commit: f43f8416ec69ffb4bdde27be08b19a250390bdcd
Author: Ulrich Müller <ulm <AT> gentoo <DOT> org>
AuthorDate: Fri Aug 12 20:39:24 2016 +0000
Commit: Ulrich Müller <ulm <AT> gentoo <DOT> org>
CommitDate: Fri Aug 12 20:40:41 2016 +0000
URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=f43f8416
licenses: Remove unused.
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-International Program License Agreement
-
-Part 1 - General Terms
-
-BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, CLICKING ON AN "ACCEPT"
BUTTON, OR OTHERWISE USING THE PROGRAM, LICENSEE AGREES TO THE TERMS OF THIS
AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF LICENSEE, YOU
REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND LICENSEE TO THESE
TERMS. IF YOU DO NOT AGREE TO THESE TERMS,
-
-- DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, CLICK ON AN "ACCEPT" BUTTON, OR USE
THE PROGRAM; AND
-
-- PROMPTLY RETURN THE UNUSED MEDIA, DOCUMENTATION, AND PROOF OF ENTITLEMENT TO
THE PARTY FROM WHOM IT WAS OBTAINED FOR A REFUND OF THE AMOUNT PAID. IF THE
PROGRAM WAS DOWNLOADED, DESTROY ALL COPIES OF THE PROGRAM.
-
-1. Definitions
-
-"Authorized Use" - the specified level at which Licensee is authorized to
execute or run the Program. That level may be measured by number of users,
millions of service units ("MSUs"), Processor Value Units ("PVUs"), or other
level of use specified by IBM.
-
-"IBM" - International Business Machines Corporation or one of its subsidiaries.
-
-"License Information" ("LI") - a document that provides information and any
additional terms specific to a Program. The Program's LI is available at
www.ibm.com/software/sla. The LI can also be found in the Program's directory,
by the use of a system command, or as a booklet included with the Program.
-
-"Program" - the following, including the original and all whole or partial
copies: 1) machine-readable instructions and data, 2) components, files, and
modules, 3) audio-visual content (such as images, text, recordings, or
pictures), and 4) related licensed materials (such as keys and documentation).
-
-"Proof of Entitlement" ("PoE") - evidence of Licensee's Authorized Use. The
PoE is also evidence of Licensee's eligibility for warranty, future update
prices, if any, and potential special or promotional opportunities. If IBM does
not provide Licensee with a PoE, then IBM may accept as the PoE the original
paid sales receipt or other sales record from the party (either IBM or its
reseller) from whom Licensee obtained the Program, provided that it specifies
the Program name and Authorized Use obtained.
-
-"Warranty Period" - one year, starting on the date the original Licensee is
granted the license.
-
-2. Agreement Structure
-
-This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms
(if any), the LI, and the PoE and is the complete agreement between Licensee
and IBM regarding the use of the Program. It replaces any prior oral or written
communications between Licensee and IBM concerning Licensee's use of the
Program. The terms of Part 2 may replace or modify those of Part 1. To the
extent of any conflict, the LI prevails over both Parts.
-
-3. License Grant
-
-The Program is owned by IBM or an IBM supplier, and is copyrighted and
licensed, not sold.
-
-IBM grants Licensee a nonexclusive license to 1) use the Program up to the
Authorized Use specified in the PoE, 2) make and install copies to support such
Authorized Use, and 3) make a backup copy, all provided that
-
-a. Licensee has lawfully obtained the Program and complies with the terms of
this Agreement;
-
-b. the backup copy does not execute unless the backed-up Program cannot
execute;
-
-c. Licensee reproduces all copyright notices and other legends of ownership on
each copy, or partial copy, of the Program;
-
-d. Licensee ensures that anyone who uses the Program (accessed either locally
or remotely) 1) does so only on Licensee's behalf and 2) complies with the
terms of this Agreement;
-
-e. Licensee does not 1) use, copy, modify, or distribute the Program except as
expressly permitted in this Agreement; 2) reverse assemble, reverse compile,
otherwise translate, or reverse engineer the Program, except as expressly
permitted by law without the possibility of contractual waiver; 3) use any of
the Program's components, files, modules, audio-visual content, or related
licensed materials separately from that Program; or 4) sublicense, rent, or
lease the Program; and
-
-f. if Licensee obtains this Program as a Supporting Program, Licensee uses
this Program only to support the Principal Program and subject to any
limitations in the license to the Principal Program, or, if Licensee obtains
this Program as a Principal Program, Licensee uses all Supporting Programs only
to support this Program, and subject to any limitations in this Agreement. For
purposes of this Item "f," a "Supporting Program" is a Program that is part of
another IBM Program ("Principal Program") and identified as a Supporting
Program in the Principal Program's LI. (To obtain a separate license to a
Supporting Program without these restrictions, Licensee should contact the
party from whom Licensee obtained the Supporting Program.)
-
-This license applies to each copy of the Program that Licensee makes.
-
-3.1 Trade-ups, Updates, Fixes, and Patches
-
-3.1.1 Trade-ups
-
-If the Program is replaced by a trade-up Program, the replaced Program's
license is promptly terminated.
-
-3.1.2 Updates, Fixes, and Patches
-
-When Licensee receives an update, fix, or patch to a Program, Licensee accepts
any additional or different terms that are applicable to such update, fix, or
patch that are specified in its LI. If no additional or different terms are
provided, then the update, fix, or patch is subject solely to this Agreement.
If the Program is replaced by an update, Licensee agrees to promptly
discontinue use of the replaced Program.
-
-3.2 Fixed Term Licenses
-
-If IBM licenses the Program for a fixed term, Licensee's license is terminated
at the end of the fixed term, unless Licensee and IBM agree to renew it.
-
-3.3 Term and Termination
-
-This Agreement is effective until terminated.
-
-IBM may terminate Licensee's license if Licensee fails to comply with the
terms of this Agreement.
-
-If the license is terminated for any reason by either party, Licensee agrees
to promptly discontinue use of and destroy all of Licensee's copies of the
Program. Any terms of this Agreement that by their nature extend beyond
termination of this Agreement remain in effect until fulfilled, and apply to
both parties' respective successors and assignees.
-
-4. Charges
-
-Charges are based on Authorized Use obtained, 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 Licensee wishes to increase its Authorized Use, Licensee must notify IBM or
an authorized IBM reseller in advance and pay any applicable charges.
-
-5. Taxes
-
-If any authority imposes on the Program a duty, tax, levy, or fee, excluding
those based on IBM's net income, then Licensee agrees to pay that amount, as
specified in an invoice, or supply exemption documentation. Licensee is
responsible for any personal property taxes for the Program from the date that
Licensee obtains it. If any authority imposes a customs duty, tax, levy, or fee
for the import into or the export, transfer, access, or use of the Program
outside the country in which the original Licensee was granted the license,
then Licensee agrees that it is responsible for, and will pay, any amount
imposed.
-
-6. Money-back Guarantee
-
-If Licensee is dissatisfied with the Program for any reason and is the
original Licensee, Licensee may terminate the license and obtain a refund of
the amount Licensee paid for the Program, provided that Licensee returns the
Program and PoE to the party from whom Licensee obtained it within 30 days of
the date the PoE was issued to Licensee. If the license is for a fixed term
that is subject to renewal, then Licensee may obtain a refund only if the
Program and its PoE are returned within the first 30 days of the initial term.
If Licensee downloaded the Program, Licensee should contact the party from whom
Licensee obtained it for instructions on how to obtain the refund.
-
-7. Program Transfer
-
-Licensee may transfer the Program and all of Licensee's license rights and
obligations to another party only if that party agrees to the terms of this
Agreement. If the license is terminated for any reason by either party,
Licensee is prohibited from transferring the Program to another party. Licensee
may not transfer a portion of 1) the Program or 2) the Program's Authorized
Use. When Licensee transfers the Program, Licensee must also transfer a hard
copy of this Agreement, including the LI and PoE. Immediately after the
transfer, Licensee's license terminates.
-
-8. Warranty and Exclusions
-
-8.1 Limited Warranty
-
-IBM warrants that the Program, when used in its specified operating
environment, will conform to its specifications. The Program's specifications,
and specified operating environment information, can be found in documentation
accompanying the Program (such as a read-me file) or other information
published by IBM (such as an announcement letter). Licensee agrees that such
documentation and other Program content may be supplied only in the English
language, unless otherwise required by local law without the possibility of
contractual waiver or limitation.
