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 (IF ANY).

The Program 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 Sale of Goods Act 1979 or Section 2 of the Supply
of Goods and Services Act 1982.






If available, the original license text for this package will follow below.
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MagniComp - End User License Agreement

www.MagniComp.com

RDist Version 6.1

Version of This Document: 19990724

GRANT.

MagniComp grants you a non-exclusive license to use RDist version 6.1 and all subsequent versions called 6.1.X software (the "Software") free of charge.

This license does not entitle you to hard-copy documentation, support or telephone assistance. MagniComp reserves the right at any time to alter prices, features, specifications, capabilities, functions, licensing terms, general availability of the Software.

SCOPE OF GRANT.

You may:

use the Software in any way you wish on any computer regardless of ownership of said computer;
redistribute the Software in any form, including source and binary, to any party with or without charging a fee;
copy the Software for any purpose.

You may not:

remove or alter this notice;
remove or alter any proprietary notices or labels on the Software.

REQUIREMENTS.

All advertising materials mentioning features or use of this software must display the following acknowledgement:
This product includes software developed by MagniComp (www.MagniComp.com) and its contributors.
Redistributions in binary form must reproduce this copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither name of MagniComp nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

TITLE.

Title, ownership rights, and intellectual property rights in the Software shall remain in MagniComp and/or its suppliers. The Software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This license gives you no rights to such content.

TERMINATION.

The license will terminate automatically if you fail to comply with the limitations described herein. Upon termination of this license, you agree to destroy all copies of the Software.

DISCLAIMER OF WARRANTY.

The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not MagniComp or its suppliers assume the entire cost of any service and repair. In addition, the security mechanisms implemented by MagniComp software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MAGNICOMP OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL MAGNICOMP BE LIABLE FOR ANY DAMAGES, EVEN IF MAGNICOMP SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

HIGH RISK ACTIVITIES.

The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). MagniComp and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

MISCELLANEOUS.

This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law (except for conflict of law provisions). The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

END