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author | Markus Rothe <corsair@gentoo.org> | 2008-02-12 18:16:57 +0000 |
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committer | Markus Rothe <corsair@gentoo.org> | 2008-02-12 18:16:57 +0000 |
commit | 3447d0e61d8e7943335915f7831a943ed3f1f8bd (patch) | |
tree | 0a93d1b8b18deec5de1ed51d7da84ccc7632c0c2 /licenses | |
parent | sparc stable wrt #208048 (diff) | |
download | gentoo-2-3447d0e61d8e7943335915f7831a943ed3f1f8bd.tar.gz gentoo-2-3447d0e61d8e7943335915f7831a943ed3f1f8bd.tar.bz2 gentoo-2-3447d0e61d8e7943335915f7831a943ed3f1f8bd.zip |
Add IBM-ILAR license for app-emulation/systemsim-cell
Diffstat (limited to 'licenses')
-rw-r--r-- | licenses/IBM-ILAR | 789 |
1 files changed, 789 insertions, 0 deletions
diff --git a/licenses/IBM-ILAR b/licenses/IBM-ILAR new file mode 100644 index 000000000000..22e97b4de817 --- /dev/null +++ b/licenses/IBM-ILAR @@ -0,0 +1,789 @@ +International License Agreement for Early Release of Programs + +Part 1 - General Terms + +BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE PROGRAM YOU AGREE +TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF +ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT +THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO +THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, + +- DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE PROGRAM; AND + +- PROMPTLY RETURN THE PROGRAM TO THE PARTY FROM WHOM YOU ACQUIRED IT. IF YOU + DOWNLOADED THE PROGRAM, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT. + +"Early Release" means that the Program is not formally released or +commercially available. The term does not imply that the Program will be +formally released or made commercially available. IBM does not warrant that +should a Program be formally released or made commercially available that it +will be similar to, or compatible with, Early Release versions. + +"IBM" is International Business Machines Corporation or one of its +subsidiaries. + +"License Information" ("LI") is a document that provides information specific +to a Program. The Program's LI is available in a file in the Program's +directory, by the use of a system command, or as a booklet which accompanies +the Program. The LI may also be found at http://www.ibm.com/software/sla/ . + +"Program" is the following, including the original and all whole or partial +copies: 1) machine-readable instructions and data, 2) components, 3) +audio-visual content (such as images, text, recordings, or pictures), 4) +related licensed materials, and 5) license use documents or keys, and +documentation. + +"You" and "Your" refer either to an individual person or to a single legal +entity. + +This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms +(if any), and License Information and is the complete agreement between You +and IBM regarding the use of the Program. It replaces any prior oral or +written communications between You and IBM concerning Your use of the Program. +The terms of Part 2 and License Information may replace or modify those of +Part 1. + +1. Entitlement + +License + +The Program is owned by IBM or an IBM supplier, and is copyrighted and +licensed, not sold. + +IBM grants You a nonexclusive license to use the Program when You lawfully +acquire it. + +You may 1) use the Program only for internal evaluation or testing purposes, +and 2) make and install a reasonable number of copies, including a backup +copy, of the Program to support such use. The terms of this license apply to +each copy You make. You will reproduce all copyright notices and all other +legends of ownership on each copy, or partial copy, of the Program. + +THE PROGRAM MAY CONTAIN A DISABLING DEVICE THAT WILL PREVENT IT FROM BEING +USED AFTER THE EVALUATION PERIOD ENDS. YOU WILL NOT TAMPER WITH THIS DISABLING +DEVICE OR THE PROGRAM. YOU SHOULD TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA +THAT MIGHT RESULT WHEN THE PROGRAM CAN NO LONGER BE USED. + +You will 1) maintain a record of all copies of the Program and 2) ensure that +anyone who uses the Program (accessed either locally or remotely) does so only +for Your authorized use and complies with the terms of this Agreement. + +You may not 1) use, copy, modify or distribute the Program except as provided +in this Agreement; 2) reverse assemble, reverse compile, or otherwise +translate the Program except as specifically permitted by law without the +possibility of contractual waiver; or 3) sublicense, rent, or lease the +Program. + +The evaluation period begins when You agree to the terms of this Agreement and +ends 1) as of the duration or date specified in the License Information, 2) +when the Program automatically disables itself, or 3) when IBM makes the +program commercially