-
-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. Licensee is responsible for the results
obtained from the use of the Program.
-
-During the Warranty Period, IBM provides Licensee 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 Handbook for further information at www.ibm.com/software/support.
-
-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,
Licensee may return the Program and its PoE to the party (either IBM or its
reseller) from whom Licensee obtained it and receive a refund of the amount
Licensee paid. After returning the Program, Licensee's license terminates. If
Licensee downloaded the Program, Licensee should contact the party from whom
Licensee obtained it for instructions on how to obtain the refund.
-
-8.2 Exclusions
-
-THESE WARRANTIES ARE LICENSEE'S EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ANY WARRANTY OR CONDITION OF
NON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
LICENSEE. 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 LICENSEE.
-
-THESE WARRANTIES GIVE LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
-
-THE WARRANTIES IN THIS SECTION 8 (WARRANTY AND EXCLUSIONS) ARE PROVIDED SOLELY
BY IBM. THE DISCLAIMERS IN THIS SUBSECTION 8.2 (EXCLUSIONS), HOWEVER, ALSO
APPLY TO IBM'S SUPPLIERS OF THIRD PARTY CODE. THOSE SUPPLIERS PROVIDE SUCH CODE
WITHOUT WARRANTIES OR CONDITION OF ANY KIND. THIS PARAGRAPH DOES NOT NULLIFY
IBM'S WARRANTY OBLIGATIONS UNDER THIS AGREEMENT.
-
-9. Licensee Data and Databases
-
-To assist Licensee in isolating the cause of a problem with the Program, IBM
may request that Licensee 1) allow IBM to remotely access Licensee's system or
2) send Licensee information or system data to IBM. However, IBM is not
obligated to provide such assistance unless IBM and Licensee enter a separate
written agreement under which IBM agrees to provide to Licensee that type of
technical support, which is beyond IBM's warranty obligations in this
Agreement. In any event, IBM uses information about errors and problems to
improve its products and services, and assist with its provision of related
support offerings. For these purposes, IBM may use IBM entities and
subcontractors (including in one or more countries other than the one in which
Licensee is located), and Licensee authorizes IBM to do so.
-
-Licensee remains responsible for 1) any data and the content of any database
Licensee makes available to IBM, 2) the selection and implementation of
procedures and controls regarding access, security, encryption, use, and
transmission of data (including any personally-identifiable data), and 3)
backup and recovery of any database and any stored data. Licensee will not send
or provide IBM access to any personally-identifiable information, whether in
data or any other form, and will be responsible for reasonable costs and other
amounts that IBM may incur relating to any such information mistakenly provided
to IBM or the loss or disclosure of such information by IBM, including those
arising out of any third party claims.
-
-10. Limitation of Liability
-
-The limitations and exclusions in this Section 10 (Limitation of Liability)
apply to the full extent they are not prohibited by applicable law without the
possibility of contractual waiver.
-
-10.1 Items for Which IBM May Be Liable
-
-Circumstances may arise where, because of a default on IBM's part or other
liability, Licensee is entitled to recover damages from IBM. Regardless of the
basis on which Licensee is entitled to claim damages from IBM (including
fundamental breach, negligence, misrepresentation, or other contract or tort
claim), IBM's entire liability for all claims in the aggregate arising from or
related to each Program or otherwise arising under this Agreement will not
exceed the amount of any 1) damages for bodily injury (including death) and
damage to real property and tangible personal property and 2) other actual
direct damages up to the charges (if the Program is subject to fixed term
charges, up to twelve months' charges) Licensee paid for the Program that is
the subject of the claim.
-
-This limit also applies to any of IBM's Program developers and suppliers. It
is the maximum for which IBM and its Program developers and suppliers are
collectively responsible.
-
-10.2 Items for Which IBM Is Not Liable
-
-UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR
ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:
-
-a. LOSS OF, OR DAMAGE TO, DATA;
-
-b. SPECIAL, INCIDENTAL, EXEMPLARY, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC
CONSEQUENTIAL DAMAGES; OR
-
-c. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
-
-11. Compliance Verification
-
-For purposes of this Section 11 (Compliance Verification), "IPLA Program
Terms" means 1) this Agreement and applicable amendments and transaction
documents provided by IBM, and 2) IBM software policies that may be found at
the IBM Software Policy website (www.ibm.com/softwarepolicies), including but
not limited to those policies concerning backup, sub-capacity pricing, and
migration.
-
-The rights and obligations set forth in this Section 11 remain in effect
during the period the Program is licensed to Licensee, and for two years
thereafter.
-
-11.1 Verification Process
-
-Licensee agrees to create, retain, and provide to IBM and its auditors
accurate written records, system tool outputs, and other system information
sufficient to provide auditable verification that Licensee's use of all
Programs is in compliance with the IPLA Program Terms, including, without
limitation, all of IBM's applicable licensing and pricing qualification terms.
Licensee is responsible for 1) ensuring that it does not exceed its Authorized
Use, and 2) remaining in compliance with IPLA Program Terms.
-
-Upon reasonable notice, IBM may verify Licensee's compliance with IPLA Program
Terms at all sites and for all environments in which Licensee uses (for any
purpose) Programs subject to IPLA Program Terms. Such verification will be
conducted in a manner that minimizes disruption to Licensee's business, and may
be conducted on Licensee's premises, during normal business hours. IBM may use
an independent auditor to assist with such verification, provided IBM has a
written confidentiality agreement in place with such auditor.
-
-11.2 Resolution
-
-IBM will notify Licensee in writing if any such verification indicates that
Licensee has used any Program in excess of its Authorized Use or is otherwise
not in compliance with the IPLA Program Terms. Licensee agrees to promptly pay
directly to IBM the charges that IBM specifies in an invoice for 1) any such
excess use, 2) support for such excess use for the lesser of the duration of
such excess use or two years, and 3) any additional charges and other
liabilities determined as a result of such verification.
-
-12. Third Party Notices
-
-The Program may include third party code that IBM, not the third party,
licenses to Licensee under this Agreement. Notices, if any, for the third party
code ("Third Party Notices") are included for Licensee's information only.
These notices can be found in the Program's NOTICES file(s). Information on how
to obtain source code for certain third party code can be found in the Third
Party Notices. If in the Third Party Notices IBM identifies third party code as
"Modifiable Third Party Code," IBM authorizes Licensee to 1) modify the
Modifiable Third Party Code and 2) reverse engineer the Program modules that
directly interface with the Modifiable Third Party Code provided that it is
only for the purpose of debugging Licensee's modifications to such third party
code. IBM's service and support obligations, if any, apply only to the
unmodified Program.
-
-13. General
-
-a. Nothing in this Agreement affects any statutory rights of consumers that
cannot be waived or limited by contract.
-
-b. For Programs IBM provides to Licensee in tangible form, IBM fulfills its
shipping and delivery obligations upon the delivery of such Programs to the
IBM-designated carrier, unless otherwise agreed to in writing by Licensee and
IBM.
-
-c. If any provision of this Agreement is held to be invalid or unenforceable,
the remaining provisions of this Agreement remain in full force and effect.
-
-d. Licensee agrees to comply with all applicable export and import laws and
regulations, including U.S. embargo and sanctions regulations and prohibitions
on export for certain end uses or to certain users.
-
-e. Licensee authorizes International Business Machines Corporation and its
subsidiaries (and their successors and assigns, contractors and IBM Business
Partners) to store and use Licensee's business contact information wherever
they do business, in connection with IBM products and services, or in
furtherance of IBM's business relationship with Licensee.
-
-f. Each party will allow the other reasonable opportunity to comply before it
claims that the other has not met its obligations under this Agreement. The
parties will attempt in good faith to resolve all disputes, disagreements, or
claims between the parties relating to this Agreement.
-
-g. Unless otherwise required by applicable law without the possibility of
contractual waiver or limitation: 1) neither party will bring a legal action,
regardless of form, for any claim arising out of or related to this Agreement
more than two years after the cause of action arose; and 2) upon the expiration
of such time limit, any such claim and all respective rights related to the
claim lapse.
