International Program License Agreement

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 warranty, 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. Limited Warranty

IBM warrants that when the Program is used in the specified operating environment it will conform to its specifications. The warranty applies only to the unmodified portion of the Program. 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. 

IBM provides You with access to IBM databases containing information on known Program defects, defect corrections, restrictions, and bypasses at no additional charge. Consult the IBM Software Support Guide for further information at http://www.ibm.com/software/support . IBM will maintain this information for at least one year after the original licensee acquires the Program ("Warranty Period").

If the Program does not function as warranted during the Warranty Period and the problem cannot be resolved with information available in the IBM databases, You may return the Program and its PoE to the party (either IBM or its reseller) 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 for instructions on how to obtain the refund. 

THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

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: Limited Warranty (Section 3): The following is added:

The warranties specified in this Section are in addition to any rights You may have 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: Limited Warranty (Section 3): The following is added:

The warranties specified in this Section are in addition to any rights You may have 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.

TAIWAN: Limited Warranty (Section 3): The last paragraph is deleted.

EUROPE, MIDDLE EAST, AFRICA (EMEA)

Limited Warranty (Section 3): In the European Union, the following is added:

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 Limited Warranty provision set out above at section 3 of this Agreement. The territorial scope of the Limited Warranty is worldwide.

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: Limited Warranty (Section 3): The following is inserted at the beginning of this Section:

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 a Program covers the functionality of the Program for its normal use and the Program's conformity to its specifications.

The final two paragraphs are replaced with the following:

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: Limited Warranty (Section 3): The same changes apply as those in Limited 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 replace 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 (Limited 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: Limited Warranty (Section 3): The following is added to this section:

Except as expressly provided in these terms and conditions, all statutory conditions, including all warranties implied, but without prejudice to the generality of the foregoing, all warranties implied by the Sale of Goods Act 1893 or the Sale of Goods and Supply of Services Act 1980 are hereby excluded.

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 ANY LEGAL OR OTHER ACTION RELATED TO A BREACH OF THIS AGREEMENT MUST BE COMMENCED NO LATER AS DEFINED BY THE LOCAL LAW (4 YEARS) FROM THE DATE ON WHICH THE CAUSE OF ACTION AROSE.

SOUTH AFRICA, NAMIBIA, LESOTHO, SWAZILAND: Limited Warranty (Section 3): The following is added at the end of the first paragraph:

notwithstanding any advice or assistance that IBM may have given to You prior to the selection of such Programs.

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: Limited Warranty (Section 3): The following replaces the first sentence in the fourth paragraph of this section:

THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

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.

Z125-3301-12 (06/2006)



LICENSE INFORMATION

The Programs listed below are licensed under the following terms and conditions in addition to those of the International Program License Agreement.

Program Name:  IBM DB2 Driver for JDBC and SQLJ
Program Number:  Tool
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.


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:
for DB2 Version 9
 
* Expat 1.95.1
* CUP Parser Generator 0.10k
* Apache Common-FileUpload 1.0
* Apache Common-Validator 1.0.2
* Apache Common-Collections 2.1
* Apache Common-Digestor 1.5
* APache Common-BeanUtils 1.6
* Apache Jakarta Struts 1.1
* Apache Tomcat 4.1.30 
* Apache Lucene 1.4.3
* Apache Lucene HTML Parser 1.4.3 
* Apache Ant v. 1.6.5
* XML4C v 5.6
* XSLT4C 1.10
* Eclipse SDK 3.1.2
* Eclipse Help System 3.1.1
* Eclipse Modeling Framework 1.1.1
* Eclipse Web Tools Platform (WTP) 1.0.2
* GEF 3.1.1
* XSD 2.1.2
* TPTP 4.0.1.1
* UML2 1.1.1 
* ICU4C 3.2.1
* MX4J 1.1.1
* Info-ZIP 5.31
* zlib 1.2.2
* Minizip 1.01
 
for embedded Websphere Application Server Version 6.1
 
* Apache Ant v. 1.6.5
* Apache Commons-Discovery v. 0.2 
* Apache Commons-Logging v. 1.0.3 
* CUP Parser Generator 0.10k
* Apache Derby v. 10.1 
* Apache Jakarta JSP Standard Tag Library (JSTL) Code v. 1.1 
* Apache Jakarta Struts 1.1
* Apache Soap v. 2.3.1 
* Apache Web Services Invocation Framework Code (WSIF) v. 2.0  
* XML4C v 5.5.0
* Eclipse Modeling Framework 2.1.1
* OSGi Materials
* JYTHON 2.1.3 
* XML SCHEMAS
* ICU4J 3.4.3

