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Add licence for ibm-jdk-bin-1.6

1 International License Agreement for Non-Warranted Programs
2
3 Part 1 - General Terms
4
5 BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE PROGRAM YOU AGREE
6 TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF
7 ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT
8 THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO
9 THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS,
10
11 - DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE PROGRAM; AND
12
13 - PROMPTLY RETURN THE PROGRAM AND PROOF OF ENTITLEMENT TO THE PARTY FROM WHOM
14 YOU ACQUIRED IT TO OBTAIN A REFUND OF THE AMOUNT YOU PAID. IF YOU DOWNLOADED THE
15 PROGRAM, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.
16
17 "IBM" is International Business Machines Corporation or one of its subsidiaries.
18
19 "License Information" ("LI") is a document that provides information specific to
20 a Program. The Program's LI is available at http://www.ibm.com/software/sla/ .
21 The LI may also be found in a file in the Program's directory, by the use of a
22 system command, or as a booklet which accompanies the Program.
23
24 "Program" is the following, including the original and all whole or partial
25 copies: 1) machine-readable instructions and data, 2) components, 3)
26 audio-visual content (such as images, text, recordings, or pictures), 4) related
27 licensed materials, and 5) license use documents or keys, and documentation.
28
29 A "Proof of Entitlement" ("PoE") is evidence of Your authorization to use a
30 Program at a specified level. That level may be measured, for example, by the
31 number of processors or users. The PoE is also evidence of Your eligibility for
32 future upgrade prices, if any, and potential special or promotional
33 opportunities. If IBM does not provide You with a PoE, then IBM may accept the
34 original paid sales receipt or other sales record from the party (either IBM or
35 its reseller) from whom You acquired the Program, provided that it specifies the
36 name of the Program and the usage level acquired.
37
38 "You" and "Your" refer either to an individual person or to a single legal
39 entity.
40
41 This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms
42 (if any), License Information, and Proof of Entitlement and is the complete
43 agreement between You and IBM regarding the use of the Program. It replaces any
44 prior oral or written communications between You and IBM concerning Your use of
45 the Program. The terms of Part 2 and License Information may replace or modify
46 those of Part 1. To the extent there is a conflict between the terms of this
47 Agreement and those of the IBM International Passport Advantage Agreement, the
48 terms of the latter agreement prevail.
49
50 1. Entitlement
51
52 License
53
54 The Program is owned by IBM or an IBM supplier, and is copyrighted and licensed,
55 not sold.
56
57 IBM grants You a nonexclusive license to use the Program when You lawfully
58 acquire it.
59
60 You may 1) use the Program up to the level of use specified in the PoE and 2)
61 make and install copies, including a backup copy, to support such use. The terms
62 of this license apply to each copy You make. You will reproduce all copyright
63 notices and all other legends of ownership on each copy, or partial copy, of the
64 Program.
65
66 If You acquire the Program as a program upgrade, after You install the upgrade
67 You may not use the Program from which You upgraded or transfer it to another
68 party.
69
70 You will ensure that anyone who uses the Program (accessed either locally or
71 remotely) does so only for Your authorized use and complies with the terms of
72 this Agreement.
73
74 You may not 1) use, copy, modify, or distribute the Program except as provided
75 in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate
76 the Program except as specifically permitted by law without the possibility of
77 contractual waiver; or 3) sublicense, rent, or lease the Program.
78
79 IBM may terminate Your license if You fail to comply with the terms of this
80 Agreement. If IBM does so, You must destroy all copies of the Program and its
81 PoE.
82
83 Money-back Guarantee
84
85 If for any reason You are dissatisfied with the Program and You are the original
86 licensee, You may obtain a refund of the amount You paid for it, if within 30
87 days of Your invoice date You return the Program and its PoE to the party from
88 whom You obtained it. If You downloaded the Program, You may contact the party
89 from whom You acquired it for instructions on how to obtain the refund.
90
91 Program Transfer
92
93 You may transfer a Program and all of Your license rights and obligations to
94 another party only if that party agrees to the terms of this Agreement. When You
95 transfer the Program, You must also transfer a copy of this Agreement, including
96 the Program's PoE. After the transfer, You may not use the Program.
97
98 2. Charges
99
100 The amount payable for a Program license is a one-time charge.
101
102 One-time charges are based on the level of use acquired which is specified in
103 the PoE. IBM does not give credits or refunds for charges already due or paid,
104 except as specified elsewhere in this Agreement.
105
106 If You wish to increase the level of use, notify IBM or the party from whom You
107 acquired it and pay any applicable charges.
108
109 If any authority imposes a duty, tax, levy or fee, excluding those based on
110 IBM's net income, upon the Program, then You agree to pay the amount specified
111 or supply exemption documentation. You are responsible for any personal property
112 taxes for the Program from the date that You acquire it.
113
114 3. No Warranty
115
116 SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, IBM MAKES NO
117 WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
118 TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
119 PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE PROGRAM OR TECHNICAL
120 SUPPORT, IF ANY.
121
122 The exclusion also applies to any of IBM's Program developers and suppliers.
123
124 Manufacturers, suppliers, or publishers of non-IBM Programs may provide their
125 own warranties.