available. You will destroy the Program and all copies +made of it within ten days of the end of the evaluation period. There is no +charge for the use of Program for the duration of the evaluation period. + +IBM may terminate Your license if You fail to comply with the terms of this +Agreement. If IBM does so, You must destroy all copies of the Program. + +2. Rights In Data + +You assign to IBM all right, title, and interest (including ownership of +copyright) in any data, suggestions, and written materials that 1) is related +to Your use of the Program and 2) You provide to IBM. If IBM requires it, You +will sign an appropriate document to assign such rights. Neither party will +charge the other for rights in data or any work performed as a result of this +Agreement. + +3. No Warranty + +SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE EXCLUDED, IBM MAKES NO +WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED +TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A +PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE PROGRAM OR TECHNICAL +SUPPORT, IF ANY. + +The exclusion also applies to any of IBM's Program developers and suppliers. + +Manufacturers, suppliers, or publishers of non-IBM Programs may provide their +own warranties. + +IBM does not provide technical support, unless IBM specifies otherwise. + +4. Limitation of Liability + +Circumstances may arise where, because of a default on IBM's part or other +liability, You are entitled to recover damages from IBM. In each such +instance, regardless of the basis on which You may be entitled to claim +damages from IBM, (including fundamental breach, negligence, +misrepresentation, or other contract or tort claim), IBM is liable for no more +than 1) damages for bodily injury (including death) and damage to real +property and tangible personal property and 2) the amount of any other actual +direct damages up to the charges for the Program that is the subject of the +claim. + +This limitation of liability also applies to IBM's Program developers and +suppliers. It is the maximum for which they and IBM are collectively +responsible. + +UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR +ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: + +1. LOSS OF, OR DAMAGE TO, DATA; + +2. SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL +DAMAGES; OR + +3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. + +SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR +CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO +YOU. + +5. General + +1. Nothing in this Agreement affects any statutory rights of consumers that +cannot be waived or limited by contract. + +2. In the event that any provision of this Agreement is held to be invalid or +unenforceable, the remaining provisions of this Agreement remain in full force +and effect. + +3. You may not export the Program. + +4. You agree to allow IBM to store and use Your contact information, including +names, phone numbers, and e-mail addresses, anywhere they do business. Such +information will be processed and used in connection with our business +relationship, and may be provided to contractors, Business Partners, and +assignees of IBM for uses consistent with their collective business +activities, including communicating with You (for example, for processing +orders, for promotions, and for market research). + +5. Neither You nor IBM will bring a legal action under this Agreement more +than two years after the cause of action arose unless otherwise provided by +local law without the possibility of contractual waiver or limitation. + +6. Neither You nor IBM is responsible for failure to fulfill any obligations +due to causes beyond its control. + +7. This Agreement will not create any right or cause of action for any third +party, nor will IBM be responsible for any third party claims against You +except, as permitted by the Limitation of Liability section above, for bodily +injury (including death) or damage to real or tangible personal property for +which IBM is legally liable. + +6. Governing Law, Jurisdiction, and Arbitration + +Governing Law + +Both You and IBM consent to the application of the laws of the country in +which You acquired the Program license to govern, interpret, and enforce all +of Your and IBM's rights, duties, and obligations arising from, or relating in +any manner to, the subject matter of this Agreement, without regard to +conflict of law principles. + +The United Nations Convention on Contracts for the International Sale of Goods +does not apply. + +Jurisdiction + +All of our rights, duties, and obligations are subject to the courts of the +country in which You acquired the Program license. + +Part 2 - Country-unique Terms + +AMERICAS + +ARGENTINA: Governing