Separately Licensed Code

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. Each of the components listed below is considered "Separately Licensed Code". IBM Separately Licensed Code is licensed to You under the terms of the applicable third party license agreement(s) set forth in the NON_IBM_LICENSE file(s) that accompanies the Program. Notwithstanding any of the terms in the Agreement, or any other agreement You may have with IBM, the terms of such third party license agreement(s) governs Your use of all Separately Licensed Code unless otherwise noted below.

Future Program updates or fixpacks may contain additional Separately Licensed Code. Such additional Separately Licensed Code and related licenses are listed in another NON_IBM_LICENSE file that accompanies the Program update or fixpack. You acknowledge that You have read and agree to the license agreements contained in the NON_IBM_LICENSE file(s). If You do not agree to the terms of these third party license agreements, You may not use the Separately Licensed Code.

For Programs acquired under the International Program License Agreement ("IPLA") or International Program License Agreement for Non Warranted Program ("ILAN") and You are the original licensee of the Program, if You do not agree with the third party license agreements, You may return the Program in accordance with the terms of, and within the specified time frames stated in, the "Money-back Guarantee" section of the IPLA or ILAN IBM Agreement.

Note: Notwithstanding any of the terms in the third party license agreement, the Agreement, or any other agreement You may have with IBM:
(a) IBM provides this Separately Licensed Code to You WITHOUT WARRANTIES OF ANY KIND;
(b) IBM DISCLAIMS 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 SEPARATELY LICENSED CODE;
(c) IBM is not liable to You, and will not defend, indemnify, or hold You harmless for any claims arising from or related to the Separately Licensed Code; and
(d) IBM is not 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 Separately Licensed Code.

Notwithstanding these exclusions, in Germany and Austria, IBM's warranty and liability for the Separately Licensed Code is governed only by the respective terms applicable for Germany and Austria in IBM license agreements.

Note: IBM may provide limited support for some Separately Licensed Code. If such support is available, the details and any additional terms related to such support will be set forth in the License Information document.

The following are Separately Licensed Code:
for DB2 Version 9
 
* HP-UX SDK, for the Java(tm) 2 Platform, Version 1.4.2
 
for embedded Websphere Application Server Version 6.1
 
* HP-UX SDK, for the Java(tm) 2 Platform, version 5.0
* JACL Version 1.3.2

Redistribution Information

If You have developed an application that is dependent upon the files or modules listed below or located in the directory named below, You may distribute these files or modules, subject to the following terms:
1) The files or modules must be in object code.
2) You will indemnify IBM or third parties that provide IBM products ("Third Parties") from and against any third party claim arising out of the use or distribution of Your application.
3) You may not use the same path name as the original files/modules.
4) You may not use IBM's or Third Parties' names or trademarks in connection with the marketing of Your applications without IBM's or Third Parties' prior written consent.
5) IBM or Third Parties provide copies of these files or modules "AS IS," i.e., You are responsible for all technical assistance for Your application.
6) In Your license agreement with the recipient, You will notify the recipient that these files or modules may not be 1) used for any purpose other than to enable the application, 2) copied (except for backup purposes), 3) further distributed, or 4) reverse assembled, reverse compiled, or otherwise translated. 

db2jcc.jar
db2jcc_javax.jar
db2jcc_license_cu.jar
sqlj.zip
 
Your application containing a copy of the above referenced files/modules must be labeled as follows:

"CONTAINS

Runtime Modules of
IBM DB2 Driver for JDBC and SQLJ

(c) Copyright IBM Corporation 2006
All Rights Reserved"

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) DB2 clients and documentation 

DB2 clients and documentation are provided with this Program. You may make copies of these clients and documentation in support of Your authorized use of the Program within Your Enterprise.

2) DB2 application drivers

The IBM DB2 Driver for JDBC and SQLJ and the IBM DB2 Driver for ODBC and CLI are provided with this Program. You may make copies of these drivers in support of Your authorized use of the Program within Your Enterprise.

