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-Informix JDBC Driver
-
-International Program License Agreement
-
-
-Part 1 - General Terms
-
-
-PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. IBM 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 IBM OR
-ITS RESELLER) FROM WHOM YOU ACQUIRED IT TO RECEIVE A REFUND OF THE AMOUNT YOU
-PAID.
-
-The Program is owned by International Business Machines Corporation or one of
-its subsidiaries (IBM) or an IBM supplier, 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.
-
-This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms,
-and "License Information" 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 and License Information may replace or modify those
-of Part 1.
-
-
-1. License
-
-Use of the Program
-
-IBM grants you a nonexclusive license to use the Program.
-
-You may 1) use the Program to the extent of authorizations you have acquired and
-2) make and install copies to support the level of use authorized, providing you
-reproduce the copyright notice and any other legends of ownership on each copy,
-or partial copy, of the Program.
-
-If you acquire this Program as a program upgrade, your authorization to use the
-Program from which you upgraded is terminated.
-
-You will ensure that anyone who uses the Program does so only in compliance 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.
-
-Transfer of Rights and Obligations
-
-You may transfer all your license rights and obligations under a Proof of
-Entitlement for the Program to another party by transferring the Proof of
-Entitlement and a copy of this Agreement and all documentation. The transfer of
-your license rights and obligations terminates your authorization to use the
-Program under the Proof of Entitlement.
-
-
-2. Proof of Entitlement
-
-The Proof of Entitlement for this Program is evidence of your authorization to
-use this Program and of your eligibility for warranty services, future upgrade
-program prices (if announced), and potential special or promotional
-opportunities.
-
-
-3. Charges and Taxes
-
-IBM defines use for the Program for charging purposes and specifies it in the
-Proof of Entitlement. Charges are based on extent of use authorized. If you wish
-to increase the extent of use, notify IBM or its reseller and pay any applicable
-charges. IBM does not give refunds or credits for charges already due or paid.
-
-If any authority imposes a duty, tax, levy or fee, excluding those based on
-IBM's net income, upon the Program supplied by IBM under this Agreement, then
-you agree to pay that amount as IBM specifies or supply exemption documentation.
-
-
-4. Limited Warranty
-
-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 we will correct all
-Program defects. You are responsible for the results obtained from the use of
-the Program. The warranty period for the Program expires when its Program
-services are no longer available. The License Information specifies the duration
-of Program services.
-
-During the warranty period warranty service is provided without charge for the
-unmodified portion of the Program through defect-related Program services.
-Program services are available for at least one year following the Program's
-general availability. Therefore, the duration of warranty service depends on
-when you obtain your license. If the Program does not function as warranted
-during the first year after you obtain your license and IBM is unable to resolve
-the problem by providing a correction, restriction, or bypass, you may return
-the Program to the party (either IBM or its reseller) from whom you acquired it
-and receive a refund in the amount you paid for it. To be eligible, you must
-have acquired the Program while Program services (regardless of the remaining
-duration) were available for it.
-
-THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES
-OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
-WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
-PURPOSE.
-
-These warranties give you specific legal rights, and you may also have other
-rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not
-allow the exclusion or limitation of implied warranties, so the above exclusion
-or limitation may not apply to you. In that event such warranties are limited in
-duration to the warranty period. No warranties apply after that period.
-
-
-5. 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 greater of U.S.
-$100,000 (or equivalent in your local currency) or the charges for the Program
-that is the subject of the claim.
-
-IBM WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR
-ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF
-IBM, OR ITS RESELLER, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.
-
-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.
-
-This limitation of liability also applies to any developer of a Program supplied
-to IBM. It is the maximum for which IBM and its suppliers are collectively
-responsible.
-
-
-6. General
-
-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, your authorization to use the Program is also
-terminated.
-
-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.
-
-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, Georgia, Hungary,
-Kazakhstan, Kirghizia, Former Yugoslav Republic of Macedonia (FYROM), Moldova,
-Poland, Romania, Russia, Slovak Republic, Slovenia, Ukraine, and Federal
-Republic of Yugoslavia, 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:
-
-Limited Warranty (Section 4):
-
-The following paragraph is added to this Section:
-
-The warranties specified in this Section are in addition to any rights you may
-have 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 5):
-
-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.
-
-
-EGYPT:
-
-Limitation of Liability (Section 5):
-
-The following replaces item 2 in the first paragraph of this Section:
-
-2) as to any other actual direct damages, IBM's liability will be limited to the
-total amount you paid for the Program that is the subject of the claim.
