +Except as otherwise provided by mandatory law: + +1. IBM's liability for any damages and losses that may arise as a consequence of +the fulfillment of its obligations under or in connection with this agreement is +limited to the compensation of only those damages and losses proved and actually +arising as an immediate and direct consequence of the non-fulfillment of such +obligations (if IBM is at fault), for a maximum amount equal to the charges You +paid for the Program that has caused the damages. + +The above limitation shall not apply to damages for bodily injuries (including +death) and damages to real property and tangible personal property for which IBM +is legally liable. + +2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM DEVELOPERS, LIABLE FOR +ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR +DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC +CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE +CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, +REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. + +3. The limitation and exclusion of liability herein agreed applies not only to +the activities performed by IBM but also to the activities performed by its +suppliers and Program developers, and represents the maximum amount for which +IBM as well as its suppliers and Program developers, are collectively +responsible. + +Governing Law, Jurisdiction, and Arbitration (Section 6) + +Governing Law + +The phrase "the laws of the country in which You acquired the Program license" +is replaced by: +1) "the laws of Austria" in Albania, Armenia, Azerbaijan, Belarus, +Bosnia-Herzegovina, Bulgaria, Croatia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, +FYR Macedonia, Moldavia, Poland, Romania, Russia, Slovakia, Slovenia, +Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and FR Yugoslavia; +2) "the laws of France" in Algeria, Benin, Burkina Faso, Cameroon, Cape Verde, +Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic +Republic of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, +Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, +Mauritania, Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, +Seychelles, Togo, Tunisia, Vanuatu, and Wallis & Futuna; +3) "the laws of Finland" in Estonia, Latvia, and Lithuania; +4) "the laws of England" in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, +Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, +Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, +Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West +Bank/Gaza, Yemen, Zambia, and Zimbabwe; and +5) "the laws of South Africa" in South Africa, Namibia, Lesotho and Swaziland. + +Jurisdiction + +The following exceptions are added to this section: + +1) In Austria the choice of jurisdiction for all disputes arising out of this +Agreement and relating thereto, including its existence, will be the competent +court of law in Vienna, Austria (Inner-City); +2) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, +Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, +Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia, +Tanzania, Uganda, United Arab Emirates, West Bank/Gaza, Yemen, Zambia, and +Zimbabwe all disputes arising out of this Agreement or related to its execution, +including summary proceedings, will be submitted to the exclusive jurisdiction +of the English courts; +3) in Belgium and Luxembourg, for all disputes arising out of this Agreement or +related to its interpretation or its execution, only the law and the courts of +the capital of the country in which Your registered office and/or commercial +office is located are competent; +4) in France, Algeria, Benin, Burkina Faso, Cameroon, Cape Verde, Central +African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic +of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, Gambia, +Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, +Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, +Togo, Tunisia, Vanuatu, and Wallis & Futuna all disputes arising out of this +Agreement or related to its violation or execution, including summary +proceedings, will be settled exclusively by the Commercial Court of Paris; +5) in Russia, all disputes arising out of or in relation to the interpretation, +the violation, the termination, the nullity of the execution of this Agreement +shall be settled by Arbitration Court of Moscow; +6) in South Africa, Namibia, Lesotho and Swaziland, both of us agree to submit +all disputes relating to this Agreement to the jurisdiction of the High Court in +Johannesburg; +7) in Turkey all disputes arising out of or in connection with this Agreement +shall be