3) Additional Terms

IBM Eclipse Help System 3.1.1

The following subset of Excluded Components and/or Separately Licensed Code was obtained from the Eclipse Foundation: Tomcat, MX4J, Lucene, Lucene HTML Parser, Eclipse Help System (herein collectively referred to as "Eclipse Code"). Notices and important information, including instructions for obtaining source code, for the Eclipse Code may be found in associated "about.html" files ("About Files") located in a directory for the Eclipse Code. These About Files are provided for informational purposes only, and notwithstanding anything to the contrary therein, the terms governing Your use of such Eclipse Code shall be as set forth above in the applicable Excluded Components or Separately Licensed Code section.

IBM Eclipse SDK 3.1

The following subset of Excluded Components and/or Separately Licensed Code was obtained from the Eclipse Foundation: IDE, JDT, PDE, GEF, EMF, XSD, JXE, TPTP, UML2 (herein collectively referred to as "Eclipse Code"). Notices and important information, including instructions for obtaining source code, for the Eclipse Code may be found in associated "about.html" files ("About Files") that accompany the Eclipse Code. These About Files are provided for informational purposes only, and notwithstanding anything to the contrary therein, the terms governing Your use of such Eclipse Code shall be as set forth above in the applicable Excluded Components or Separately Licensed Code section.





D/N:  L-SVAY-6QGQ8T
P/N:  L-SVAY-6QGQ8T 



==================================================================



TERMS FOR SEPARATELY LICENSED CODE

The IBM license agreement for this product and any applicable information on the web download page for IBM products refers You to this file for details concerning terms and conditions applicable to code identified as Separately Licensed Code in the IBM DB2 Version 9 products listed above ("the Program"). 
 
The "Separately Licensed Code" identified in the License Information document of the IBM license agreement is provided to you under terms and conditions that are different from the IBM license agreement. Your use of such components or portions thereof, as indicated, is subject to the terms of the associated license agreement provided or referenced in this section and not the terms of the IBM International Program License Agreement. 

Please note: This Non_IBM_License file may identify Separately Licensed Code and its related agreements that are not used by, or that were not shipped with, the Program as you installed it. 

SEPARATELY LICENSED CODE for:

IBM DB2 Version 9 
 
TERMS AND CONDITIONS FOR SEPARATELY LICENSED CODE

* HP-UX SDK, for the Java(tm) 2 Platform, Version 1.4.2 

---------------------------------------------------------------

HP-UX SDK, for the Java(tm) 2 Platform, Version 1.4.2

ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE HP SOFTWARE LICENSE TERMS
AND SUPPLEMENTAL RESTRICTIONS SET FORTH BELOW, THIRD PARTY SOFTWARE LICENSE
TERMS FOUND IN THE THIRDPARTYLICENSEREADME.TXT FILE AND THE WARRANTY
DISCLAIMER ATTACHED. IF YOU DO NOT ACCEPT THESE TERMS FULLY, YOU MAY NOT
INSTALL OR OTHERWISE USE THE SOFTWARE. NOTWITHSTANDING ANYTHING TO THE
CONTRARY IN THIS NOTICE, INSTALLING OR OTHERWISE USING THE SOFTWARE INDICATES
YOUR ACCEPTANCE OF THESE LICENSE TERMS.

HP SOFTWARE LICENSE TERMS

The following terms govern your use of the Software unless you have a separate
written agreement with HP. HP has the right to change these terms and
conditions at any time, with or without notice.

License Grant

HP grants you a license to Use one copy of the Software. "Use" means storing,
loading, installing, executing or displaying the Software. You may not modify
the Software or disable any licensing or control features of the Software. If
the Software is licensed for "concurrent use", you may not allow more than the
maximum number of authorized users to Use the Software concurrently.

Ownership

The Software is owned and copyrighted by HP or its third party suppliers.
Your license confers no title or ownership in the Software and is not a sale
of any rights in the Software. HP's third party suppliers may protect their
rights in the event of any violation of these License Terms.

