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Revision 1.1 - (hide annotations) (download)
Sat Jun 22 12:36:43 2013 UTC (17 months, 1 week ago) by scarabeus
Branch: MAIN
CVS Tags: HEAD
Add lotus-notes license for the obvious package.

1 scarabeus 1.1 International Program License Agreement
2    
3     Part 1 - General Terms
4    
5     BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, CLICKING ON AN "ACCEPT" BUTTON, OR OTHERWISE USING THE PROGRAM, LICENSEE AGREES TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF LICENSEE, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND LICENSEE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS,
6    
7     - DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, CLICK ON AN "ACCEPT" BUTTON, OR USE THE PROGRAM; AND
8    
9     - PROMPTLY RETURN THE UNUSED MEDIA, DOCUMENTATION, AND PROOF OF ENTITLEMENT TO THE PARTY FROM WHOM IT WAS OBTAINED FOR A REFUND OF THE AMOUNT PAID. IF THE PROGRAM WAS DOWNLOADED, DESTROY ALL COPIES OF THE PROGRAM.
10    
11     1. Definitions
12    
13     "Authorized Use" - the specified level at which Licensee is authorized to execute or run the Program. That level may be measured by number of users, millions of service units ("MSUs"), Processor Value Units ("PVUs"), or other level of use specified by IBM.
14    
15     "IBM" - International Business Machines Corporation or one of its subsidiaries.
16    
17     "License Information" ("LI") - a document that provides information and any additional terms specific to a Program. The Program's LI is available at www.ibm.com/software/sla. The LI can also be found in the Program's directory, by the use of a system command, or as a booklet included with the Program.
18    
19     "Program" - the following, including the original and all whole or partial copies: 1) machine-readable instructions and data, 2) components, files, and modules, 3) audio-visual content (such as images, text, recordings, or pictures), and 4) related licensed materials (such as keys and documentation).
20    
21     "Proof of Entitlement" ("PoE") - evidence of Licensee's Authorized Use. The PoE is also evidence of Licensee's eligibility for warranty, future update prices, if any, and potential special or promotional opportunities. If IBM does not provide Licensee with a PoE, then IBM may accept as the PoE the original paid sales receipt or other sales record from the party (either IBM or its reseller) from whom Licensee obtained the Program, provided that it specifies the Program name and Authorized Use obtained.
22    
23     "Warranty Period" - one year, starting on the date the original Licensee is granted the license.
24    
25     2. Agreement Structure
26    
27     This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms (if any), the LI, and the PoE and is the complete agreement between Licensee and IBM regarding the use of the Program. It replaces any prior oral or written communications between Licensee and IBM concerning Licensee's use of the Program. The terms of Part 2 may replace or modify those of Part 1. To the extent of any conflict, the LI prevails over both Parts.
28    
29     3. License Grant
30    
31     The Program is owned by IBM or an IBM supplier, and is copyrighted and licensed, not sold.
32    
33     IBM grants Licensee a nonexclusive license to 1) use the Program up to the Authorized Use specified in the PoE, 2) make and install copies to support such Authorized Use, and 3) make a backup copy, all provided that
34    
35     a. Licensee has lawfully obtained the Program and complies with the terms of this Agreement;
36    
37     b. the backup copy does not execute unless the backed-up Program cannot execute;
38    
39     c. Licensee reproduces all copyright notices and other legends of ownership on each copy, or partial copy, of the Program;
40    
41     d. Licensee ensures that anyone who uses the Program (accessed either locally or remotely) 1) does so only on Licensee's behalf and 2) complies with the terms of this Agreement;
42    
43     e. Licensee does not 1) use, copy, modify, or distribute the Program except as expressly permitted in this Agreement; 2) reverse assemble, reverse compile, otherwise translate, or reverse engineer the Program, except as expressly permitted by law without the possibility of contractual waiver; 3) use any of the Program's components, files, modules, audio-visual content, or related licensed materials separately from that Program; or 4) sublicense, rent, or lease the Program; and
44    
45     f. if Licensee obtains this Program as a Supporting Program, Licensee uses this Program only to support the Principal Program and subject to any limitations in the license to the Principal Program, or, if Licensee obtains this Program as a Principal Program, Licensee uses all Supporting Programs only to support this Program, and subject to any limitations in this Agreement. For purposes of this Item "f," a "Supporting Program" is a Program that is part of another IBM Program ("Principal Program") and identified as a Supporting Program in the Principal Program's LI. (To obtain a separate license to a Supporting Program without these restrictions, Licensee should contact the party from whom Licensee obtained the Supporting Program.)
46    
47     This license applies to each copy of the Program that Licensee makes.
48    
49     3.1 Trade-ups, Updates, Fixes, and Patches
50    
51     3.1.1 Trade-ups
52    
53     If the Program is replaced by a trade-up Program, the replaced Program's license is promptly terminated.
54    
55     3.1.2 Updates, Fixes, and Patches
56    
57     When Licensee receives an update, fix, or patch to a Program, Licensee accepts any additional or different terms that are applicable to such update, fix, or patch that are specified in its LI. If no additional or different terms are provided, then the update, fix, or patch is subject solely to this Agreement. If the Program is replaced by an update, Licensee agrees to promptly discontinue use of the replaced Program.
58    
59     3.2 Fixed Term Licenses
60    
61     If IBM licenses the Program for a fixed term, Licensee's license is terminated at the end of the fixed term, unless Licensee and IBM agree to renew it.
62    
63     3.3 Term and Termination
64    
65     This Agreement is effective until terminated.
66    
67     IBM may terminate Licensee's license if Licensee fails to comply with the terms of this Agreement.
68    
69     If the license is terminated for any reason by either party, Licensee agrees to promptly discontinue use of and destroy all of Licensee's copies of the Program. Any terms of this Agreement that by their nature extend beyond termination of this Agreement remain in effect until fulfilled, and apply to both parties' respective successors and assignees.
70    
71     4. Charges
72    
73     Charges are based on Authorized Use obtained, which is specified in the PoE. IBM does not give credits or refunds for charges already due or paid, except as specified elsewhere in this Agreement.
74    
75     If Licensee wishes to increase its Authorized Use, Licensee must notify IBM or an authorized IBM reseller in advance and pay any applicable charges.
76    
77     5. Taxes
78    
79     If any authority imposes on the Program a duty, tax, levy, or fee, excluding those based on IBM's net income, then Licensee agrees to pay that amount, as specified in an invoice, or supply exemption documentation. Licensee is responsible for any personal property taxes for the Program from the date that Licensee obtains it. If any authority imposes a customs duty, tax, levy, or fee for the import into or the export, transfer, access, or use of the Program outside the country in which the original Licensee was granted the license, then Licensee agrees that it is responsible for, and will pay, any amount imposed.
80    
81     6. Money-back Guarantee
82    
83     If Licensee is dissatisfied with the Program for any reason and is the original Licensee, Licensee may terminate the license and obtain a refund of the amount Licensee paid for the Program, provided that Licensee returns the Program and PoE to the party from whom Licensee obtained it within 30 days of the date the PoE was issued to Licensee. If the license is for a fixed term that is subject to renewal, then Licensee may obtain a refund only if the Program and its PoE are returned within the first 30 days of the initial term. If Licensee downloaded the Program, Licensee should contact the party from whom Licensee obtained it for instructions on how to obtain the refund.
84    
85     7. Program Transfer
86    
87     Licensee may transfer the Program and all of Licensee's license rights and obligations to another party only if that party agrees to the terms of this Agreement. If the license is terminated for any reason by either party, Licensee is prohibited from transferring the Program to another party. Licensee may not transfer a portion of 1) the Program or 2) the Program's Authorized Use. When Licensee transfers the Program, Licensee must also transfer a hard copy of this Agreement, including the LI and PoE. Immediately after the transfer, Licensee's license terminates.
88    
89     8. Warranty and Exclusions
90    
91     8.1 Limited Warranty
92    
93     IBM warrants that the Program, when used in its specified operating environment, will conform to its specifications. The Program's specifications, and specified operating environment information, can be found in documentation accompanying the Program (such as a read-me file) or other information published by IBM (such as an announcement letter). Licensee agrees that such documentation and other Program content may be supplied only in the English language, unless otherwise required by local law without the possibility of contractual waiver or limitation.
