International License Agreement for Non-Warranted Programs

Part 1 - General Terms 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM.
IBM WILL LICENSE THE PROGRAM TO YOU ONLY IF YOU FIRST ACCEPT THE
TERMS OF THIS AGREEMENT. BY USING THE PROGRAM YOU AGREE TO THESE
TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
PROMPTLY RETURN THE UNUSED PROGRAM TO THE PARTY (EITHER IBM OR
ITS RESELLER) FROM WHOM YOU ACQUIRED IT TO RECEIVE A REFUND OF
THE AMOUNT YOU PAID. 

The Program is owned by International Business Machines
Corporation or one of its subsidiaries (IBM) or an IBM supplier,
and is copyrighted and licensed, not sold. 

The term "Program" means the original program and all whole or
partial copies of it. A Program consists of machine-readable
instructions, its components, data, audio-visual content (such
as images, text, recordings, or pictures), and related licensed
materials. 

This Agreement includes Part 1 - General Terms and Part 2 
Country unique Terms and is the complete agreement regarding the
use of this Program, and replaces any prior oral or written
communications between you and IBM. The terms of Part 2 may
replace or modify those of Part 1. 


1. License 

Use of the Program 

IBM grants you a nonexclusive license to use the Program. 

You may 1) use the Program to the extent of authorizations you
have acquired and 2) make and install copies to support the
level of use authorized, providing you reproduce the copyright
notice and any other legends of ownership on each copy, or
partial copy, of the Program. 

If you acquire this Program as a program upgrade, your
authorization to use the Program from which you upgraded is
terminated. 

You will ensure that anyone who uses the Program does so only in
compliance with the terms of this Agreement. 

You may not 1) use, copy, modify, or distribute the Program
except as provided in this Agreement; 2) reverse assemble,
reverse compile, or otherwise translate the Program except as
specifically permitted by law without the possibility of
contractual waiver; or 3) sublicense, rent, or lease the
Program. 

Transfer of Rights and Obligations 

You may transfer all your license rights and obligations under a
Proof of Entitlement for the Program to another party by
transferring the Proof of Entitlement and a copy of this
Agreement and all documentation. The transfer of your license
rights and obligations terminates your authorization to use the
Program under the Proof of Entitlement. 


2. Proof of Entitlement 

The Proof of Entitlement for this Program is evidence of your
authorization to use this Program and of your eligibility for
future upgrade program prices (if announced) and potential
special or promotional opportunities. 


3. Charges and Taxes 

IBM defines use for the Program for charging purposes and
specifies it in the Proof of Entitlement. Charges are based on
extent of use authorized. If you wish to increase the extent of
use, notify IBM or its reseller and pay any applicable charges.
IBM does not give refunds or credits for charges already due or
paid. 

If any authority imposes a duty, tax, levy or fee, excluding
those based on IBM's net income, upon the Program supplied by
IBM under this 

Agreement, then you agree to pay that amount as IBM specifies or
supply exemption documentation. 


4. No Warranty 

SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED,
IBM MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT
AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, REGARDING THE PROGRAM OR TECHNICAL SUPPORT,
IF ANY. IBM MAKES NO WARRANTY REGARDING THE CAPABILITY OF THE
PROGRAM TO CORRECTLY PROCESS, PROVIDE AND/OR RECEIVE DATE DATA
WITHIN AND BETWEEN THE 20TH AND 21ST CENTURIES. 

The exclusion also applies to any of IBM's subcontractors,
suppliers, or program developers (collectively called
"Suppliers"). 

Manufacturers, suppliers, or publishers of non-IBM Programs may
provide their own warranties. 


5. Limitation of Liability 

NEITHER IBM NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR
INDIRECT

DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST
SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC
CONSEQUENTIAL DAMAGES, EVEN IF IBM IS INFORMED OF THEIR
POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. 


6. General 

Nothing in this Agreement affects any statutory rights of
consumers that cannot be waived or limited by contract. 

IBM may terminate your license if you fail to comply with the
terms of this Agreement. If IBM does so, you must immediately
destroy the Program and all copies you made of it. 

You agree to comply with applicable export laws and regulations. 