-
-h. Neither Licensee nor IBM is responsible for failure to fulfill any
obligations due to causes beyond its control.
-
-i. No right or cause of action for any third party is created by this
Agreement, nor is IBM responsible for any third party claims against Licensee,
except as permitted in Subsection 10.1 (Items for Which IBM May Be Liable)
above for bodily injury (including death) or damage to real or tangible
personal property for which IBM is legally liable to that third party.
-
-j. In entering into this Agreement, neither party is relying on any
representation not specified in this Agreement, including but not limited to
any representation concerning: 1) the performance or function of the Program,
other than as expressly warranted in Section 8 (Warranty and Exclusions) above;
2) the experiences or recommendations of other parties; or 3) any results or
savings that Licensee may achieve.
-
-k. IBM has signed agreements with certain organizations (called "IBM Business
Partners") to promote, market, and support certain Programs. IBM Business
Partners remain independent and separate from IBM. IBM is not responsible for
the actions or statements of IBM Business Partners or obligations they have to
Licensee.
-
-l. The license and intellectual property indemnification terms of Licensee's
other agreements with IBM (such as the IBM Customer Agreement) do not apply to
Program licenses granted under this Agreement.
-
-14. Geographic Scope and Governing Law
-
-14.1 Governing Law
-
-Both parties agree to the application of the laws of the country in which
Licensee obtained the Program license to govern, interpret, and enforce all of
Licensee's and IBM's respective 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.
-
-14.2 Jurisdiction
-
-All rights, duties, and obligations are subject to the courts of the country
in which Licensee obtained the Program license.
-
-Part 2 - Country-unique Terms
-
-For licenses granted in the countries specified below, the following terms
replace or modify the referenced terms in Part 1. All terms in Part 1 that are
not changed by these amendments remain unchanged and in effect. This Part 2 is
organized as follows:
-
-- Multiple country amendments to Part 1, Section 14 (Governing Law and
Jurisdiction);
-
-- Americas country amendments to other Agreement terms;
-
-- Asia Pacific country amendments to other Agreement terms; and
-
-- Europe, Middle East, and Africa country amendments to other Agreement terms.
-
-Multiple country amendments to Part 1, Section 14 (Governing Law and
Jurisdiction)
-
-14.1 Governing Law
-
-The phrase "the laws of the country in which Licensee obtained the Program
license" in the first paragraph of 14.1 Governing Law is replaced by the
following phrases in the countries below:
-
-AMERICAS
-
-(1) in Canada: the laws in the Province of Ontario;
-
-(2) in Mexico: the federal laws of the Republic of Mexico;
-
-(3) in the United States, Anguilla, Antigua/Barbuda, Aruba, British Virgin
Islands, Cayman Islands, Dominica, Grenada, Guyana, Saint Kitts and Nevis,
Saint Lucia, Saint Maarten, and Saint Vincent and the Grenadines: the laws of
the State of New York, United States;
-
-(4) in Venezuela: the laws of the Bolivarian Republic of Venezuela;
-
-ASIA PACIFIC
-
-(5) in Cambodia and Laos: the laws of the State of New York, United States;
-
-(6) in Australia: the laws of the State or Territory in which the transaction
is performed;
-
-(7) in Hong Kong SAR and Macau SAR: the laws of Hong Kong Special
Administrative Region ("SAR");
-
-(8) in Taiwan: the laws of Taiwan
-
-EUROPE, MIDDLE EAST, AND AFRICA
-
-(9) in Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria,
Croatia, Former Yugoslav Republic of Macedonia, Georgia, Hungary, Kazakhstan,
Kyrgyzstan, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia,
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan: the laws of Austria;
-
-(10) in Algeria, Andorra, 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 and Futuna: the laws of France;
-
-(11) in Estonia, Latvia, and Lithuania: the laws of Finland;
-
-(12) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana,
Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman,
Pakistan, Qatar, Rwanda, Sao Tome and Principe, Saudi Arabia, Sierra Leone,
Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West
Bank/Gaza, Yemen, Zambia, and Zimbabwe: the laws of England; and
-
-(13) in South Africa, Namibia, Lesotho, and Swaziland: the laws of the
Republic of South Africa.
-
-14.2 Jurisdiction
-
-The following paragraph pertains to jurisdiction and replaces Subsection 14.2
(Jurisdiction) as it applies for those countries identified in bold below:
-
-All rights, duties, and obligations are subject to the courts of the country
in which Licensee obtained the Program license except that in the countries
identified below all disputes arising out of or related to this Agreement,
including summary proceedings, will be brought before and subject to the
exclusive jurisdiction of the following courts of competent jurisdiction:
-
-AMERICAS
-
-(1) in Argentina: the Ordinary Commercial Court of the city of Buenos Aires,
-
-(2) in Brazil: the court of Rio de Janeiro, RJ;
-
-(3) in Chile: the Civil Courts of Justice of Santiago;
-
-(4) in Ecuador: the civil judges of Quito for executory or summary proceedings
(as applicable);
-
-(5) in Mexico: the courts located in Mexico City, Federal District;
-
-(6) in Peru: the judges and tribunals of the judicial district of Lima,
Cercado;
-
-(7) in Uruguay: the courts of the city of Montevideo;
-
-(8) in Venezuela: the courts of the metropolitan area of the city of Caracas;
-
-EUROPE, MIDDLE EAST, AND AFRICA
-
-(9) in Austria: the court of law in Vienna, Austria (Inner-City);
-
-(10) in Algeria, Andorra, Benin, Burkina Faso, Cameroon, Cape Verde, Central
African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic
of Congo, Equatorial Guinea, France, French Guiana, French Polynesia, Gabon,
Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali,
Mauritania, Mauritius, Mayotte, Monaco, Morocco, New Caledonia, Niger, Reunion,
Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis and Futuna: the
Commercial Court of Paris;
-
-(11) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana,
Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman,
Pakistan, Qatar, Rwanda, Sao Tome and Principe, Saudi Arabia, Sierra Leone,
Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West
Bank/Gaza, Yemen, Zambia, and Zimbabwe: the English courts;
-
-(12) in South Africa, Namibia, Lesotho, and Swaziland: the High Court in
Johannesburg;
-
-(13) in Greece: the competent court of Athens;
-
-(14) in Israel: the courts of Tel Aviv-Jaffa;
-
-(15) in Italy: the courts of Milan;
-
-(16) in Portugal: the courts of Lisbon;
-
-(17) in Spain: the courts of Madrid; and
-
-(18) in Turkey: the Istanbul Central Courts and Execution Directorates of
Istanbul, the Republic of Turkey.
-
-14.3 Arbitration
-
-The following paragraph is added as a new Subsection 14.3 (Arbitration) as it
applies for those countries identified in bold below. The provisions of this
Subsection 14.3 prevail over those of Subsection 14.2 (Jurisdiction) to the
extent permitted by the applicable governing law and rules of procedure:
-
-ASIA PACIFIC
-
-(1) In Cambodia, India, Indonesia, Laos, Philippines, and Vietnam:
-
-Disputes arising out of or in connection with this Agreement will be finally
settled by arbitration which will be held in Singapore in accordance with the
Arbitration Rules of Singapore International Arbitration Center ("SIAC Rules")
then in effect. The arbitration award will be final and binding for the parties
without appeal and will be in writing and set forth the findings of fact and
the conclusions of law.
-
-The number of arbitrators will be three, with each side to the dispute being
entitled to appoint one arbitrator. The two arbitrators appointed by the
parties will appoint a third arbitrator who will act as chairman of the
proceedings. Vacancies in the post of chairman will be filled by the president
of the SIAC. Other vacancies will be filled by the respective nominating party.
Proceedings will 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 will be the sole arbitrator, provided that the arbitrator was
validly and properly appointed. All proceedings will 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.
-
-(2) In the People's Republic of China:
-
-In case no settlement can be reached, the disputes will be submitted to China
International Economic and Trade Arbitration Commission for arbitration
according to the then effective rules of the said Arbitration Commission. The
arbitration will take place in Beijing and be conducted in Chinese. The
arbitration award will be final and binding on both parties. During the course
of arbitration, this agreement will continue to be performed except for the
part which the parties are disputing and which is undergoing arbitration.
