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authorRobin H. Johnson <robbat2@gentoo.org>2015-08-08 13:49:04 -0700
committerRobin H. Johnson <robbat2@gentoo.org>2015-08-08 17:38:18 -0700
commit56bd759df1d0c750a065b8c845e93d5dfa6b549d (patch)
tree3f91093cdb475e565ae857f1c5a7fd339e2d781e /licenses/IBM-J1.6
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proj/gentoo: Initial commit
This commit represents a new era for Gentoo: Storing the gentoo-x86 tree in Git, as converted from CVS. This commit is the start of the NEW history. Any historical data is intended to be grafted onto this point. Creation process: 1. Take final CVS checkout snapshot 2. Remove ALL ChangeLog* files 3. Transform all Manifests to thin 4. Remove empty Manifests 5. Convert all stale $Header$/$Id$ CVS keywords to non-expanded Git $Id$ 5.1. Do not touch files with -kb/-ko keyword flags. Signed-off-by: Robin H. Johnson <robbat2@gentoo.org> X-Thanks: Alec Warner <antarus@gentoo.org> - did the GSoC 2006 migration tests X-Thanks: Robin H. Johnson <robbat2@gentoo.org> - infra guy, herding this project X-Thanks: Nguyen Thai Ngoc Duy <pclouds@gentoo.org> - Former Gentoo developer, wrote Git features for the migration X-Thanks: Brian Harring <ferringb@gentoo.org> - wrote much python to improve cvs2svn X-Thanks: Rich Freeman <rich0@gentoo.org> - validation scripts X-Thanks: Patrick Lauer <patrick@gentoo.org> - Gentoo dev, running new 2014 work in migration X-Thanks: Michał Górny <mgorny@gentoo.org> - scripts, QA, nagging X-Thanks: All of other Gentoo developers - many ideas and lots of paint on the bikeshed
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+International License Agreement for Non-Warranted Programs
+
+Part 1 - General Terms
+
+BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE PROGRAM YOU AGREE
+TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF
+ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT
+THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO
+THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS,
+
+- DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE PROGRAM; AND
+
+- PROMPTLY RETURN THE PROGRAM AND PROOF OF ENTITLEMENT TO THE PARTY FROM WHOM
+YOU ACQUIRED IT TO OBTAIN A REFUND OF THE AMOUNT YOU PAID. IF YOU DOWNLOADED THE
+PROGRAM, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.
+
+"IBM" is International Business Machines Corporation or one of its subsidiaries.
+
+"License Information" ("LI") is a document that provides information specific to
+a Program. The Program's LI is available at http://www.ibm.com/software/sla/ .
+The LI may also be found in a file in the Program's directory, by the use of a
+system command, or as a booklet which accompanies the Program.
+
+"Program" is the following, including the original and all whole or partial
+copies: 1) machine-readable instructions and data, 2) components, 3)
+audio-visual content (such as images, text, recordings, or pictures), 4) related
+licensed materials, and 5) license use documents or keys, and documentation.
+
+A "Proof of Entitlement" ("PoE") is evidence of Your authorization to use a
+Program at a specified level. That level may be measured, for example, by the
+number of processors or users. The PoE is also evidence of Your eligibility for
+future upgrade prices, if any, and potential special or promotional
+opportunities. If IBM does not provide You with a PoE, then IBM may accept the
+original paid sales receipt or other sales record from the party (either IBM or
+its reseller) from whom You acquired the Program, provided that it specifies the
+name of the Program and the usage level acquired.
+
+"You" and "Your" refer either to an individual person or to a single legal
+entity.
+
+This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms
+(if any), License Information, and Proof of Entitlement and is the complete
+agreement between You and IBM regarding the use of the Program. It replaces any
+prior oral or written communications between You and IBM concerning Your use of
+the Program. The terms of Part 2 and License Information may replace or modify
+those of Part 1. To the extent there is a conflict between the terms of this
+Agreement and those of the IBM International Passport Advantage Agreement, the
+terms of the latter agreement prevail.
+
+1. Entitlement
+
+License
+
+The Program is owned by IBM or an IBM supplier, and is copyrighted and licensed,
+not sold.
+
+IBM grants You a nonexclusive license to use the Program when You lawfully
+acquire it.
+
+You may 1) use the Program up to the level of use specified in the PoE and 2)
+make and install copies, including a backup copy, to support such use. The terms
+of this license apply to each copy You make. You will reproduce all copyright
+notices and all other legends of ownership on each copy, or partial copy, of the
+Program.
+
+If You acquire the Program as a program upgrade, after You install the upgrade
+You may not use the Program from which You upgraded or transfer it to another
+party.