Neither you nor IBM will bring a legal action under this
Agreement more than two years after the cause of action arose
unless otherwise provided by local law without the possibility
of contractual waiver or limitation. 

Neither you nor IBM is responsible for failure to fulfill any
obligations due to causes beyond its control. 

IBM does not provide program services or technical support,
unless IBM specifies otherwise. 

The laws of the country in which you acquire the Program govern
this Agreement, except 1) in Australia, the laws of the State or
Territory in which the transaction is performed govern this
Agreement; 2) in Albania, Armenia, Belarus, Bosnia/Herzegovina,
Bulgaria, Croatia, Czech Republic, Georgia, Hungary, Kazakhstan,
Kirghizia, Former Yugoslav Republic of Macedonia
(FYROM),Moldova, Poland, Romania, Russia, Slovak Republic,
Slovenia, Ukraine, and Federal Republic of Yugoslavia, the laws
of Austria govern this Agreement; 3) in the United Kingdom, all
disputes relating to this Agreement will be governed by English
Law and will be submitted to the exclusive jurisdiction of the
English courts; 4) in Canada, the laws in the Province of
Ontario govern this Agreement; and 5) in the United States and
Puerto Rico, and People's 

Republic of China, the laws of the State of New York govern this
Agreement. 


Part 2 - Country-unique Terms 


AUSTRALIA: 

No Warranty (Section 4): 
The following paragraph is added to this Section: 

Although IBM specifies that there are no warranties, you may
have certain rights under the Trade Practices Act 1974 or other
legislation and are only limited to the extent permitted by the
applicable legislation. 

Limitation of Liability (Section 3): 
The following paragraph is added to this Section: 

Where IBM is in breach of a condition or warranty implied by the
Trade Practices Act 1974, IBM's liability is limited to the
repair or replacement of the goods, or the supply of equivalent
goods. Where that condition or warranty relates to right to
sell, quiet possession or clear title, or the goods are of a
kind ordinarily acquired for personal, domestic or household use
or consumption, then none of the limitations in this paragraph
apply. 


GERMANY:

No Warranty (Section 4):
The following paragraphs are added to this Section:

The minimum warranty period for Programs is six months.

In case a Program is delivered without Specifications, we will
only warrant that the Program information correctly describes
the Program and that the Program can be used according to the
Program information. You have to check the usability according
to the Program information within the "money-back guaranty"
period.

Limitation of Liability (Section 5):
The following paragraph is added to this Section:

The limitations and exclusions specified in the Agreement will
not apply to damages caused by IBM with fraud or gross
negligence, and for express warranty. 


INDIA: 

General (Section 6): 
The following replaces the fourth paragraph of this Section: 

If no suit or other legal action is brought, within two 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. 


IRELAND: 

No Warranty (Section 4): 
The following paragraph is added to this Section: 

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

Services Act 1980 are hereby excluded. 


ITALY:

Limitation of Liability (Section 5):
This Section is replaced by the following:

Unless otherwise provided by mandatory law, IBM is not liable
for any damages which might arise. 


NEW ZEALAND: 

No Warranty (Section 4): 
The following paragraph is added to this Section: 

Although IBM specifies that there are no warranties, you may
have certain rights 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 or services which IBM provides, if you require the goods
and services for the purposes of a business as defined in that
Act. 

Limitation of Liability (Section 5): 
The following paragraph is added to this Section: 

Where Programs are not acquired for the purposes of a business
as defined in the Consumer Guarantees Act 1993, the limitations
in this Section are subject to the limitations in that Act. 


PEOPLE'S REPUBLIC OF CHINA:

Charges (Section 3):
The following paragraph is added to the Section:

All banking charges incurred in the People's Republic of China
will be borne by you and those incurred outside the People's
Republic of China will be borne by IBM. 


UNITED KINGDOM: 

Limitation of Liability (Section 5): 
The following paragraph is added to this Section at the end of
the first paragraph: 

The limitation of liability will not apply to any breach of
IBM's obligations implied by Section 12 of the Sales of Goods
Act 1979 or Section 2 of the Supply of Goods and Services Act
1982. 


UNITED STATES AND CANADA:

No Country-unique Terms apply.


By continuing with the installation of the Program, you are 
accepting the terms and conditions above.