126
127 IBM does not provide technical support, unless IBM specifies otherwise.
128
129 4. Limitation of Liability
130
131 Circumstances may arise where, because of a default on IBM's part or other
132 liability, You are entitled to recover damages from IBM. In each such instance,
133 regardless of the basis on which You may be entitled to claim damages from IBM,
134 (including fundamental breach, negligence, misrepresentation, or other contract
135 or tort claim), IBM is liable for no more than 1) damages for bodily injury
136 (including death) and damage to real property and tangible personal property and
137 2) the amount of any other actual direct damages up to the charges for the
138 Program that is the subject of the claim.
139
140 This limitation of liability also applies to IBM's Program developers and
141 suppliers. It is the maximum for which they and IBM are collectively
142 responsible.
143
144 UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR
145 ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:
146
147 1. LOSS OF, OR DAMAGE TO, DATA;
148
149 2. SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL
150 DAMAGES; OR
151
152 3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
153
154 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
155 CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
156 YOU.
157
158 5. General
159
160 1. Nothing in this Agreement affects any statutory rights of consumers that
161 cannot be waived or limited by contract.
162
163 2. In the event that any provision of this Agreement is held to be invalid or
164 unenforceable, the remaining provisions of this Agreement remain in full force
165 and effect.
166
167 3. You agree to comply with all applicable export and import laws and
168 regulations.
169
170 4. You agree to allow IBM to store and use Your contact information, including
171 names, phone numbers, and e-mail addresses, anywhere they do business. Such
172 information will be processed and used in connection with our business
173 relationship, and may be provided to contractors, Business Partners, and
174 assignees of IBM for uses consistent with their collective business activities,
175 including communicating with You (for example, for processing orders, for
176 promotions, and for market research).
177
178 5. Neither You nor IBM will bring a legal action under this Agreement more than
179 two years after the cause of action arose unless otherwise provided by local law
180 without the possibility of contractual waiver or limitation.
181
182 6. Neither You nor IBM is responsible for failure to fulfill any obligations due
183 to causes beyond its control.
184
185 7. This Agreement will not create any right or cause of action for any third
186 party, nor will IBM be responsible for any third party claims against You
187 except, as permitted by the Limitation of Liability section above, for bodily
188 injury (including death) or damage to real or tangible personal property for
189 which IBM is legally liable.
190
191 6. Governing Law, Jurisdiction, and Arbitration
192
193 Governing Law
194
195 Both You and IBM consent to the application of the laws of the country in which
196 You acquired the Program license to govern, interpret, and enforce all of Your
197 and IBM's rights, duties, and obligations arising from, or relating in any
198 manner to, the subject matter of this Agreement, without regard to conflict of
199 law principles.
200
201 The United Nations Convention on Contracts for the International Sale of Goods
202 does not apply.
203
204 Jurisdiction
205
206 All of our rights, duties, and obligations are subject to the courts of the
207 country in which You acquired the Program license.
208
209 Part 2 - Country-unique Terms
210
211 AMERICAS
212
213 ARGENTINA: Governing Law, Jurisdiction, and Arbitration (Section 6): The
214 following exception is added to this section:
215
216 Any litigation arising from this Agreement will be settled exclusively by the
217 Ordinary Commercial Court of the city of Buenos Aires.
218
219 BRAZIL: Governing Law, Jurisdiction, and Arbitration (Section 6): The following
220 exception is added to this section:
221
222 Any litigation arising from this Agreement will be settled exclusively by the
223 court of Rio de Janeiro, RJ.
224
225 CANADA: General (Section 5): The following replaces item 7:
226
227 7. This Agreement will not create any right or cause of action for any third
228 party, nor will IBM be responsible for any third party claims against You except
229 as permitted by the Limitation of Liability section above for bodily injury
230 (including death) or physical harm to real or tangible personal property caused
231 by IBM's negligence for which IBM is legally liable."
232
233 Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws
234 of the country in which You acquired the Program license" in the Governing Law
235 subsection is replaced by the following:
236
237 the laws in the Province of Ontario"
238
239 PERU: Limitation of Liability (Section 4): The following is added at the end of
240 this section:
241
242 In accordance with Article 1328 of the Peruvian Civil Code, the limitations and
243 exclusions specified in this section will not apply to damages caused by IBM's
244 willful misconduct ("dolo") or gross negligence ("culpa inexcusable").
245
246 UNITED STATES OF AMERICA: General (Section 5): The following is added to this
247 section:
248
249 U.S. Government Users Restricted Rights - Use, duplication or disclosure
250 restricted by the GSA ADP Schedule Contract with the IBM Corporation.
251
252 Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws
253 of the country in which You acquired the Program license" in the Governing Law
254 subsection is replaced by the following:
255
256 the laws of the State of New York, United States of America
257
258 ASIA PACIFIC
259
260 AUSTRALIA: No Warranty (Section 3): The following is added:
261
262 Although IBM specifies that there are no warranties, You may have certain
263 rights under the Trade Practices Act 1974 or other legislation and are only
264 limited to the extent permitted by the applicable legislation.
265
266 Limitation of Liability (Section 4): The following is added:
267
268 Where IBM is in breach of a condition or warranty implied by the Trade Practices
269 Act 1974, IBM's liability is limited to the repair or replacement of the goods,
270 or the supply of equivalent goods. Where that condition or warranty relates to
271 right to sell, quiet possession or clear title, or the goods are of a kind
272 ordinarily acquired for personal, domestic or household use or consumption, then
273 none of the limitations in this paragraph apply.
