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diff --git a/licenses/IBM-J1.6 b/licenses/IBM-J1.6 deleted file mode 100644 index a42b8f456..000000000 --- a/licenses/IBM-J1.6 +++ /dev/null @@ -1,988 +0,0 @@ -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 |