-
-EUROPE, MIDDLE EAST, AND AFRICA
-
-(3) In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria,
Croatia, Former Yugoslav Republic of Macedonia, Georgia, Hungary, Kazakhstan,
Kyrgyzstan, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia,
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan:
-
-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.
-
-(4) 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.
-
-AMERICAS COUNTRY AMENDMENTS
-
-CANADA
-
-10.1 Items for Which IBM May be Liable
-
-The following replaces Item 1 in the first paragraph of this Subsection 10.1
(Items for Which IBM May be Liable):
-
-1) damages for bodily injury (including death) and physical harm to real
property and tangible personal property caused by IBM's negligence; and
-
-13. General
-
-The following replaces Item 13.d:
-
-d. Licensee agrees to comply with all applicable export and import laws and
regulations, including those of that apply to goods of United States origin and
that prohibit or limit export for certain uses or to certain users.
-
-The following replaces Item 13.i:
-
-i. No right or cause of action for any third party is created by this
Agreement or any transaction under it, nor is IBM responsible for any third
party claims against Licensee 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 to that third party.
-
-The following is added as Item 13.m:
-
-m. For purposes of this Item 13.m, "Personal Data" refers to information
relating to an identified or identifiable individual made available by one of
the parties, its personnel or any other individual to the other in connection
with this Agreement. The following provisions apply in the event that one party
makes Personal Data available to the other:
-
-(1) General
-
-(a) Each party is responsible for complying with any obligations applying to
it under applicable Canadian data privacy laws and regulations ("Laws").
-
-(b) Neither party will request Personal Data beyond what is necessary to
fulfill the purpose(s) for which it is requested. The purpose(s) for requesting
Personal Data must be reasonable. Each party will agree in advance as to the
type of Personal Data that is required to be made available.
-
-(2) Security Safeguards
-
-(a) Each party acknowledges that it is solely responsible for determining and
communicating to the other the appropriate technological, physical and
organizational security measures required to protect Personal Data.
-
-(b) Each party will ensure that Personal Data is protected in accordance with
the security safeguards communicated and agreed to by the other.
-
-(c) Each party will ensure that any third party to whom Personal Data is
transferred is bound by the applicable terms of this section.
-
-(d) Additional or different services required to comply with the Laws will be
deemed a request for new services.
-
-(3) Use
-
-Each party agrees that Personal Data will only be used, accessed, managed,
transferred, disclosed to third parties or otherwise processed to fulfill the
purpose(s) for which it was made available.
-
-(4) Access Requests
-
-(a) Each party agrees to reasonably cooperate with the other in connection
with requests to access or amend Personal Data.
-
-(b) Each party agrees to reimburse the other for any reasonable charges
incurred in providing each other assistance.
-
-(c) Each party agrees to amend Personal Data only upon receiving instructions
to do so from the other party or its personnel.
-
-(5) Retention
-
-Each party will promptly return to the other or destroy all Personal Data that
is no longer necessary to fulfill the purpose(s) for which it was made
available, unless otherwise instructed by the other or its personnel or
required by law.
-
-(6) Public Bodies Who Are Subject to Public Sector Privacy Legislation
-
-For Customers who are public bodies subject to public sector privacy
legislation, this Item 13.m applies only to Personal Data made available to
Customer in connection with this Agreement, and the obligations in this section
apply only to Customer, except that: 1) section (2)(a) applies only to IBM; 2)
sections (1)(a) and (4)(a) apply to both parties; and 3) section (4)(b) and the
last sentence in (1)(b) do not apply.
-
-PERU
-
-10. Limitation of Liability
-
-The following is added to the end of this Section 10 (Limitation of Liability):
-
-Except as expressly required by law without the possibility of contractual
waiver, Licensee and IBM intend that the limitation of liability in this
Limitation of Liability section applies to damages caused by all types of
claims and causes of action. If any limitation on or exclusion from liability
in this section is held by a court of competent jurisdiction to be
unenforceable with respect to a particular claim or cause of action, the
parties intend that it nonetheless apply to the maximum extent permitted by
applicable law to all other claims and causes of action.
-
-10.1 Items for Which IBM May be Liable
-
-The following is added at the end of this Subsection 10.1:
-
-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:
-
-5. Taxes
-
-The following is added at the end of this Section 5 (Taxes)
-
-For Programs delivered electronically in the United States for which Licensee
claims a state sales and use tax exemption, Licensee agrees not to receive any
tangible personal property (e.g., media and publications) associated with the
electronic program.
-
-Licensee agrees to be responsible for any sales and use tax liabilities that
may arise as a result of Licensee's subsequent redistribution of Programs after
delivery by IBM.
-
-13. General
-
-The following is added to Section 13 as Item 13.m:
-
-U.S. Government Users Restricted Rights - Use, duplication or disclosure is
restricted by the GSA IT Schedule 70 Contract with the IBM Corporation.
-
-The following is added to Item 13.f:
-
-Each party waives any right to a jury trial in any proceeding arising out of
or related to this Agreement.
-
-ASIA PACIFIC COUNTRY AMENDMENTS
-
-AUSTRALIA:
-
-5. Taxes
-
-The following sentences replace the first two sentences of Section 5 (Taxes):
-
-If any government or authority imposes a duty, tax (other than income tax),
levy, or fee, on this Agreement or on the Program itself, that is not otherwise
provided for in the amount payable, Licensee agrees to pay it when IBM invoices
Licensee. If the rate of GST changes, IBM may adjust the charge or other amount
payable to take into account that change from the date the change becomes
effective.
-
-8.1 Limited Warranty
-
-The following is added Subsection 8.1 (Limited Warranty):
-
-The warranties specified this Section are in addition to any rights Licensee
may have under the Trade Practices Act 1974 or other legislation and are only
limited to the extent permitted by the applicable legislation.
-
-10.1 Items for Which IBM May be Liable
-
-The following is added to Subsection 10.1 (Items for Which IBM Maybe Liable):
-
-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 obtained for personal, domestic or household use or
consumption, then none of the limitations in this paragraph apply.
-
-HONG KONG SAR, MACAU SAR, AND TAIWAN
-
-As applies to licenses obtained in Taiwan and the special administrative
regions, phrases throughout this Agreement containing the word "country" (for
example, "the country in which the original Licensee was granted the license"
and "the country in which Licensee obtained the Program license") are replaced
with the following:
-
-(1) In Hong Kong SAR: "Hong Kong SAR"
-
-(2) In Macau SAR: "Macau SAR" except in the Governing Law clause (Section 14.1)
-
-(3) In Taiwan: "Taiwan."
-
-INDIA
-
-10.1 Items for Which IBM May be Liable
-
-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 Licensee for the individual Program that is the subject of the claim.
-
-13. General
-
-The following replaces the terms of Item 13.g:
-
-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.
-
-INDONESIA
-
-3.3 Term and Termination
-
-The following is added to the last paragraph:
-
-Both parties waive the provision of article 1266 of the Indonesian Civil Code,
to the extent the article provision requires such court decree for the
termination of an agreement creating mutual obligations.
-
-JAPAN
-
-13. General
-
-The following is inserted after Item 13.f:
-
-Any doubts concerning this Agreement will be initially resolved between us in
good faith and in accordance with the principle of mutual trust.
-
-MALAYSIA
-
-10.2 Items for Which IBM Is not Liable
-
-The word "SPECIAL" in Item 10.2b is deleted.
-
-NEW ZEALAND
-
-8.1 Limited Warranty
-
-The following is added:
-
-The warranties specified in this Section are in addition to any rights
Licensee 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 Licensee requires the
goods for the purposes of a business as defined in that Act.
-
-10. Limitation of Liability
-
-The following is added:
-
-Where Programs are not obtained 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
-
-4. Charges
-
-The following is added:
-
-All banking charges incurred in the People's Republic of China will be borne
by Licensee and those incurred outside the People's Republic of China will be
borne by IBM.
-
-PHILIPPINES
-
-10.2 Items for Which IBM Is not Liable
-
-The following replaces the terms of Item 10.2b:
-
-b. special (including nominal and exemplary damages), moral, incidental, or
indirect damages or for any economic consequential damages; or
-
-SINGAPORE
-
-10.2 Items for Which IBM Is not Liable
-
-The words "SPECIAL" and "ECONOMIC" are deleted from Item 10.2b.