274
275 Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws
276 of the country in which You acquired the Program license" in the Governing Law
277 subsection is replaced by the following:
278
279 the laws of the State or Territory in which You acquired the Program license
280
281 CAMBODIA, LAOS, and VIETNAM: Governing Law, Jurisdiction, and Arbitration
282 (Section 6): The phrase "the laws of the country in which You acquired the
283 Program license" in the Governing Law subsection is replaced by the following:
284
285 the laws of the State of New York, United States of America
286
287 The following is added to this section:
288
289 Arbitration
290
291 Disputes arising out of or in connection with this Agreement shall be finally
292 settled by arbitration which shall be held in Singapore in accordance with the
293 Arbitration Rules of Singapore International Arbitration Center ("SIAC Rules")
294 then in effect. The arbitration award shall be final and binding for the parties
295 without appeal and shall be in writing and set forth the findings of fact and
296 the conclusions of law.
297
298 The number of arbitrators shall be three, with each side to the dispute being
299 entitled to appoint one arbitrator. The two arbitrators appointed by the parties
300 shall appoint a third arbitrator who shall act as chairman of the proceedings.
301 Vacancies in the post of chairman shall be filled by the president of the SIAC.
302 Other vacancies shall be filled by the respective nominating party. Proceedings
303 shall continue from the stage they were at when the vacancy occurred.
304
305 If one of the parties refuses or otherwise fails to appoint an arbitrator within
306 30 days of the date the other party appoints its, the first appointed arbitrator
307 shall be the sole arbitrator, provided that the arbitrator was validly and
308 properly appointed.
309
310 All proceedings shall be conducted, including all documents presented in such
311 proceedings, in the English language. The English language version of this
312 Agreement prevails over any other language version.
313
314 HONG KONG S.A.R. and MACAU S.A.R. of China: Governing Law, Jurisdiction, and
315 Arbitration (Section 6): The phrase "the laws of the country in which You
316 acquired the Program license" in the Governing Law subsection is replaced by the
317 following:
318
319 the laws of Hong Kong Special Administrative Region of China
320
321 INDIA: Limitation of Liability (Section 4): The following replaces the terms of
322 items 1 and 2 of the first paragraph:
323
324 1) liability for bodily injury (including death) or damage to real property and
325 tangible personal property will be limited to that caused by IBM's negligence;
326 and 2) as to any other actual damage arising in any situation involving
327 nonperformance by IBM pursuant to, or in any way related to the subject of this
328 Agreement, IBM's liability will be limited to the charge paid by You for the
329 individual Program that is the subject of the claim.
330
331 General (Section 5): The following replaces the terms of item 5:
332
333 If no suit or other legal action is brought, within three years after the cause
334 of action arose, in respect of any claim that either party may have against the
335 other, the rights of the concerned party in respect of such claim will be
336 forfeited and the other party will stand released from its obligations in
337 respect of such claim.
338
339 Governing Law, Jurisdiction, and Arbitration (Section 6): The following is added
340 to this section:
341
342 Arbitration
343
344 Disputes arising out of or in connection with this Agreement shall be finally
345 settled by arbitration which shall be held in Bangalore, India in accordance
346 with the laws of India then in effect. The arbitration award shall be final and
347 binding for the parties without appeal and shall be in writing and set forth the
348 findings of fact and the conclusions of law.
349
350 The number of arbitrators shall be three, with each side to the dispute being
351 entitled to appoint one arbitrator. The two arbitrators appointed by the parties
352 shall appoint a third arbitrator who shall act as chairman of the proceedings.
353 Vacancies in the post of chairman shall be filled by the president of the Bar
354 Council of India. Other vacancies shall be filled by the respective nominating
355 party. Proceedings shall continue from the stage they were at when the vacancy
356 occurred.
357
358 If one of the parties refuses or otherwise fails to appoint an arbitrator within
359 30 days of the date the other party appoints its, the first appointed arbitrator
360 shall be the sole arbitrator, provided that the arbitrator was validly and
361 properly appointed.
362
363 All proceedings shall be conducted, including all documents presented in such
364 proceedings, in the English language. The English language version of this
365 Agreement prevails over any other language version.
366
367 JAPAN: General (Section 5): The following is inserted after item 5:
368
369 Any doubts concerning this Agreement will be initially resolved between us in
370 good faith and in accordance with the principle of mutual trust.
371
372 MALAYSIA: Limitation of Liability (Section 4): The word "SPECIAL" in item 2 of
373 the third paragraph is deleted:
374
375 NEW ZEALAND: No Warranty (Section 3): The following is added:
376
377 Although IBM specifies that there are no warranties, You may have certain
378 rights under the Consumer Guarantees Act 1993 or other legislation which cannot
379 be excluded or limited. The Consumer Guarantees Act 1993 will not apply in
380 respect of any goods which IBM provides, if You require the goods for the
381 purposes of a business as defined in that Act.
382
383 Limitation of Liability (Section 4): The following is added:
384
385 Where Programs are not acquired for the purposes of a business as defined in the
386 Consumer Guarantees Act 1993, the limitations in this Section are subject to the
387 limitations in that Act.