+
+You will ensure that anyone who uses the Program (accessed either locally or
+remotely) does so only for Your authorized use and complies with the terms of
+this Agreement.
+
+You may not 1) use, copy, modify, or distribute the Program except as 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) sublicense, rent, or lease the Program.
+
+IBM may terminate Your license if You fail to comply with the terms of this
+Agreement. If IBM does so, You must destroy all copies of the Program and its
+PoE.
+
+Money-back Guarantee
+
+If for any reason You are dissatisfied with the Program and You are the original
+licensee, You may obtain a refund of the amount You paid for it, if within 30
+days of Your invoice date You return the Program and its PoE to the party from
+whom You obtained it. If You downloaded the Program, You may contact the party
+from whom You acquired it for instructions on how to obtain the refund.
+
+Program Transfer
+
+You may transfer a Program and all of Your license rights and obligations to
+another party only if that party agrees to the terms of this Agreement. When You
+transfer the Program, You must also transfer a copy of this Agreement, including
+the Program's PoE. After the transfer, You may not use the Program.
+
+2. Charges
+
+The amount payable for a Program license is a one-time charge.
+
+One-time charges are based on the level of use acquired 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.
+
+If You wish to increase the level of use, notify IBM or the party from whom You
+acquired it and pay any applicable charges.
+
+If any authority imposes a duty, tax, levy or fee, excluding those based on
+IBM's net income, upon the Program, then You agree to pay the amount specified
+or supply exemption documentation. You are responsible for any personal property
+taxes for the Program from the date that You acquire it.
+
+3. No Warranty
+
+SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, IBM MAKES NO
+WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
+TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
+PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE PROGRAM OR TECHNICAL
+SUPPORT, IF ANY.
+
+The exclusion also applies to any of IBM's Program developers and suppliers.
+
+Manufacturers, suppliers, or publishers of non-IBM Programs may provide their
+own warranties.
+
+IBM does not provide technical support, unless IBM specifies otherwise.
+
+4. Limitation of Liability
+
+Circumstances may arise where, because of a default on IBM's part or other
+liability, You are entitled to recover damages from IBM. In each such instance,
+regardless of the basis on which You may be entitled to claim damages from IBM,
+(including fundamental breach, negligence, misrepresentation, or other contract
+or tort claim), IBM is liable for no more than 1) damages for bodily injury
+(including death) and damage to real property and tangible personal property and
+2) the amount of any other actual direct damages up to the charges for the
+Program that is the subject of the claim.
+
+This limitation of liability also applies to IBM's Program developers and
+suppliers. It is the maximum for which they and IBM are collectively
+responsible.
+
+UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR
+ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:
+
+1. LOSS OF, OR DAMAGE TO, DATA;
+
+2. SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL
+DAMAGES; OR
+
+3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
+
+SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
+CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
+YOU.
+
+5. General
+
+1. Nothing in this Agreement affects any statutory rights of consumers that
+cannot be waived or limited by contract.
+
+2. In the event that any provision of this Agreement is held to be invalid or
+unenforceable, the remaining provisions of this Agreement remain in full force
+and effect.
+
+3. You agree to comply with all applicable export and import laws and
+regulations.
+
+4. You agree to allow IBM to store and use Your contact information, including
+names, phone numbers, and e-mail addresses, anywhere they do business. Such
+information will be processed and used in connection with our business
+relationship, and may be provided to contractors, Business Partners, and
+assignees of IBM for uses consistent with their collective business activities,
+including communicating with You (for example, for processing orders, for
+promotions, and for market research).
+
+5. 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.
+
+6. Neither You nor IBM is responsible for failure to fulfill any obligations due
+to causes beyond its control.
+
+7. This Agreement will not create any right or cause of action for any third
+party, nor will IBM be responsible for any third party claims against You
+except, as permitted by the Limitation of Liability section above, for bodily
+injury (including death) or damage to real or tangible personal property for
+which IBM is legally liable.
+
+6. Governing Law, Jurisdiction, and Arbitration
+
+Governing Law
+
+Both You and IBM consent to the application of the laws of the country in which
+You acquired the Program license to govern, interpret, and enforce all of Your
+and IBM's 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.
+
+The United Nations Convention on Contracts for the International Sale of Goods
+does not apply.
+
+Jurisdiction
+
+All of our rights, duties, and obligations are subject to the courts of the
+country in which You acquired the Program license.
+
+Part 2 - Country-unique Terms
+
+AMERICAS
+
+ARGENTINA: Governing Law, Jurisdiction, and Arbitration (Section 6): The
+following exception is added to this section:
+
+Any litigation arising from this Agreement will be settled exclusively by the
+Ordinary Commercial Court of the city of Buenos Aires.