94    
95     The warranty applies only to the unmodified portion of the Program. IBM does not warrant uninterrupted or error-free operation of the Program, or that IBM will correct all Program defects. Licensee is responsible for the results obtained from the use of the Program.
96    
97     During the Warranty Period, IBM provides Licensee with access to IBM databases containing information on known Program defects, defect corrections, restrictions, and bypasses at no additional charge. Consult the IBM Software Support Handbook for further information at www.ibm.com/software/support.
98    
99     If the Program does not function as warranted during the Warranty Period and the problem cannot be resolved with information available in the IBM databases, Licensee may return the Program and its PoE to the party (either IBM or its reseller) from whom Licensee obtained it and receive a refund of the amount Licensee paid. After returning the Program, Licensee's license terminates. If Licensee downloaded the Program, Licensee should contact the party from whom Licensee obtained it for instructions on how to obtain the refund.
100    
101     8.2 Exclusions
102    
103     THESE WARRANTIES ARE LICENSEE'S EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ANY WARRANTY OR CONDITION OF NON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE.
104    
105     THESE WARRANTIES GIVE LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
106    
107     THE WARRANTIES IN THIS SECTION 8 (WARRANTY AND EXCLUSIONS) ARE PROVIDED SOLELY BY IBM. THE DISCLAIMERS IN THIS SUBSECTION 8.2 (EXCLUSIONS), HOWEVER, ALSO APPLY TO IBM'S SUPPLIERS OF THIRD PARTY CODE. THOSE SUPPLIERS PROVIDE SUCH CODE WITHOUT WARRANTIES OR CONDITION OF ANY KIND. THIS PARAGRAPH DOES NOT NULLIFY IBM'S WARRANTY OBLIGATIONS UNDER THIS AGREEMENT.
108    
109     9. Licensee Data and Databases
110    
111     To assist Licensee in isolating the cause of a problem with the Program, IBM may request that Licensee 1) allow IBM to remotely access Licensee's system or 2) send Licensee information or system data to IBM. However, IBM is not obligated to provide such assistance unless IBM and Licensee enter a separate written agreement under which IBM agrees to provide to Licensee that type of technical support, which is beyond IBM's warranty obligations in this Agreement. In any event, IBM uses information about errors and problems to improve its products and services, and assist with its provision of related support offerings. For these purposes, IBM may use IBM entities and subcontractors (including in one or more countries other than the one in which Licensee is located), and Licensee authorizes IBM to do so.
112    
113     Licensee remains responsible for 1) any data and the content of any database Licensee makes available to IBM, 2) the selection and implementation of procedures and controls regarding access, security, encryption, use, and transmission of data (including any personally-identifiable data), and 3) backup and recovery of any database and any stored data. Licensee will not send or provide IBM access to any personally-identifiable information, whether in data or any other form, and will be responsible for reasonable costs and other amounts that IBM may incur relating to any such information mistakenly provided to IBM or the loss or disclosure of such information by IBM, including those arising out of any third party claims.
114    
115     10. Limitation of Liability
116    
117     The limitations and exclusions in this Section 10 (Limitation of Liability) apply to the full extent they are not prohibited by applicable law without the possibility of contractual waiver.
118    
119     10.1 Items for Which IBM May Be Liable
120    
121     Circumstances may arise where, because of a default on IBM's part or other liability, Licensee is entitled to recover damages from IBM. Regardless of the basis on which Licensee is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM's entire liability for all claims in the aggregate arising from or related to each Program or otherwise arising under this Agreement will not exceed the amount of any 1) damages for bodily injury (including death) and damage to real property and tangible personal property and 2) other actual direct damages up to the charges (if the Program is subject to fixed term charges, up to twelve months' charges) Licensee paid for the Program that is the subject of the claim.
122    
123     This limit also applies to any of IBM's Program developers and suppliers. It is the maximum for which IBM and its Program developers and suppliers are collectively responsible.
124    
125     10.2 Items for Which IBM Is Not Liable
126    
127     UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:
128    
129     a. LOSS OF, OR DAMAGE TO, DATA;
130    
131     b. SPECIAL, INCIDENTAL, EXEMPLARY, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR
132    
133     c. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
134    
135     11. Compliance Verification
136    
137     For purposes of this Section 11 (Compliance Verification), "IPLA Program Terms" means 1) this Agreement and applicable amendments and transaction documents provided by IBM, and 2) IBM software policies that may be found at the IBM Software Policy website (www.ibm.com/softwarepolicies), including but not limited to those policies concerning backup, sub-capacity pricing, and migration.
138    
139     The rights and obligations set forth in this Section 11 remain in effect during the period the Program is licensed to Licensee, and for two years thereafter.
140    
141     11.1 Verification Process
142    
143     Licensee agrees to create, retain, and provide to IBM and its auditors accurate written records, system tool outputs, and other system information sufficient to provide auditable verification that Licensee's use of all Programs is in compliance with the IPLA Program Terms, including, without limitation, all of IBM's applicable licensing and pricing qualification terms. Licensee is responsible for 1) ensuring that it does not exceed its Authorized Use, and 2) remaining in compliance with IPLA Program Terms.
144    
145     Upon reasonable notice, IBM may verify Licensee's compliance with IPLA Program Terms at all sites and for all environments in which Licensee uses (for any purpose) Programs subject to IPLA Program Terms. Such verification will be conducted in a manner that minimizes disruption to Licensee's business, and may be conducted on Licensee's premises, during normal business hours. IBM may use an independent auditor to assist with such verification, provided IBM has a written confidentiality agreement in place with such auditor.
146    
147     11.2 Resolution
148    
149     IBM will notify Licensee in writing if any such verification indicates that Licensee has used any Program in excess of its Authorized Use or is otherwise not in compliance with the IPLA Program Terms. Licensee agrees to promptly pay directly to IBM the charges that IBM specifies in an invoice for 1) any such excess use, 2) support for such excess use for the lesser of the duration of such excess use or two years, and 3) any additional charges and other liabilities determined as a result of such verification.
150    
151     12. Third Party Notices
152    
153     The Program may include third party code that IBM, not the third party, licenses to Licensee under this Agreement. Notices, if any, for the third party code ("Third Party Notices") are included for Licensee's information only. These notices can be found in the Program's NOTICES file(s). Information on how to obtain source code for certain third party code can be found in the Third Party Notices. If in the Third Party Notices IBM identifies third party code as "Modifiable Third Party Code," IBM authorizes Licensee to 1) modify the Modifiable Third Party Code and 2) reverse engineer the Program modules that directly interface with the Modifiable Third Party Code provided that it is only for the purpose of debugging Licensee's modifications to such third party code. IBM's service and support obligations, if any, apply only to the unmodified Program.
154    
155     13. General
156    
157     a. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
158    
159     b. For Programs IBM provides to Licensee in tangible form, IBM fulfills its shipping and delivery obligations upon the delivery of such Programs to the IBM-designated carrier, unless otherwise agreed to in writing by Licensee and IBM.
160    
161     c. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.
162    
163     d. Licensee agrees to comply with all applicable export and import laws and regulations, including U.S. embargo and sanctions regulations and prohibitions on export for certain end uses or to certain users.
164    
165     e. Licensee authorizes International Business Machines Corporation and its subsidiaries (and their successors and assigns, contractors and IBM Business Partners) to store and use Licensee's business contact information wherever they do business, in connection with IBM products and services, or in furtherance of IBM's business relationship with Licensee.
166    
167     f. Each party will allow the other reasonable opportunity to comply before it claims that the other has not met its obligations under this Agreement. The parties will attempt in good faith to resolve all disputes, disagreements, or claims between the parties relating to this Agreement.
168    
169     g. Unless otherwise required by applicable law without the possibility of contractual waiver or limitation: 1) neither party will bring a legal action, regardless of form, for any claim arising out of or related to this Agreement more than two years after the cause of action arose; and 2) upon the expiration of such time limit, any such claim and all respective rights related to the claim lapse.
170    
171     h. Neither Licensee nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control.
172    
173     i. No right or cause of action for any third party is created by this Agreement, nor is IBM responsible for any third party claims against Licensee, except as permitted in Subsection 10.1 (Items for Which IBM May Be Liable) above for bodily injury (including death) or damage to real or tangible personal property for which IBM is legally liable to that third party.