388
389 PEOPLE'S REPUBLIC OF CHINA: Charges (Section 2): The following is added:
390
391 All banking charges incurred in the People's Republic of China will be borne by
392 You and those incurred outside the People's Republic of China will be borne by
393 IBM.
394
395 Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws
396 of the country in which You acquired the Program license" in the Governing Law
397 subsection is replaced by the following:
398
399 the laws of the State of New York, United States of America (except when local
400 law requires otherwise)
401
402 PHILIPPINES: Limitation of Liability (Section 4): The following replaces the
403 terms of item 2 of the third paragraph:
404
405 2. special (including nominal and exemplary damages), moral, incidental, or
406 indirect damages or for any economic consequential damages; or
407
408 Governing Law, Jurisdiction, and Arbitration (Section 6): The following is added
409 to this section:
410
411 Arbitration
412
413 Disputes arising out of or in connection with this Agreement shall be finally
414 settled by arbitration which shall be held in Metro Manila, Philippines in
415 accordance with the laws of the Philippines then in effect. The arbitration
416 award shall be final and binding for the parties without appeal and shall be in
417 writing and set forth the findings of fact and the conclusions of law.
418
419 The number of arbitrators shall be three, with each side to the dispute being
420 entitled to appoint one arbitrator. The two arbitrators appointed by the parties
421 shall appoint a third arbitrator who shall act as chairman of the proceedings.
422 Vacancies in the post of chairman shall be filled by the president of the
423 Philippine Dispute Resolution Center, Inc. Other vacancies shall be filled by
424 the respective nominating party. Proceedings shall continue from the stage they
425 were at when the vacancy occurred.
426
427 If one of the parties refuses or otherwise fails to appoint an arbitrator within
428 30 days of the date the other party appoints its, the first appointed arbitrator
429 shall be the sole arbitrator, provided that the arbitrator was validly and
430 properly appointed.
431
432 All proceedings shall be conducted, including all documents presented in such
433 proceedings, in the English language. The English language version of this
434 Agreement prevails over any other language version.
435
436 SINGAPORE: Limitation of Liability (Section 4): The words "SPECIAL" and
437 "ECONOMIC" are deleted from item 2 of the third paragraph.
438
439 General (Section 5): The following replaces the terms of item 7:
440
441 Subject to the rights provided to IBM's suppliers and Program developers as
442 provided in Section 4 above (Limitation of Liability), a person who is not a
443 party to this Agreement shall have no right under the Contracts (Right of Third
444 Parties) Act to enforce any of its terms.
445
446 EUROPE, MIDDLE EAST, AFRICA (EMEA)
447
448 No Warranty (Section 3): In the European Union, the following is added at the
449 beginning of this section:
450
451 In the European Union, consumers have legal rights under applicable national
452 legislation governing the sale of consumer goods. Such rights are not affected
453 by the provisions of this Section 3.
454
455 Limitation of Liability (Section 4): In Austria, Denmark, Finland, Greece,
456 Italy, Netherlands, Norway, Portugal, Spain, Sweden and Switzerland, the
457 following replaces the terms of this section in its entirety:
458
459 Except as otherwise provided by mandatory law:
460
461 1. IBM's liability for any damages and losses that may arise as a consequence of
462 the fulfillment of its obligations under or in connection with this agreement or
463 due to any other cause related to this agreement is limited to the compensation
464 of only those damages and losses proved and actually arising as an immediate and
465 direct consequence of the non-fulfillment of such obligations (if IBM is at
466 fault) or of such cause, for a maximum amount equal to the charges You paid for
467 the Program.
468
469 The above limitation shall not apply to damages for bodily injuries (including
470 death) and damages to real property and tangible personal property for which IBM
471 is legally liable.
472
473 2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM DEVELOPERS, LIABLE FOR
474 ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR
475 DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC
476 CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE
477 CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS,
478 REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
479
480 3. The limitation and exclusion of liability herein agreed applies not only to
481 the activities performed by IBM but also to the activities performed by its
482 suppliers and Program developers, and represents the maximum amount for which
483 IBM as well as its suppliers and Program developers, are collectively
484 responsible.
485
486 Limitation of Liability (Section 4): In France and Belgium, the following
487 replaces the terms of this section in its entirety:
488
489 Except as otherwise provided by mandatory law:
490
491 1. IBM's liability for any damages and losses that may arise as a consequence of
492 the fulfillment of its obligations under or in connection with this agreement is
493 limited to the compensation of only those damages and losses proved and actually
494 arising as an immediate and direct consequence of the non-fulfillment of such
495 obligations (if IBM is at fault), for a maximum amount equal to the charges You
496 paid for the Program that has caused the damages.
497
498 The above limitation shall not apply to damages for bodily injuries (including
499 death) and damages to real property and tangible personal property for which IBM
500 is legally liable.
501
502 2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM DEVELOPERS, LIABLE FOR
503 ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR
504 DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC
505 CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE
506 CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS,
507 REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
508
509 3. The limitation and exclusion of liability herein agreed applies not only to
510 the activities performed by IBM but also to the activities performed by its
511 suppliers and Program developers, and represents the maximum amount for which
512 IBM as well as its suppliers and Program developers, are collectively
513 responsible.
514
515 Governing Law, Jurisdiction, and Arbitration (Section 6)
516
517 Governing Law
518
519 The phrase "the laws of the country in which You acquired the Program license"
520 is replaced by:
521 1) "the laws of Austria" in Albania, Armenia, Azerbaijan, Belarus,
522 Bosnia-Herzegovina, Bulgaria, Croatia, Georgia, Hungary, Kazakhstan, Kyrgyzstan,
523 FYR Macedonia, Moldavia, Poland, Romania, Russia, Slovakia, Slovenia,
524 Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and FR Yugoslavia;
525 2) "the laws of France" in Algeria, Benin, Burkina Faso, Cameroon, Cape Verde,
526 Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic
527 Republic of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon,
528 Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali,
529 Mauritania, Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal,
530 Seychelles, Togo, Tunisia, Vanuatu, and Wallis & Futuna;
531 3) "the laws of Finland" in Estonia, Latvia, and Lithuania;
532 4) "the laws of England" in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea,
533 Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique,
534 Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone,
535 Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West
536 Bank/Gaza, Yemen, Zambia, and Zimbabwe; and
537 5) "the laws of South Africa" in South Africa, Namibia, Lesotho and Swaziland.