resolved by the Istanbul Central (Sultanahmet) Courts and Execution +Directorates of Istanbul, the Republic of Turkey; +8) in each of the following specified countries, any legal claim arising out of +this Agreement will be brought before, and settled exclusively by, the competent +court of a) Athens for Greece, b) Tel Aviv-Jaffa for Israel, c) Milan for Italy, +d) Lisbon for Portugal, and e) Madrid for Spain; and +9) in the United Kingdom, both of us agree to submit all disputes relating to +this Agreement to the jurisdiction of the English courts. + +Arbitration + +In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, +Georgia, Hungary, Kazakhstan, Kyrgyzstan, FYR Macedonia, Moldavia, Poland, +Romania, Russia, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine, +Uzbekistan, and FR Yugoslavia all disputes arising out of this Agreement or +related to its violation, termination or nullity will be finally settled under +the Rules of Arbitration and Conciliation of the International Arbitral Center +of the Federal Economic Chamber in Vienna (Vienna Rules) by three arbitrators +appointed in accordance with these rules. +The arbitration will be held in Vienna, Austria, and the official language of +the proceedings will be English. The decision of the arbitrators will be final +and binding upon both parties. Therefore, pursuant to paragraph 598 (2) of the +Austrian Code of Civil Procedure, the parties expressly waive the application of +paragraph 595 (1) figure 7 of the Code. IBM may, however, institute proceedings +in a competent court in the country of installation. + +In Estonia, Latvia and Lithuania all disputes arising in connection with this +Agreement will be finally settled in arbitration that will be held in Helsinki, +Finland in accordance with the arbitration laws of Finland then in effect. Each +party will appoint one arbitrator. The arbitrators will then jointly appoint the +chairman. If arbitrators cannot agree on the chairman, then the Central Chamber +of Commerce in Helsinki will appoint the chairman. + +AUSTRIA: No Warranty (Section 3): The terms of this section are completely +replaced by the following: + +The following limited warranty applies if You have paid a charge to obtain the +Program: + +The warranty period is twelve months from the date of delivery. The limitation +period for consumers in action for breach of warranty is the statutory period as +a minimum. + +The warranty for an IBM Program covers the functionality of the Program for its +normal use and the Program's conformity to its specifications. + +IBM warrants that when the Program is used in the specified operating +environment it will conform to its specifications. IBM does not warrant +uninterrupted or error-free operation of the Program or that IBM will correct +all Program defects. You are responsible for the results obtained from the use +of the Program. + +The warranty applies only to the unmodified portion of the Program. + +If the Program does not function as warranted during the warranty period and the +problem cannot be resolved with information available. You may return the +Program to the party from whom You acquired it and receive a refund in the +amount You paid. If You downloaded the Program, You may contact the party from +whom You acquired it to obtain the refund. + +This is our sole obligation to You, except as otherwise required by applicable +statutory law. + +General (Section 5): The following is added to item 4: + +For purposes of this clause, contact information will also include information +about You as a legal entity, for example revenue data and other transactional +information. + +GERMANY: No Warranty (Section 3): The same changes apply as those in No Warranty +(Section 3) under Austria above. + +Limitation of Liability (Section 4): The following paragraph is added to this +Section: + +The limitations and exclusions specified in this Section will not apply to +damages caused by IBM intentionally or by gross negligence. + +General (Section 5): The following replaces the terms of item 5: + +Any claims resulting from this Agreement are subject to a statute of limitation +of three years, except as stated in Section 3 (No Warranty) of this Agreement. + +HUNGARY: Limitation of Liability (Section 4): The following is added at the end +of this section: + +The limitation and exclusion specified herein shall not apply to liability for a +breach of contract damaging life, physical well-being, or health that has been +caused intentionally, by gross negligence, or by a criminal act. + +The parties accept the limitations of liability as valid provisions and state +that the Section 314.