Third Party Code

Some third-party code embedded or bundled with the Software is licensed to you
under different terms and conditions as set forth in the
THIRDPARTYLICENSEREADME.txt file. In addition to any terms and conditions of
any third party license identified in the THIRDPARTYLICENSEREADME.txt file,
the disclaimer of warranty and limitation of liability provisions in this
license shall apply to all code distributed as part of or bundled with the
Software.

Source Code

Software may contain source code that, unless expressly licensed for other
purposes, is provided solely for reference purposes pursuant to the terms of
this license. Source code may not be redistributed unless expressly provided
for in these License Terms.

Copies and Adaptations

You may only make copies or adaptations of the Software for archival purposes
or when copying or adaptation is an essential step in the authorized Use of
the Software. You must reproduce all copyright notices in the original
Software on all copies or adaptations. You may not copy the Software onto any
bulletin board or similar system.

No Disassembly or Decryption

You may not disassemble or decompile the Software unless HP's prior written
consent is obtained. In some jurisdictions, HP's consent may not be required
for disassembly or decompilation. Upon request, you will provide HP with
reasonably detailed information regarding any disassembly or decompilation.
You may not decrypt the Software unless decryption is a necessary part of the
operation of the Software.

Transfer

Your license will automatically terminate upon any transfer of the Software.
Upon transfer, you must deliver the Software, including any copies and related
documentation, to the transferee. The transferee must accept these License
Terms as a condition to the transfer.

Termination

HP may terminate your license upon notice for failure to comply with any of
these License Terms. Upon termination, you must immediately destroy the
Software, together with all copies, adaptations and merged portions in any
form.

Export Requirements

You may not export or re-export the Software or any copy or adaptation in
violation of any applicable laws or regulations.

This software or any copy or adaptation may not be exported, reexported or
transferred to or within countries under U.S. economic embargo including the
following countries: Afghanistan (Taliban-controlled areas), Cuba, Iran,
Iraq, Libya, North Korea, Serbia, Sudan and Syria. This list is subject to
change.

This software or any copy or adaptation may not be exported, reexported or
transferred to persons or entities listed on the U.S. Department of Commerce
Denied Parties List or on any U.S. Treasury Department Designated Nationals
exclusion list, or to any party directly or indirectly involved in the
development or production of nuclear, chemical, biological weapons or related
missile technology programs as specified in the U.S. Export Administration
Regulations (15 CFR 730).


U.S. Government Contracts

If the Software is licensed for use in the performance of a U.S. government
prime contract or subcontract, you agree that, consistent with FAR 12.211 and
12.212, commercial computer Software, computer Software documentation and
technical data for commercial items are licensed under HP's standard
commercial license.

SUPPLEMENTAL RESTRICTIONS

You acknowledge the Software is not designed or intended for use in on-line
control of aircraft, air traffic, aircraft navigation, or aircraft
communications; or in the design, construction, operation or maintenance of
any nuclear facility. HP disclaims any express or implied warranty of fitness
for such uses.

HP WARRANTY STATEMENT

DURATION OF LIMITED WARRANTY: 90 DAYS

HP warrants to you, the end customer, that HP hardware, accessories, and
supplies will be free from defects in materials and workmanship after the date
of purchase for the period specified above. If HP receives notice of such
defects during the warranty period, HP will, at its option, either repair or
replace products which prove to be defective. Replacement products may be
either new or equivalent in performance to new.

HP warrants to you that HP Software will not fail to execute its programming
instructions after the date of purchase, for the period specified above, due
to defects in materials and workmanship when properly installed and used. If
HP receives notice of such defects during the warranty period, HP will replace
Software which does not execute its programming instructions due to such
defects.

HP does not warrant that the operation of HP products will be uninterrupted or
error free. If HP is unable, within a reasonable time, to repair or replace
any product to a condition warranted, you will be entitled to a refund of the
purchase price upon prompt return of the product. Alternatively, in the case
of HP Software, you will be entitled to a refund of the purchase price upon
prompt delivery to HP of written notice from you confirming destruction of the
HP Software, together with all copies, adaptations, and merged portions in any
form.

HP products may contain remanufactured parts equivalent to new in performance
or may have been subject to incidental use.

Warranty does not apply to defects resulting from: (a) improper or inadequate
maintenance or calibration; (b) software, interfacing, parts or supplies not
supplied by HP, (c) unauthorized modification or misuse; (d) operation outside
of the published environmental specifications for the product, (e) improper
site preparation or maintenance, or (f) the presence of software from HP
suppliers embedded in any HP product.