538
539 Jurisdiction
540
541 The following exceptions are added to this section:
542
543 1) In Austria the choice of jurisdiction for all disputes arising out of this
544 Agreement and relating thereto, including its existence, will be the competent
545 court of law in Vienna, Austria (Inner-City);
546 2) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana,
547 Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman,
548 Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia,
549 Tanzania, Uganda, United Arab Emirates, West Bank/Gaza, Yemen, Zambia, and
550 Zimbabwe all disputes arising out of this Agreement or related to its execution,
551 including summary proceedings, will be submitted to the exclusive jurisdiction
552 of the English courts;
553 3) in Belgium and Luxembourg, for all disputes arising out of this Agreement or
554 related to its interpretation or its execution, only the law and the courts of
555 the capital of the country in which Your registered office and/or commercial
556 office is located are competent;
557 4) in France, Algeria, Benin, Burkina Faso, Cameroon, Cape Verde, Central
558 African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic
559 of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, Gambia,
560 Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania,
561 Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles,
562 Togo, Tunisia, Vanuatu, and Wallis & Futuna all disputes arising out of this
563 Agreement or related to its violation or execution, including summary
564 proceedings, will be settled exclusively by the Commercial Court of Paris;
565 5) in Russia, all disputes arising out of or in relation to the interpretation,
566 the violation, the termination, the nullity of the execution of this Agreement
567 shall be settled by Arbitration Court of Moscow;
568 6) in South Africa, Namibia, Lesotho and Swaziland, both of us agree to submit
569 all disputes relating to this Agreement to the jurisdiction of the High Court in
570 Johannesburg;
571 7) in Turkey all disputes arising out of or in connection with this Agreement
572 shall be resolved by the Istanbul Central (Sultanahmet) Courts and Execution
573 Directorates of Istanbul, the Republic of Turkey;
574 8) in each of the following specified countries, any legal claim arising out of
575 this Agreement will be brought before, and settled exclusively by, the competent
576 court of a) Athens for Greece, b) Tel Aviv-Jaffa for Israel, c) Milan for Italy,
577 d) Lisbon for Portugal, and e) Madrid for Spain; and
578 9) in the United Kingdom, both of us agree to submit all disputes relating to
579 this Agreement to the jurisdiction of the English courts.
580
581 Arbitration
582
583 In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia,
584 Georgia, Hungary, Kazakhstan, Kyrgyzstan, FYR Macedonia, Moldavia, Poland,
585 Romania, Russia, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine,
586 Uzbekistan, and FR Yugoslavia all disputes arising out of this Agreement or
587 related to its violation, termination or nullity will be finally settled under
588 the Rules of Arbitration and Conciliation of the International Arbitral Center
589 of the Federal Economic Chamber in Vienna (Vienna Rules) by three arbitrators
590 appointed in accordance with these rules.
591 The arbitration will be held in Vienna, Austria, and the official language of
592 the proceedings will be English. The decision of the arbitrators will be final
593 and binding upon both parties. Therefore, pursuant to paragraph 598 (2) of the
594 Austrian Code of Civil Procedure, the parties expressly waive the application of
595 paragraph 595 (1) figure 7 of the Code. IBM may, however, institute proceedings
596 in a competent court in the country of installation.
597
598 In Estonia, Latvia and Lithuania all disputes arising in connection with this
599 Agreement will be finally settled in arbitration that will be held in Helsinki,
600 Finland in accordance with the arbitration laws of Finland then in effect. Each
601 party will appoint one arbitrator. The arbitrators will then jointly appoint the
602 chairman. If arbitrators cannot agree on the chairman, then the Central Chamber
603 of Commerce in Helsinki will appoint the chairman.
604
605 AUSTRIA: No Warranty (Section 3): The terms of this section are completely
606 replaced by the following:
607
608 The following limited warranty applies if You have paid a charge to obtain the
609 Program:
610
611 The warranty period is twelve months from the date of delivery. The limitation
612 period for consumers in action for breach of warranty is the statutory period as
613 a minimum.
614
615 The warranty for an IBM Program covers the functionality of the Program for its
616 normal use and the Program's conformity to its specifications.
617
618 IBM warrants that when the Program is used in the specified operating
619 environment it will conform to its specifications. IBM does not warrant
620 uninterrupted or error-free operation of the Program or that IBM will correct
621 all Program defects. You are responsible for the results obtained from the use
622 of the Program.
623
624 The warranty applies only to the unmodified portion of the Program.
625
626 If the Program does not function as warranted during the warranty period and the
627 problem cannot be resolved with information available. You may return the
628 Program to the party from whom You acquired it and receive a refund in the
629 amount You paid. If You downloaded the Program, You may contact the party from
630 whom You acquired it to obtain the refund.
631
632 This is our sole obligation to You, except as otherwise required by applicable
633 statutory law.
