IBM TN5250 manual License Agreement, Grant, Disclaimer of Warranty, Limit of liability

Models: TN5250

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License Agreement

 

Control No. 075B

 

 

License Agreement

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE

 

USING THIS SOFTWARE (TOGETHER WITH ANY SUPPLIED DOCUMENTATION, HEREAFTER

 

“SOFTWARE”), WHICH IS COPYRIGHTED BY LICENSOR. USING THIS SOFTWARE

 

INDICATES YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS.

 

 

Grant

You may use the Software only in or in conjunction with Your hardware (Terminal). You have the right to

 

use this Software by loading it onto a computer containing the capability of transferring the Software (in

 

whole or in part) to Your Terminal. You may use the Software in this fashion as many times as is

 

necessary and as permitted by your paid-up license fees, so long a such use is always in conjunction with

 

Your Terminal. You may transfer ownership of the Terminal and equipment, including the right to use the

 

Software to another party, so long as that party agrees to accept these terms and conditions.

 

YOU MAY NOT USE, COPY, MODIFY, TRANSLATE OR TRANSFER THE SOFTWARE, OR

 

MODIFICATION THEREOF, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR

 

IN THIS LICENSE. YOU MAY NOT DECOMPILE, REVERSE ENGINEER, OR OTHERWISE

 

DECODE OR ALTER THE SOFTWARE.

 

 

Disclaimer of Warranty

The software is provided “AS IS”, and is delivered with no warranties, either express or implied.

 

LICENSOR MAKES AND YOU RECEIVE NO WARRANTIES ON THE SOFTWARE, EXPRESS,

 

IMPLIED, OR STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT TO OR

 

COMMUNICATION WITH YOU, AND LICENSOR DISCLAIMS ANY IMPLIED WARRANTIES OF

 

MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE.

 

LICENSOR DOES NOT WARRANT THAT THE FUNCITONS CONTAINED IN THE PRODUCT

 

WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION WILL BE UNINTERRUPTED

 

OR ERROR FREE.

 

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY

 

LASTS SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES

 

YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM

 

STATE TO STATE.

 

 

Limit of liability

UNDER NO CIRCUMSTANCES SHALL LICENSOR BE LIABLE FOR LOSS OF DATA, COST OF

 

COVER, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND

 

ON ANY THEORY OF LIABILITY. THESE LIMITATIONS SHALL APPLY EVEN IF LICENSOR OR

 

ITS RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND

 

NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY

 

PROVIDED HEREIN.

 

YOU AGREE THAT THESE ARE THE ONLY APPLICABLE TERMS OF AGREEMENT BETWEEN

 

US COVERING SOFTWARE AND THAT THEY SUPERSEDE ANY OTHER COMMUNICATIONS

 

(ORAL OR WRITTEN) BETWEEN US RELATING TO THE SOFTWARE.

 

 

Export Restrictions

You agree You will not export or transmit the Software to any country to which export is restricted by

 

applicable U.S. law or regulation without the written approval of the appropriate U.S. Government

 

organization.

U.S. Government Restricted Rights

The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technological Data and computer software clause at DFARS 252.227-7013 or in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 8 C.F.R. 52-227-19 as applicable.

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IBM TN5250 manual License Agreement, Grant, Disclaimer of Warranty, Limit of liability, Export Restrictions