International License Agreement for Non-Warranted Programs
Technology Description

Here a description of the technology is given.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. THE COMPANY WILL LICENSE THE PROGRAM TO YOU ONLY IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. BY USING THE PROGRAM YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED PROGRAM TO THE PARTY (EITHER THE COMPANY OR ITS RESELLER) FROM WHOM YOU ACQUIRED IT.

This Agreement includes Part 1 - General Terms and Part 2 - Country-unique Terms and is the complete agreement regarding the use of this Program, and replaces any prior oral or written communications between You and IBM. The terms of Part 2 may replace or modify those of Part 1.

Part 1 - General Terms

The Program is owned by IBM or one of its subsidiaries or a supplier of IBM, and is copyrighted and licensed, not sold. The term "Program" means the original program and all whole or partial copies of it. A Program consists of machine-readable instructions, its components, data, audio-visual content (such as images, text, recordings, or pictures), and related licensed materials.

License

Subject to the terms and conditions of this Agreement, IBM grants You a world-wide, non-exclusive license to download, reproduce, execute, display, perform, copy, modify, distribute the Program and derivative works thereof.

You will ensure that anyone who uses the Program or derivative works thereof does so only in compliance with the terms of this Agreement. You may not use the Program except as provided in this Agreement or sublicense, rent, or lease the Program.

In return You grant IBM a world-wide, non-exclusive, irrevocable, cost-free license to download, reproduce, execute, display, perform, copy, modify, distribute Your derivative works of the Program, said license including the right to sublicense it to subsidiaries, affiliates and third parties and for those to sublicense it to others.

No Warranty

SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, THE COMPANY MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PROGRAM OR TECHNICAL SUPPORT, IF ANY. THE COMPANY MAKES NO WARRANTY REGARDING THE CAPABILITY OF THE PROGRAM TO CORRECTLY PROCESS, PROVIDE AND/OR RECEIVE DATE DATA WITHIN AND BETWEEN THE 20TH AND 21ST CENTURIES.

The exclusion also applies to any of IBM's subcontractors, suppliers, or program developers (collectively called "Suppliers"). Manufacturers, suppliers, or publishers of Programs not from IBM may provide their own warranties.

Limitation of Liability

NEITHER THE COMPANY NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

Export Regulations

US and other countries Export-Regulations impose certain restrictions concerning technical data and commodities exported from the United States and other countries respectively. In order for IBM to maintain a normal flow of information under these regulations for this Agreement, You assure to IBM that You and any of Your agents or employees will not re-export to, provide to, or discuss with others, any IBM information, specifications, drawings, software, data, or any product of such data contrary to US and other countries Export-Regulations to any country specified as a prohibited destination in these Regulations without first obtaining the necessary licenses. The United States embassy will assist You with information on US Export Regulation issues; Your country government will assist with reference to Your countries regulations.

Notices to be attached to the Program

You will reproduce the following copyright notice, license-and-use notice, legend of ownership and warranty disclaimer on each copy, or partial copy of the Program or derivative work thereof.

Copyright Notice

Copyright International Business Machines Corporation, 2000

License and Use Notice

This Program is licensed under a written license agreement and may only be used subject to the conditions of this written license agreement.

Legend of Ownership

All title, ownership and rights to the Program remain with IBM, irrespective of the ownership of the media on which the Program resides.

Warranty Disclaimer

This Program is provided on an "as is" basis without warranty of any kind, either expressed or implied, including but not limited to implied warranties of fitness for a particular purpose. IBM does not warrant that the functions contained in this program will meet the user's requirements or that the operation of this program will be uninterrupted or error-free. Acceptance and use of this program constitutes the user's understanding that he will have no recourse to IBM for any actual or consequential damages arising out of the use or inability to use this program. Even if the user of this program informs IBM of the possibility of such damages, IBM expects the user of this program to accept the risk of any harm arising out of the use of this program, or the user shall not attempt to use this program for any purpose. IBM is under no obligation to maintain, correct, update, change, modify, or otherwise support this Program.

This Program has not been tested for Year-2000- or Euro-readiness and is not Year-2000- or Euro-ready.