-
-13. General
-
-The following replaces the terms of Item 13.i:
-
-Subject to the rights provided to IBM's suppliers and Program developers as
provided in Section 10 above (Limitation of Liability), a person who is not a
party to this Agreement will have no right under the Contracts (Right of Third
Parties) Act to enforce any of its terms.
-
-TAIWAN
-
-8.1 Limited Warranty
-
-The last paragraph is deleted.
-
-10.1 Items for Which IBM May Be Liable
-
-The following sentences are deleted
-
-This limit also applies to any of IBM's subcontractors and Program developers.
It is the maximum for which IBM and its subcontractors and Program developers
are collectively responsible.
-
-EUROPE, MIDDLE EAST, AFRICA (EMEA) COUNTRY AMENDMENTS
-
-EUROPEAN UNION MEMBER STATES
-
-8. Warranty and Exclusions
-
-The following is added to Section 8 (Warranty and Exclusion):
-
-In the European Union ("EU"), consumers have legal rights under applicable
national legislation governing the sale of consumer goods. Such rights are not
affected by the provisions set out in this Section 8 Warranty and Exclusions.
The territorial scope of the Limited Warranty is worldwide.
-
-EU MEMBER STATES AND THE COUNTRIES IDENTIFIED BELOW
-
-Iceland, Liechtenstein, Norway, Switzerland, Turkey, and any other European
country that has enacted local data privacy or protection legislation similar
to the EU model.
-
-13. General
-
-The following replaces Item 13.e:
-
-(1) Definitions - For the purposes of this Item 13.e, the following additional
definitions apply:
-
-(a) Business Contact Information - business-related contact information
disclosed by Licensee to IBM, including names, job titles, business addresses,
telephone numbers and email addresses of Licensee's employees and contractors.
For Austria, Italy and Switzerland, Business Contact Information also includes
information about Customer and its contractors as legal entities (for example,
Customer's revenue data and other transactional information)
-
-(b) Business Contact Personnel - Licensee employees and contractors to whom
the Business Contact Information relates.
-
-(c) Data Protection Authority - the authority established by the Data
Protection and Electronic Communications Legislation in the applicable country
or, for non-EU countries, the authority responsible for supervising the
protection of personal data in that country, or (for any of the foregoing) any
duly appointed successor entity thereto.
-
-(d) Data Protection & Electronic Communications Legislation - (i) the
applicable local legislation and regulations in force implementing the
requirements of EU Directive 95/46/EC (on the protection of individuals with
regard to the processing of personal data and on the free movement of such
data) and of EU Directive 2002/58/EC (concerning the processing of personal
data and the protection of privacy in the electronic communications sector); or
(ii) for non-EU countries, the legislation and/or regulations passed in the
applicable country relating to the protection of personal data and the
regulation of electronic communications involving personal data, including (for
any of the foregoing) any statutory replacement or modification thereof.
-
-(e) IBM Group - International Business Machines Corporation of Armonk, New
York, USA, its subsidiaries, and their respective Business Partners and
subcontractors.
-
-(2) Licensee authorises IBM:
-
-(a) to process and use Business Contact Information within IBM Group in
support of Licensee including the provision of support services, and for the
purpose of furthering the business relationship between Licensee and IBM Group,
including, without limitation, contacting Business Contact Personnel (by email
or otherwise) and marketing IBM Group products and services (the "Specified
Purpose"); and
-
-(b) to disclose Business Contact Information to other members of IBM Group in
pursuit of the Specified Purpose only.
-
-(3) IBM agrees that all Business Contact Information will be processed in
accordance with the Data Protection & Electronic Communications Legislation and
will be used only for the Specified Purpose.
-
-(4) To the extent required by the Data Protection & Electronic Communications
Legislation, Licensee represents that (a) it has obtained (or will obtain) any
consents from (and has issued (or will issue) any notices to) the Business
Contact Personnel as are necessary in order to enable IBM Group to process and
use the Business Contact Information for the Specified Purpose.
-
-(5) Licensee authorises IBM to transfer Business Contact Information outside
the European Economic Area, provided that the transfer is made on contractual
terms approved by the Data Protection Authority or the transfer is otherwise
permitted under the Data Protection & Electronic Communications Legislation.
-
-AUSTRIA
-
-8.2 Exclusions
-
-The following is deleted from the first paragraph:
-
-MERCHANTABILITY, SATISFACTORY QUALITY
-
-10. Limitation of Liability
-
-The following is added:
-
-The following limitations and exclusions of IBM's liability do not apply for
damages caused by gross negligence or willful misconduct.
-
-10.1 Items for Which IBM May Be Liable
-
-The following replaces the first sentence in the first paragraph:
-
-Circumstances may arise where, because of a default by IBM in the performance
of its obligations under this Agreement or other liability, Licensee is
entitled to recover damages from IBM.
-
-In the second sentence of the first paragraph, delete entirely the
parenthetical phrase:
-
-"(including fundamental breach, negligence, misrepresentation, or other
contract or tort claim)".
-
-10.2 Items for Which IBM Is Not Liable
-
-The following replaces Item 10.2b:
-
-b. indirect damages or consequential damages; or
-
-BELGIUM, FRANCE, ITALY, AND LUXEMBOURG
-
-10. Limitation of Liability
-
-The following replaces the terms of Section 10 (Limitation of Liability) in
its entirety:
-
-Except as otherwise provided by mandatory law:
-
-10.1 Items for Which IBM May Be Liable
-
-IBM's entire liability for all claims in the aggregate 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 (if the Program is subject to fixed term
charges, up to twelve months' charges) Licensee paid for the Program that has
caused the damages.
-
-The above limitation will not apply to damages for bodily injuries (including
death) and damages to real property and tangible personal property for which
IBM is legally liable.
-
-10.2 Items for Which IBM Is Not Liable
-
-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, EXEMPLARY OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC
CONSEQUENTIAL DAMAGES; AND / OR 3) LOST PROFITS, BUSINESS, REVENUE, GOODWILL,
OR ANTICIPATED SAVINGS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE
EVENT THAT GENERATED THE DAMAGES.
-
-10.3 Suppliers and Program Developers
-
-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.
-
-GERMANY
-
-8.1 Limited Warranty
-
-The following is inserted at the beginning of Section 8.1:
-
-The Warranty Period is twelve months from the date of delivery of the Program
to the original Licensee.
-
-8.2 Exclusions
-
-Section 8.2 is deleted in its entirety and replaced with the following:
-
-Section 8.1 defines IBM's entire warranty obligations to Licensee except as
otherwise required by applicable statutory law.
-
-10. Limitation of Liability
-
-The following replaces the Limitation of Liability section in its entirety:
-
-a. IBM will be liable without limit for 1) loss or damage caused by a breach
of an express guarantee; 2) damages or losses resulting in bodily injury
(including death); and 3) damages caused intentionally or by gross negligence.
-
-b. In the event of loss, damage and frustrated expenditures caused by slight
negligence or in breach of essential contractual obligations, IBM will be
liable, regardless of the basis on which Licensee is entitled to claim damages
from IBM (including fundamental breach, negligence, misrepresentation, or other
contract or tort claim), per claim only up to the greater of 500,000 euro or
the charges (if the Program is subject to fixed term charges, up to 12 months'
charges) Licensee paid for the Program that caused the loss or damage. A number
of defaults which together result in, or contribute to, substantially the same
loss or damage will be treated as one default.
-
-c. In the event of loss, damage and frustrated expenditures caused by slight
negligence, IBM will not be liable for indirect or consequential damages, even
if IBM was informed about the possibility of such loss or damage.
-
-d. In case of delay on IBM's part: 1) IBM will pay to Licensee an amount not
exceeding the loss or damage caused by IBM's delay and 2) IBM will be liable
only in respect of the resulting damages that Licensee suffers, subject to the
provisions of Items a and b above.
-
-13. General
-
-The following replaces the provisions of 13.g:
-
-Any claims resulting from this Agreement are subject to a limitation period of
three years, except as stated in Section 8.1 (Limited Warranty) of this
Agreement.
-
-The following replaces the provisions of 13.i:
-
-No right or cause of action for any third party is created by this Agreement,
nor is IBM responsible for any third party claims against Licensee, except (to
the extent permitted in Section 10 (Limitation of Liability)) for: i) bodily
injury (including death); or ii) damage to real or tangible personal property
for which (in either case) IBM is legally liable to that third party.