Law, Jurisdiction, and Arbitration (Section 6): The +following exception is added to this section: + +Any litigation arising from this Agreement will be settled exclusively by the +Ordinary Commercial Court of the city of Buenos Aires. + +BRAZIL: Governing Law, Jurisdiction, and Arbitration (Section 6): The +following exception is added to this section: + +Any litigation arising from this Agreement will be settled exclusively by the +court of Rio de Janeiro, RJ. + +CANADA: Limitation of Liability (Section 4): The following replaces item 1 in +the first paragraph of this section: + +1) damages for bodily injury (including death) and physical harm to real +property and tangible personal property caused by IBM's negligence; and + +General (Section 5): The following replaces the terms in item 7: + +7. This Agreement will not create any right or cause of action for any third +party, nor will IBM be responsible for any third party claims against You +except as permitted by the Limitation of Liability section above for bodily +injury (including death) or physical harm to real or tangible personal +property caused by IBM's negligence for which IBM is legally liable. + +Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws +of the country in which You acquired the Program license" in the Governing Law +subsection is replaced by the following: + +the laws in the Province of Ontario + +PERU: Limitation of Liability (Section 4): The following is added at the end +of this section: + +In accordance with Article 1328 of the Peruvian Civil Code, the limitations +and exclusions specified in this section will not apply to damages caused by +IBM's willful misconduct ("dolo") or gross negligence ("culpa inexcusable"). + +UNITED STATES OF AMERICA: General (Section 5): The following is added to this +section: + +U.S. Government Users Restricted Rights - Use, duplication or disclosure +restricted by the GSA ADP Schedule Contract with the IBM Corporation. + +Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws +of the country in which You acquired the Program license" in the Governing Law +subsection is replaced by the following: + +the laws of the State of New York, United States of America + +ASIA PACIFIC + +AUSTRALIA: No Warranty (Section 3): The following is added: + +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 4): The following is added: + +Where IBM is in breach of a condition or warranty implied by the Trade +Practices Act 1974, IBM's liability is limited to the repair or replacement of +the goods, or the supply of equivalent goods. Where that condition or warranty +relates to right to sell, quiet possession or clear title, or the goods are of +a kind ordinarily acquired for personal, domestic or household use or +consumption, then none of the limitations in this paragraph apply. + +Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws +of the country in which You acquired the Program license" in the Governing Law +subsection is replaced by the following: + +the laws of the State or Territory in which You acquired the Program license + +CAMBODIA, LAOS, and VIETNAM: Governing Law, Jurisdiction, and Arbitration +(Section 6): The phrase "the laws of the country in which You acquired the +Program license" in the Governing Law subsection is replaced by the following: + +the laws of the State of New York, United States of America + +The following is added to this section: + +Arbitration + +Disputes arising out of or in connection with this Agreement shall be finally +settled by arbitration which shall be held in Singapore in accordance with the +Arbitration Rules of Singapore International Arbitration Center ("SIAC Rules") +then in effect. The arbitration award shall be final and binding for the +parties without appeal and shall be in writing and set forth the findings of +fact and the conclusions of law. + +The number of arbitrators shall be three, with each side to the dispute being +entitled to appoint one arbitrator. The two arbitrators appointed by the +parties shall appoint a third arbitrator who shall act as chairman of the +proceedings. Vacancies in the post of chairman shall be filled by the +president of the SIAC. Other vacancies shall be filled by the respective +nominating party. Proceedings shall continue from the stage they were at when +the vacancy occurred. + +If one of the parties refuses or otherwise fails to appoint an arbitrator +within 30 days of the date the other party appoints its, the first appointed +arbitrator shall be the sole arbitrator, provided that the arbitrator was +validly and properly appointed. + +All proceedings shall be conducted, including all documents presented in such +proceedings, in the English language. The English language version of this +Agreement prevails