(2) of the Hungarian Civil Code applies as the acquisition +price as well as other advantages arising out of the present Agreement balance +this limitation of liability. + +IRELAND: No Warranty (Section 3): The following is added to this section: + +Except as expressly provided in these terms and conditions, or section 12 of the +Sale of Goods Act 1893 (as amended by the Sale of Goods and Supply of Services +Act 1980 ("the 1980 Act")), all conditions and warranties (express or implied, +statutory or otherwise) are hereby excluded including, without limitation, any +warranties implied by the Sale of Goods Act 1893 as amended by the 1980 Act +(including, for the avoidance of doubt, section 39 of the 1980 Act). + +Limitation of Liability (Section 4): The following replaces the terms of this +section in its entirety: + +For the purposes of this section, a "Default" means any act, statement, +omission, or negligence on the part of IBM in connection with, or in relation +to, the subject matter of an Agreement in respect of which IBM is legally liable +to You whether in contract or tort. A number of Defaults which together result +in, or contribute to, substantially the same loss or damage will be treated as +one Default occurring on the date of occurrence of the last such Default. + +Circumstances may arise where, because of a Default, You are entitled to recover +damages from IBM. This section sets out the extent of IBM's liability and Your +sole remedy. + +1. IBM will accept unlimited liability for (a) death or personal injury caused +by the negligence of IBM, and (b) subject always to the Items for Which IBM is +Not Liable below, for physical damage to Your tangible property resulting from +the negligence of IBM. + +2. Except as provided in item 1 above, IBM's entire liability for actual damages +for any one Default will not in any event exceed the greater of 1) EUR 125,000, +or 2) 125% of the amount You paid for the Program directly relating to the +Default. These limits also apply to any of IBM's suppliers and Program +developers. They state the maximum for which IBM and such suppliers and Program +developers are collectively responsible. + +Items for Which IBM is Not Liable + +Save with respect to any liability referred to in item 1 above, under no +circumstances is IBM or any of its suppliers or Program developers liable for +any of the following, even if IBM or they were informed of the possibility of +such losses: + +1. loss of, or damage to, data; + +2. special, indirect, or consequential loss; or + +3. loss of profits, business, revenue, goodwill, or anticipated savings. + +ITALY: General (Section 5): The following is added to this section: + +IBM and Customer (hereinafter, individually, "Party") shall comply with all the +obligations of the applicable provisions of law and/or regulation on personal +data protection. Each of the Parties will indemnify and keep the other Party +harmless from any damage, claim, cost or expense incurred by the latter, +directly and or indirectly, as a consequence of an infringement of the other +Party of the mentioned provisions of law and/or regulations. + +SLOVAKIA: Limitation of Liability (Section 4): The following is added to the end +of the last paragraph: + +The limitations apply to the extent they are not prohibited under �� 373-386 of +the Slovak Commercial Code. + +General (Section 5): The terms of item 5 are replaced with the following: + +THE PARTIES AGREE THAT, AS DEFINED BY APPLICABLE LOCAL LAW, ANY LEGAL OR OTHER +ACTION RELATED TO A BREACH OF THIS AGREEMENT MUST BE COMMENCED NO LATER THAN +FOUR YEARS FROM THE DATE ON WHICH THE CAUSE OF ACTION AROSE. + +SWITZERLAND: General (Section 5): The following is added to item 4: + +For purposes of this clause, contact information will also include information +about You as a legal entity, for example revenue data and other transactional +information. + +UNITED KINGDOM: No Warranty (Section 3): The following replaces the first +sentence in the first paragraph of this section: + +SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE EXCLUDED, IBM MAKES NO +WARRANTY OR CONDITION EITHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) +THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR +PURPOSE, AND NON-INFRINGEMENT, REGARDING THE PROGRAM. + +Limitation of Liability (Section 4): The following replaces the terms of this +section in its entirety: + +For the purposes of this section, a "Default" means any act, statement, +omission, or negligence on the part of IBM in connection with, or in relation +to, the subject matter of an Agreement in respect of which IBM is legally liable +to You, whether in contract or tort. A number of Defaults