-
-IRELAND
-
-8.2 Exclusions
-
-The following paragraph is added:
-
-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 or 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).
-
-IRELAND AND UNITED KINGDOM
-
-2. Agreement Structure
-
-The following sentence is added:
-
-Nothing in this paragraph shall have the effect of excluding or limiting
liability for fraud.
-
-10.1 Items for Which IBM May Be Liable
-
-The following replaces the first paragraph of the Subsection:
-
-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 Licensee, whether in contract or in 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 by IBM in the performance
of its obligations under this Agreement or other liability, Licensee is
entitled to recover damages from IBM. Regardless of the basis on which Licensee
is entitled to claim damages from IBM and except as expressly required by law
without the possibility of contractual waiver, IBM's entire liability for any
one Default will not exceed the amount of any direct damages, to the extent
actually suffered by Licensee as an immediate and direct consequence of the
default, up to the greater of (1) 500,000 euro (or the equivalent in local
currency) or (2) 125% of the charges (if the Program is subject to fixed term
charges, up to 12 months' charges) for the Program that is the subject of the
claim. Notwithstanding the foregoing, the amount of any damages for bodily
injury (including death) and damage to real property and tangible personal
property for which IBM is legally liable is not subject to such limitation.
-
-10.2 Items for Which IBM is Not Liable
-
-The following replaces Items 10.2b and 10.2c:
-
-b. special, incidental, exemplary, or indirect damages or consequential
damages; or
-
-c. wasted management time or lost profits, business, revenue, goodwill, or
anticipated savings.
-
-Z125-3301-13 (05/2009)
-
-
-NOTICE
-
-This document includes License Information documents below for multiple
Programs. Each License Information document identifies the Program(s) to which
it applies. Only those License Information documents for the Program(s) for
which Licensee has acquired entitlements apply.
-
-
-=========================
-
-
-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 Lotus Domino Messaging Client Access License 8.5.3
-Program Number: 5724Z09
-
-Supporting Programs
-
-The Program is licensed as a multi-product package and includes the Supporting
Programs identified below. Licensee is authorized to install and use such
Supporting Programs only to support Licensee's use of the Principal Program
under this Agreement and within the limits of the Proofs of Entitlement for the
Program (unless broader rights are provided elsewhere in this License
Information document). The phrase "to support Licensee's use" would include
only those uses that are necessary or otherwise directly related to a licensed
use of the Principal Program or another Supporting Program. The Supporting
Programs may not be used for any other purpose. Licensee is not authorized to
transfer or remarket the Supporting Programs separate from the Principal
Program. The terms of this Agreement may replace or modify the license terms
for the Supporting Programs. In the event of conflict, these terms supersede
the terms of the license agreement which accompanies the Supporting Programs.
When
Licensee's right to use the Program expires or terminates, Licensee must
discontinue use, destroy or promptly return all copies of the Supporting
Programs to the party from whom Licensee acquired the Program. If Licensee
downloaded the Supporting Programs, Licensee should contact the party from whom
Licensee acquired the Program. If Licensee wishes to license the Supporting
Programs for any use beyond the limits set forth above, please contact an IBM
Sales Representative or the party from whom Licensee acquired the Program to
obtain the appropriate license.
-
-The following are Supporting Programs licensed with the Program:
-IBM Connections
-IBM Lotus Expeditor
-IBM Lotus Notes Traveler
-IBM Lotus Symphony
-IBM Sametime Entry
-IBM Sametime Proxy Server
-
-
-Prohibited Components
-
-Notwithstanding any provision in the Agreement, Licensee is not authorized to
use any of the following components or functions of the Program:
-Activities (of IBM Connections)
-Blogs (of IBM Connections)
-Bookmarks (of IBM Connections)
-Communities (of IBM Connections)
-Forums (of IBM Connections)
-HomePage (of IBM Connections)
-Mobile (of IBM Connections)
-Wikis (of IBM Connections)
-
-Redistributables
-
-If the Program includes components that are Redistributable, they will be
identified in the REDIST file that accompanies the Program. In addition to the
license rights granted in the Agreement, Licensee may distribute the
Redistributables subject to the following terms:
-1) Redistribution must be in object code form only and must conform to all
directions, instruction and specifications in the Program's accompanying REDIST
or documentation;
-2) If the Program's accompanying documentation expressly allows Licensee to
modify the Redistributables, such modification must conform to all directions,
instruction and specifications in that documentation and these modifications,
if any, must be treated as Redistributables;
-3) Redistributables may be distributed only as part of Licensee's application
that was developed using the Program ("Licensee's Application") and only to
support Licensee's customers in connection with their use of Licensee's
Application. Licensee's Application must constitute significant value add such
that the Redistributables are not a substantial motivation for the acquisition
by end users of Licensee's software product;
-4) If the Redistributables include a Java Runtime Environment, Licensee must
also include other non-Java Redistributables with Licensee's Application,
unless the Application is designed to run only on general computer devices (for
example, laptops, desktops and servers) and not on handheld or other pervasive
devices (i.e., devices that contain a microprocessor but do not have computing
as their primary purpose);
-5) Licensee may not remove any copyright or notice files contained in the
Redistributables;
-6) Licensee must hold IBM, its suppliers or distributors harmless from and
against any claim arising out of the use or distribution of Licensee's
Application;
-7) Licensee may not use the same path name as the original Redistributable
files/modules;
-8) Licensee may not use IBM's, its suppliers or distributors names or
trademarks in connection with the marketing of Licensee's Application without
IBM's or that supplier's or distributor's prior written consent;
-9) IBM, its suppliers and distributors provide the Redistributables and
related documentation without obligation of support and "AS IS", WITH NO
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF
TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE AND THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
-10) Licensee is responsible for all technical assistance for Licensee's
Application and any modifications to the Redistributables; and
-11) Licensee's license agreement with the end user of Licensee's Application
must notify the end user that the Redistributables or their modifications may
not be i) used for any purpose other than to enable Licensee's Application, ii)
copied (except for backup purposes), iii) further distributed or transferred
without Licensee's Application or iv) reverse assembled, reverse compiled, or
otherwise translated except as specifically permitted by law and without the
possibility of a contractual waiver. Furthermore, Licensee's license agreement
must be at least as protective of IBM as the terms of this Agreement.
-
-Source Components and Sample Materials
-
-The Program may include some components in source code form ("Source
Components") and other materials identified as Sample Materials. Licensee may
copy and modify Source Components and Sample Materials for internal use only
provided such use is within the limits of the license rights under this
Agreement, provided however that Licensee may not alter or delete any copyright
information or notices contained in the Source Components or Sample Materials.
IBM provides the Source Components and Sample Materials without obligation of
support and "AS IS", WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING THE WARRANTY OF TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE AND THE
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
-
-For Source Components and Sample Materials listed in a Program's REDIST file,
Licensee may redistribute modified versions of those Source Components or
Sample Materials consistent with the terms of this license and any instructions
in the REDIST file.
-
-Export and Import Restrictions
-
-This Program may contain cryptography. Transfer to, or use by, users of the
Program may be prohibited or subject to export or import laws, regulations or
policies, including those of the United States Export Administration
Regulations. Licensee assumes all responsibility for complying with all
applicable laws, regulations, and policies regarding the export, import, or use
of this Program, including but not limited to, U.S. restrictions on exports or
reexports. To obtain the export classification of this Program refer to:
https://www.ibm.com/products/exporting/.
-
-Authorized User
-
-Authorized User is a unit of measure by which the Program can be licensed. An
Authorized User is a unique person who is given access to the Program. The
Program may be installed on any number of computers or servers and each
Authorized User may have simultaneous access to any number of instances of the
Program at one time. Licensee must obtain separate, dedicated entitlements for
each Authorized User given access to the Program in any manner directly or
indirectly (for example: via a multiplexing program, device, or application
server) through any means. An entitlement for an Authorized User is unique to
that Authorized User and may not be shared, nor may it be reassigned other than
for the permanent transfer of the Authorized User entitlement to another person.