TO THE EXTENT ALLOWED BY LOCAL LAW, THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO
OTHER WARRANTY OR CONDITION, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED
AND HP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Some countries, states, or provinces do not allow limitations on the duration
of an implied warranty, so the above limitation or exclusion may not apply to
you. This warranty gives you specific legal rights and you might also have
other rights that vary from country to country, state to state, or province to
province.

TO THE EXTENT ALLOWED BY LOCAL LAW, THE REMEDIES IN THIS WARRANTY STATEMENT
ARE YOUR SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT
WILL HP OR ITS SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT OR DATA), OR OTHER DAMAGE,
WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. Some countries, states, or
provinces do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation may not apply to you.

END OF HP SDK for J2SE HP-UX 11i platform, adapted by IBM for IBM Software, Version 1.4.2
TERMS AND CONDITIONS

===============================================================

SEPARATELY LICENSED CODE for:

IBM embedded Websphere Application Server Version 6.1
 
TERMS AND CONDITIONS FOR SEPARATELY LICENSED CODE

* HP-UX SDK, for the Java(tm) 2 Platform, Version 5.0 
* JACL Version 1.3.2 

---------------------------------------------------------------

HP-UX SDK, for the Java(tm) 2 Platform, Version 5.0, adapted by IBM 
for IBM Software, Version 5.0. For the version of this Program using 
the HP-UX platform, the Program includes a copy of the HP-UX 
Developer's Kit for Java for your convenience. 
 
This component is subject to the terms and conditions of the following 
license agreements from Hewlett-Packard Co. included with the HP-UX 
Developer's Kit for Java. 
 
HP-UX SDK, for the Java(tm) 2 Platform, Version 5.0

ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE HP SOFTWARE LICENSE 
TERMS AND SUPPLEMENTAL RESTRICTIONS SET FORTH BELOW, THIRD PARTY 
SOFTWARE LICENSE TERMS FOUND IN THE THIRDPARTYLICENSEREADME.TXT FILE 
AND THE WARRANTY DISCLAIMER ATTACHED. IF YOU DO NOT ACCEPT THESE 
TERMS FULLY, YOU MAY NOT INSTALL OR OTHERWISE USE THE SOFTWARE. 
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS NOTICE, INSTALLING OR 
OTHERWISE USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE 
LICENSE TERMS.

HP SOFTWARE LICENSE TERMS

The following terms govern your use of the Software unless you have a 
separate written agreement with HP. HP has the right to change these 
terms and conditions at any time, with or without notice.

License Grant

HP grants you a license to Use one copy of the Software. "Use" means 
storing, loading, installing, executing or displaying the Software. 
You may not modify the Software or disable any licensing or control 
features of the Software. If the Software is licensed for "concurrent 
use", you may not allow more than the maximum number of authorized 
users to Use the Software concurrently.

Ownership

The Software is owned and copyrighted by HP or its third party 
suppliers. Your license confers no title or ownership in the Software 
and is not a sale of any rights in the Software. HP's third party 
suppliers may protect their rights in the event of any violation of 
these License Terms.

Third Party Code

Some third-party code embedded or bundled with the Software is 
licensed to you under different terms and conditions as set forth in 
the THIRDPARTYLICENSEREADME.txt file. In addition to any terms and 
conditions of any third party license identified in the 
THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty and 
limitation of liability provisions in this license shall apply to all 
code distributed as part of or bundled with the Software.

Source Code

Software may contain source code that, unless expressly licensed for 
other purposes, is provided solely for reference purposes pursuant to 
the terms of this license. Source code may not be redistributed 
unless expressly provided for in these License Terms.

Copies and Adaptations

You may only make copies or adaptations of the Software for archival 
purposes or when copying or adaptation is an essential step in the 
authorized Use of the Software. You must reproduce all copyright 
notices in the original Software on all copies or adaptations. You 
may not copy the Software onto any bulletin board or similar system.

No Disassembly or Decryption

You may not disassemble or decompile the Software unless HP's prior 
written consent is obtained. In some jurisdictions, HP's consent may 
not be required for disassembly or decompilation. Upon request, you 
will provide HP with reasonably detailed information regarding any 
disassembly or decompilation. You may not decrypt the Software unless 
decryption is a necessary part of the operation of the Software.