+
+BRAZIL: Governing Law, Jurisdiction, and Arbitration (Section 6): The following
+exception is added to this section:
+
+Any litigation arising from this Agreement will be settled exclusively by the
+court of Rio de Janeiro, RJ.
+
+CANADA: General (Section 5): The following replaces item 7:
+
+7. This Agreement will not create any right or cause of action for any third
+party, nor will IBM be responsible for any third party claims against You 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."
+
+Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws
+of the country in which You acquired the Program license" in the Governing Law
+subsection is replaced by the following:
+
+the laws in the Province of Ontario"
+
+PERU: Limitation of Liability (Section 4): The following is added at the end of
+this section:
+
+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").
+
+UNITED STATES OF AMERICA: General (Section 5): The following is added to this
+section:
+
+U.S. Government Users Restricted Rights - Use, duplication or disclosure
+restricted by the GSA ADP Schedule Contract with the IBM Corporation.
+
+Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws
+of the country in which You acquired the Program license" in the Governing Law
+subsection is replaced by the following:
+
+the laws of the State of New York, United States of America
+
+ASIA PACIFIC
+
+AUSTRALIA: No Warranty (Section 3): The following is added:
+
+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 (Section 4): The following is added:
+
+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.
+
+Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws
+of the country in which You acquired the Program license" in the Governing Law
+subsection is replaced by the following:
+
+the laws of the State or Territory in which You acquired the Program license
+
+CAMBODIA, LAOS, and VIETNAM: Governing Law, Jurisdiction, and Arbitration
+(Section 6): The phrase "the laws of the country in which You acquired the
+Program license" in the Governing Law subsection is replaced by the following:
+
+the laws of the State of New York, United States of America
+
+The following is added to this section:
+
+Arbitration
+
+Disputes arising out of or in connection with this Agreement shall be finally
+settled by arbitration which shall be held in Singapore in accordance with the
+Arbitration Rules of Singapore International Arbitration Center ("SIAC Rules")
+then in effect. The arbitration award shall be final and binding for the parties
+without appeal and shall be in writing and set forth the findings of fact and
+the conclusions of law.
+
+The number of arbitrators shall be three, with each side to the dispute being
+entitled to appoint one arbitrator. The two arbitrators appointed by the parties
+shall appoint a third arbitrator who shall act as chairman of the proceedings.
+Vacancies in the post of chairman shall be filled by the president of the SIAC.
+Other vacancies shall be filled by the respective nominating party. Proceedings
+shall continue from the stage they were at when the vacancy occurred.
+
+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
+shall be the sole arbitrator, provided that the arbitrator was validly and
+properly appointed.
+
+All proceedings shall 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.
+
+HONG KONG S.A.R. and MACAU S.A.R. of China: Governing Law, Jurisdiction, and
+Arbitration (Section 6): The phrase "the laws of the country in which You
+acquired the Program license" in the Governing Law subsection is replaced by the
+following:
+
+the laws of Hong Kong Special Administrative Region of China
+
+INDIA: Limitation of Liability (Section 4): The following replaces the terms of
+items 1 and 2 of the first paragraph:
+
+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 You for the
+individual Program that is the subject of the claim.
+
+General (Section 5): The following replaces the terms of item 5:
+
+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.
+
+Governing Law, Jurisdiction, and Arbitration (Section 6): The following is added
+to this section:
+
+Arbitration
+
+Disputes arising out of or in connection with this Agreement shall be finally
+settled by arbitration which shall be held in Bangalore, India in accordance
+with the laws of India then in effect. The arbitration award shall be final and
+binding for the parties without appeal and shall be in writing and set forth the
+findings of fact and the conclusions of law.
+
+The number of arbitrators shall be three, with each side to the dispute being
+entitled to appoint one arbitrator. The two arbitrators appointed by the parties
+shall appoint a third arbitrator who shall act as chairman of the proceedings.
+Vacancies in the post of chairman shall be filled by the president of the Bar
+Council of India. Other vacancies shall be filled by the respective nominating
+party. Proceedings shall continue from the stage they were at when the vacancy
+occurred.
+
+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
+shall be the sole arbitrator, provided that the arbitrator was validly and
+properly appointed.
+
+All proceedings shall 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.
+
+JAPAN: General (Section 5): The following is inserted after item 5:
+
+Any doubts concerning this Agreement will be initially resolved between us in
+good faith and in accordance with the principle of mutual trust.