-
-Program-unique Terms
-
-Multi Product Install Image
-
-The Program is provided as part of a multi-product install image. Licensee is
authorized to install and use only the Program (and its Supporting Programs, if
any) for which an valid entitlement is obtained and may not install or use any
of the other software included in the image unless Licensee has acquired
separate entitlements for that other software.
-
-Third Party Data and Services
-
-The Program may contain links to or be able to be used to access third party
data services, databases, web services, software, or other third party content
(all, "content"). Access to this content is provided "as-is", without any
warranty or guarantee on IBM's part, and can be terminated by the relevant
third party at its sole discretion at any time. Licensee may be required to
enter into a separate agreement with the third party for the access to or use
of such content. IBM is not a party to any such separate agreement and as an
express condition of this license Licensee agrees to comply with the terms of
such separate agreement. To the extent that IBM has provided any warranty in
respect of the Program, that IBM warranty does not apply to any such content.
-
-If Licensee uses the Google Desktop Search feature of the Program, Licensee
must review and agree to be bound by the Terms and Conditions set forth at
http://desktop.google.com/eula.html. If Licensee places Google Gadgets on web
pages through Licensee's use of the Program, Licensee must review and agree to
be bound by the Syndicated Google Gadgets Terms of Service for Webmasters set
forth at http://www.google.com/webmasters/gadgets/terms.html.
-
-If Licensee uses the Google Web Search feature of the Program, Licensee
acknowledges that Google, Inc., owns all right, title and interest, including
without limitation all intellectual property rights, in and to the Google Web
Search Service (including Google's search engine technology and Google brand
features, and excluding items licensed by Google from third parties), and that
Licensee does not acquire any right, title, or interest in or to the Google Web
Search Service (including Google's search engine technology and Google brand
features) by using this feature.
-
-If Licensee uses the Yahoo! Web Search feature of the Program, Licensee must
review and agree to be bound by the Terms of Service set forth at:
http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html. If Licensee uses the
Yahoo! Web Search feature of the Program in a country other the United States,
Licensee must review and agree to be bound by the Terms of Service applicable
to such country set forth at http://world.yahoo.com/.
-
-Permitted Components
-
-Notwithstanding any provision in the Agreement, Licensee is permitted to use
only the following components or functions of the identified Supporting Program:
-
-- Presence and instant messaging capabilities (of Lotus Sametime Entry), but
only with a single Sametime community (a "community" is a shared directory, or
set of directories, that lists the Authorized Users and groups within
Licensee's enterprise on one or more IBM Lotus Sametime servers that each have
access to the shared directory or set of directories) and only when utilized
within the IBM Lotus Notes client or the IBM Lotus iNotes environment.
-- Chat logging service provider interface (of Lotus Sametime Entry).
-- Plug-ins for integration with Microsoft applications (of Lotus Sametime
Entry).
-- Web chat client (of Sametime Proxy Server), but only when utilized within
the IBM Lotus iNotes environment.
-
-Licensees of IBM Lotus Domino Messaging Client Access License are authorized
to access an IBM Lotus Domino Server via:
-
-a) a standards-based (Post Office Protocol "POP" or Internet Message Access
Protocol "IMAP") client and/or Web browser, or
-
-b) IBM Lotus Notes and IBM Lotus iNotes.
-
-Licensee's authorized use of the Program includes rights to use IBM Lotus
Notes only for email, and Personal Information Manager data, for exclusive use
with the following templates that are included in or provided with the Program:
Messaging/Calendar & Scheduling, Personal Directory, Personal Journal,
Discussion, and Document Libraries, and not for any other purpose.
-
-
-D/N: L-GHUS-8EHK63
-P/N: CT64RML
-
-=========================
-
-
-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 Lotus Domino Enterprise Client Access License 8.5.3
-Program Number: 5724Z08
-
-Multi-Product Install Image
-
-The Program is provided as part of a multi-product install image. Licensee is
authorized to install and use only the Program (and its Supporting Programs, if
any) for which a valid entitlement is obtained and may not install or use any
of the other software included in the image unless Licensee has acquired
separate entitlements for that other software.
-
-Supporting Programs
-
-The Program is licensed as a multi-product package and includes the Supporting
Programs identified below. Licensee is authorized to install and use such
Supporting Programs only to support Licensee's use of the Principal Program
under this Agreement and within the limits of the Proofs of Entitlement for the
Program (unless broader rights are provided elsewhere in this License
Information document). The phrase "to support Licensee's use" would include
only those uses that are necessary or otherwise directly related to a licensed
use of the Principal Program or another Supporting Program. The Supporting
Programs may not be used for any other purpose. Licensee is not authorized to
transfer or remarket the Supporting Programs separate from the Principal
Program. The terms of this Agreement may replace or modify the license terms
for the Supporting Programs. In the event of conflict, these terms supersede
the terms of the license agreement which accompanies the Supporting Programs.
When
Licensee's right to use the Program expires or terminates, Licensee must
discontinue use, destroy or promptly return all copies of the Supporting
Programs to the party from whom Licensee acquired the Program. If Licensee
downloaded the Supporting Programs, Licensee should contact the party from whom
Licensee acquired the Program. If Licensee wishes to license the Supporting
Programs for any use beyond the limits set forth above, please contact an IBM
Sales Representative or the party from whom Licensee acquired the Program to
obtain the appropriate license.
-
-The following are Supporting Programs licensed with the Program:
-IBM Connections
-IBM Lotus Domino Designer
-IBM Lotus Domino Global Workbench
-IBM Lotus Expeditor
-IBM Lotus Mobile Connect Client
-IBM Lotus Notes Traveler
-IBM Lotus Symphony
-IBM Sametime Entry
-IBM Sametime Proxy Server
-
-Prohibited Components
-
-Notwithstanding any provision in the Agreement, Licensee is not authorized to
use any of the following components or functions of the Program:
-Activities (of IBM Connections)
-Blogs (of IBM Connections)
-Bookmarks (of IBM Connections)
-Communities (of IBM Connections)
-Forums (of IBM Connections)
-HomePage (of IBM Connections)
-Mobile (of IBM Connections)
-Wikis (of IBM Connections)
-
-Redistributables
-
-If the Program includes components that are Redistributable, they will be
identified in the REDIST file that accompanies the Program. In addition to the
license rights granted in the Agreement, Licensee may distribute the
Redistributables subject to the following terms:
-1) Redistribution must be in object code form only and must conform to all
directions, instruction and specifications in the Program's accompanying REDIST
or documentation;
-2) If the Program's accompanying documentation expressly allows Licensee to
modify the Redistributables, such modification must conform to all directions,
instruction and specifications in that documentation and these modifications,
if any, must be treated as Redistributables;
-3) Redistributables may be distributed only as part of Licensee's application
that was developed using the Program ("Licensee's Application") and only to
support Licensee's customers in connection with their use of Licensee's
Application. Licensee's Application must constitute significant value add such
that the Redistributables are not a substantial motivation for the acquisition
by end users of Licensee's software product;
-4) If the Redistributables include a Java Runtime Environment, Licensee must
also include other non-Java Redistributables with Licensee's Application,
unless the Application is designed to run only on general computer devices (for
example, laptops, desktops and servers) and not on handheld or other pervasive
devices (i.e., devices that contain a microprocessor but do not have computing
as their primary purpose);
-5) Licensee may not remove any copyright or notice files contained in the
Redistributables;
-6) Licensee must hold IBM, its suppliers or distributors harmless from and
against any claim arising out of the use or distribution of Licensee's
Application;
-7) Licensee may not use the same path name as the original Redistributable
files/modules;
-8) Licensee may not use IBM's, its suppliers or distributors names or
trademarks in connection with the marketing of Licensee's Application without
IBM's or that supplier's or distributor's prior written consent;
-9) IBM, its suppliers and distributors provide the Redistributables and
related documentation without obligation of support and "AS IS", WITH NO
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF
TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE AND THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
-10) Licensee is responsible for all technical assistance for Licensee's
Application and any modifications to the Redistributables; and
-11) Licensee's license agreement with the end user of Licensee's Application
must notify the end user that the Redistributables or their modifications may
not be i) used for any purpose other than to enable Licensee's Application, ii)
copied (except for backup purposes), iii) further distributed or transferred
without Licensee's Application or iv) reverse assembled, reverse compiled, or
otherwise translated except as specifically permitted by law and without the
possibility of a contractual waiver. Furthermore, Licensee's license agreement
must be at least as protective of IBM as the terms of this Agreement.
