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International License Agreement for Early Release of
Programs<br>
<br>
Part 1 - General Terms<br>
<br>
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, <br>
<br>
- DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE
PROGRAM; AND<br>
<br>
- PROMPTLY RETURN THE PROGRAM TO THE PARTY FROM WHOM YOU
ACQUIRED IT. IF YOU DOWNLOADED THE PROGRAM, CONTACT THE PARTY FROM
WHOM YOU ACQUIRED IT.<br>
<br>
"Early Release" means that the Program is not formally
released or commercially available. The term does not imply that the
Program will be formally released or made commercially available.
IBM does not warrant that should a Program be formally released
or made commercially available that it will be similar to, or
compatible with, Early Release versions.<br>
<br>
"IBM" is International Business Machines Corporation or one
of its subsidiaries.<br>
<br>
"License Information" ("LI") is a document that provides
information specific to a Program. The Program's LI is available in a
file in the Program's directory, by the use of a system command,
or as a booklet which accompanies the Program. The LI may also
be found at http://www.ibm.com/software/sla/ .<br>
<br>
"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.<br>
<br>
"You" and "Your" refer either to an individual person or to
a single legal entity.<br>
<br>
This Agreement includes Part 1 - General Terms, Part 2 -
Country-unique Terms (if any), and License Information 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. <br>
<br>
1. Entitlement<br>
<br>
License<br>
<br>
The Program is owned by IBM or an IBM supplier, and is
copyrighted and licensed, not sold.<br>
<br>
IBM grants You a nonexclusive license to use the Program
when You lawfully acquire it.<br>
<br>
You may 1) use the Program only for internal evaluation or
testing purposes, and 2) make and install a reasonable number of
copies, including a backup copy, of the Program 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.<br>
<br>
THE PROGRAM MAY CONTAIN A DISABLING DEVICE THAT WILL
PREVENT IT FROM BEING USED AFTER THE EVALUATION PERIOD ENDS. YOU
WILL NOT TAMPER WITH THIS DISABLING DEVICE OR THE PROGRAM. YOU
SHOULD TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT
RESULT WHEN THE PROGRAM CAN NO LONGER BE USED.<br>
<br>
You will 1) maintain a record of all copies of the Program
and 2) 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.<br>
<br>
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.<br>
<br>
The evaluation period begins when You agree to the terms of
this Agreement and ends 1) as of the duration or date specified
in the License Information, 2) when the Program automatically
disables itself, or 3) when IBM makes the program commercially
available. You will destroy the Program and all copies made of it
within ten days of the end of the evaluation period. There is no
charge for the use of Program for the duration of the evaluation
period.<br>
<br>
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.<br>
<br>
2. Rights In Data<br>
<br>
You assign to IBM all right, title, and interest (including
ownership of copyright) in any data, suggestions, and written
materials that 1) is related to Your use of the Program and 2) You
provide to IBM. If IBM requires it, You will sign an appropriate
document to assign such rights. Neither party will charge the other
for rights in data or any work performed as a result of this
Agreement.<br>
<br>
3. No Warranty<br>
<br>
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT 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.<br>
<br>
The exclusion also applies to any of IBM's Program
developers and suppliers.<br>
<br>
Manufacturers, suppliers, or publishers of non-IBM Programs
may provide their own warranties.<br>
<br>
IBM does not provide technical support, unless IBM
specifies otherwise.<br>
<br>
4. Limitation of Liability<br>
<br>
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.<br>
<br>
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.<br>
<br>
UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR
SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR
POSSIBILITY: <br>
<br>
1. LOSS OF, OR DAMAGE TO, DATA;<br>
<br>
2. SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR ANY
ECONOMIC CONSEQUENTIAL DAMAGES; OR<br>
<br>
3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR
ANTICIPATED SAVINGS.<br>
<br>
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.<br>
<br>
5. General<br>
<br>
1. Nothing in this Agreement affects any statutory rights
of consumers that cannot be waived or limited by contract.<br>
<br>
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.<br>
<br>
3. You may not export the Program.<br>
<br>
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).<br>
<br>
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.<br>
<br>
6. Neither You nor IBM is responsible for failure to
fulfill any obligations due to causes beyond its control.<br>
<br>
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.<br>
<br>
6. Governing Law, Jurisdiction, and Arbitration<br>
<br>
Governing Law<br>
<br>
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.<br>
<br>
The United Nations Convention on Contracts for the
International Sale of Goods does not apply.<br>
<br>
Jurisdiction<br>
<br>
All of our rights, duties, and obligations are subject to
the courts of the country in which You acquired the Program
license.<br>
<br>
Part 2 - Country-unique Terms<br>
<br>
AMERICAS<br>
<br>
ARGENTINA: Governing Law, Jurisdiction, and Arbitration
(Section 6): The following exception is added to this section:<br>
<br>
Any litigation arising from this Agreement will be settled
exclusively by the Ordinary Commercial Court of the city of Buenos
Aires.<br>
<br>
BRAZIL: Governing Law, Jurisdiction, and Arbitration
(Section 6): The following exception is added to this section:<br>
<br>
Any litigation arising from this Agreement will be settled
exclusively by the court of Rio de Janeiro, RJ.<br>
<br>
CANADA: Limitation of Liability (Section 4): The following
replaces item 1 in the first paragraph of this section: <br>
<br>
1) damages for bodily injury (including death) and physical
harm to real property and tangible personal property caused by
IBM's negligence; and<br>
<br>
General (Section 5): The following replaces the terms in
item 7:<br>
<br>
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.<br>
<br>
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: <br>
<br>
the laws in the Province of Ontario<br>
<br>
PERU: Limitation of Liability (Section 4): The following is
added at the end of this section: <br>
<br>
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").<br>
<br>
UNITED STATES OF AMERICA: General (Section 5): The
following is added to this section:<br>
<br>
U.S. Government Users Restricted Rights - Use, duplication
or disclosure restricted by the GSA ADP Schedule Contract with
the IBM Corporation.<br>
<br>
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:<br>
<br>
the laws of the State of New York, United States of America<br>
<br>
ASIA PACIFIC<br>
<br>
AUSTRALIA: No Warranty (Section 3): The following is added:<br>
<br>
Although IBM specifies that there are no warranties, You
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