174    
175     j. In entering into this Agreement, neither party is relying on any representation not specified in this Agreement, including but not limited to any representation concerning: 1) the performance or function of the Program, other than as expressly warranted in Section 8 (Warranty and Exclusions) above; 2) the experiences or recommendations of other parties; or 3) any results or savings that Licensee may achieve.
176    
177     k. IBM has signed agreements with certain organizations (called "IBM Business Partners") to promote, market, and support certain Programs. IBM Business Partners remain independent and separate from IBM. IBM is not responsible for the actions or statements of IBM Business Partners or obligations they have to Licensee.
178    
179     l. The license and intellectual property indemnification terms of Licensee's other agreements with IBM (such as the IBM Customer Agreement) do not apply to Program licenses granted under this Agreement.
180    
181     14. Geographic Scope and Governing Law
182    
183     14.1 Governing Law
184    
185     Both parties agree to the application of the laws of the country in which Licensee obtained the Program license to govern, interpret, and enforce all of Licensee's and IBM's respective 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.
186    
187     The United Nations Convention on Contracts for the International Sale of Goods does not apply.
188    
189     14.2 Jurisdiction
190    
191     All rights, duties, and obligations are subject to the courts of the country in which Licensee obtained the Program license.
192    
193     Part 2 - Country-unique Terms
194    
195     For licenses granted in the countries specified below, the following terms replace or modify the referenced terms in Part 1. All terms in Part 1 that are not changed by these amendments remain unchanged and in effect. This Part 2 is organized as follows:
196    
197     - Multiple country amendments to Part 1, Section 14 (Governing Law and Jurisdiction);
198    
199     - Americas country amendments to other Agreement terms;
200    
201     - Asia Pacific country amendments to other Agreement terms; and
202    
203     - Europe, Middle East, and Africa country amendments to other Agreement terms.
204    
205     Multiple country amendments to Part 1, Section 14 (Governing Law and Jurisdiction)
206    
207     14.1 Governing Law
208    
209     The phrase "the laws of the country in which Licensee obtained the Program license" in the first paragraph of 14.1 Governing Law is replaced by the following phrases in the countries below:
210    
211     AMERICAS
212    
213     (1) in Canada: the laws in the Province of Ontario;
214    
215     (2) in Mexico: the federal laws of the Republic of Mexico;
216    
217     (3) in the United States, Anguilla, Antigua/Barbuda, Aruba, British Virgin Islands, Cayman Islands, Dominica, Grenada, Guyana, Saint Kitts and Nevis, Saint Lucia, Saint Maarten, and Saint Vincent and the Grenadines: the laws of the State of New York, United States;
218    
219     (4) in Venezuela: the laws of the Bolivarian Republic of Venezuela;
220    
221     ASIA PACIFIC
222    
223     (5) in Cambodia and Laos: the laws of the State of New York, United States;
224    
225     (6) in Australia: the laws of the State or Territory in which the transaction is performed;
226    
227     (7) in Hong Kong SAR and Macau SAR: the laws of Hong Kong Special Administrative Region ("SAR");
228    
229     (8) in Taiwan: the laws of Taiwan
230    
231     EUROPE, MIDDLE EAST, AND AFRICA
232    
233     (9) in Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Former Yugoslav Republic of Macedonia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan: the laws of Austria;
234    
235     (10) in Algeria, Andorra, 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 and Futuna: the laws of France;
236    
237     (11) in Estonia, Latvia, and Lithuania: the laws of Finland;
238    
239     (12) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome and Principe, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe: the laws of England; and
240    
241     (13) in South Africa, Namibia, Lesotho, and Swaziland: the laws of the Republic of South Africa.
242    
243     14.2 Jurisdiction
244    
245     The following paragraph pertains to jurisdiction and replaces Subsection 14.2 (Jurisdiction) as it applies for those countries identified in bold below:
246    
247     All rights, duties, and obligations are subject to the courts of the country in which Licensee obtained the Program license except that in the countries identified below all disputes arising out of or related to this Agreement, including summary proceedings, will be brought before and subject to the exclusive jurisdiction of the following courts of competent jurisdiction:
248    
249     AMERICAS
250    
251     (1) in Argentina: the Ordinary Commercial Court of the city of Buenos Aires,
252    
253     (2) in Brazil: the court of Rio de Janeiro, RJ;
254    
255     (3) in Chile: the Civil Courts of Justice of Santiago;
256    
257     (4) in Ecuador: the civil judges of Quito for executory or summary proceedings (as applicable);
258    
259     (5) in Mexico: the courts located in Mexico City, Federal District;
260    
261     (6) in Peru: the judges and tribunals of the judicial district of Lima, Cercado;
262    
263     (7) in Uruguay: the courts of the city of Montevideo;
264    
265     (8) in Venezuela: the courts of the metropolitan area of the city of Caracas;
266    
267     EUROPE, MIDDLE EAST, AND AFRICA
268    
269     (9) in Austria: the court of law in Vienna, Austria (Inner-City);
270    
271     (10) in Algeria, Andorra, Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea, France, French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte, Monaco, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis and Futuna: the Commercial Court of Paris;
272    
273     (11) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome and Principe, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe: the English courts;
274    
275     (12) in South Africa, Namibia, Lesotho, and Swaziland: the High Court in Johannesburg;
276    
277     (13) in Greece: the competent court of Athens;
278    
279     (14) in Israel: the courts of Tel Aviv-Jaffa;
280    
281     (15) in Italy: the courts of Milan;
282    
283     (16) in Portugal: the courts of Lisbon;
284    
285     (17) in Spain: the courts of Madrid; and
286    
287     (18) in Turkey: the Istanbul Central Courts and Execution Directorates of Istanbul, the Republic of Turkey.
288    
289     14.3 Arbitration
290    
291     The following paragraph is added as a new Subsection 14.3 (Arbitration) as it applies for those countries identified in bold below. The provisions of this Subsection 14.3 prevail over those of Subsection 14.2 (Jurisdiction) to the extent permitted by the applicable governing law and rules of procedure:
292    
293     ASIA PACIFIC
294    
295     (1) In Cambodia, India, Indonesia, Laos, Philippines, and Vietnam:
296    
297     Disputes arising out of or in connection with this Agreement will be finally settled by arbitration which will be held in Singapore in accordance with the Arbitration Rules of Singapore International Arbitration Center ("SIAC Rules") then in effect. The arbitration award will be final and binding for the parties without appeal and will be in writing and set forth the findings of fact and the conclusions of law.
298    
299     The number of arbitrators will be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties will appoint a third arbitrator who will act as chairman of the proceedings. Vacancies in the post of chairman will be filled by the president of the SIAC. Other vacancies will be filled by the respective nominating party. Proceedings will continue from the stage they were at when the vacancy occurred.
300    
301     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 will be the sole arbitrator, provided that the arbitrator was validly and properly appointed. All proceedings will 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.
302    
303     (2) In the People's Republic of China:
304    
305     In case no settlement can be reached, the disputes will be submitted to China International Economic and Trade Arbitration Commission for arbitration according to the then effective rules of the said Arbitration Commission. The arbitration will take place in Beijing and be conducted in Chinese. The arbitration award will be final and binding on both parties. During the course of arbitration, this agreement will continue to be performed except for the part which the parties are disputing and which is undergoing arbitration.
306    
307     EUROPE, MIDDLE EAST, AND AFRICA
308    
309     (3) In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Former Yugoslav Republic of Macedonia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan:
310    
311     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.
312    
313     (4) In Estonia, Latvia, and Lithuania:
314    
315     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.
316    
317     AMERICAS COUNTRY AMENDMENTS
318    
319     CANADA
320    
321     10.1 Items for Which IBM May be Liable
322    
323     The following replaces Item 1 in the first paragraph of this Subsection 10.1 (Items for Which IBM May be Liable):
324    
325     1) damages for bodily injury (including death) and physical harm to real property and tangible personal property caused by IBM's negligence; and
326    
327     13. General
328    
329     The following replaces Item 13.d:
330    
331     d. Licensee agrees to comply with all applicable export and import laws and regulations, including those of that apply to goods of United States origin and that prohibit or limit export for certain uses or to certain users.