-
-Source Components and Sample Materials
-
-The Program may include some components in source code form ("Source
Components") and other materials identified as Sample Materials. Licensee may
copy and modify Source Components and Sample Materials for internal use only
provided such use is within the limits of the license rights under this
Agreement, provided however that Licensee may not alter or delete any copyright
information or notices contained in the Source Components or Sample Materials.
IBM provides the Source Components and Sample Materials without obligation of
support and "AS IS", WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING THE WARRANTY OF TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE AND THE
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
-
-For Source Components and Sample Materials listed in a Program's REDIST file,
Licensee may redistribute modified versions of those Source Components or
Sample Materials consistent with the terms of this license and any instructions
in the REDIST file.
-
-Export and Import Restrictions
-
-This Program may contain cryptography. Transfer to, or use by, users of the
Program may be prohibited or subject to export or import laws, regulations or
policies, including those of the United States Export Administration
Regulations. Licensee assumes all responsibility for complying with all
applicable laws, regulations, and policies regarding the export, import, or use
of this Program, including but not limited to, U.S. restrictions on exports or
reexports. To obtain the export classification of this Program refer to:
https://www.ibm.com/products/exporting/.
-
-Authorized User
-
-Authorized User is a unit of measure by which the Program can be licensed. An
Authorized User is a unique person who is given access to the Program. The
Program may be installed on any number of computers or servers and each
Authorized User may have simultaneous access to any number of instances of the
Program at one time. Licensee must obtain separate, dedicated entitlements for
each Authorized User given access to the Program in any manner directly or
indirectly (for example: via a multiplexing program, device, or application
server) through any means. An entitlement for an Authorized User is unique to
that Authorized User and may not be shared, nor may it be reassigned other than
for the permanent transfer of the Authorized User entitlement to another person.
-
-Program-unique Terms
-
-Third Party Data and Services
-
-The Program may contain links to or be able to be used to access third party
data services, databases, web services, software, or other third party content
(all, "content"). Access to this content is provided "as-is", without any
warranty or guarantee on IBM's part, and can be terminated by the relevant
third party at its sole discretion at any time. Licensee may be required to
enter into a separate agreement with the third party for the access to or use
of such content. IBM is not a party to any such separate agreement and as an
express condition of this license Licensee agrees to comply with the terms of
such separate agreement. To the extent that IBM has provided any warranty in
respect of the Program, that IBM warranty does not apply to any such content.
-
-If Licensee uses the Google Desktop Search feature of the Program, Licensee
must review and agree to be bound by the Terms and Conditions set forth at
http://desktop.google.com/eula.html. If Licensee places Google Gadgets on web
pages through Licensee's use of the Program, Licensee must review and agree to
be bound by the Syndicated Google Gadgets Terms of Service for Webmasters set
forth at http://www.google.com/webmasters/gadgets/terms.html.
-
-If Licensee uses the Google Web Search feature of the Program, Licensee
acknowledges that Google, Inc., owns all right, title and interest, including
without limitation all intellectual property rights, in and to the Google Web
Search Service (including Google's search engine technology and Google brand
features, and excluding items licensed by Google from third parties), and that
Licensee does not acquire any right, title, or interest in or to the Google Web
Search Service (including Google's search engine technology and Google brand
features) by using this feature.
-
-If Licensee uses the Yahoo! Web Search feature of the Program, Licensee must
review and agree to be bound by the Terms of Service set forth at:
http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html. If Licensee uses the
Yahoo! Web Search feature of the Program in a country other the United States,
Licensee must review and agree to be bound by the Terms of Service applicable
to such country set forth at http://world.yahoo.com/.
-
-Permitted Components
-
-Notwithstanding any provision in the Agreement, Licensee is permitted to use
only the following components or functions of the identified Supporting Program:
-
-- Presence and instant messaging capabilities (of Lotus Sametime Entry), but
only with a single Sametime community (a "community" is a shared directory, or
set of directories, that lists the Authorized Users and groups within
Licensee's enterprise on one or more IBM Lotus Sametime servers that each have
access to the shared directory or set of directories) and only when utilized
within the IBM Lotus Notes client or the IBM Lotus iNotes environment.
-
-- Chat logging service provider interface (of Lotus Sametime Entry).
-
-- Plug-ins for integration with Microsoft applications (of Lotus Sametime
Entry).
-
-- Web chat client (of Sametime Proxy Server), but only when utilized within
the IBM Lotus iNotes environment.
-
-Licensees of the Program are authorized to access an IBM Lotus Domino Server
via:
-
-a) a standards-based (Post Office Protocol "POP" or Internet Message Access
Protocol "IMAP") client and/or Web browser, or
-
-b) IBM Lotus Notes and IBM Lotus iNotes.
-
-
-D/N: L-GHUS-8EHKAB
-P/N: CT64SML
-
-=========================
-
-
-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 Lotus Domino Designer 8.5.3
-Program Number: 5724Z08
-
-Multi-Product Install Image
-
-The Program is provided as part of a multi-product install image. Licensee is
authorized to install and use only the Program (and its Supporting Programs, if
any) for which a valid entitlement is obtained and may not install or use any
of the other software included in the image unless Licensee has acquired
separate entitlements for that other software.
-
-Limited Use Program
-
-This Program is supplied only for use with Named Program(s) identified below
or their successors. Licensee is prohibited from using this Program in
connection with any other software.
-
-Named Program(s):
-IBM Lotus Domino Enterprise Client Access License
-
-Export and Import Restrictions
-
-This Program may contain cryptography. Transfer to, or use by, users of the
Program may be prohibited or subject to export or import laws, regulations or
policies, including those of the United States Export Administration
Regulations. Licensee assumes all responsibility for complying with all
applicable laws, regulations, and policies regarding the export, import, or use
of this Program, including but not limited to, U.S. restrictions on exports or
reexports. To obtain the export classification of this Program refer to:
https://www.ibm.com/products/exporting/.
-
-Program-unique Terms
-
-Multi Product Install Image
-
-The Program is provided as part of a multi-product install image. Licensee is
authorized to install and use only the Program (and its Supporting Programs, if
any) for which an valid entitlement is obtained and may not install or use any
of the other software included in the image unless Licensee has acquired
separate entitlements for that other software.
-
-Third Party Data and Services
-
-The Program may contain links to or be used to access third party data
services, databases, web services, software, or other third party content (all,
"content"). Access to this content is provided "AS-IS", WITH NO WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF TITLE, NON-INFRINGEMENT
OR NON-INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, on IBM's part, and can be
terminated by the relevant third parties at their sole discretion at any time.
Licensee may be required to enter into separate agreements with the third
parties for the access to or use of such content. IBM is not a party to any
such separate agreements and as an express condition of this license Licensee
agrees to comply with the terms of such separate agreements.
-
-If Licensee uses the Google Desktop Search feature of the Program, Licensee
must review and agree to be bound by the Terms and Conditions set forth at
http://desktop.google.com/eula.html. If Licensee places Google Gadgets on web
pages through Licensee's use of the Program, Licensee must review and agree to
be bound by the Syndicated Google Gadgets Terms of Service for Webmasters set
forth at http://www.google.com/webmasters/gadgets/terms.html.
-
-If Licensee uses the Google Web Search feature of the Program, Licensee
acknowledges that Google, Inc., owns all right, title and interest, including
without limitation all intellectual property rights, in and to the Google Web
Search Service (including Google's search engine technology and Google brand
features, and excluding items licensed by Google from third parties), and that
Licensee does not acquire any right, title, or interest in or to the Google Web
Search Service (including Google's search engine technology and Google brand
features) by using this feature.
-
-If Licensee uses the Yahoo! Web Search feature of the Program, Licensee must
review and agree to be bound by the Terms of Service set forth at:
http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html. If Licensee uses the
Yahoo! Web Search feature of the Program in a country other the United States,
Licensee must review and agree to be bound by the Terms of Service applicable
to such country set forth at http://world.yahoo.com/.
-
-Licensee's authorized use of the Program includes the right to create or
modify IBM Lotus Notes applications.
-
-
-D/N: L-GHUS-8EHKDH
-P/N: CT64TML
\ No newline at end of file