IBM considers a product to be "Year-2000-ready" if the product, when used in accordance with its associated documentation, is capable of correctly processing, providing, and/or receiving date data within and between the 20th and 21st centuries, provided all other products (for example, software, hardware, and firmware) used with the product properly exchange accurate date data with it.

IBM considers a product to be "Euro-ready" if the product, when used in accordance with its associated documentation, is capable of correctly processing monetary data in the Euro denomination, respecting the Euro currency formatting conventions (including the Euro symbol). This assumes that all other products (i.e. hardware, software, firmware etc) that are used with this product are also Euro-ready.

General terms and conditions

Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.

IBM may terminate Your license if You fail to comply with the terms of this Agreement. If IBM does so, You must immediately destroy the Program and all copies You made of it. You agree to comply with applicable export laws and regulations.

Neither You nor IBM will bring a legal action under this Agreement more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation.

Neither You nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control.

IBM does not provide program services or technical support, unless IBM specifies otherwise.

The laws of the country in which You acquire the Program govern this Agreement, except 1) in Australia, the laws of the State or Territory in which the transaction is performed govern this Agreement; 2) in Albania, Armenia, Belarus, Bosnia/Herzegovina, Bulgaria, Croatia, Czech Republic, Federal Republic of Yugoslavia, Georgia, Hungary, Kazakhstan, Kirghizia, Former Yugoslav Republic of Macedonia (FYROM), Moldova, Poland, Romania, Russia, Slovak Republic, Slovenia, and Ukraine, the laws of Austria govern this Agreement; 3) in the United Kingdom, all disputes relating to this Agreement will be governed by English Law and will be submitted to the exclusive jurisdiction of the English courts; 4) in Canada, the laws in the Province of Ontario govern this Agreement; and 5) in the United States and Puerto Rico, and People's Republic of China, the laws of the State of New York govern this Agreement.

Part 2 - Country-unique Terms

AUSTRALIA

No Warranty: The following paragraph is added to this Section:

Although IBM specifies that there are no warranties, You may have certain rights under the Trade Practices Act 1974 or other legislation and are only limited to the extent permitted by the applicable legislation.

Limitation of Liability: The following paragraph is added to this Section:

Where IBM is in breach of a condition or warranty implied by the Trade Practices Act 1974, IBM's liability is limited to the repair or replacement of the goods, or the supply of equivalent goods. Where that condition or warranty relates to right to sell, quiet possession or clear title, or the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption, then none of the limitations in this paragraph apply.

GERMANY

No Warranty: The following paragraphs are added to this Section:

The minimum warranty period for Programs is six months.

In case a Program is delivered without Specifications, we will only warrant that the Program information correctly describes the Program and that the Program can be used according to the Program information. You have to check the usability according to the Program information within the "money-back guaranty" period.

Limitation of Liability: The following paragraph is added to this Section:

The limitations and exclusions specified in the Agreement will not apply to damages caused by IBM with fraud or gross negligence, and for express warranty.

INDIA

General: The following replaces the fourth paragraph of this Section:

If no suit or other legal action is brought, within two 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.

IRELAND

No Warranty: The following paragraph is added to this Section:

Except as expressly provided in these terms and conditions, all statutory conditions, including all warranties implied, but without prejudice to the generality of the foregoing, all warranties implied by the Sale of Goods Act 1893 or the Sale of Goods and Supply of Services Act 1980 are hereby excluded.

ITALY

Limitation of Liability: This Section is replaced by the following:

Unless otherwise provided by mandatory law, IBM is not liable for any damages which might arise.

NEW ZEALAND

No Warranty: The following paragraph is added to this Section:

Although IBM specifies that there are no warranties, You may have certain rights under the Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of any goods or services which IBM provides, if You require the goods or services for the purposes of a business as defined in that Act.

Limitation of Liability: The following paragraph is added to this Section:

Where Programs are not acquired for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act.

UNITED KINGDOM

Limitation of Liability: The following paragraph is added to this Section at the end of the first paragraph:

The limitation of liability will not apply to any breach of IBM's obligations implied by Section 12 of the Sales of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982.


https://muscle.apdu.fr/musclecard.com/middleware/files/jpcsc-0.8.0-src.zip
