IBM PROGRAM LICENSE AGREEMENT
THE DEVICE YOU HAVE PURCHASED CONTAINS ONE OR MORE SOFTWARE PROGRAMS ("PROGRAMS") WHICH BELONG TO INTERNATIONAL BUSINESS MACHINES CORPORATION ("IBM"). THIS DOCUMENT DEFINES THE TERMS AND CON- DITIONS UNDER WHICH THE SOFTWARE IS BEING LICENSED TO YOU BY IBM. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENSE, THEN WITHIN 14 DAYS AFTER YOUR ACQUISITION OF THE DEVICE YOU MAY RETURN THE DEVICE FOR A FULL REFUND. IF YOU DO NOT SO RETURN THE DEVICE WITHIN THE 14 DAYS, THEN YOU WILL BE ASSUMED TO HAVE AGREED TO THESE TERMS AND CONDITIONS.
The Programs are licensed not sold. IBM, or the applicable IBM country organization, grants you a license for the Programs only in the country where you acquired the Programs. You obtain no rights other than those granted you under this license.
The term "Programs" means the original and all whole or partial copies of it, including modified copies or portions merged into other programs. IBM retains title to the Programs. IBM owns, or has licensed from the owner, copyrights in the Programs.
1. License
Under this license, you may use the Programs only with the device on which they are installed and transfer possession of the Programs and the device to another party.
If you transfer the Programs, you must transfer a copy of this license and any other documentation to the other party. Your license is then terminated. The other party agrees to these terms and conditions by its first use of the Program.
You may not:
1)use, copy, modify, merge, or transfer copies of the Program except as provided in this license;
2)reverse assemble or reverse compile the Program; or
3)sublicense, rent, lease, or assign the Program.
2. Limited Warranty
The Programs are provided "AS IS."
THERE ARE NO OTHER WARRANTIES COVERING THE PROGRAMS (OR CONDITIONS), EXPRESS OR IMPLIED, INCLUD- ING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PUR- POSE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
3. Limitation of Remedies
IBM’s entire liability under this license is the following;
1)For any claim (including fundamental breach), in any form, related in any way to this license, IBM’s liability will be for actual damages only and will be limited to the greater of:
a)the equivalent of U.S.$25,000 in your local currency; or
b)IBM’s then generally available license fee for the Program
This limitation will not apply to claims for bodily injury or damages to real or tangible personal property for which IBM is legally liable.
IBM will not be liable for any lost profits, lost savings, or any incidental damages or other economic consequential damages, even if IBM, or its authorized supplier, has been advised of the possibility of such damages. IBM will not be liable for any damages claimed by you based on any third party claim. This limitation of remedies also applies to any developer of Programs supplied to IBM. IBM’s and the developer’s limitations of remedies are not cumulative. Such developer is an intended beneficiary of this Section. Some jurisdictions do not allow these limitations or exclusions, so they may not apply to you.
4. General
You may terminate your license at any time. IBM may terminate your license if you fail to comply with the terms and conditions of this license. In either event, you must destroy all your copies of the Program. You are responsible for payment of any taxes, including personal property taxes, resulting from this license. Neither party may bring an action, regardless of form, more than two years after the cause of action arose. If you acquired the Program in the United States, this license is governed by the laws of the State of New York. If you acquired the Program in Canada, this license is governed by the laws of the Province of Ontario. Otherwise, this license is governed by the laws of the country in which you acquired the Program.
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