+
+MALAYSIA: Limitation of Liability (Section 4): The word "SPECIAL" in item 2 of
+the third paragraph is deleted:
+
+NEW ZEALAND: No Warranty (Section 3): The following is added:
+
+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 which IBM provides, if You require the goods for the
+purposes of a business as defined in that Act.
+
+Limitation of Liability (Section 4): The following is added:
+
+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.
+
+PEOPLE'S REPUBLIC OF CHINA: Charges (Section 2): The following is added:
+
+All banking charges incurred in the People's Republic of China will be borne by
+You and those incurred outside the People's Republic of China will be borne by
+IBM.
+
+Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws
+of the country in which You acquired the Program license" in the Governing Law
+subsection is replaced by the following:
+
+the laws of the State of New York, United States of America (except when local
+law requires otherwise)
+
+PHILIPPINES: Limitation of Liability (Section 4): The following replaces the
+terms of item 2 of the third paragraph:
+
+2. special (including nominal and exemplary damages), moral, incidental, or
+indirect damages or for any economic consequential damages; or
+
+Governing Law, Jurisdiction, and Arbitration (Section 6): The following is added
+to this section:
+
+Arbitration
+
+Disputes arising out of or in connection with this Agreement shall be finally
+settled by arbitration which shall be held in Metro Manila, Philippines in
+accordance with the laws of the Philippines then in effect. The arbitration
+award shall be final and binding for the parties without appeal and shall be in
+writing and set forth the findings of fact and the conclusions of law.
+
+The number of arbitrators shall be three, with each side to the dispute being
+entitled to appoint one arbitrator. The two arbitrators appointed by the parties
+shall appoint a third arbitrator who shall act as chairman of the proceedings.
+Vacancies in the post of chairman shall be filled by the president of the
+Philippine Dispute Resolution Center, Inc. Other vacancies shall be filled by
+the respective nominating party. Proceedings shall continue from the stage they
+were at when the vacancy occurred.
+
+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
+shall be the sole arbitrator, provided that the arbitrator was validly and
+properly appointed.
+
+All proceedings shall 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.
+
+SINGAPORE: Limitation of Liability (Section 4): The words "SPECIAL" and
+"ECONOMIC" are deleted from item 2 of the third paragraph.
+
+General (Section 5): The following replaces the terms of item 7:
+
+Subject to the rights provided to IBM's suppliers and Program developers as
+provided in Section 4 above (Limitation of Liability), a person who is not a
+party to this Agreement shall have no right under the Contracts (Right of Third
+Parties) Act to enforce any of its terms.
+
+EUROPE, MIDDLE EAST, AFRICA (EMEA)
+
+No Warranty (Section 3): In the European Union, the following is added at the
+beginning of this section:
+
+In the European Union, consumers have legal rights under applicable national
+legislation governing the sale of consumer goods. Such rights are not affected
+by the provisions of this Section 3.
+
+Limitation of Liability (Section 4): In Austria, Denmark, Finland, Greece,
+Italy, Netherlands, Norway, Portugal, Spain, Sweden and Switzerland, the
+following replaces the terms of this section in its entirety:
+
+Except as otherwise provided by mandatory law:
+
+1. IBM's liability 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 You paid for
+the Program.
+
+The above limitation shall not apply to damages for bodily injuries (including
+death) and damages to real property and tangible personal property for which IBM
+is legally liable.
+
+2. 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 OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC
+CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE
+CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS,
+REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
+
+3. 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.
+
+Limitation of Liability (Section 4): In France and Belgium, the following
+replaces the terms of this section in its entirety:
+
+Except as otherwise provided by mandatory law:
+
+1. IBM's liability for any damages and losses that may arise as a consequence of
+the fulfillment of its obligations under or in connection with 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), for a maximum amount equal to the charges You
+paid for the Program that has caused the damages.
+
+The above limitation shall not apply to damages for bodily injuries (including
+death) and damages to real property and tangible personal property for which IBM
+is legally liable.
+
+2. 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 OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC
+CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE
+CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS,
+REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
+
+3. 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.
+
+Governing Law, Jurisdiction, and Arbitration (Section 6)
+
+Governing Law
+
+The phrase "the laws of the country in which You acquired the Program license"
+is replaced by:
+1) "the laws of Austria" in Albania, Armenia, Azerbaijan, Belarus,
+Bosnia-Herzegovina, Bulgaria, Croatia, Georgia, Hungary, Kazakhstan, Kyrgyzstan,
+FYR Macedonia, Moldavia, Poland, Romania, Russia, Slovakia, Slovenia,
+Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and FR Yugoslavia;
+2) "the laws of France" in Algeria, 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 & Futuna;
+3) "the laws of Finland" in Estonia, Latvia, and Lithuania;
+4) "the laws of England" in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea,
+Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique,
+Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone,
+Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West
+Bank/Gaza, Yemen, Zambia, and Zimbabwe; and
+5) "the laws of South Africa" in South Africa, Namibia, Lesotho and Swaziland.
