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Revision 1.2 - (show annotations) (download)
Wed Jun 18 11:16:00 2014 UTC (5 years, 9 months ago) by haubi
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licenses: ibm-jdk-bin has IBM-J7.1 for Linux, and IBM-J7.AIX; drop IBM-J7.0

1 International License Agreement for Non-Warranted Programs
2
3 Part 1 - General Terms
4
5 BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, CLICKING ON AN "ACCEPT"
6 BUTTON, OR OTHERWISE USING THE PROGRAM, LICENSEE AGREES TO THE TERMS OF THIS
7 AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF LICENSEE, YOU
8 REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND LICENSEE TO THESE
9 TERMS. IF YOU DO NOT AGREE TO THESE TERMS,
10
11 * DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, CLICK ON AN "ACCEPT" BUTTON, OR
12 * USE THE PROGRAM; AND
13
14 * PROMPTLY RETURN THE UNUSED MEDIA AND DOCUMENTATION TO THE PARTY FROM WHOM
15 * IT WAS OBTAINED FOR A REFUND OF THE AMOUNT PAID. IF THE PROGRAM WAS
16 * DOWNLOADED, DESTROY ALL COPIES OF THE PROGRAM.
17
18 1. Definitions
19
20 "Authorized Use" - the specified level at which Licensee is authorized to
21 execute or run the Program. That level may be measured by number of users,
22 millions of service units ("MSUs"), Processor Value Units ("PVUs"), or other
23 level of use specified by IBM.
24
25 "IBM" - International Business Machines Corporation or one of its
26 subsidiaries.
27
28 "License Information" ("LI") - a document that provides information and any
29 additional terms specific to a Program. The Program's LI is available at
30 www.ibm.com/software/sla. The LI can also be found in the Program's
31 directory, by the use of a system command, or as a booklet included with the
32 Program.
33
34 "Program" - the following, including the original and all whole or partial
35 copies: 1) machine-readable instructions and data, 2) components, files, and
36 modules, 3) audio-visual content (such as images, text, recordings, or
37 pictures), and 4) related licensed materials (such as keys and
38 documentation).
39
40 2. Agreement Structure
41
42 This Agreement includes Part 1 - General Terms, Part 2 - Country-unique
43 Terms (if any) and the LI and is the complete agreement between Licensee and
44 IBM regarding the use of the Program. It replaces any prior oral or written
45 communications between Licensee and IBM concerning Licensee's use of the
46 Program. The terms of Part 2 may replace or modify those of Part 1. To the
47 extent of any conflict, the LI prevails over both Parts.
48
49 3. License Grant
50
51 The Program is owned by IBM or an IBM supplier, and is copyrighted and
52 licensed, not sold.
53
54 IBM grants Licensee a nonexclusive license to 1) use the Program up to the
55 Authorized Use specified in the invoice, 2) make and install copies to
56 support such Authorized Use, and 3) make a backup copy, all provided that
57
58 a. Licensee has lawfully obtained the Program and complies with the terms of
59 this Agreement;
60
61 b. the backup copy does not execute unless the backed-up Program cannot
62 execute;
63
64 c. Licensee reproduces all copyright notices and other legends of ownership
65 on each copy, or partial copy, of the Program;
66
67 d. Licensee ensures that anyone who uses the Program (accessed either
68 locally or remotely) 1) does so only on Licensee's behalf and 2) complies
69 with the terms of this Agreement;
70
71 e. Licensee does not 1) use, copy, modify, or distribute the Program except
72 as expressly permitted in this Agreement; 2) reverse assemble, reverse
73 compile, otherwise translate, or reverse engineer the Program, except as
74 expressly permitted by law without the possibility of contractual waiver; 3)
75 use any of the Program's components, files, modules, audio-visual content,
76 or related licensed materials separately from that Program; or 4)
77 sublicense, rent, or lease the Program; and
78
79 f. if Licensee obtains this Program as a Supporting Program, Licensee uses
80 this Program only to support the Principal Program and subject to any
81 limitations in the license to the Principal Program, or, if Licensee obtains
82 this Program as a Principal Program, Licensee uses all Supporting Programs
83 only to support this Program, and subject to any limitations in this
84 Agreement. For purposes of this Item "f," a "Supporting Program" is a
85 Program that is part of another IBM Program ("Principal Program") and
86 identified as a Supporting Program in the Principal Program's LI. (To obtain
87 a separate license to a Supporting Program without these restrictions,
88 Licensee should contact the party from whom Licensee obtained the Supporting
89 Program.)
90
91 This license applies to each copy of the Program that Licensee makes.
92
93 3.1 Trade-ups, Updates, Fixes, and Patches
94
95 3.1.1 Trade-ups
96
97 If the Program is replaced by a trade-up Program, the replaced Program's
98 license is promptly terminated.