Transfer

Your license will automatically terminate upon any transfer of the 
Software. Upon transfer, you must deliver the Software, including any 
copies and related documentation, to the transferee. The transferee 
must accept these License Terms as a condition to the transfer.

Termination

HP may terminate your license upon notice for failure to comply with 
any of these License Terms. Upon termination, you must immediately 
destroy the Software, together with all copies, adaptations and merged 
portions in any form.

Export Requirements

You may not export or re-export the Software or any copy or adaptation 
in violation of any applicable laws or regulations.

This software or any copy or adaptation may not be exported, 
reexported or transferred to or within countries under U.S. economic 
embargo including the following countries: Afghanistan (Taliban-
controlled areas), Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan 
and Syria. This list is subject to change.

This software or any copy or adaptation may not be exported, 
reexported or transferred to persons or entities listed on the U.S. 
Department of Commerce Denied Parties List or on any U.S. Treasury 
Department Designated Nationals exclusion list, or to any party 
directly or indirectly involved in the development or production of 
nuclear, chemical, biological weapons or related missile technology 
programs as specified in the U.S. Export Administration Regulations 
(15 CFR 730).


U.S. Government Contracts

If the Software is licensed for use in the performance of a U.S. 
government prime contract or subcontract, you agree that, consistent 
with FAR 12.211 and 12.212, commercial computer Software, computer 
Software documentation and technical data for commercial items are 
licensed under HP's standard commercial license.

SUPPLEMENTAL RESTRICTIONS

You acknowledge the Software is not designed or intended for use in 
on-line control of aircraft, air traffic, aircraft navigation, or 
aircraft communications; or in the design, construction, operation or 
maintenance of any nuclear facility. HP disclaims any express or 
implied warranty of fitness for such uses.

HP WARRANTY STATEMENT

DURATION OF LIMITED WARRANTY: 90 DAYS

HP warrants to you, the end customer, that HP hardware, accessories, 
and supplies will be free from defects in materials and workmanship 
after the date of purchase for the period specified above. If HP 
receives notice of such defects during the warranty period, HP will, 
at its option, either repair or replace products which prove to be 
defective. Replacement products may be either new or equivalent in 
performance to new.

HP warrants to you that HP Software will not fail to execute its 
programming instructions after the date of purchase, for the period 
specified above, due to defects in materials and workmanship when 
properly installed and used. If HP receives notice of such defects 
during the warranty period, HP will replace Software which does not 
execute its programming instructions due to such defects.

HP does not warrant that the operation of HP products will be 
uninterrupted or error free. If HP is unable, within a reasonable 
time, to repair or replace any product to a condition warranted, you 
will be entitled to a refund of the purchase price upon prompt return 
of the product. Alternatively, in the case of HP Software, you will 
be entitled to a refund of the purchase price upon prompt delivery to 
HP of written notice from you confirming destruction of the HP 
Software, together with all copies, adaptations, and merged portions 
in any form.

HP products may contain remanufactured parts equivalent to new in 
performance or may have been subject to incidental use.

Warranty does not apply to defects resulting from: (a) improper or 
inadequate maintenance or calibration; (b) software, interfacing, 
parts or supplies not supplied by HP, (c) unauthorized modification or 
misuse; (d) operation outside of the published environmental 
specifications for the product, (e) improper site preparation or 
maintenance, or (f) the presence of software from HP suppliers 
embedded in any HP product.

TO THE EXTENT ALLOWED BY LOCAL LAW, THE ABOVE WARRANTIES ARE EXCLUSIVE 
AND NO OTHER WARRANTY OR CONDITION, WHETHER WRITTEN OR ORAL, IS 
EXPRESSED OR IMPLIED AND HP SPECIFICALLY DISCLAIMS ANY IMPLIED 
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, AND 
FITNESS FOR A PARTICULAR PURPOSE. Some countries, states, or provinces 
do not allow limitations on the duration of an implied warranty, so 
the above limitation or exclusion may not apply to you. This warranty 
gives you specific legal rights and you might also have other rights 
that vary from country to country, state to state, or province to 
province.