+
+Jurisdiction
+
+The following exceptions are added to this section:
+
+1) In Austria the choice of jurisdiction for all disputes arising out of this
+Agreement and relating thereto, including its existence, will be the competent
+court of law in Vienna, Austria (Inner-City);
+2) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana,
+Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman,
+Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia,
+Tanzania, Uganda, United Arab Emirates, West Bank/Gaza, Yemen, Zambia, and
+Zimbabwe all disputes arising out of this Agreement or related to its execution,
+including summary proceedings, will be submitted to the exclusive jurisdiction
+of the English courts;
+3) in Belgium and Luxembourg, for all disputes arising out of this Agreement or
+related to its interpretation or its execution, only the law and the courts of
+the capital of the country in which Your registered office and/or commercial
+office is located are competent;
+4) in France, Algeria, 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 & Futuna all disputes arising out of this
+Agreement or related to its violation or execution, including summary
+proceedings, will be settled exclusively by the Commercial Court of Paris;
+5) in Russia, all disputes arising out of or in relation to the interpretation,
+the violation, the termination, the nullity of the execution of this Agreement
+shall be settled by Arbitration Court of Moscow;
+6) in South Africa, Namibia, Lesotho and Swaziland, both of us agree to submit
+all disputes relating to this Agreement to the jurisdiction of the High Court in
+Johannesburg;
+7) in Turkey all disputes arising out of or in connection with this Agreement
+shall be resolved by the Istanbul Central (Sultanahmet) Courts and Execution
+Directorates of Istanbul, the Republic of Turkey;
+8) in each of the following specified countries, any legal claim arising out of
+this Agreement will be brought before, and settled exclusively by, the competent
+court of a) Athens for Greece, b) Tel Aviv-Jaffa for Israel, c) Milan for Italy,
+d) Lisbon for Portugal, and e) Madrid for Spain; and
+9) in the United Kingdom, both of us agree to submit all disputes relating to
+this Agreement to the jurisdiction of the English courts.
+
+Arbitration
+
+In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia,
+Georgia, Hungary, Kazakhstan, Kyrgyzstan, FYR Macedonia, Moldavia, Poland,
+Romania, Russia, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine,
+Uzbekistan, and FR Yugoslavia 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.
+
+In Estonia, Latvia and Lithuania 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.
+
+AUSTRIA: No Warranty (Section 3): The terms of this section are completely
+replaced by the following:
+
+The following limited warranty applies if You have paid a charge to obtain the
+Program:
+
+The warranty period is twelve months from the date of delivery. The limitation
+period for consumers in action for breach of warranty is the statutory period as
+a minimum.
+
+The warranty for an IBM Program covers the functionality of the Program for its
+normal use and the Program's conformity to its specifications.
+
+IBM warrants that when the Program is used in the specified operating
+environment it will conform to its specifications. IBM does not warrant
+uninterrupted or error-free operation of the Program or that IBM will correct
+all Program defects. You are responsible for the results obtained from the use
+of the Program.
+
+The warranty applies only to the unmodified portion of the Program.
+
+If the Program does not function as warranted during the warranty period and the
+problem cannot be resolved with information available. You may return the
+Program to the party from whom You acquired it and receive a refund in the
+amount You paid. If You downloaded the Program, You may contact the party from
+whom You acquired it to obtain the refund.
+
+This is our sole obligation to You, except as otherwise required by applicable
+statutory law.
+
+General (Section 5): The following is added to item 4:
+
+For purposes of this clause, contact information will also include information
+about You as a legal entity, for example revenue data and other transactional
+information.
+
+GERMANY: No Warranty (Section 3): The same changes apply as those in No Warranty
+(Section 3) under Austria above.
+
+Limitation of Liability (Section 4): The following paragraph is added to this
+Section:
+
+The limitations and exclusions specified in this Section will not apply to
+damages caused by IBM intentionally or by gross negligence.
+
+General (Section 5): The following replaces the terms of item 5:
+
+Any claims resulting from this Agreement are subject to a statute of limitation
+of three years, except as stated in Section 3 (No Warranty) of this Agreement.
+
+HUNGARY: Limitation of Liability (Section 4): The following is added at the end
+of this section:
+
+The limitation and exclusion specified herein shall not apply to liability for a
+breach of contract damaging life, physical well-being, or health that has been
+caused intentionally, by gross negligence, or by a criminal act.