332    
333     The following replaces Item 13.i:
334    
335     i. No right or cause of action for any third party is created by this Agreement or any transaction under it, nor is IBM responsible for any third party claims against Licensee 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 to that third party.
336    
337     The following is added as Item 13.m:
338    
339     m. For purposes of this Item 13.m, "Personal Data" refers to information relating to an identified or identifiable individual made available by one of the parties, its personnel or any other individual to the other in connection with this Agreement. The following provisions apply in the event that one party makes Personal Data available to the other:
340    
341     (1) General
342    
343     (a) Each party is responsible for complying with any obligations applying to it under applicable Canadian data privacy laws and regulations ("Laws").
344    
345     (b) Neither party will request Personal Data beyond what is necessary to fulfill the purpose(s) for which it is requested. The purpose(s) for requesting Personal Data must be reasonable. Each party will agree in advance as to the type of Personal Data that is required to be made available.
346    
347     (2) Security Safeguards
348    
349     (a) Each party acknowledges that it is solely responsible for determining and communicating to the other the appropriate technological, physical and organizational security measures required to protect Personal Data.
350    
351     (b) Each party will ensure that Personal Data is protected in accordance with the security safeguards communicated and agreed to by the other.
352    
353     (c) Each party will ensure that any third party to whom Personal Data is transferred is bound by the applicable terms of this section.
354    
355     (d) Additional or different services required to comply with the Laws will be deemed a request for new services.
356    
357     (3) Use
358    
359     Each party agrees that Personal Data will only be used, accessed, managed, transferred, disclosed to third parties or otherwise processed to fulfill the purpose(s) for which it was made available.
360    
361     (4) Access Requests
362    
363     (a) Each party agrees to reasonably cooperate with the other in connection with requests to access or amend Personal Data.
364    
365     (b) Each party agrees to reimburse the other for any reasonable charges incurred in providing each other assistance.
366    
367     (c) Each party agrees to amend Personal Data only upon receiving instructions to do so from the other party or its personnel.
368    
369     (5) Retention
370    
371     Each party will promptly return to the other or destroy all Personal Data that is no longer necessary to fulfill the purpose(s) for which it was made available, unless otherwise instructed by the other or its personnel or required by law.
372    
373     (6) Public Bodies Who Are Subject to Public Sector Privacy Legislation
374    
375     For Customers who are public bodies subject to public sector privacy legislation, this Item 13.m applies only to Personal Data made available to Customer in connection with this Agreement, and the obligations in this section apply only to Customer, except that: 1) section (2)(a) applies only to IBM; 2) sections (1)(a) and (4)(a) apply to both parties; and 3) section (4)(b) and the last sentence in (1)(b) do not apply.
376    
377     PERU
378    
379     10. Limitation of Liability
380    
381     The following is added to the end of this Section 10 (Limitation of Liability):
382    
383     Except as expressly required by law without the possibility of contractual waiver, Licensee and IBM intend that the limitation of liability in this Limitation of Liability section applies to damages caused by all types of claims and causes of action. If any limitation on or exclusion from liability in this section is held by a court of competent jurisdiction to be unenforceable with respect to a particular claim or cause of action, the parties intend that it nonetheless apply to the maximum extent permitted by applicable law to all other claims and causes of action.
384    
385     10.1 Items for Which IBM May be Liable
386    
387     The following is added at the end of this Subsection 10.1:
388    
389     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").
390    
391     UNITED STATES OF AMERICA:
392    
393     5. Taxes
394    
395     The following is added at the end of this Section 5 (Taxes)
396    
397     For Programs delivered electronically in the United States for which Licensee claims a state sales and use tax exemption, Licensee agrees not to receive any tangible personal property (e.g., media and publications) associated with the electronic program.
398    
399     Licensee agrees to be responsible for any sales and use tax liabilities that may arise as a result of Licensee's subsequent redistribution of Programs after delivery by IBM.
400    
401     13. General
402    
403     The following is added to Section 13 as Item 13.m:
404    
405     U.S. Government Users Restricted Rights - Use, duplication or disclosure is restricted by the GSA IT Schedule 70 Contract with the IBM Corporation.
406    
407     The following is added to Item 13.f:
408    
409     Each party waives any right to a jury trial in any proceeding arising out of or related to this Agreement.
410    
411     ASIA PACIFIC COUNTRY AMENDMENTS
412    
413     AUSTRALIA:
414    
415     5. Taxes
416    
417     The following sentences replace the first two sentences of Section 5 (Taxes):
418    
419     If any government or authority imposes a duty, tax (other than income tax), levy, or fee, on this Agreement or on the Program itself, that is not otherwise provided for in the amount payable, Licensee agrees to pay it when IBM invoices Licensee. If the rate of GST changes, IBM may adjust the charge or other amount payable to take into account that change from the date the change becomes effective.
420    
421     8.1 Limited Warranty
422    
423     The following is added Subsection 8.1 (Limited Warranty):
424    
425     The warranties specified this Section are in addition to any rights Licensee may have under the Trade Practices Act 1974 or other legislation and are only limited to the extent permitted by the applicable legislation.
426    
427     10.1 Items for Which IBM May be Liable
428    
429     The following is added to Subsection 10.1 (Items for Which IBM Maybe Liable):
430    
431     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 obtained for personal, domestic or household use or consumption, then none of the limitations in this paragraph apply.
432    
433     HONG KONG SAR, MACAU SAR, AND TAIWAN
434    
435     As applies to licenses obtained in Taiwan and the special administrative regions, phrases throughout this Agreement containing the word "country" (for example, "the country in which the original Licensee was granted the license" and "the country in which Licensee obtained the Program license") are replaced with the following:
436    
437     (1) In Hong Kong SAR: "Hong Kong SAR"
438    
439     (2) In Macau SAR: "Macau SAR" except in the Governing Law clause (Section 14.1)
440    
441     (3) In Taiwan: "Taiwan."
442    
443     INDIA
444    
445     10.1 Items for Which IBM May be Liable
446    
447     The following replaces the terms of Items 1 and 2 of the first paragraph:
448    
449     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 Licensee for the individual Program that is the subject of the claim.
450    
451     13. General
452    
453     The following replaces the terms of Item 13.g:
454    
455     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.
456    
457     INDONESIA
458    
459     3.3 Term and Termination
460    
461     The following is added to the last paragraph:
462    
463     Both parties waive the provision of article 1266 of the Indonesian Civil Code, to the extent the article provision requires such court decree for the termination of an agreement creating mutual obligations.
464    
465     JAPAN
466    
467     13. General
468    
469     The following is inserted after Item 13.f:
470    
471     Any doubts concerning this Agreement will be initially resolved between us in good faith and in accordance with the principle of mutual trust.
472    
473     MALAYSIA
474    
475     10.2 Items for Which IBM Is not Liable
476    
477     The word "SPECIAL" in Item 10.2b is deleted.
478    
479     NEW ZEALAND
480    
481     8.1 Limited Warranty
482    
483     The following is added:
484    
485     The warranties specified in this Section are in addition to any rights Licensee may have 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 Licensee requires the goods for the purposes of a business as defined in that Act.
486    
487     10. Limitation of Liability
488    
489     The following is added:
490    
491     Where Programs are not obtained 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.
492    
493     PEOPLE'S REPUBLIC OF CHINA
494    
495     4. Charges
496    
497     The following is added:
498    
499     All banking charges incurred in the People's Republic of China will be borne by Licensee and those incurred outside the People's Republic of China will be borne by IBM.
500    
501     PHILIPPINES
502    
503     10.2 Items for Which IBM Is not Liable
504    
505     The following replaces the terms of Item 10.2b:
506    
507     b. special (including nominal and exemplary damages), moral, incidental, or indirect damages or for any economic consequential damages; or
508    
509     SINGAPORE
510    
511     10.2 Items for Which IBM Is not Liable
512    
513     The words "SPECIAL" and "ECONOMIC" are deleted from Item 10.2b.
514    
515     13. General
516    
517     The following replaces the terms of Item 13.i:
518    
519     Subject to the rights provided to IBM's suppliers and Program developers as provided in Section 10 above (Limitation of Liability), a person who is not a party to this Agreement will have no right under the Contracts (Right of Third Parties) Act to enforce any of its terms.