over any other language version. + +HONG KONG S.A.R. and MACAU S.A.R. of China: Governing Law, Jurisdiction, and +Arbitration (Section 6): The phrase "the laws of the country in which You +acquired the Program license" in the Governing Law subsection is replaced by +the following: + +the laws of Hong Kong Special Administrative Region of China + +INDIA: Limitation of Liability (Section 4): The following replaces the terms +of items 1 and 2 of the first paragraph: + +1) liability for bodily injury (including death) or damage to real property +and tangible personal property will be limited to that caused by IBM's +negligence; and 2) as to any other actual damage arising in any situation +involving nonperformance by IBM pursuant to, or in any way related to the +subject of this Agreement, IBM's liability will be limited to the charge paid +by You for the individual Program that is the subject of the claim. + +General (Section 5): The following replaces the terms of item 5: + +If no suit or other legal action is brought, within three years after the +cause of action arose, in respect of any claim that either party may have +against the other, the rights of the concerned party in respect of such claim +will be forfeited and the other party will stand released from its obligations +in respect of such claim. + +Governing Law, Jurisdiction, and Arbitration (Section 6): The following is +added to this section: + +Arbitration + +Disputes arising out of or in connection with this Agreement shall be finally +settled by arbitration which shall be held in Bangalore, India in accordance +with the laws of India then in effect. The arbitration award shall be final +and binding for the parties without appeal and shall be in writing and set +forth the findings of fact and the conclusions of law. + +The number of arbitrators shall be three, with each side to the dispute being +entitled to appoint one arbitrator. The two arbitrators appointed by the +parties shall appoint a third arbitrator who shall act as chairman of the +proceedings. Vacancies in the post of chairman shall be filled by the +president of the Bar Council of India. Other vacancies shall be filled by the +respective nominating party. Proceedings shall continue from the stage they +were at when the vacancy occurred. + +If one of the parties refuses or otherwise fails to appoint an arbitrator +within 30 days of the date the other party appoints its, the first appointed +arbitrator shall be the sole arbitrator, provided that the arbitrator was +validly and properly appointed. + +All proceedings shall be conducted, including all documents presented in such +proceedings, in the English language. The English language version of this +Agreement prevails over any other language version. + +JAPAN: General (Section 5): The following is inserted after item 5: + +Any doubts concerning this Agreement will be initially resolved between us in +good faith and in accordance with the principle of mutual trust. + +MALAYSIA: Limitation of Liability (Section 4): The word "SPECIAL" in item 2 of +the third paragraph is deleted: + +NEW ZEALAND: No Warranty (Section 3): The following is added: + +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 which IBM provides, if You require the goods for the +purposes of a business as defined in that Act. + +Limitation of Liability (Section 4): The following is added: + +Where Programs are not acquired for the purposes of a business as defined in +the Consumer Guarantees Act 1993, the limitations in this Section are subject +to the limitations in that Act. + +PEOPLE'S REPUBLIC OF CHINA: Governing Law, Jurisdiction, and Arbitration +(Section 6): The phrase "the laws of the country in which You acquired the +Program license" in the Governing Law subsection is replaced by the following: + +the laws of the State of New York, United States of America (except when local +law requires otherwise) + +PHILIPPINES: Limitation of Liability (Section 4): The following replaces the +terms of item 2 of the third paragraph: + +2. special (including nominal and exemplary damages), moral, incidental, or +indirect damages or for any economic consequential damages; or + +Governing Law, Jurisdiction, and Arbitration (Section 6): The following is +added to this section: + +Arbitration + +Disputes arising out of or in connection with this Agreement shall be finally +settled by arbitration which shall be held in Metro Manila, Philippines in +accordance with the laws of the Philippines then in effect. The arbitration +award shall be final and binding for the parties without appeal and shall be +in writing and set forth the findings of fact and the conclusions of law. + +The number of arbitrators shall be three, with each side to the dispute being +entitled to appoint