TO THE EXTENT ALLOWED BY LOCAL LAW, THE REMEDIES IN THIS WARRANTY 
STATEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED 
ABOVE, IN NO EVENT WILL HP OR ITS SUPPLIERS BE LIABLE FOR LOSS OF DATA 
OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST 
PROFIT OR DATA), OR OTHER DAMAGE, WHETHER BASED IN CONTRACT, TORT, OR 
OTHERWISE. Some countries, states, or provinces do not allow the 
exclusion or limitation of incidental or consequential damages, so the 
above limitation may not apply to you.
 
 
END OF HP-UX SDK, for the Java(tm) 2 Platform, Version 5.0, adapted by IBM 
for IBM Software, Version 5.0. TERMS AND CONDITIONS 
 
--------------------------------------------------------------- 
 
JACL 1.3.2. The Program includes Jacl 1.3.2, consisting of the 
<was_install_root>\lib\jacl.jar and 
<was_install_root>\lib\tcljava.jar. IBM obtained this software code 
under the terms and conditions reproduced below, and the Jacl software 
is provided to you under these terms and conditions. 
 
1) Sun Microsystems License 
 
License Terms and Conditions 
SUN MICROSYSTEMS, INC. THROUGH ITS SUN MICROSYSTEMS LABORATORIES 
DIVISION ("SUN") WILL LICENSE THIS SOFTWARE AND THE ACCOMPANYING 
DOCUMENTATION TO YOU (a "Licensee") ONLY ON YOUR ACCEPTANCE OF ALL 
THE TERMS SET FORTH BELOW. 
 
Sun grants Licensee a non-exclusive, royalty-free right to download, 
install, compile, use, copy and distribute the Software, modify or 
otherwise create derivative works from the Software (each, a 
"Modification") and distribute any Modification in source code and/or 
binary code form to its customers with a license agreement containing 
these terms and noting that the Software has been modified. The 
Software is copyrighted by Sun and other third parties and Licensee 
shall retain and reproduce all copyright and other notices presently 
on the Software. As between Sun and Licensee, Sun is the sole owner of 
all rights in and to the Software other than the limited rights 
granted to Licensee herein; Licensee will own its Modifications, 
expressly subject to Sun's continuing ownership of the Software. 
Licensee will, at its expense, defend and indemnify Sun and its 
licensors from and against any third party claims, including costs and 
reasonable attorneys' fees, and be wholly responsible for any 
liabilities arising out of or related to Licensee's development, use 
or distribution of the Software or Modifications. Any distribution of 
the Software and Modifications must comply with all applicable United 
States export control laws. 
 
THE SOFTWARE IS BEING PROVIDED TO LICENSEE "AS IS" AND ALL EXPRESS OR 
IMPLIED CONDITIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF 
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, 
ARE DISCLAIMED. IN NO EVENT WILL SUN BE LIABLE HEREUNDER FOR ANY 
DIRECT DAMAGES OR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR 
CONSEQUENTIAL DAMAGES OF ANY KIND. 
 
 
2) University of California License 
 
Portions of Jacl and Tcl Blend are 
Copyright (c) 1997-1999 The Regents of the University of California. 
All rights reserved. 
 
Permission is hereby granted, without written agreement and without 
license or royalty fees, to use, copy, modify, and distribute this 
software and its documentation for any purpose, provided that the 
above copyright notice and the following two paragraphs appear in all 
copies of this software. 
 
IN NO EVENT SHALL THE UNIVERSITY OF CALIFORNIA BE LIABLE TO ANY PARTY 
FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES 
ARISING OUT OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF 
THE UNIVERSITY OF CALIFORNIA HAS BEEN ADVISED OF THE POSSIBILITY OF 
SUCH DAMAGE. 
 
THE UNIVERSITY OF CALIFORNIA SPECIFICALLY DISCLAIMS ANY WARRANTIES, 
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF 
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE 
PROVIDED HEREUNDER IS ON AN "AS IS" BASIS, AND THE UNIVERSITY OF 
CALIFORNIA HAS NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, 
ENHANCEMENTS, OR MODIFICATIONS. 
 
 
END OF JACL Version 1.3.2 TERMS AND CONDITIONS 

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END OF NON_IBM_LICENSE FILE 
