IBM PROGRAM LICENSE AGREEMENT
THE DEVICE YOU HAVE PURCHASED CONTAINS ONE OR MORE SOFTWARE PROGRAMS ("PRO-
GRAMS") WHICH BELONG TO INTERNATIONAL BUSINESS MACHINES CORPORATION ("IBM"). THIS DO-
CUMENT DEFINES THE TERMS AND CONDITIONS UNDER WHICH THE SOFTWARE IS BEING LICENSED
TO YOU BY IBM. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENSE, THEN
WITHIN 14 DAYS AFTER YOUR ACQUISITION OF THE DEVICE YOU MAY RETURN THE DEVICE FOR A
FULL REFUND. IF YOU DO NOT SO RE-TURN THE DEVICE WITHIN THE 14 DAYS, THEN YOU WILL BE
ASSUMED TO HAVE AGREED TO THESE TERMS AND CONDITIONS.
The Programs are licensed not sold. IBM, or the applicable IBM country organization, grants you a license for the
Programs only in the country where you acquired the Programs. You obtain no rights other than those granted
you under this license.
The term "Programs" means the original and all whole or partial copies of it, including modified copies or portions
merged into other programs. IBM retains title to the Programs. IBM owns, or has licensed from the owner, copy-
rights in the Programs.
1. License
Under this license, you may use the Programs only with the device on which they are installed and transfer pos-
session of the Programs and the device to another party.
If you transfer the Programs, you must transfer a copy of this license and any other documentation to the other
party. Your license is then terminated. The other party agrees to these terms and conditions by its first use of the
Program.
You may not:
1) use, copy, modify, merge, or transfer copies of the Program except as provided in this license;
2) reverse assemble or reverse compile the Program;
3) or sublicense, rent, lease, or assign the Program.
2. Limited Warranty
The Programs are provided "AS IS".
THERE ARE NO OTHER WARRANTIES COVERING THE PROGRAMS (OR CONDITIONS), EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
SUPPLEMENT TO AGREEMENT FOR SOFTWARE BUNDLING AND DISTRIBUTION FOR ALDC
3. Limitation of Remedies
IBM's entire liability under this license is the following;
1)
For any claim (including fundamental breach), in any form, related in any way to this license, IBM's liability
will be for actual damages only and will be limited to the greater of:
a) the equivalent of U.S.$ 25,000 in your local currency; or
b) IBM's then generally available license fee for the Program
This limitation will not apply to claims for bodily injury or damages to real or tangible personal property for which
IBM is legally liable.