634
635 General (Section 5): The following is added to item 4:
636
637 For purposes of this clause, contact information will also include information
638 about You as a legal entity, for example revenue data and other transactional
639 information.
640
641 GERMANY: No Warranty (Section 3): The same changes apply as those in No Warranty
642 (Section 3) under Austria above.
643
644 Limitation of Liability (Section 4): The following paragraph is added to this
645 Section:
646
647 The limitations and exclusions specified in this Section will not apply to
648 damages caused by IBM intentionally or by gross negligence.
649
650 General (Section 5): The following replaces the terms of item 5:
651
652 Any claims resulting from this Agreement are subject to a statute of limitation
653 of three years, except as stated in Section 3 (No Warranty) of this Agreement.
654
655 HUNGARY: Limitation of Liability (Section 4): The following is added at the end
656 of this section:
657
658 The limitation and exclusion specified herein shall not apply to liability for a
659 breach of contract damaging life, physical well-being, or health that has been
660 caused intentionally, by gross negligence, or by a criminal act.
661
662 The parties accept the limitations of liability as valid provisions and state
663 that the Section 314.(2) of the Hungarian Civil Code applies as the acquisition
664 price as well as other advantages arising out of the present Agreement balance
665 this limitation of liability.
666
667 IRELAND: No Warranty (Section 3): The following is added to this section:
668
669 Except as expressly provided in these terms and conditions, or section 12 of the
670 Sale of Goods Act 1893 (as amended by the Sale of Goods and Supply of Services
671 Act 1980 ("the 1980 Act")), all conditions and warranties (express or implied,
672 statutory or otherwise) are hereby excluded including, without limitation, any
673 warranties implied by the Sale of Goods Act 1893 as amended by the 1980 Act
674 (including, for the avoidance of doubt, section 39 of the 1980 Act).
675
676 Limitation of Liability (Section 4): The following replaces the terms of this
677 section in its entirety:
678
679 For the purposes of this section, a "Default" means any act, statement,
680 omission, or negligence on the part of IBM in connection with, or in relation
681 to, the subject matter of an Agreement in respect of which IBM is legally liable
682 to You whether in contract or tort. A number of Defaults which together result
683 in, or contribute to, substantially the same loss or damage will be treated as
684 one Default occurring on the date of occurrence of the last such Default.
685
686 Circumstances may arise where, because of a Default, You are entitled to recover
687 damages from IBM. This section sets out the extent of IBM's liability and Your
688 sole remedy.
689
690 1. IBM will accept unlimited liability for (a) death or personal injury caused
691 by the negligence of IBM, and (b) subject always to the Items for Which IBM is
692 Not Liable below, for physical damage to Your tangible property resulting from
693 the negligence of IBM.
694
695 2. Except as provided in item 1 above, IBM's entire liability for actual damages
696 for any one Default will not in any event exceed the greater of 1) EUR 125,000,
697 or 2) 125% of the amount You paid for the Program directly relating to the
698 Default. These limits also apply to any of IBM's suppliers and Program
699 developers. They state the maximum for which IBM and such suppliers and Program
700 developers are collectively responsible.
701
702 Items for Which IBM is Not Liable
703
704 Save with respect to any liability referred to in item 1 above, under no
705 circumstances is IBM or any of its suppliers or Program developers liable for
706 any of the following, even if IBM or they were informed of the possibility of
707 such losses:
708
709 1. loss of, or damage to, data;
710
711 2. special, indirect, or consequential loss; or
712
713 3. loss of profits, business, revenue, goodwill, or anticipated savings.
714
715 ITALY: General (Section 5): The following is added to this section:
716
717 IBM and Customer (hereinafter, individually, "Party") shall comply with all the
718 obligations of the applicable provisions of law and/or regulation on personal
719 data protection. Each of the Parties will indemnify and keep the other Party
720 harmless from any damage, claim, cost or expense incurred by the latter,
721 directly and or indirectly, as a consequence of an infringement of the other
722 Party of the mentioned provisions of law and/or regulations.
723
724 SLOVAKIA: Limitation of Liability (Section 4): The following is added to the end
725 of the last paragraph:
726
727 The limitations apply to the extent they are not prohibited under �� 373-386 of
728 the Slovak Commercial Code.
729
730 General (Section 5): The terms of item 5 are replaced with the following:
731
732 THE PARTIES AGREE THAT, AS DEFINED BY APPLICABLE LOCAL LAW, ANY LEGAL OR OTHER
733 ACTION RELATED TO A BREACH OF THIS AGREEMENT MUST BE COMMENCED NO LATER THAN
734 FOUR YEARS FROM THE DATE ON WHICH THE CAUSE OF ACTION AROSE.
735
736 SWITZERLAND: General (Section 5): The following is added to item 4:
737
738 For purposes of this clause, contact information will also include information
739 about You as a legal entity, for example revenue data and other transactional
740 information.
741
742 UNITED KINGDOM: No Warranty (Section 3): The following replaces the first
743 sentence in the first paragraph of this section:
744
745 SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE EXCLUDED, IBM MAKES NO
746 WARRANTY OR CONDITION EITHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION)
747 THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
748 PURPOSE, AND NON-INFRINGEMENT, REGARDING THE PROGRAM.
749
750 Limitation of Liability (Section 4): The following replaces the terms of this
751 section in its entirety:
752
753 For the purposes of this section, a "Default" means any act, statement,
754 omission, or negligence on the part of IBM in connection with, or in relation
755 to, the subject matter of an Agreement in respect of which IBM is legally liable
756 to You, whether in contract or tort. A number of Defaults which together result
757 in, or contribute to, substantially the same loss or damage will be treated as
758 one Default.