which together result +in, or contribute to, substantially the same loss or damage will be treated as +one Default. + +Circumstances may arise where, because of a Default, You are entitled to recover +damages from IBM. This section sets out the extent of IBM's liability and Your +sole remedy. + +1. IBM will accept unlimited liability for: + +a. death or personal injury caused by the negligence of IBM; + +b. any breach of its obligations implied by Section 12 of the Sale of Goods Act +1979 or Section 2 of the Supply of Goods and Services Act 1982, or any statutory +modification or re-enactment of either such Section; and + +c. subject always to the Items for Which IBM is Not Liable below, for physical +damage to Your tangible property resulting from the negligence of IBM. + +2. IBM's entire liability for actual damages for any one Default will not in any +event, except as provided in item 1 above, exceed the greater of 1) �75,000, or +2) 125% of the amount You paid for the Program directly relating to the Default. +These limits also apply to IBM's suppliers and Program developers. They state +the maximum for which IBM and such suppliers and Program developers are +collectively responsible. + +Items for Which IBM is Not Liable + +Save with respect to any liability referred to in item 1 above, under no +circumstances is IBM or any of its suppliers or Program developers liable for +any of the following, even if IBM or they were informed of the possibility of +such losses: + +1. loss of, or damage to, data; + +2. special, indirect, or consequential loss; or + +3. loss of profits, business, revenue, goodwill, or anticipated savings. + +Z125-5589-03 (06/2006) + + + +LICENSE INFORMATION + +The Programs listed below are licensed under the following terms and conditions +in addition to those of the International License Agreement for Non-Warranted +Programs. + +Program Name: IBM(R) 32-bit SDK for Linux(R) on Intel(R) architecture, Java(TM) +Technology Edition, Version 6 +Program Number: 6207-001 +Authorization for Use on Home/Portable Computer: 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. + +Program Name: IBM(R) 64-bit SDK for Linux(R) on AMD64 / EM64T architecture, +Java(TM) Technology Edition, Version 6 +Program Number: 6207-001 +Authorization for Use on Home/Portable Computer: 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. + +Program Name: IBM(R) 32-bit SDK for Linux(R) on System i(TM) and System p(TM) +architecture, Java(TM) Technology Edition, Version 6 +Program Number: 6207-001 +Authorization for Use on Home/Portable Computer: 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. + +Program Name: IBM(R) 64-bit SDK for Linux(R) on System i(TM) and System p(TM) +architecture, Java(TM) Technology Edition, Version 6 +Program Number: 6207-001 +Authorization for Use on Home/Portable Computer: 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. + +Program Name: IBM(R) 31-bit SDK for Linux(R) on System z(TM) architecture, +Java(TM) Technology Edition, Version 6 +Program Number: 6207-001 +Authorization for Use on Home/Portable Computer: 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. + +Program Name: IBM(R) 64-bit SDK for Linux(R) on System z(TM) architecture, +Java(TM) Technology Edition, Version 6 +Program Number: 6207-001 +Authorization for Use on Home/Portable Computer: 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. + +Program Name: IBM(R) 32-bit Runtime Environment for Linux(R) on Intel(R) +architecture, Java(TM) Technology Edition, Version 6 +Program Number: 6207-001 +Authorization for Use on Home/Portable Computer: 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. + +Program Name: IBM(R) 64-bit Runtime Environment for Linux(R) on AMD64 / EM64T +architecture, Java(TM) Technology Edition, Version 6 +Program Number: 6207-001 +Authorization for Use on Home/Portable Computer: 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. + +Program Name: IBM(R) 32-bit Runtime Environment for Linux(R) on System i(TM) and +System p(TM), Java(TM) Technology Edition, Version 6 +Program Number: 6207-001 +Authorization for Use on Home/Portable Computer: 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. + +Program Name: IBM(R) 64-bit Runtime Environment for Linux(R) on System i(TM) and +System p(TM), Java(TM) Technology Edition, Version 6 +Program Number: 6207-001 +Authorization for Use on Home/Portable Computer: 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. + +Program Name: IBM(R) 31-bit Runtime Environment for Linux(R) on System z(TM), +Java(TM) Technology Edition, Version 6 +Program Number: 6207-001 +Authorization for Use on Home/Portable Computer: 