-
-
-FRANCE :
-
-Limitation of Liability (Section 5):
-
-The following replaces the second sentence in the first paragraph of this
-Section:
-
-In such instances, regardless of the basis on which you are entitled to claim
-damages from IBM, 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 greater of a) EUR
-100,000 (or equivalent in local currency) or b) the charges for the Program
-which is the subject of the claim.
-
-
-GERMANY:
-
-Limited Warranty (Section 4):
-
-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.
-
-The following replaces the first sentence of the first paragraph of this
-Section:
-
-The warranty for an IBM Program covers the functionality of the Program for its
-normal use and the Program's conformity to its Specifications.
-
-Limitation of Liability (Section 5):
-
-The following paragraph is added to the 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.
-
-In item 2, replace "U.S. $100,000" with "EUR 500,000".
-
-The following sentence is added to the end of item 2 of the first paragraph:
-
-IBM's liability under this item is limited to the violation of essential
-contractual terms in cases of ordinary negligence.
-
-
-INDIA:
-
-Limitation of Liability (Section 5):
-
-The following replaces items 1 and 2 in 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 6):
-
-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:
-
-Limited Warranty (Section 4):
-
-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.
-
-Limitation of Liability (Section 5):
-
-The following replaces items 1 and 2 in the first paragraph of this Section:
-
-1) death or personal injury or physical damage to your real property solely
-caused by IBM's negligence; and 2) the amount of any other actual direct
-damages, up to the greater of EUR 100,000 in respect of Programs or 125 percent
-of the charges for the Program that is the subject of the claim or which
-otherwise gives rise to the claim.
-
-The following paragraph is added at the end of this Section:
-
-IBM's entire liability and your sole remedy, whether in contract or in tort, in
-respect of any default will be limited to damages.
-
-
-ITALY:
-
-Limitation of Liability (Section 5):
-
-The following replaces the second sentence in the first paragraph:
-
-In each such instance unless otherwise provided by mandatory law, IBM is liable
-for no more than damages for bodily injury (including death) and damage to real
-property and tangible personal property and 2) as to any other actual damage
-arising in all situations involving non-performance by IBM pursuant to, or in
-any way related to the subject matter of this Agreement, IBM's liability, will
-be limited to the total amount you paid for the Program that is the subject of
-the claim.
-
-
-NEW ZEALAND:
-
-Limited Warranty (Section 4):
-
-The following paragraph is added to this Section:
-
-The warranties specified in this Section are in addition to any rights you may
-have 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 (Section 5):
-
-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.
-
-
-PEOPLE'S REPUBLIC OF CHINA:
-
-Charges (Section 3):
-
-The following paragraph is added to the Section:
-
-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.
-
-
-UNITED KINGDOM:
-
-Limitation of Liability (Section 5):
-
-The following replaces items 1 and 2 in the first paragraph of this Section:
-
-1) death or personal injury or physical damage to your real property solely
-caused by IBM's negligence; 2) the amount of any other actual direct damages, up
-to the greater of Pounds Sterling 75,000 in respect of Programs or 125 percent
-of the charges for the Program that is the subject of the claim or which
-otherwise gives rise to the claim.
-
-The following item is added:
-
-3) breach of IBM's obligations implied by Section 12 of the Sale of Goods Act
-1979 or Section 2 of the Supply of Goods and Services Act 1982.
-
-The following paragraph is added at the end of this Section:
-
-IBM's entire liability and your sole remedy, whether in contract or in tort, in
-respect of any default will be limited to damages.
-
-
-Z125-3301-10 12/01 (Euro)
-
-LICENSE INFORMATION
-
-The Programs listed below are licensed under the following terms and conditions
-in addition to those of the International Program License Agreement.