one arbitrator. The two arbitrators appointed by the +parties shall appoint a third arbitrator who shall act as chairman of the +proceedings. Vacancies in the post of chairman shall be filled by the +president of the Philippine Dispute Resolution Center, Inc. Other vacancies +shall be filled by the respective nominating party. Proceedings shall continue +from the stage they were at when the vacancy occurred. + +If one of the parties refuses or otherwise fails to appoint an arbitrator +within 30 days of the date the other party appoints its, the first appointed +arbitrator shall be the sole arbitrator, provided that the arbitrator was +validly and properly appointed. + +All proceedings shall be conducted, including all documents presented in such +proceedings, in the English language. The English language version of this +Agreement prevails over any other language version. + +SINGAPORE: Limitation of Liability (Section 4): The words "SPECIAL" and +"ECONOMIC" are deleted from item 2 of the third paragraph. + +General (Section 5): The following replaces the terms of item 7: + +Subject to the rights provided to IBM's suppliers and Program developers as +provided in Section 4 above (Limitation of Liability), a person who is not a +party to this Agreement shall have no right under the Contracts (Right of +Third Parties) Act to enforce any of its terms. + +EUROPE, MIDDLE EAST, AFRICA (EMEA) + +Rights in Data (Section 2): In EMEA, the following replaces the terms of this +section in their entirety: + +You assign to IBM all rights, title, and interest throughout the world +(including ownership of copyright) in any data, suggestions, and written +materials that 1) is related to Your use of the Program and 2) You provide to +IBM. Such assignment of rights includes, but is not limited to, assignment of +the rights to prepare and have prepared derivative works of the written +materials, and to use, have used, execute, reproduce, transmit, display, +perform, transfer, distribute and license the written materials and such +derivative works in any medium or distribution technology, and to grant others +some or all of the rights granted herein, for the duration of all such rights, +title and interest. If IBM requires it, You will sign an appropriate document +to assign such rights. Neither party will charge the other for rights in data +or any work performed as a result of this Agreement. + +No Warranty (Section 3): In the European Union, the following is added at the +beginning of this section: + +In the European Union, consumers have legal rights under applicable national +legislation governing the sale of consumer goods. Such rights are not affected +by the provisions of this Section 3. + +Limitation of Liability (Section 4): In Austria, Denmark, Finland, Greece, +Italy, Netherlands, Norway, Portugal, Spain, Sweden and Switzerland, the +following replaces the terms of this section in its entirety: + +Except as otherwise provided by mandatory law: + +1. IBM's liability for any damages and losses that may arise as a consequence +of the fulfillment of its obligations under or in connection with this +agreement or due to any other cause related to this agreement is limited to +the compensation of only those damages and losses proved and actually arising +as an immediate and direct consequence of the non-fulfillment of such +obligations (if IBM is at fault) or of such cause, for a maximum amount equal +to the charges You paid for the Program. + +The above limitation shall not apply to damages for bodily injuries (including +death) and damages to real property and tangible personal property for which +IBM is legally liable. + +2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM DEVELOPERS, LIABLE FOR +ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR +DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC +CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE +CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, +REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. + +3. The limitation and exclusion of liability herein agreed applies not only to +the activities performed by IBM but also to the activities performed by its +suppliers and Program developers, and represents the maximum amount for which +IBM as well as its suppliers and Program developers, are collectively +responsible. + +Limitation of Liability (Section 4): In France and Belgium, the following +replaces the terms of this section in its entirety: + +Except as otherwise provided by mandatory law: + +1. IBM's liability for any damages and losses that may arise as a consequence +of the fulfillment of its obligations under or in connection with this +agreement is limited to the compensation of only those damages and losses +proved and actually