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IBM BINARY CODE LICENSE
International License Agreement for Non−Warranted Programs
General Terms
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 is the complete agreement regarding the use of this Program,
and replaces any prior oral or written communications between you and IBM.
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, install and distribute 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 and that
you provide a copy of this International License Agreement for
Non−Warranted Programs along with the distribution of each copy or partial
copy of the Program.
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.
2. No Warranty
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, IBM 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. IBM 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 non−IBM Programs may provide
their own warranties.
3. Limitation of Liability
NEITHER IBM 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 IBM
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.
4. 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, 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.