99
100 3.1.2 Updates, Fixes, and Patches
101
102 When Licensee obtains an update, fix, or patch to a Program, Licensee
103 accepts any additional or different terms that are applicable to such
104 update, fix, or patch that are specified in its LI. If no additional or
105 different terms are provided, then the update, fix, or patch is subject
106 solely to this Agreement. If the Program is replaced by an update, Licensee
107 agrees to promptly discontinue use of the replaced Program.
108
109 3.2 Fixed Term Licenses
110
111 If IBM licenses the Program for a fixed term, Licensee's license is
112 terminated at the end of the fixed term, unless Licensee and IBM agree to
113 renew it.
114
115 3.3 Term and Termination
116
117 This Agreement is effective until terminated.
118
119 IBM may terminate Licensee's license if Licensee fails to comply with the
120 terms of this Agreement.
121
122 If the license is terminated for any reason by either party, Licensee agrees
123 to promptly discontinue use of and destroy all of Licensee's copies of the
124 Program. Any terms of this Agreement that by their nature extend beyond
125 termination of this Agreement remain in effect until fulfilled, and apply to
126 both parties' respective successors and assignees.
127
128 4. Charges
129
130 Charges, if any, are based on Authorized Use obtained, which is specified in
131 the invoice. IBM does not give credits or refunds for charges already due or
132 paid, except as specified elsewhere in this Agreement.
133
134 If Licensee wishes to increase its Authorized Use, Licensee must notify IBM
135 or an authorized IBM reseller in advance and pay any applicable charges.
136
137 5. Taxes
138
139 If any authority imposes on the Program a duty, tax, levy, or fee, excluding
140 tdistributables
141
142 If the Program includes components that are Redistributable, they will be
143 identified in the REDIST file that accompanies the Program. In addition to
144 the license rights granted in the Agreement, Licensee may distribute the
145 Redistributables subject to the following terms:
146
147 1) Redistribution must be in object code form only and must conform to all
148 directions, instruction and specifications in the Program's accompanying
149 REDIST or documentation;
150
151 2) If the Program's accompanying documentation expressly allows Licensee to
152 modify the Redistributables, such modification must conform to all
153 directions, instruction and specifications in that documentation and these
154 modifications, if any, must be treated as Redistributables;
155
156 3) Redistributables may be distributed only as part of Licensee's
157 application that was developed using the Program ("Licensee's Application")
158 and only to support Licensee's customers in connection with their use of
159 Licensee's Application. Licensee's Application must constitute significant
160 value add such that the Redistributables are not a substantial motivation
161 for the acquisition by end users of Licensee's software product;
162
163 4) If the Redistributables include a Java Runtime Environment, Licensee must
164 also include other non-Java Redistributables with Licensee's Application,
165 unless the Application is designed to run only on general computer devices
166 (for example, laptops, desktops and servers) and not on handheld or other
167 pervasive devices (i.e., devices that contain a microprocessor but do not
168 have computing as their primary purpose);
169
170 5) Licensee may not remove any copyright or notice files contained in the
171 Redistributables;
172
173 6) Licensee must hold IBM, its suppliers or distributors harmless from and
174 against any claim arising out of the use or distribution of Licensee's
175 Application;
176
177 7) Licensee may not use the same path name as the original Redistributable
178 files/modules;
179
180 8) Licensee may not use IBM's, its suppliers or distributors names or
181 trademarks in connection with the marketing of Licensee's Application
182 without IBM's or that supplier's or distributor's prior written consent;
183
184 9) IBM, its suppliers and distributors provide the Redistributables and
185 related documentation without obligation of support and "AS IS", WITH NO
186 WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF
187 TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE AND THE IMPLIED WARRANTIES AND
188 CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
189
190 10) Licensee is responsible for all technical assistance for Licensee's
191 Application and any modifications to the Redistributables; and
192
193 11) Licensee's license agreement with the end user of Licensee's Application
194 must notify the end user that the Redistributables or their modifications
195 may not be i) used for any purpose other than to enable Licensee's
196 Application, ii) copied (except for backup purposes), iii) further
197 distributed or transferred without Licensee's Application or iv) reverse
198 assembled, reverse compiled, or otherwise translated except as specifically
199 permitted by law and without the possibility of a contractual waiver.
200 Furthermore, Licensee's license agreement must be at least as protective of
201 IBM as the terms of this Agreement.
202
203 Program-unique Terms
204
205 1. GENERAL
206
207 a) Where the Program has been provided to Licensee separately by IBM, it is
208 provided at no charge.
209
210 b) The Program consists of binary code that executes on the operating
211 system(s) specified in Readme files that accompany the Program.
212
213 D/N: L-HKUR-8LEAPC
214
215 P/N: L-HKUR-8LEAPC

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