+
+The parties accept the limitations of liability as valid provisions and state
+that the Section 314.(2) of the Hungarian Civil Code applies as the acquisition
+price as well as other advantages arising out of the present Agreement balance
+this limitation of liability.
+
+IRELAND: No Warranty (Section 3): The following is added to this section:
+
+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 and 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).
+
+Limitation of Liability (Section 4): The following replaces the terms of this
+section in its entirety:
+
+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 You whether in contract or tort. A number of Defaults which together result
+in, or contribute to, substantially the same loss or damage will be treated as
+one Default occurring on the date of occurrence of the last such Default.
+
+Circumstances may arise where, because of a Default, You are entitled to recover
+damages from IBM. This section sets out the extent of IBM's liability and Your
+sole remedy.
+
+1. IBM will accept unlimited liability for (a) death or personal injury caused
+by the negligence of IBM, and (b) subject always to the Items for Which IBM is
+Not Liable below, for physical damage to Your tangible property resulting from
+the negligence of IBM.
+
+2. Except as provided in item 1 above, IBM's entire liability for actual damages
+for any one Default will not in any event exceed the greater of 1) EUR 125,000,
+or 2) 125% of the amount You paid for the Program directly relating to the
+Default. These limits also apply to any of IBM's suppliers and Program
+developers. They state the maximum for which IBM and such suppliers and Program
+developers are collectively responsible.
+
+Items for Which IBM is Not Liable
+
+Save with respect to any liability referred to in item 1 above, under no
+circumstances is IBM or any of its suppliers or Program developers liable for
+any of the following, even if IBM or they were informed of the possibility of
+such losses:
+
+1. loss of, or damage to, data;
+
+2. special, indirect, or consequential loss; or
+
+3. loss of profits, business, revenue, goodwill, or anticipated savings.
+
+ITALY: General (Section 5): The following is added to this section:
+
+IBM and Customer (hereinafter, individually, "Party") shall comply with all the
+obligations of the applicable provisions of law and/or regulation on personal
+data protection. Each of the Parties will indemnify and keep the other Party
+harmless from any damage, claim, cost or expense incurred by the latter,
+directly and or indirectly, as a consequence of an infringement of the other
+Party of the mentioned provisions of law and/or regulations.
+
+SLOVAKIA: Limitation of Liability (Section 4): The following is added to the end
+of the last paragraph:
+
+The limitations apply to the extent they are not prohibited under �� 373-386 of
+the Slovak Commercial Code.
+
+General (Section 5): The terms of item 5 are replaced with the following:
+
+THE PARTIES AGREE THAT, AS DEFINED BY APPLICABLE LOCAL LAW, ANY LEGAL OR OTHER
+ACTION RELATED TO A BREACH OF THIS AGREEMENT MUST BE COMMENCED NO LATER THAN
+FOUR YEARS FROM THE DATE ON WHICH THE CAUSE OF ACTION AROSE.
+
+SWITZERLAND: General (Section 5): The following is added to item 4:
+
+For purposes of this clause, contact information will also include information
+about You as a legal entity, for example revenue data and other transactional
+information.
+
+UNITED KINGDOM: No Warranty (Section 3): The following replaces the first
+sentence in the first paragraph of this section:
+
+SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE EXCLUDED, IBM MAKES NO
+WARRANTY OR CONDITION EITHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION)
+THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
+PURPOSE, AND NON-INFRINGEMENT, REGARDING THE PROGRAM.
+
+Limitation of Liability (Section 4): The following replaces the terms of this
+section in its entirety:
+
+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 You, whether in contract or tort. A number of Defaults which together result
+in, or contribute to, substantially the same loss or damage will be treated as
+one Default.
+
+Circumstances may arise where, because of a Default, You are entitled to recover
+damages from IBM. This section sets out the extent of IBM's liability and Your
+sole remedy.
+
+1. IBM will accept unlimited liability for:
+
+a. death or personal injury caused by the negligence of IBM;
+
+b. any breach of its obligations implied by Section 12 of the Sale of Goods Act
+1979 or Section 2 of the Supply of Goods and Services Act 1982, or any statutory
+modification or re-enactment of either such Section; and
+
+c. subject always to the Items for Which IBM is Not Liable below, for physical
+damage to Your tangible property resulting from the negligence of IBM.
+
+2. IBM's entire liability for actual damages for any one Default will not in any
+event, except as provided in item 1 above, exceed the greater of 1) �75,000, or
+2) 125% of the amount You paid for the Program directly relating to the Default.
+These limits also apply to IBM's suppliers and Program developers. They state
+the maximum for which IBM and such suppliers and Program developers are
+collectively responsible.
