IBM International License for Non-Warranted Programs

1 files changed, 464 insertions, 0 deletions

diff --git a/licenses/IBM-ILNWP b/licenses/IBM-ILNWP
new file mode 100644
index 000000000000..abe24b86d01d
--- /dev/null
+++ b/licenses/IBM-ILNWP
@@ -0,0 +1,464 @@
+Software License
+
+International License Agreement for Non-Warranted Programs
+
+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 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.
+
+
+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 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. 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.
+
+
+5. 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.
+
+
+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, 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, 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:
+
+No Warranty (Section 4):
+
+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 (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.
+
+
+GERMANY:
+
+No 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.
+
+Limitation of Liability (Section 5):
+
+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 (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:
+
+No 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.
+
+
+ITALY:
+
+Limitation of Liability (Section 5):
+
+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 (Section 4):
+
+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 and 
+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 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.
+
+
+Z125-5589-01 (10/97)
+
+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) Runtime Environment for Linux(R), Java
+(TM) 2 Technology Edition, Version 1.3.1, 32-bit version
+Program Number:  5648-C98
+Authorization for Use on Home/Portable Computer:  2
+
+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.
+
+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.
+
+Redistribution Information                             
+                                                                      
+The files/modules listed below or located in the directory 
+named below, may be copied onto your media, in object code only,  
+when your application is dependent upon them, subject to the 
+following terms and conditions.
+
+You agree:
+
+1) that copies of these modules are provided 'AS IS'.  You 
+are responsible for all technical assistance for your 
+application;
+2) to indemnify IBM from and against any third party claim 
+arising out of the use or distribution of your  application;
+3) not to use IBM's name or trademarks in connection with 
+the marketing of your applications without IBM's prior written 
+consent;
+4) to prohibit the recipient from copying (except for 
+backup purposes), reverse assembling, reverse compiling, or 
+otherwise translating the application; and
+5) not to use the same path name as the original 
+files/modules.
+
+IBMJava2-131/jre/bin
+IBMJava2-131/jre/lib
+IBMJava2-131/docs
+ 
+Your application containing a copy of the above referenced 
+files/modules must be labeled as follows:
+
+"CONTAINS
+
+IBM(R) Runtime Environment for Linux(R), Java(TM) 2 
+Technology Edition, Version 1.3.1, 32-bit version
+
+Runtime Modules
+(c) Copyright IBM Corporation 1997-2002
+All Rights Reserved"
+
+Program-unique Terms
+
+The Program Consists of Binary Code that executes on the 
+operating system(s) specified in the Readme file that accompanies the 
+Program.
+
+- "Offering" shall mean any product created which includes 
+any of the files listed or contained in the directories or sub-
+directories identified in the Redistribution Information section of 
+this license agreement as part of the deliverable to your 
+customer.
+
+- "Program Title" shall mean, the Program Name as 
+identified in the License Information section of this license 
+agreement.
+
+- "Publications" shall mean press releases, advertising or 
+marketing materials, product documentation, and such like relating to 
+an Offering.
+
+THIS PROGRAM HAS BEEN PROVIDED TO YOU AT NO CHARGE.
+
+To the extent this license agreement provides for 
+redistribution, you agree:
+
+1. to distribute the files/modules identified in the 
+Redistribution Information section free of charge on the World Wide Web or 
+on electronic media (CD-ROM, magnetic disk, etc.) only with 
+your Offering. 
+
+2. to incorporate all Maintenance Modifications made 
+available to you as quickly as reasonably possible.
+
+3. that it is your responsibility to ensure that:
+
+- NONE of the files listed or located in the directories or 
+subdirectories in the Redistribution Information section of this license 
+agreement are deleted or  modified, except as is expected for normal 
+Program Operation such as configuration information;
+
+- you do not ship or use classes in your Offering, except 
+as contained in the Program, with the same name as any of the 
+classes in any of the jar files listed in the directories or sub 
+directories in the Redistribution Information section of this license 
+agreement.
+
+The terms and conditions of this Agreement apply to all 
+such additional copies of the Program.
+
+YOUR RESPONSIBILITIES
+
+Trademarks and Copyright
+
+- 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.
+
+- You will include written copyright and other legal 
+notices (including notice to US Government users) in the Offering 
+and on its packaging sufficient to protect the intellectual 
+property rights of IBM and its suppliers.
+
+- You recognize IBM's and Sun'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.
+
+- On all Publications and product packaging for your 
+Offering, you will include the Program Title to indicate that the 
+Program is included within the Offering, ensuring that:
+
+1. the Program Title is less prominent in the Publications 
+than your own trade names or trademarks for the Offering, while 
+still being reasonably noticeable to Customers;
+
+2. any IBM trademarks forming part of the Program Title are 
+acknowledged as "trademarks of IBM Corporation", and any Sun trademarks 
+forming part of the Program Title are acknowledged as "trademarks 
+of Sun Microsystems Inc.". Such acknowledgments shall be no 
+less prominent than any similar acknowledgment of your own 
+trademarks.
+
+PROOF OF ENTITLEMENT
+
+This License Agreement constitutes your Proof of 
+Entitlement.
+
+
+
+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:  L-TMAN-55ZL95
+P/N:  L-TMAN-55ZL95