520    
521     TAIWAN
522    
523     8.1 Limited Warranty
524    
525     The last paragraph is deleted.
526    
527     10.1 Items for Which IBM May Be Liable
528    
529     The following sentences are deleted
530    
531     This limit also applies to any of IBM's subcontractors and Program developers. It is the maximum for which IBM and its subcontractors and Program developers are collectively responsible.
532    
533     EUROPE, MIDDLE EAST, AFRICA (EMEA) COUNTRY AMENDMENTS
534    
535     EUROPEAN UNION MEMBER STATES
536    
537     8. Warranty and Exclusions
538    
539     The following is added to Section 8 (Warranty and Exclusion):
540    
541     In the European Union ("EU"), consumers have legal rights under applicable national legislation governing the sale of consumer goods. Such rights are not affected by the provisions set out in this Section 8 Warranty and Exclusions. The territorial scope of the Limited Warranty is worldwide.
542    
543     EU MEMBER STATES AND THE COUNTRIES IDENTIFIED BELOW
544    
545     Iceland, Liechtenstein, Norway, Switzerland, Turkey, and any other European country that has enacted local data privacy or protection legislation similar to the EU model.
546    
547     13. General
548    
549     The following replaces Item 13.e:
550    
551     (1) Definitions - For the purposes of this Item 13.e, the following additional definitions apply:
552    
553     (a) Business Contact Information - business-related contact information disclosed by Licensee to IBM, including names, job titles, business addresses, telephone numbers and email addresses of Licensee's employees and contractors. For Austria, Italy and Switzerland, Business Contact Information also includes information about Customer and its contractors as legal entities (for example, Customer's revenue data and other transactional information)
554    
555     (b) Business Contact Personnel - Licensee employees and contractors to whom the Business Contact Information relates.
556    
557     (c) Data Protection Authority - the authority established by the Data Protection and Electronic Communications Legislation in the applicable country or, for non-EU countries, the authority responsible for supervising the protection of personal data in that country, or (for any of the foregoing) any duly appointed successor entity thereto.
558    
559     (d) Data Protection & Electronic Communications Legislation - (i) the applicable local legislation and regulations in force implementing the requirements of EU Directive 95/46/EC (on the protection of individuals with regard to the processing of personal data and on the free movement of such data) and of EU Directive 2002/58/EC (concerning the processing of personal data and the protection of privacy in the electronic communications sector); or (ii) for non-EU countries, the legislation and/or regulations passed in the applicable country relating to the protection of personal data and the regulation of electronic communications involving personal data, including (for any of the foregoing) any statutory replacement or modification thereof.
560    
561     (e) IBM Group - International Business Machines Corporation of Armonk, New York, USA, its subsidiaries, and their respective Business Partners and subcontractors.
562    
563     (2) Licensee authorises IBM:
564    
565     (a) to process and use Business Contact Information within IBM Group in support of Licensee including the provision of support services, and for the purpose of furthering the business relationship between Licensee and IBM Group, including, without limitation, contacting Business Contact Personnel (by email or otherwise) and marketing IBM Group products and services (the "Specified Purpose"); and
566    
567     (b) to disclose Business Contact Information to other members of IBM Group in pursuit of the Specified Purpose only.
568    
569     (3) IBM agrees that all Business Contact Information will be processed in accordance with the Data Protection & Electronic Communications Legislation and will be used only for the Specified Purpose.
570    
571     (4) To the extent required by the Data Protection & Electronic Communications Legislation, Licensee represents that (a) it has obtained (or will obtain) any consents from (and has issued (or will issue) any notices to) the Business Contact Personnel as are necessary in order to enable IBM Group to process and use the Business Contact Information for the Specified Purpose.
572    
573     (5) Licensee authorises IBM to transfer Business Contact Information outside the European Economic Area, provided that the transfer is made on contractual terms approved by the Data Protection Authority or the transfer is otherwise permitted under the Data Protection & Electronic Communications Legislation.
574    
575     AUSTRIA
576    
577     8.2 Exclusions
578    
579     The following is deleted from the first paragraph:
580    
581     MERCHANTABILITY, SATISFACTORY QUALITY
582    
583     10. Limitation of Liability
584    
585     The following is added:
586    
587     The following limitations and exclusions of IBM's liability do not apply for damages caused by gross negligence or willful misconduct.
588    
589     10.1 Items for Which IBM May Be Liable
590    
591     The following replaces the first sentence in the first paragraph:
592    
593     Circumstances may arise where, because of a default by IBM in the performance of its obligations under this Agreement or other liability, Licensee is entitled to recover damages from IBM.
594    
595     In the second sentence of the first paragraph, delete entirely the parenthetical phrase:
596    
597     "(including fundamental breach, negligence, misrepresentation, or other contract or tort claim)".
598    
599     10.2 Items for Which IBM Is Not Liable
600    
601     The following replaces Item 10.2b:
602    
603     b. indirect damages or consequential damages; or
604    
605     BELGIUM, FRANCE, ITALY, AND LUXEMBOURG
606    
607     10. Limitation of Liability
608    
609     The following replaces the terms of Section 10 (Limitation of Liability) in its entirety:
610    
611     Except as otherwise provided by mandatory law:
612    
613     10.1 Items for Which IBM May Be Liable
614    
615     IBM's entire liability for all claims in the aggregate 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 (if the Program is subject to fixed term charges, up to twelve months' charges) Licensee paid for the Program that has caused the damages.
616    
617     The above limitation will not apply to damages for bodily injuries (including death) and damages to real property and tangible personal property for which IBM is legally liable.
618    
619     10.2 Items for Which IBM Is Not Liable
620    
621     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, EXEMPLARY OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; AND / OR 3) LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES.
622    
623     10.3 Suppliers and Program Developers
624    
625     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.
626    
627     GERMANY
628    
629     8.1 Limited Warranty
630    
631     The following is inserted at the beginning of Section 8.1:
632    
633     The Warranty Period is twelve months from the date of delivery of the Program to the original Licensee.
634    
635     8.2 Exclusions
636    
637     Section 8.2 is deleted in its entirety and replaced with the following:
638    
639     Section 8.1 defines IBM's entire warranty obligations to Licensee except as otherwise required by applicable statutory law.
640    
641     10. Limitation of Liability
642    
643     The following replaces the Limitation of Liability section in its entirety:
644    
645     a. IBM will be liable without limit for 1) loss or damage caused by a breach of an express guarantee; 2) damages or losses resulting in bodily injury (including death); and 3) damages caused intentionally or by gross negligence.
646    
647     b. In the event of loss, damage and frustrated expenditures caused by slight negligence or in breach of essential contractual obligations, IBM will be liable, regardless of the basis on which Licensee is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), per claim only up to the greater of 500,000 euro or the charges (if the Program is subject to fixed term charges, up to 12 months' charges) Licensee paid for the Program that caused the loss or damage. A number of defaults which together result in, or contribute to, substantially the same loss or damage will be treated as one default.
648    
649     c. In the event of loss, damage and frustrated expenditures caused by slight negligence, IBM will not be liable for indirect or consequential damages, even if IBM was informed about the possibility of such loss or damage.
650    
651     d. In case of delay on IBM's part: 1) IBM will pay to Licensee an amount not exceeding the loss or damage caused by IBM's delay and 2) IBM will be liable only in respect of the resulting damages that Licensee suffers, subject to the provisions of Items a and b above.
652    
653     13. General
654    
655     The following replaces the provisions of 13.g:
656    
657     Any claims resulting from this Agreement are subject to a limitation period of three years, except as stated in Section 8.1 (Limited Warranty) of this Agreement.
658    
659     The following replaces the provisions of 13.i:
660    
661     No right or cause of action for any third party is created by this Agreement, nor is IBM responsible for any third party claims against Licensee, except (to the extent permitted in Section 10 (Limitation of Liability)) for: i) bodily injury (including death); or ii) damage to real or tangible personal property for which (in either case) IBM is legally liable to that third party.
662    
663     IRELAND
664    
665     8.2 Exclusions
666    
667     The following paragraph is added:
668    
669     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 or 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).