+
+Items for Which IBM is Not Liable
+
+Save with respect to any liability referred to in item 1 above, under no
+circumstances is IBM or any of its suppliers or Program developers liable for
+any of the following, even if IBM or they were informed of the possibility of
+such losses:
+
+1. loss of, or damage to, data;
+
+2. special, indirect, or consequential loss; or
+
+3. loss of profits, business, revenue, goodwill, or anticipated savings.
+
+Z125-5589-03 (06/2006)
+
+
+
+LICENSE INFORMATION
+
+The Programs listed below are licensed under the following terms and conditions
+in addition to those of the International License Agreement for Non-Warranted
+Programs.
+
+Program Name: IBM(R) 32-bit SDK for Linux(R) on Intel(R) architecture, Java(TM)
+Technology Edition, Version 6
+Program Number: 6207-001
+Authorization for Use on Home/Portable Computer: The Program may be stored on
+the primary machine and another machine, provided that the Program is not in
+active use on both machines at the same time.
+
+Program Name: IBM(R) 64-bit SDK for Linux(R) on AMD64 / EM64T architecture,
+Java(TM) Technology Edition, Version 6
+Program Number: 6207-001
+Authorization for Use on Home/Portable Computer: The Program may be stored on
+the primary machine and another machine, provided that the Program is not in
+active use on both machines at the same time.
+
+Program Name: IBM(R) 32-bit SDK for Linux(R) on System i(TM) and System p(TM)
+architecture, Java(TM) Technology Edition, Version 6
+Program Number: 6207-001
+Authorization for Use on Home/Portable Computer: The Program may be stored on
+the primary machine and another machine, provided that the Program is not in
+active use on both machines at the same time.
+
+Program Name: IBM(R) 64-bit SDK for Linux(R) on System i(TM) and System p(TM)
+architecture, Java(TM) Technology Edition, Version 6
+Program Number: 6207-001
+Authorization for Use on Home/Portable Computer: The Program may be stored on
+the primary machine and another machine, provided that the Program is not in
+active use on both machines at the same time.
+
+Program Name: IBM(R) 31-bit SDK for Linux(R) on System z(TM) architecture,
+Java(TM) Technology Edition, Version 6
+Program Number: 6207-001
+Authorization for Use on Home/Portable Computer: The Program may be stored on
+the primary machine and another machine, provided that the Program is not in
+active use on both machines at the same time.
+
+Program Name: IBM(R) 64-bit SDK for Linux(R) on System z(TM) architecture,
+Java(TM) Technology Edition, Version 6
+Program Number: 6207-001
+Authorization for Use on Home/Portable Computer: The Program may be stored on
+the primary machine and another machine, provided that the Program is not in
+active use on both machines at the same time.
+
+Program Name: IBM(R) 32-bit Runtime Environment for Linux(R) on Intel(R)
+architecture, Java(TM) Technology Edition, Version 6
+Program Number: 6207-001
+Authorization for Use on Home/Portable Computer: The Program may be stored on
+the primary machine and another machine, provided that the Program is not in
+active use on both machines at the same time.
+
+Program Name: IBM(R) 64-bit Runtime Environment for Linux(R) on AMD64 / EM64T
+architecture, Java(TM) Technology Edition, Version 6
+Program Number: 6207-001
+Authorization for Use on Home/Portable Computer: The Program may be stored on
+the primary machine and another machine, provided that the Program is not in
+active use on both machines at the same time.
+
+Program Name: IBM(R) 32-bit Runtime Environment for Linux(R) on System i(TM) and
+System p(TM), Java(TM) Technology Edition, Version 6
+Program Number: 6207-001
+Authorization for Use on Home/Portable Computer: The Program may be stored on
+the primary machine and another machine, provided that the Program is not in
+active use on both machines at the same time.
+
+Program Name: IBM(R) 64-bit Runtime Environment for Linux(R) on System i(TM) and
+System p(TM), Java(TM) Technology Edition, Version 6
+Program Number: 6207-001
+Authorization for Use on Home/Portable Computer: The Program may be stored on
+the primary machine and another machine, provided that the Program is not in
+active use on both machines at the same time.
+
+Program Name: IBM(R) 31-bit Runtime Environment for Linux(R) on System z(TM),
+Java(TM) Technology Edition, Version 6
+Program Number: 6207-001
+Authorization for Use on Home/Portable Computer: The Program may be stored on
+the primary machine and another machine, provided that the Program is not in
+active use on both machines at the same time.
+
+Program Name: IBM(R) 64-bit Runtime Environment for Linux(R) on System z(TM),
+Java(TM) Technology Edition, Version 6
+Program Number: 6207-001
+Authorization for Use on Home/Portable Computer: The Program may be stored on
+the primary machine and another machine, provided that the Program is not in
+active use on both machines at the same time.
