======================================================================== license.txt ======================================================================== --- Terms and Conditions --- International Business Machines Armonk, New York 10504 IBM PROGRAM LICENSE AGREEMENT THIS IS AN AGREEMENT BETWEEN YOU AND INTERNATIONAL BUSINESS MACHINES CORPORATION. YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. IF YOU USE THE PROGRAM, YOU ACCEPT THE BELOW TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE PROGRAM, IF YOU HAVE ALREADY DOWNLOADED THE PROGRAM, DESTROY THE PROGRAM. COPYRIGHT: The Program is licensed not sold. International Business Machines Corporation or its subsidiaries (IBM) grants you a license for the Program. You obtain no rights other than those granted you under this agreement. The term "Program" means the original and all whole or partial copies of it, including modified copies or portions merged into other programs, and all related electronic materials. IBM retains title to the Program. IBM owns, or has licensed from the owner, copyrights in the Program. The Program is protected by United States copyright and other laws. GRANT OF LICENSE: IBM grants to you the non-exclusive and non-transferable right and license to: 1. use the Program on only one machine at any one time; 2. make one copy of the Program solely for backup or archival purposes; and 3. modify and/or merge the Program into another program solely in support of your authorized use under this agreement. You must reproduce the copyright notice(s) and any other notice of ownership on each copy, or partial copy, of the Program. You MAY NOT: 1. use, copy, modify, merge or transfer the Program, except as otherwise provided in this agreement; 2. reverse assemble, reverse compile or otherwise translate the Program, except as specifically permitted by law without the possibility of contractual waiver; or 3. rent, lease, sell, sublicense or assign the Program. LIMITATION OF LIABILITY: Regardless of the basis on which you may be entitled to recover damages from IBM, for any claim (including fundamental breach), IBM's liability will be for actual damages only and will be limited to the equivalent of U.S. $25,000 in your local currency. This limitation shall not apply to claims for bodily injury or damages to real or tangible personal property for which IBM is legally liable. IN NO EVENT WILL IBM BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, INCIDENTAL DAMAGES OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF IBM OR ITS AUTHORIZED SUPPLIER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation for consequential or incidental damages, so the above may not apply to you. IBM will not be liable for: 1) loss of, or damage to, your records or data or 2) any damages claimed by you based on any third party claim. You are solely responsible for the selection of the Program and for the installation of, use of, and results obtained from, the Program. This limitation of liability also applies to a developer of a Program supplied to IBM. IBM's and the developer's limitation of liability are not cumulative. DISCLAIMER OF WARRANTY: THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS. IBM MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PROGRAM REMAINS ENTIRELY WITH YOU. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. GENERAL: You may terminate your license at any time. IBM may terminate your license 1) for convenience upon providing thirty days written notice to you or 2) if you fail to comply with the terms and conditions of this agreement. In either event, you must destroy all your copies of the Program. You are responsible for payment of any taxes, including personal property taxes, resulting from this agreement. You agree to comply with all applicable export laws and regulations. Neither party may bring an action, regardless of form, more than two years after the cause of action arose. If you obtained the Program in the United States, this agreement is governed by the laws of the State of New York. If you obtained the Program in Canada, this agreement is governed by the laws of the Province of Ontario. Otherwise, this agreement is governed by the laws of the country in which you obtained the Program.