670    
671     IRELAND AND UNITED KINGDOM
672    
673     2. Agreement Structure
674    
675     The following sentence is added:
676    
677     Nothing in this paragraph shall have the effect of excluding or limiting liability for fraud.
678    
679     10.1 Items for Which IBM May Be Liable
680    
681     The following replaces the first paragraph of the Subsection:
682    
683     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 Licensee, whether in contract or in tort. A number of Defaults which together result in, or contribute to, substantially the same loss or damage will be treated as one Default.
684    
685     Circumstances may arise where, because of a Default by IBM in the performance of its obligations under this Agreement or other liability, Licensee is entitled to recover damages from IBM. Regardless of the basis on which Licensee is entitled to claim damages from IBM and except as expressly required by law without the possibility of contractual waiver, IBM's entire liability for any one Default will not exceed the amount of any direct damages, to the extent actually suffered by Licensee as an immediate and direct consequence of the default, up to the greater of (1) 500,000 euro (or the equivalent in local currency) or (2) 125% of the charges (if the Program is subject to fixed term charges, up to 12 months' charges) for the Program that is the subject of the claim. Notwithstanding the foregoing, the amount of any damages for bodily injury (including death) and damage to real property and tangible personal property for which IBM is legally liable is not subject to such limitation.
686    
687     10.2 Items for Which IBM is Not Liable
688    
689     The following replaces Items 10.2b and 10.2c:
690    
691     b. special, incidental, exemplary, or indirect damages or consequential damages; or
692    
693     c. wasted management time or lost profits, business, revenue, goodwill, or anticipated savings.
694    
695     Z125-3301-13 (05/2009)
696    
697    
698     NOTICE
699    
700     This document includes License Information documents below for multiple Programs. Each License Information document identifies the Program(s) to which it applies. Only those License Information documents for the Program(s) for which Licensee has acquired entitlements apply.
701    
702    
703     =========================
704    
705    
706     LICENSE INFORMATION
707    
708     The Programs listed below are licensed under the following terms and conditions in addition to those of the International Program License Agreement.
709    
710     Program Name: IBM Lotus Domino Messaging Client Access License 8.5.3
711     Program Number: 5724Z09
712    
713     Supporting Programs
714    
715     The Program is licensed as a multi-product package and includes the Supporting Programs identified below. Licensee is authorized to install and use such Supporting Programs only to support Licensee's use of the Principal Program under this Agreement and within the limits of the Proofs of Entitlement for the Program (unless broader rights are provided elsewhere in this License Information document). The phrase "to support Licensee's use" would include only those uses that are necessary or otherwise directly related to a licensed use of the Principal Program or another Supporting Program. The Supporting Programs may not be used for any other purpose. Licensee is not authorized to transfer or remarket the Supporting Programs separate from the Principal Program. The terms of this Agreement may replace or modify the license terms for the Supporting Programs. In the event of conflict, these terms supersede the terms of the license agreement which accompanies the Supporting Programs. When Licensee's right to use the Program expires or terminates, Licensee must discontinue use, destroy or promptly return all copies of the Supporting Programs to the party from whom Licensee acquired the Program. If Licensee downloaded the Supporting Programs, Licensee should contact the party from whom Licensee acquired the Program. If Licensee wishes to license the Supporting Programs for any use beyond the limits set forth above, please contact an IBM Sales Representative or the party from whom Licensee acquired the Program to obtain the appropriate license.
716    
717     The following are Supporting Programs licensed with the Program:
718     IBM Connections
719     IBM Lotus Expeditor
720     IBM Lotus Notes Traveler
721     IBM Lotus Symphony
722     IBM Sametime Entry
723     IBM Sametime Proxy Server
724    
725    
726     Prohibited Components
727    
728     Notwithstanding any provision in the Agreement, Licensee is not authorized to use any of the following components or functions of the Program:
729     Activities (of IBM Connections)
730     Blogs (of IBM Connections)
731     Bookmarks (of IBM Connections)
732     Communities (of IBM Connections)
733     Forums (of IBM Connections)
734     HomePage (of IBM Connections)
735     Mobile (of IBM Connections)
736     Wikis (of IBM Connections)
737    
738     Redistributables
739    
740     If the Program includes components that are Redistributable, they will be identified in the REDIST file that accompanies the Program. In addition to the license rights granted in the Agreement, Licensee may distribute the Redistributables subject to the following terms:
741     1) Redistribution must be in object code form only and must conform to all directions, instruction and specifications in the Program's accompanying REDIST or documentation;
742     2) If the Program's accompanying documentation expressly allows Licensee to modify the Redistributables, such modification must conform to all directions, instruction and specifications in that documentation and these modifications, if any, must be treated as Redistributables;
743     3) Redistributables may be distributed only as part of Licensee's application that was developed using the Program ("Licensee's Application") and only to support Licensee's customers in connection with their use of Licensee's Application. Licensee's Application must constitute significant value add such that the Redistributables are not a substantial motivation for the acquisition by end users of Licensee's software product;
744     4) If the Redistributables include a Java Runtime Environment, Licensee must also include other non-Java Redistributables with Licensee's Application, unless the Application is designed to run only on general computer devices (for example, laptops, desktops and servers) and not on handheld or other pervasive devices (i.e., devices that contain a microprocessor but do not have computing as their primary purpose);
745     5) Licensee may not remove any copyright or notice files contained in the Redistributables;
746     6) Licensee must hold IBM, its suppliers or distributors harmless from and against any claim arising out of the use or distribution of Licensee's Application;
747     7) Licensee may not use the same path name as the original Redistributable files/modules;
748     8) Licensee may not use IBM's, its suppliers or distributors names or trademarks in connection with the marketing of Licensee's Application without IBM's or that supplier's or distributor's prior written consent;
749     9) IBM, its suppliers and distributors provide the Redistributables and related documentation without obligation of support and "AS IS", WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
750     10) Licensee is responsible for all technical assistance for Licensee's Application and any modifications to the Redistributables; and
751     11) Licensee's license agreement with the end user of Licensee's Application must notify the end user that the Redistributables or their modifications may not be i) used for any purpose other than to enable Licensee's Application, ii) copied (except for backup purposes), iii) further distributed or transferred without Licensee's Application or iv) reverse assembled, reverse compiled, or otherwise translated except as specifically permitted by law and without the possibility of a contractual waiver. Furthermore, Licensee's license agreement must be at least as protective of IBM as the terms of this Agreement.
752    
753     Source Components and Sample Materials
754    
755     The Program may include some components in source code form ("Source Components") and other materials identified as Sample Materials. Licensee may copy and modify Source Components and Sample Materials for internal use only provided such use is within the limits of the license rights under this Agreement, provided however that Licensee may not alter or delete any copyright information or notices contained in the Source Components or Sample Materials. IBM provides the Source Components and Sample Materials without obligation of support and "AS IS", WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
756    
757     For Source Components and Sample Materials listed in a Program's REDIST file, Licensee may redistribute modified versions of those Source Components or Sample Materials consistent with the terms of this license and any instructions in the REDIST file.
758    
759     Export and Import Restrictions
760    
761     This Program may contain cryptography. Transfer to, or use by, users of the Program may be prohibited or subject to export or import laws, regulations or policies, including those of the United States Export Administration Regulations. Licensee assumes all responsibility for complying with all applicable laws, regulations, and policies regarding the export, import, or use of this Program, including but not limited to, U.S. restrictions on exports or reexports. To obtain the export classification of this Program refer to: https://www.ibm.com/products/exporting/.
762    
763     Authorized User
764    
765     Authorized User is a unit of measure by which the Program can be licensed. An Authorized User is a unique person who is given access to the Program. The Program may be installed on any number of computers or servers and each Authorized User may have simultaneous access to any number of instances of the Program at one time. Licensee must obtain separate, dedicated entitlements for each Authorized User given access to the Program in any manner directly or indirectly (for example: via a multiplexing program, device, or application server) through any means. An entitlement for an Authorized User is unique to that Authorized User and may not be shared, nor may it be reassigned other than for the permanent transfer of the Authorized User entitlement to another person.
766    
767     Program-unique Terms
768    
769     Multi Product Install Image
770    
771     The Program is provided as part of a multi-product install image. Licensee is authorized to install and use only the Program (and its Supporting Programs, if any) for which an valid entitlement is obtained and may not install or use any of the other software included in the image unless Licensee has acquired separate entitlements for that other software.
