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. =============================================================================== =============================================================================== WU-FTPD SOFTWARE LICENSE Use, modification, or redistribution (including distribution of any modified or derived work) in any form, or on any medium, is permitted only if all the following conditions are met: 1. Redistributions qualify as "freeware" or "Open Source Software" under the following terms: a. Redistributions are made at no charge beyond the reasonable cost of materials and delivery. Where redistribution of this software is as part of a larger package or combined work, this restriction applies only to the costs of materials and delivery of this software, not to any other costs associated with the larger package or combined work. b. Redistributions are accompanied by a copy of the Source Code or by an irrevocable offer to provide a copy of the Source Code for up to three years at the cost of materials and delivery. Such redistributions must allow further use, modification, and redistribution of the Source Code under substantially the same terms as this license. For the purposes of redistribution "Source Code" means all files included in the original distribution, including all modifications or additions, on a medium and in a form allowing fully working executable programs to be produced. 2. Redistributions of Source Code must retain the copyright notices as they appear in each Source Code file and the COPYRIGHT file, these license terms, and the disclaimer/limitation of liability set forth as paragraph 6 below. 3. Redistributions in binary form must reproduce the Copyright Notice, these license terms, and the disclaimer/limitation of liability set forth as paragraph 6 below, in the documentation and/or other materials provided with the distribution. For the purposes of binary distribution the "Copyright Notice" refers to the following language: Copyright (c) 1999,2000 WU-FTPD Development Group. All rights reserved. Portions Copyright (c) 1980, 1985, 1988, 1989, 1990, 1991, 1993, 1994 The Regents of the University of California. Portions Copyright (c) 1993, 1994 Washington University in Saint Louis. Portions Copyright (c) 1996, 1998 Berkeley Software Design, Inc. Portions Copyright (c) 1983, 1995, 1996, 1997 Eric P. Allman. Portions Copyright (c) 1998 Sendmail, Inc. Portions Copyright (c) 1989 Massachusetts Institute of Technology. Portions Copyright (c) 1997 Stan Barber. Portions Copyright (c) 1997 Kent Landfield. Portions Copyright (c) 1991, 1992, 1993, 1994, 1995, 1996, 1997 Free Software Foundation, Inc. Use and distribution of this software and its source code are governed by the terms and conditions of the WU-FTPD Software License ("LICENSE"). If you did not receive a copy of the license, it may be obtained online at http://www.wu-ftpd.org/license.html 4. All advertising materials mentioning features or use of this software must display the following acknowledgement: "This product includes software developed by the WU-FTPD Development Group, the Washington University at Saint Louis, Berkeley Software Design, Inc., and their contributors." 5. Neither the name of the WU-FTPD Development Group, nor the names of any copyright holders, nor the names of any contributors may be used to endorse or promote products derived from this software without specific prior written permission. The names "wuftpd" and "wu-ftpd" are trademarks of the WU-FTPD Development Group and the Washington University at Saint Louis. 6. Disclaimer/Limitation of Liability: THIS SOFTWARE IS PROVIDED BY THE WU-FTPD DEVELOPMENT GROUP, THE COPYRIGHT HOLDERS, AND CONTRIBUTORS, "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE WU-FTPD DEVELOPMENT GROUP, THE COPYRIGHT HOLDERS, OR CONTRIBUTORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7. USE, MODIFICATION, OR REDISTRIBUTION, OF THIS SOFTWARE IMPLIES ACCEPTANCE OF ALL TERMS AND CONDITIONS OF THIS LICENSE. $Id: LICENSE,v 1.4 2000/07/01 17:42:15 wuftpd Exp $