759
760 Circumstances may arise where, because of a Default, You are entitled to recover
761 damages from IBM. This section sets out the extent of IBM's liability and Your
762 sole remedy.
763
764 1. IBM will accept unlimited liability for:
765
766 a. death or personal injury caused by the negligence of IBM;
767
768 b. any breach of its obligations implied by Section 12 of the Sale of Goods Act
769 1979 or Section 2 of the Supply of Goods and Services Act 1982, or any statutory
770 modification or re-enactment of either such Section; and
771
772 c. subject always to the Items for Which IBM is Not Liable below, for physical
773 damage to Your tangible property resulting from the negligence of IBM.
774
775 2. IBM's entire liability for actual damages for any one Default will not in any
776 event, except as provided in item 1 above, exceed the greater of 1) �75,000, or
777 2) 125% of the amount You paid for the Program directly relating to the Default.
778 These limits also apply to IBM's suppliers and Program developers. They state
779 the maximum for which IBM and such suppliers and Program developers are
780 collectively responsible.
781
782 Items for Which IBM is Not Liable
783
784 Save with respect to any liability referred to in item 1 above, under no
785 circumstances is IBM or any of its suppliers or Program developers liable for
786 any of the following, even if IBM or they were informed of the possibility of
787 such losses:
788
789 1. loss of, or damage to, data;
790
791 2. special, indirect, or consequential loss; or
792
793 3. loss of profits, business, revenue, goodwill, or anticipated savings.
794
795 Z125-5589-03 (06/2006)
796
797
798
799 LICENSE INFORMATION
800
801 The Programs listed below are licensed under the following terms and conditions
802 in addition to those of the International License Agreement for Non-Warranted
803 Programs.
804
805 Program Name: IBM(R) 32-bit SDK for Linux(R) on Intel(R) architecture, Java(TM)
806 Technology Edition, Version 6
807 Program Number: 6207-001
808 Authorization for Use on Home/Portable Computer: The Program may be stored on
809 the primary machine and another machine, provided that the Program is not in
810 active use on both machines at the same time.
811
812 Program Name: IBM(R) 64-bit SDK for Linux(R) on AMD64 / EM64T architecture,
813 Java(TM) Technology Edition, Version 6
814 Program Number: 6207-001
815 Authorization for Use on Home/Portable Computer: The Program may be stored on
816 the primary machine and another machine, provided that the Program is not in
817 active use on both machines at the same time.
818
819 Program Name: IBM(R) 32-bit SDK for Linux(R) on System i(TM) and System p(TM)
820 architecture, Java(TM) Technology Edition, Version 6
821 Program Number: 6207-001
822 Authorization for Use on Home/Portable Computer: The Program may be stored on
823 the primary machine and another machine, provided that the Program is not in
824 active use on both machines at the same time.
825
826 Program Name: IBM(R) 64-bit SDK for Linux(R) on System i(TM) and System p(TM)
827 architecture, Java(TM) Technology Edition, Version 6
828 Program Number: 6207-001
829 Authorization for Use on Home/Portable Computer: The Program may be stored on
830 the primary machine and another machine, provided that the Program is not in
831 active use on both machines at the same time.
832
833 Program Name: IBM(R) 31-bit SDK for Linux(R) on System z(TM) architecture,
834 Java(TM) Technology Edition, Version 6
835 Program Number: 6207-001
836 Authorization for Use on Home/Portable Computer: The Program may be stored on
837 the primary machine and another machine, provided that the Program is not in
838 active use on both machines at the same time.
839
840 Program Name: IBM(R) 64-bit SDK for Linux(R) on System z(TM) architecture,
841 Java(TM) Technology Edition, Version 6
842 Program Number: 6207-001
843 Authorization for Use on Home/Portable Computer: The Program may be stored on
844 the primary machine and another machine, provided that the Program is not in
845 active use on both machines at the same time.
846
847 Program Name: IBM(R) 32-bit Runtime Environment for Linux(R) on Intel(R)
848 architecture, Java(TM) Technology Edition, Version 6
849 Program Number: 6207-001
850 Authorization for Use on Home/Portable Computer: The Program may be stored on
851 the primary machine and another machine, provided that the Program is not in
852 active use on both machines at the same time.
853
854 Program Name: IBM(R) 64-bit Runtime Environment for Linux(R) on AMD64 / EM64T
855 architecture, Java(TM) Technology Edition, Version 6
856 Program Number: 6207-001
857 Authorization for Use on Home/Portable Computer: The Program may be stored on
858 the primary machine and another machine, provided that the Program is not in
859 active use on both machines at the same time.
860
861 Program Name: IBM(R) 32-bit Runtime Environment for Linux(R) on System i(TM) and
862 System p(TM), Java(TM) Technology Edition, Version 6
863 Program Number: 6207-001
864 Authorization for Use on Home/Portable Computer: The Program may be stored on
865 the primary machine and another machine, provided that the Program is not in
866 active use on both machines at the same time.
867
868 Program Name: IBM(R) 64-bit Runtime Environment for Linux(R) on System i(TM) and
869 System p(TM), Java(TM) Technology Edition, Version 6
870 Program Number: 6207-001
871 Authorization for Use on Home/Portable Computer: The Program may be stored on
872 the primary machine and another machine, provided that the Program is not in
873 active use on both machines at the same time.