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. + +Program Name: IBM(R) 64-bit Runtime Environment for Linux(R) on System z(TM), +Java(TM) Technology Edition, Version 6 +Program Number: 6207-001 +Authorization for Use on Home/Portable Computer: 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. + +Limited Use Rights for Other IBM Programs + +If You acquired this Program as part of another IBM Program ("Principal +Program") that lists this Program under "Other IBM Programs", You received this +Program only in support of the Principal Program, and Your rights to use this +Program will be limited by the license of the Principal Program. Please contact +Your IBM Sales Representative if You wish to acquire a separate license to this +Program not limited by the Principal Program's license terms. + +Excluded Components + +The provisions of this paragraph do not apply to the extent they are held to be +invalid or unenforceable under the law that governs this license. The components +listed below are "Excluded Components." Notwithstanding any of the terms in the +Agreement or any other agreement You may have with IBM: +(a) the third party suppliers of such Excluded Components ("Suppliers") provide +the components WITHOUT WARRANTIES OF ANY KIND and, such Suppliers DISCLAIM ANY +AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED +TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED +WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR +PURPOSE, WITH RESPECT TO THE EXCLUDED COMPONENTS; +(b) in no event are the Suppliers liable for any direct, indirect, incidental, +special, exemplary, punitive or consequential damages, including but not limited +to lost data, lost savings, and lost profits, with respect to the Excluded +Components; and, +(c) IBM and the Suppliers are not liable to You, and will not defend, indemnify, +or hold You harmless for any claims arising from or related to the Excluded +Components. + +Notwithstanding these exclusions, in Germany and Austria, IBM's warranty and +liability for the Excluded Components is governed only by the respective terms +applicable for Germany and Austria in the IBM license agreements. + +Notices and important information that IBM is required to provide to You with +respect to the Excluded Components, including instructions for obtaining source +code for certain Excluded Components, may be found in the NOTICES file(s) that +accompanies the Program. + +Your use of the Excluded Components is governed by the terms of the Agreement +and not by any terms that may be contained in the NOTICES file(s). The terms +contained in the Agreement are offered by IBM and not by any other party. Future +Program updates or fixpacks may contain additional Excluded Components. Such +additional Excluded Components, and related notices and information, if any, +will be listed in another NOTICES file that accompanies the Program update or +fixpack. + +The following are Excluded Components: +Apache Harmony :- +* Annotation (Subversion: r573440 2007-09-11 (Arena R4745)) +* Beans (Subversion: r573440 2007-09-11 (Arena R4745)) +* jndi (Subversion: r573440 2007-09-11 (Arena R4745)) +* lang-management (Subversion: r573440 2007-09-11 (Arena R4745)) +* logging (Subversion: r573440 2007-09-11 (Arena R4745)) +* security (Subversion: r573440 2007-09-11 (Arena R4745)) +* sql (Subversion: r573440 2007-09-11 (Arena R4745)) +* java.util (part of luni) (Subversion: r573440 2007-09-11 (Arena R4745)) + +Specified Operating Environment + +The Program's specifications and specified operating environment information may +be found in documentation accompanying the Program, if available, such as a +read-me file, or other information published by IBM, such as an announcement +letter. + +Program-unique Terms + +1. GENERAL + +To the extent of any conflict between the terms of the International License +Agreement for Non-Warranted Programs and this License Information, the terms of +this License Information shall prevail. + +WHERE THE PROGRAM HAS BEEN PROVIDED TO YOU SEPARATELY BY IBM, IT IS PROVIDED AT +NO CHARGE. + +The Program consists of binary code that executes on the operating system(s) +specified in Readme files that accompany the Program. + +3. TRADEMARKS AND COPYRIGHT: YOUR RESPONSIBILITIES + +a) 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. + +b) Java and all Java-based Trademarks are trademarks of Sun Microsystems, Inc. +in the United States, other countries, or both. + +c) You recognize IBM's and Sun Microsystems, Inc.'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. + +3. PROOF OF ENTITLEMENT + +This License Agreement constitutes your Proof of Entitlement. + + + +D/N: L-RVEK-75GKYF +P/N: L-RVEK-75GKYF |