arising as an immediate and direct consequence of the +non-fulfillment of such obligations (if IBM is at fault), for a maximum amount +equal to the charges You paid for the Program that has caused the damages. + +The above limitation shall not apply to damages for bodily injuries (including +death) and damages to real property and tangible personal property for which +IBM is legally liable. + +2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM DEVELOPERS, LIABLE FOR +ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR +DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC +CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE +CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, +REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. + +3. The limitation and exclusion of liability herein agreed applies not only to +the activities performed by IBM but also to the activities performed by its +suppliers and Program developers, and represents the maximum amount for which +IBM as well as its suppliers and Program developers, are collectively +responsible. + +Governing Law, Jurisdiction, and Arbitration (Section 6) + +Governing Law + +The phrase "the laws of the country in which You acquired the Program license" +is replaced by: +1) "the laws of Austria" in Albania, Armenia, Azerbeijan, Belarus, +Bosnia-Herzegovina, Bulgaria, Croatia, Georgia, Hungary, Kazakhstan, +Kyrgyzstan, FYR Macedonia, Moldavia, Poland, Romania, Russia, Slovakia, +Slovenia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and FR Yugoslavia; +2) "the laws of France" in Algeria, Benin, Burkina Faso, Cameroon, Cape Verde, +Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic +Republic of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, +Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, +Mauritania, Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, +Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis & Futuna; +3) "the laws of Finland" in Estonia, Latvia, and Lithuania; +4) "the laws of England" in Angola, Bahrain, Botswana, Burundi, Egypt, +Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, +Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, +Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, the United +Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe; and +5) "the laws of South Africa" in South Africa, Namibia, Lesotho and Swaziland. + +Jurisdiction + +The following exceptions are added to this section: + +1) In Austria the choice of jurisdiction for all disputes arising out of this +Agreement and relating thereto, including its existence, will be the competent +court of law in Vienna, Austria (Inner-City); +2) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, +Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, +Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia, +Tanzania, Uganda, United Arab Emirates, West Bank/Gaza, Yemen, Zambia, and +Zimbabwe all disputes arising out of this Agreement or related to its +execution, including summary proceedings, will be submitted to the exclusive +jurisdiction of the English courts; +3) in Belgium and Luxembourg all disputes arising out of this Agreement or +related to its interpretation or its execution, the law, and the courts of the +capital city, of the country of Your registered office and/or commercial site +location only are competent; +4) in France, Algeria, Benin, Burkina Faso, Cameroon, Cape Verde, Central +African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic +of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, Gambia, +Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, +Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, +Seychelles, Togo, Tunisia, Vanuatu, and Wallis & Futuna all disputes arising +out of this Agreement or related to its violation or execution, including +summary proceedings, will be settled exclusively by the Commercial Court of +Paris; +5) in Russia all disputes arising out of or in relation to the interpretation, +the violation, the termination, the nullity of the execution of this Agreement +shall be settled by Arbitration Court of Moscow; +6) in South Africa, Namibia, Lesotho and Swaziland both of us agree to submit +all disputes relating to this Agreement to the jurisdiction of the High Court +in Johannesburg; +7) in Turkey all disputes arising out of or in connection with this Agreement +shall be resolved by the Istanbul Central (Sultanahmet) Courts and Execution +Directorates of Istanbul, the Republic of Turkey; +8) in each of the following specified countries, any legal claim arising out +of this Agreement will be brought before, and settled exclusively by, the +competent court of a) Athens for Greece, b) Tel Aviv-Jaffa for Israel, c) +Milan for Italy, d) Lisbon for Portugal, and