874
875 Program Name: IBM(R) 31-bit Runtime Environment for Linux(R) on System z(TM),
876 Java(TM) Technology Edition, Version 6
877 Program Number: 6207-001
878 Authorization for Use on Home/Portable Computer: The Program may be stored on
879 the primary machine and another machine, provided that the Program is not in
880 active use on both machines at the same time.
881
882 Program Name: IBM(R) 64-bit Runtime Environment for Linux(R) on System z(TM),
883 Java(TM) Technology Edition, Version 6
884 Program Number: 6207-001
885 Authorization for Use on Home/Portable Computer: The Program may be stored on
886 the primary machine and another machine, provided that the Program is not in
887 active use on both machines at the same time.
888
889 Limited Use Rights for Other IBM Programs
890
891 If You acquired this Program as part of another IBM Program ("Principal
892 Program") that lists this Program under "Other IBM Programs", You received this
893 Program only in support of the Principal Program, and Your rights to use this
894 Program will be limited by the license of the Principal Program. Please contact
895 Your IBM Sales Representative if You wish to acquire a separate license to this
896 Program not limited by the Principal Program's license terms.
897
898 Excluded Components
899
900 The provisions of this paragraph do not apply to the extent they are held to be
901 invalid or unenforceable under the law that governs this license. The components
902 listed below are "Excluded Components." Notwithstanding any of the terms in the
903 Agreement or any other agreement You may have with IBM:
904 (a) the third party suppliers of such Excluded Components ("Suppliers") provide
905 the components WITHOUT WARRANTIES OF ANY KIND and, such Suppliers DISCLAIM ANY
906 AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED
907 TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED
908 WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
909 PURPOSE, WITH RESPECT TO THE EXCLUDED COMPONENTS;
910 (b) in no event are the Suppliers liable for any direct, indirect, incidental,
911 special, exemplary, punitive or consequential damages, including but not limited
912 to lost data, lost savings, and lost profits, with respect to the Excluded
913 Components; and,
914 (c) IBM and the Suppliers are not liable to You, and will not defend, indemnify,
915 or hold You harmless for any claims arising from or related to the Excluded
916 Components.
917
918 Notwithstanding these exclusions, in Germany and Austria, IBM's warranty and
919 liability for the Excluded Components is governed only by the respective terms
920 applicable for Germany and Austria in the IBM license agreements.
921
922 Notices and important information that IBM is required to provide to You with
923 respect to the Excluded Components, including instructions for obtaining source
924 code for certain Excluded Components, may be found in the NOTICES file(s) that
925 accompanies the Program.
926
927 Your use of the Excluded Components is governed by the terms of the Agreement
928 and not by any terms that may be contained in the NOTICES file(s). The terms
929 contained in the Agreement are offered by IBM and not by any other party. Future
930 Program updates or fixpacks may contain additional Excluded Components. Such
931 additional Excluded Components, and related notices and information, if any,
932 will be listed in another NOTICES file that accompanies the Program update or
933 fixpack.
934
935 The following are Excluded Components:
936 Apache Harmony :-
937 * Annotation (Subversion: r573440 2007-09-11 (Arena R4745))
938 * Beans (Subversion: r573440 2007-09-11 (Arena R4745))
939 * jndi (Subversion: r573440 2007-09-11 (Arena R4745))
940 * lang-management (Subversion: r573440 2007-09-11 (Arena R4745))
941 * logging (Subversion: r573440 2007-09-11 (Arena R4745))
942 * security (Subversion: r573440 2007-09-11 (Arena R4745))
943 * sql (Subversion: r573440 2007-09-11 (Arena R4745))
944 * java.util (part of luni) (Subversion: r573440 2007-09-11 (Arena R4745))
945
946 Specified Operating Environment
947
948 The Program's specifications and specified operating environment information may
949 be found in documentation accompanying the Program, if available, such as a
950 read-me file, or other information published by IBM, such as an announcement
951 letter.
952
953 Program-unique Terms
954
955 1. GENERAL
956
957 To the extent of any conflict between the terms of the International License
958 Agreement for Non-Warranted Programs and this License Information, the terms of
959 this License Information shall prevail.
960
961 WHERE THE PROGRAM HAS BEEN PROVIDED TO YOU SEPARATELY BY IBM, IT IS PROVIDED AT
962 NO CHARGE.
963
964 The Program consists of binary code that executes on the operating system(s)
965 specified in Readme files that accompany the Program.
966
967 3. TRADEMARKS AND COPYRIGHT: YOUR RESPONSIBILITIES
968
969 a) You shall not modify, delete, suppress, or obscure any copyright, trademark
970 or other legal notice (whether from IBM or any third party) which may be
971 displayed by or included within the Program.
972
973 b) Java and all Java-based Trademarks are trademarks of Sun Microsystems, Inc.
974 in the United States, other countries, or both.
975
976 c) You recognize IBM's and Sun Microsystems, Inc.'s ownership and title to their
977 respective trademarks and of any goodwill attaching thereto, including goodwill
978 resulting from use. You will not use or attempt to register any trademark which
979 is confusingly similar to such IBM or Sun trademarks.
980
981 3. PROOF OF ENTITLEMENT
982
983 This License Agreement constitutes your Proof of Entitlement.
984
985
986
987 D/N: L-RVEK-75GKYF
988 P/N: L-RVEK-75GKYF

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