-
-Program Name: IBM Informix C-ISAM V5.10
-Program Number: 5724-C42
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix C-ISAM V7.20, V7.21, V7.22, V7.23, V7.24, V7.26
-Program Number: 5724-C41
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix C-ISAM DataBlade Module V1.10
-Program Number: 5724-C57
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix Connect Runtime V2.50, V2.60, V2.70
-Program Number: 5724-C24
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix Data Director for Web V2.00
-Program Number: 5724-C20
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix Database Administrator V1.00
-Program Number: 5724-C53
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix Enterprise Gateway Manager V7.21
-Program Number: 5724-C31
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix Enterprise Gateway with DRDA V7.31
-Program Number: 5724-C31
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix ESQL for COBOL V5.10
-Program Number: 5724-C67
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix ESQL for COBOL V7.25
-Program Number: 5724-C68
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix ESQL/C Development and Runtime V5.10, V5.11
-Program Number: 5724-C67
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix Excalibur Text Search DataBlade Module V1.30
-Program Number: 5724-C29
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix Extended Parallel Server V8.32
-Program Number: 5724-C19
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix Image Foundation DataBlade Module V2.00
-Program Number: 5724-C59
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix I-Spy V2.00
-Program Number: 5724-C32
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix JDBC Driver V1.50
-Program Number: 5724-C48
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix JDBC Driver / Embedded SQLJ V2.00, V2.11, V2.20
-Program Number: 5724-C25
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix MaxConnect V1.00
-Program Number: 5724-C56
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix MetaCube ROLAP Option Agents, Direct Clients,
-Indirect Clients V4.20
-Program Number: 5724-C52
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix NAG Finance DataBlade Module V1.10
-Program Number: 5724-C60
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix NET V5.10, V5.11
-Program Number: 5724-C45
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix Object Translator V2.00
-Program Number: 5724-C26
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix OnLine V5.10, V5.11
-Program Number: 5724-C47
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix SE V5.10
-Program Number: 5724-C44
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix SE V7.20, V7.21, V7.22, V7.23, V7.24, V7.25
-Program Number: 5724-C43
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix Server Administrator V1.40
-Program Number: 5724-C27
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix Spatial DataBlade Module V8.11
-Program Number: 5724-C61
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix STAR V5.10, V5.11
-Program Number: 5724-C46
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix TimeSeries DataBlade Module V4.01, V4.02
-Program Number: 5724-C62
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix TimeSeries Real Time Loader Bundle V1.00, V1.01,
-V1.02
-Program Number: 5724-C63
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix Video Foundation DataBlade Module V2.00
-Program Number: 5724-C64
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Informix Web DataBlade Module V4.12, V4.13
-Program Number: 5724-C30
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-Program Name: IBM Office Connect Enterprise Web Edition, Professional Web
-Edition, Personal Edition V3.00
-Program Number: 5724-C15
-Authorization for Use on Home/Portable Computer: 2
-Program Services End Date: 2003/04/05
-
-EXPLANATIONS OF TERMS:
-
-Authorization for Use on Home/Portable Computer:
-"1" means that 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.
-"2" means that you may not copy and use this Program on another computer without
-paying additional license fees.
-
-Program Services End Date:
-The Program is warranted and program services will be available until the end
-date specified above.
-
-Money-back Guarantee
-
-If for any reason you are dissatisfied with the Program, return it within 30
-days from the invoice date, to the party (either IBM or its reseller) from whom
-you acquired it, for a refund. This applies only to your first acquisition of
-the Program.
-
-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
-
-Program Services End Date
-
-Program Services are available at least until the end date specified above, and
-will end on a later date if indicated on the IBM Informix Product and Support
-area at http://www.ibm.com/software/data/informix. To locate the Product
-Lifecycle, click on Support from the left navigation bar to access TechInfo
-Center and other IBM support information. When prompted, enter your TechInfo
-Center User Name and Password.
-
-Level of Use
-
-Your use of a Program may not exceed the level defined by the number of use
-authorizations you have acquired. The level of use of a Program is specified by
-one of the following:
-
-- Server - "Server" means a server on which the Program is installed or
-executed.
-
-- Processor - "Processor" means a processor that forms part of the server on
-which the Program is installed or executed. You must acquire a use authorization
-for each such Processor.
-
-- Concurrent Session - A Concurrent Session, at a given point in time, is each
-logical connection, existing at that time, between the Program and an end user
-interface device. Each such existing connection is counted as a Concurrent
-Session whether or not it is actually in use. If an individual end user
-establishes multiple connections, each one is counted as a separate Concurrent
-Session, even if they share a common physical pathway. The number of connections
-is not reduced by any program or machine, such as a front-end server or
-multiplexer, which may be used to concentrate the connections. Each batch
-process being executed at the same time is also considered to be a Concurrent
-Session.
-
-- Registered User - A Registered User of a Program is a specific individual
-authorized by you to use the Program. Such an individual is a Registered User
-whether or not they are actually using the Program.
-
-Runtime Programs
-
-The following term applies only to the IBM Informix Connect Runtime and IBM
-Informix ESQL/C Runtime Programs.
-
-You may only use the Program for production.
-
-
-
-U.S. Government Users Restricted Rights
-
-U.S. Government Users Restricted Rights - Use, duplication, or disclosure
-restricted by the GSA ADP Schedule Contract with the IBM Corporation.
-
-D/N: SCT1-F8ML-00
-P/N: CT1F8ML