e) Madrid for Spain; and +9) in the United Kingdom both of us agree to submit all disputes relating to +this Agreement to the jurisdiction of the English courts. + +Arbitration + +In Albania, Armenia, Azerbeijan, Belarus, Bosnia-Herzegovina, Bulgaria, +Croatia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, FYR Macedonia, Moldavia, +Poland, Romania, Russia, Slovakia, Slovenia, Tajikistan, Turkmenistan, +Ukraine, Uzbekistan, and FR Yugoslavia all disputes arising out of this +Agreement or related to its violation, termination or nullity will be finally +settled under the Rules of Arbitration and Conciliation of the International +Arbitral Center of the Federal Economic Chamber in Vienna (Vienna Rules) by +three arbitrators appointed in accordance with these rules. +The arbitration will be held in Vienna, Austria, and the official language of +the proceedings will be English. The decision of the arbitrators will be final +and binding upon both parties. Therefore, pursuant to paragraph 598 (2) of the +Austrian Code of Civil Procedure, the parties expressly waive the application +of paragraph 595 (1) figure 7 of the Code. IBM may, however, institute +proceedings in a competent court in the country of installation. + +In Estonia, Latvia and Lithuania all disputes arising in connection with this +Agreement will be finally settled in arbitration that will be held in +Helsinki, Finland in accordance with the arbitration laws of Finland then in +effect. Each party will appoint one arbitrator. The arbitrators will then +jointly appoint the chairman. If arbitrators cannot agree on the chairman, +then the Central Chamber of Commerce in Helsinki will appoint the chairman. + +AUSTRIA: General (Section 5): The following is added to item 4: + +For purposes of this clause, contact information will also include information +about You as a legal entity, for example revenue data and other transactional +information. + +GERMANY: Limitation of Liability (Section 4): The following paragraph is added +to this Section: + +The limitations and exclusions specified in this Section will not apply to +damages caused by IBM intentionally or by gross negligence. + +General (Section 5): The following replaces the terms of item 5: + +Any claims resulting from this Agreement are subject to a statute of +limitation of three years. + +HUNGARY: Limitation of Liability (Section 4): The following is added at the +end of this section: + +The limitation and exclusion specified herein shall not apply to liability for +a breach of contract damaging life, physical well-being, or health that has +been caused intentionally, by gross negligence, or by a criminal act. + +The parties accept the limitations of liability as valid provisions and state +that the Section 314.(2) of the Hungarian Civil Code applies as the +acquisition price as well as other advantages arising out of the present +Agreement balance this limitation of liability. + +IRELAND: No Warranty (Section 3): The following is added to this section: + +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 and 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). + +Limitation of Liability (Section 4): The following replaces the terms of this +section in its entirety: + +For the purposes of this section, a "Default" means any act, statement, +omission, or negligence on the part of IBM in connection with, or in relation +to, the subject matter of an Agreement in respect of which IBM is legally +liable to You whether in contract or tort. A number of Defaults which together +result in, or contribute to, substantially the same loss or damage will be +treated as one Default occurring on the date of occurrence of the last such +Default. + +Circumstances may arise where, because of a Default, You are entitled to +recover damages from IBM. This section sets out the extent of IBM's liability +and Your sole remedy. + +1. IBM will accept unlimited liability for (a) death or personal injury caused +by the negligence of IBM, and (b) subject always to the Items for Which IBM is +Not Liable below, for physical damage to Your tangible property resulting from +the negligence of IBM. + +2. Except as provided in item 1 above, IBM's entire liability for actual +damages for any one Default will not in any event exceed the greater of 1) EUR +125,000, or 2) 125% of the amount You paid for the Program directly relating +to the Default. These limits also apply to any of IBM's suppliers and Program +developers. They state the maximum for which IBM and such suppliers and +Program developers are collectively responsible. + +Items for Which IBM is Not Liable + +Save with respect to any liability referred to in item 1 above, under no +circumstances is IBM or any of its suppliers or Program developers liable