+
+Limited Use Rights for Other IBM Programs
+
+If You acquired this Program as part of another IBM Program ("Principal
+Program") that lists this Program under "Other IBM Programs", You received this
+Program only in support of the Principal Program, and Your rights to use this
+Program will be limited by the license of the Principal Program. Please contact
+Your IBM Sales Representative if You wish to acquire a separate license to this
+Program not limited by the Principal Program's license terms.
+
+Excluded Components
+
+The provisions of this paragraph do not apply to the extent they are held to be
+invalid or unenforceable under the law that governs this license. The components
+listed below are "Excluded Components." Notwithstanding any of the terms in the
+Agreement or any other agreement You may have with IBM:
+(a) the third party suppliers of such Excluded Components ("Suppliers") provide
+the components WITHOUT WARRANTIES OF ANY KIND and, such Suppliers DISCLAIM ANY
+AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED
+TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED
+WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
+PURPOSE, WITH RESPECT TO THE EXCLUDED COMPONENTS;
+(b) in no event are the Suppliers liable for any direct, indirect, incidental,
+special, exemplary, punitive or consequential damages, including but not limited
+to lost data, lost savings, and lost profits, with respect to the Excluded
+Components; and,
+(c) IBM and the Suppliers are not liable to You, and will not defend, indemnify,
+or hold You harmless for any claims arising from or related to the Excluded
+Components.
+
+Notwithstanding these exclusions, in Germany and Austria, IBM's warranty and
+liability for the Excluded Components is governed only by the respective terms
+applicable for Germany and Austria in the IBM license agreements.
+
+Notices and important information that IBM is required to provide to You with
+respect to the Excluded Components, including instructions for obtaining source
+code for certain Excluded Components, may be found in the NOTICES file(s) that
+accompanies the Program.
+
+Your use of the Excluded Components is governed by the terms of the Agreement
+and not by any terms that may be contained in the NOTICES file(s). The terms
+contained in the Agreement are offered by IBM and not by any other party. Future
+Program updates or fixpacks may contain additional Excluded Components. Such
+additional Excluded Components, and related notices and information, if any,
+will be listed in another NOTICES file that accompanies the Program update or
+fixpack.
+
+The following are Excluded Components:
+Apache Harmony :-
+* Annotation (Subversion: r573440 2007-09-11 (Arena R4745))
+* Beans (Subversion: r573440 2007-09-11 (Arena R4745))
+* jndi (Subversion: r573440 2007-09-11 (Arena R4745))
+* lang-management (Subversion: r573440 2007-09-11 (Arena R4745))
+* logging (Subversion: r573440 2007-09-11 (Arena R4745))
+* security (Subversion: r573440 2007-09-11 (Arena R4745))
+* sql (Subversion: r573440 2007-09-11 (Arena R4745))
+* java.util (part of luni) (Subversion: r573440 2007-09-11 (Arena R4745))
+
+Specified Operating Environment
+
+The Program's specifications and specified operating environment information may
+be found in documentation accompanying the Program, if available, such as a
+read-me file, or other information published by IBM, such as an announcement
+letter.
+
+Program-unique Terms
+
+1. GENERAL
+
+To the extent of any conflict between the terms of the International License
+Agreement for Non-Warranted Programs and this License Information, the terms of
+this License Information shall prevail.
+
+WHERE THE PROGRAM HAS BEEN PROVIDED TO YOU SEPARATELY BY IBM, IT IS PROVIDED AT
+NO CHARGE.
+
+The Program consists of binary code that executes on the operating system(s)
+specified in Readme files that accompany the Program.
+
+3. TRADEMARKS AND COPYRIGHT: YOUR RESPONSIBILITIES
+
+a) You shall not modify, delete, suppress, or obscure any copyright, trademark
+or other legal notice (whether from IBM or any third party) which may be
+displayed by or included within the Program.
+
+b) Java and all Java-based Trademarks are trademarks of Sun Microsystems, Inc.
+in the United States, other countries, or both.
+
+c) You recognize IBM's and Sun Microsystems, Inc.'s ownership and title to their
+respective trademarks and of any goodwill attaching thereto, including goodwill
+resulting from use. You will not use or attempt to register any trademark which
+is confusingly similar to such IBM or Sun trademarks.
+
+3. PROOF OF ENTITLEMENT
+
+This License Agreement constitutes your Proof of Entitlement.
+
+
+
+D/N: L-RVEK-75GKYF
+P/N: L-RVEK-75GKYF