772    
773     Third Party Data and Services
774    
775     The Program may contain links to or be able to be used to access third party data services, databases, web services, software, or other third party content (all, "content"). Access to this content is provided "as-is", without any warranty or guarantee on IBM's part, and can be terminated by the relevant third party at its sole discretion at any time. Licensee may be required to enter into a separate agreement with the third party for the access to or use of such content. IBM is not a party to any such separate agreement and as an express condition of this license Licensee agrees to comply with the terms of such separate agreement. To the extent that IBM has provided any warranty in respect of the Program, that IBM warranty does not apply to any such content.
776    
777     If Licensee uses the Google Desktop Search feature of the Program, Licensee must review and agree to be bound by the Terms and Conditions set forth at http://desktop.google.com/eula.html. If Licensee places Google Gadgets on web pages through Licensee's use of the Program, Licensee must review and agree to be bound by the Syndicated Google Gadgets Terms of Service for Webmasters set forth at http://www.google.com/webmasters/gadgets/terms.html.
778    
779     If Licensee uses the Google Web Search feature of the Program, Licensee acknowledges that Google, Inc., owns all right, title and interest, including without limitation all intellectual property rights, in and to the Google Web Search Service (including Google's search engine technology and Google brand features, and excluding items licensed by Google from third parties), and that Licensee does not acquire any right, title, or interest in or to the Google Web Search Service (including Google's search engine technology and Google brand features) by using this feature.
780    
781     If Licensee uses the Yahoo! Web Search feature of the Program, Licensee must review and agree to be bound by the Terms of Service set forth at: http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html. If Licensee uses the Yahoo! Web Search feature of the Program in a country other the United States, Licensee must review and agree to be bound by the Terms of Service applicable to such country set forth at http://world.yahoo.com/.
782    
783     Permitted Components
784    
785     Notwithstanding any provision in the Agreement, Licensee is permitted to use only the following components or functions of the identified Supporting Program:
786    
787     - Presence and instant messaging capabilities (of Lotus Sametime Entry), but only with a single Sametime community (a "community" is a shared directory, or set of directories, that lists the Authorized Users and groups within Licensee's enterprise on one or more IBM Lotus Sametime servers that each have access to the shared directory or set of directories) and only when utilized within the IBM Lotus Notes client or the IBM Lotus iNotes environment.
788     - Chat logging service provider interface (of Lotus Sametime Entry).
789     - Plug-ins for integration with Microsoft applications (of Lotus Sametime Entry).
790     - Web chat client (of Sametime Proxy Server), but only when utilized within the IBM Lotus iNotes environment.
791    
792     Licensees of IBM Lotus Domino Messaging Client Access License are authorized to access an IBM Lotus Domino Server via:
793    
794     a) a standards-based (Post Office Protocol "POP" or Internet Message Access Protocol "IMAP") client and/or Web browser, or
795    
796     b) IBM Lotus Notes and IBM Lotus iNotes.
797    
798     Licensee's authorized use of the Program includes rights to use IBM Lotus Notes only for email, and Personal Information Manager data, for exclusive use with the following templates that are included in or provided with the Program: Messaging/Calendar & Scheduling, Personal Directory, Personal Journal, Discussion, and Document Libraries, and not for any other purpose.
799    
800    
801     D/N: L-GHUS-8EHK63
802     P/N: CT64RML
803    
804     =========================
805    
806    
807     LICENSE INFORMATION
808    
809     The Programs listed below are licensed under the following terms and conditions in addition to those of the International Program License Agreement.
810    
811     Program Name: IBM Lotus Domino Enterprise Client Access License 8.5.3
812     Program Number: 5724Z08
813    
814     Multi-Product Install Image
815    
816     The Program is provided as part of a multi-product install image. Licensee is authorized to install and use only the Program (and its Supporting Programs, if any) for which a valid entitlement is obtained and may not install or use any of the other software included in the image unless Licensee has acquired separate entitlements for that other software.
817    
818     Supporting Programs
819    
820     The Program is licensed as a multi-product package and includes the Supporting Programs identified below. Licensee is authorized to install and use such Supporting Programs only to support Licensee's use of the Principal Program under this Agreement and within the limits of the Proofs of Entitlement for the Program (unless broader rights are provided elsewhere in this License Information document). The phrase "to support Licensee's use" would include only those uses that are necessary or otherwise directly related to a licensed use of the Principal Program or another Supporting Program. The Supporting Programs may not be used for any other purpose. Licensee is not authorized to transfer or remarket the Supporting Programs separate from the Principal Program. The terms of this Agreement may replace or modify the license terms for the Supporting Programs. In the event of conflict, these terms supersede the terms of the license agreement which accompanies the Supporting Programs. When Licensee's right to use the Program expires or terminates, Licensee must discontinue use, destroy or promptly return all copies of the Supporting Programs to the party from whom Licensee acquired the Program. If Licensee downloaded the Supporting Programs, Licensee should contact the party from whom Licensee acquired the Program. If Licensee wishes to license the Supporting Programs for any use beyond the limits set forth above, please contact an IBM Sales Representative or the party from whom Licensee acquired the Program to obtain the appropriate license.
821    
822     The following are Supporting Programs licensed with the Program:
823     IBM Connections
824     IBM Lotus Domino Designer
825     IBM Lotus Domino Global Workbench
826     IBM Lotus Expeditor
827     IBM Lotus Mobile Connect Client
828     IBM Lotus Notes Traveler
829     IBM Lotus Symphony
830     IBM Sametime Entry
831     IBM Sametime Proxy Server
832    
833     Prohibited Components
834    
835     Notwithstanding any provision in the Agreement, Licensee is not authorized to use any of the following components or functions of the Program:
836     Activities (of IBM Connections)
837     Blogs (of IBM Connections)
838     Bookmarks (of IBM Connections)
839     Communities (of IBM Connections)
840     Forums (of IBM Connections)
841     HomePage (of IBM Connections)
842     Mobile (of IBM Connections)
843     Wikis (of IBM Connections)
844    
845     Redistributables
846    
847     If the Program includes components that are Redistributable, they will be identified in the REDIST file that accompanies the Program. In addition to the license rights granted in the Agreement, Licensee may distribute the Redistributables subject to the following terms:
848     1) Redistribution must be in object code form only and must conform to all directions, instruction and specifications in the Program's accompanying REDIST or documentation;
849     2) If the Program's accompanying documentation expressly allows Licensee to modify the Redistributables, such modification must conform to all directions, instruction and specifications in that documentation and these modifications, if any, must be treated as Redistributables;
850     3) Redistributables may be distributed only as part of Licensee's application that was developed using the Program ("Licensee's Application") and only to support Licensee's customers in connection with their use of Licensee's Application. Licensee's Application must constitute significant value add such that the Redistributables are not a substantial motivation for the acquisition by end users of Licensee's software product;
851     4) If the Redistributables include a Java Runtime Environment, Licensee must also include other non-Java Redistributables with Licensee's Application, unless the Application is designed to run only on general computer devices (for example, laptops, desktops and servers) and not on handheld or other pervasive devices (i.e., devices that contain a microprocessor but do not have computing as their primary purpose);
852     5) Licensee may not remove any copyright or notice files contained in the Redistributables;
853     6) Licensee must hold IBM, its suppliers or distributors harmless from and against any claim arising out of the use or distribution of Licensee's Application;
854     7) Licensee may not use the same path name as the original Redistributable files/modules;
855     8) Licensee may not use IBM's, its suppliers or distributors names or trademarks in connection with the marketing of Licensee's Application without IBM's or that supplier's or distributor's prior written consent;
856     9) IBM, its suppliers and distributors provide the Redistributables and related documentation without obligation of support and "AS IS", WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
857     10) Licensee is responsible for all technical assistance for Licensee's Application and any modifications to the Redistributables; and
858     11) Licensee's license agreement with the end user of Licensee's Application must notify the end user that the Redistributables or their modifications may not be i) used for any purpose other than to enable Licensee's Application, ii) copied (except for backup purposes), iii) further distributed or transferred without Licensee's Application or iv) reverse assembled, reverse compiled, or otherwise translated except as specifically permitted by law and without the possibility of a contractual waiver. Furthermore, Licensee's license agreement must be at least as protective of IBM as the terms of this Agreement.