for +any of the following, even if IBM or they were informed of the possibility of +such losses: + +1. loss of, or damage to, data; + +2. special, indirect, or consequential loss; or + +3. loss of profits, business, revenue, goodwill, or anticipated savings. + +ITALY: General (Section 5): The following is added to this section: + +IBM and Customer (hereinafter, individually, "Party") shall comply with all +the obligations of the applicable provisions of law and/or regulation on +personal data protection. Each of the Parties will indemnify and keep the +other Party harmless from any damage, claim, cost or expense incurred by the +latter, directly and or indirectly, as a consequence of an infringement of the +other Party of the mentioned provisions of law and/or regulations. + +SLOVAKIA: Limitation of Liability (Section 4): The following is added to the +end of the last paragraph: + +The limitations apply to the extent they are not prohibited under §§ 373-386 +of the Slovak Commercial Code. + +General (Section 5): The terms of item 5 are replaced with the following: + +THE PARTIES AGREE THAT, AS DEFINED BY APPLICABLE LOCAL LAW, ANY LEGAL OR OTHER +ACTION RELATED TO A BREACH OF THIS AGREEMENT MUST BE COMMENCED NO LATER THAN +FOUR YEARS FROM THE DATE ON WHICH THE CAUSE OF ACTION AROSE. + +SWITZERLAND: General (Section 5): The following is added to item 4: + +For purposes of this clause, contact information will also include information +about You as a legal entity, for example revenue data and other transactional +information. + +UNITED KINGDOM: No Warranty (Section 3): The following replaces the first +sentence in the first paragraph of this section: + +SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE EXCLUDED, IBM MAKES NO +WARRANTY OR CONDITION EITHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT +LIMITATION) THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A +PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE PROGRAM. + +Limitation of Liability (Section 4): The following replaces the terms of this +section in its entirety: + +For the purposes of this section, a "Default" means any act, statement, +omission, or negligence on the part of IBM in connection with, or in relation +to, the subject matter of an Agreement in respect of which IBM is legally +liable to You, whether in contract or tort. A number of Defaults which +together result in, or contribute to, substantially the same loss or damage +will be treated as one Default. + +Circumstances may arise where, because of a Default, You are entitled to +recover damages from IBM. This section sets out the extent of IBM's liability +and Your sole remedy. + +1. IBM will accept unlimited liability for: + +a. death or personal injury caused by the negligence of IBM; + +b. any breach of its obligations implied by Section 12 of the Sale of Goods +Act 1979 or Section 2 of the Supply of Goods and Services Act 1982, or any +statutory modification or re-enactment of either such Section; and + +c. subject always to the Items for Which IBM is Not Liable below, for physical +damage to Your tangible property resulting from the negligence of IBM. + +2. IBM's entire liability for actual damages for any one Default will not in +any event, except as provided in item 1 above, exceed the greater of 1) +£75,000, or 2) 125% of the amount You paid for the Program directly relating +to the Default. These limits also apply to IBM's suppliers and Program +developers. They state the maximum for which IBM and such suppliers and +Program developers are collectively responsible. + +Items for Which IBM is Not Liable + +Save with respect to any liability referred to in item 1 above, under no +circumstances is IBM or any of its suppliers or Program developers liable for +any of the following, even if IBM or they were informed of the possibility of +such losses: + +1. loss of, or damage to, data; + +2. special, indirect, or consequential loss; or + +3. loss of profits, business, revenue, goodwill, or anticipated savings. + +Z125-5544-02 (11/2002) + +LICENSE INFORMATION + +The Programs listed below are licensed under the following terms and +conditions in addition to those of the International License Agreement for +Early Release of Programs. + +Program Name: alphaWorks Emerging Technology +Program Number: 100608 + +Specified Operating Environment + +The Program's specifications and specified operating environment information +may be found in documentation accompanying the Program, if available, such as +a read-me file, or other information published by IBM, such as an announcement +letter. + +Evaluation Period + +The evaluation period begins on the date that you agree to the terms of this +Agreement and ends after 90 days. + + +D/N: L-APAL-5L22XX +P/N: L-APAL-5L22XX |