859    
860     Source Components and Sample Materials
861    
862     The Program may include some components in source code form ("Source Components") and other materials identified as Sample Materials. Licensee may copy and modify Source Components and Sample Materials for internal use only provided such use is within the limits of the license rights under this Agreement, provided however that Licensee may not alter or delete any copyright information or notices contained in the Source Components or Sample Materials. IBM provides the Source Components and Sample Materials without obligation of support and "AS IS", WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
863    
864     For Source Components and Sample Materials listed in a Program's REDIST file, Licensee may redistribute modified versions of those Source Components or Sample Materials consistent with the terms of this license and any instructions in the REDIST file.
865    
866     Export and Import Restrictions
867    
868     This Program may contain cryptography. Transfer to, or use by, users of the Program may be prohibited or subject to export or import laws, regulations or policies, including those of the United States Export Administration Regulations. Licensee assumes all responsibility for complying with all applicable laws, regulations, and policies regarding the export, import, or use of this Program, including but not limited to, U.S. restrictions on exports or reexports. To obtain the export classification of this Program refer to: https://www.ibm.com/products/exporting/.
869    
870     Authorized User
871    
872     Authorized User is a unit of measure by which the Program can be licensed. An Authorized User is a unique person who is given access to the Program. The Program may be installed on any number of computers or servers and each Authorized User may have simultaneous access to any number of instances of the Program at one time. Licensee must obtain separate, dedicated entitlements for each Authorized User given access to the Program in any manner directly or indirectly (for example: via a multiplexing program, device, or application server) through any means. An entitlement for an Authorized User is unique to that Authorized User and may not be shared, nor may it be reassigned other than for the permanent transfer of the Authorized User entitlement to another person.
873    
874     Program-unique Terms
875    
876     Third Party Data and Services
877    
878     The Program may contain links to or be able to be used to access third party data services, databases, web services, software, or other third party content (all, "content"). Access to this content is provided "as-is", without any warranty or guarantee on IBM's part, and can be terminated by the relevant third party at its sole discretion at any time. Licensee may be required to enter into a separate agreement with the third party for the access to or use of such content. IBM is not a party to any such separate agreement and as an express condition of this license Licensee agrees to comply with the terms of such separate agreement. To the extent that IBM has provided any warranty in respect of the Program, that IBM warranty does not apply to any such content.
879    
880     If Licensee uses the Google Desktop Search feature of the Program, Licensee must review and agree to be bound by the Terms and Conditions set forth at http://desktop.google.com/eula.html. If Licensee places Google Gadgets on web pages through Licensee's use of the Program, Licensee must review and agree to be bound by the Syndicated Google Gadgets Terms of Service for Webmasters set forth at http://www.google.com/webmasters/gadgets/terms.html.
881    
882     If Licensee uses the Google Web Search feature of the Program, Licensee acknowledges that Google, Inc., owns all right, title and interest, including without limitation all intellectual property rights, in and to the Google Web Search Service (including Google's search engine technology and Google brand features, and excluding items licensed by Google from third parties), and that Licensee does not acquire any right, title, or interest in or to the Google Web Search Service (including Google's search engine technology and Google brand features) by using this feature.
883    
884     If Licensee uses the Yahoo! Web Search feature of the Program, Licensee must review and agree to be bound by the Terms of Service set forth at: http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html. If Licensee uses the Yahoo! Web Search feature of the Program in a country other the United States, Licensee must review and agree to be bound by the Terms of Service applicable to such country set forth at http://world.yahoo.com/.
885    
886     Permitted Components
887    
888     Notwithstanding any provision in the Agreement, Licensee is permitted to use only the following components or functions of the identified Supporting Program:
889    
890     - Presence and instant messaging capabilities (of Lotus Sametime Entry), but only with a single Sametime community (a "community" is a shared directory, or set of directories, that lists the Authorized Users and groups within Licensee's enterprise on one or more IBM Lotus Sametime servers that each have access to the shared directory or set of directories) and only when utilized within the IBM Lotus Notes client or the IBM Lotus iNotes environment.
891    
892     - Chat logging service provider interface (of Lotus Sametime Entry).
893    
894     - Plug-ins for integration with Microsoft applications (of Lotus Sametime Entry).
895    
896     - Web chat client (of Sametime Proxy Server), but only when utilized within the IBM Lotus iNotes environment.
897    
898     Licensees of the Program are authorized to access an IBM Lotus Domino Server via:
899    
900     a) a standards-based (Post Office Protocol "POP" or Internet Message Access Protocol "IMAP") client and/or Web browser, or
901    
902     b) IBM Lotus Notes and IBM Lotus iNotes.
903    
904    
905     D/N: L-GHUS-8EHKAB
906     P/N: CT64SML
907    
908     =========================
909    
910    
911     LICENSE INFORMATION
912    
913     The Programs listed below are licensed under the following terms and conditions in addition to those of the International Program License Agreement.
914    
915     Program Name: IBM Lotus Domino Designer 8.5.3
916     Program Number: 5724Z08
917    
918     Multi-Product Install Image
919    
920     The Program is provided as part of a multi-product install image. Licensee is authorized to install and use only the Program (and its Supporting Programs, if any) for which a valid entitlement is obtained and may not install or use any of the other software included in the image unless Licensee has acquired separate entitlements for that other software.
921    
922     Limited Use Program
923    
924     This Program is supplied only for use with Named Program(s) identified below or their successors. Licensee is prohibited from using this Program in connection with any other software.
925    
926     Named Program(s):
927     IBM Lotus Domino Enterprise Client Access License
928    
929     Export and Import Restrictions
930    
931     This Program may contain cryptography. Transfer to, or use by, users of the Program may be prohibited or subject to export or import laws, regulations or policies, including those of the United States Export Administration Regulations. Licensee assumes all responsibility for complying with all applicable laws, regulations, and policies regarding the export, import, or use of this Program, including but not limited to, U.S. restrictions on exports or reexports. To obtain the export classification of this Program refer to: https://www.ibm.com/products/exporting/.
932    
933     Program-unique Terms
934    
935     Multi Product Install Image
936    
937     The Program is provided as part of a multi-product install image. Licensee is authorized to install and use only the Program (and its Supporting Programs, if any) for which an valid entitlement is obtained and may not install or use any of the other software included in the image unless Licensee has acquired separate entitlements for that other software.
938    
939     Third Party Data and Services
940    
941     The Program may contain links to or be used to access third party data services, databases, web services, software, or other third party content (all, "content"). Access to this content is provided "AS-IS", WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, on IBM's part, and can be terminated by the relevant third parties at their sole discretion at any time. Licensee may be required to enter into separate agreements with the third parties for the access to or use of such content. IBM is not a party to any such separate agreements and as an express condition of this license Licensee agrees to comply with the terms of such separate agreements.
942    
943     If Licensee uses the Google Desktop Search feature of the Program, Licensee must review and agree to be bound by the Terms and Conditions set forth at http://desktop.google.com/eula.html. If Licensee places Google Gadgets on web pages through Licensee's use of the Program, Licensee must review and agree to be bound by the Syndicated Google Gadgets Terms of Service for Webmasters set forth at http://www.google.com/webmasters/gadgets/terms.html.
944    
945     If Licensee uses the Google Web Search feature of the Program, Licensee acknowledges that Google, Inc., owns all right, title and interest, including without limitation all intellectual property rights, in and to the Google Web Search Service (including Google's search engine technology and Google brand features, and excluding items licensed by Google from third parties), and that Licensee does not acquire any right, title, or interest in or to the Google Web Search Service (including Google's search engine technology and Google brand features) by using this feature.
946    
947     If Licensee uses the Yahoo! Web Search feature of the Program, Licensee must review and agree to be bound by the Terms of Service set forth at: http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html. If Licensee uses the Yahoo! Web Search feature of the Program in a country other the United States, Licensee must review and agree to be bound by the Terms of Service applicable to such country set forth at http://world.yahoo.com/.
948    
949     Licensee's authorized use of the Program includes the right to create or modify IBM Lotus Notes applications.
950    
951    
952     D/N: L-GHUS-8EHKDH
953     P/N: CT64TML

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