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 3):
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 Developer Kit for Linux(TM), Java(TM) 2
Technology Edition, Version 1.3.0
Program Number: None
Guarantee: 1
Authorization for Use on Home/Portable Computer: 2
EXPLANATIONS OF TERMS:
Guarantee:
The Program has a money-back guarantee. If for any reason
you are unsatisfied with the Program, you may return it to the
party (either IBM or its resellers) from whom you acquired it, to
receive a refund of the amount you paid.
"1" means that this Program has a 30 day money-back
guarantee.
"2" means that this Program has a 2 month money-back
guarantee.
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.
Specified Operating Environment
The Program Specifications and Specified Operating
Environment information may be found in documentation accompanying the
Program such as the Installation/Users Guide.
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.
IBMJava2-13/icat
IBMJava2-13/jre/bin
IBMJava2-13/jre/lib
IBMJava2-13/docs/COPYRIGHT
IBMJava2-13/docs/README-BR.JRE.HTML
IBMJava2-13/docs/README-CN.JRE.HTML
IBMJava2-13/docs/README-DE.JRE.HTML
IBMJava2-13/docs/README-EN.JRE.HTML
IBMJava2-13/docs/README-FR.JRE.HTML
IBMJava2-13/docs/README-IT.JRE.HTML
IBMJava2-13/docs/README-JP.JRE.HTML
IBMJava2-13/docs/README-KO.JRE.HTML
IBMJava2-13/docs/README-ZH.JRE.HTML
IBMJava2-13/jre/lib/fonts/Court___.ttf
IBMJava2-13/jre/lib/fonts/Courtb__.ttf
IBMJava2-13/jre/lib/fonts/Courtbi_.ttf
IBMJava2-13/jre/lib/fonts/Courti__.ttf
IBMJava2-13/jre/lib/fonts/Devamt.ttf
IBMJava2-13/jre/lib/fonts/Devamtb.ttf
IBMJava2-13/jre/lib/fonts/LucidaBrightDemiBold.ttf
IBMJava2-13/jre/lib/fonts/LucidaBrightDemiItalic.ttf
IBMJava2-13/jre/lib/fonts/LucidaBrightItalic.ttf
IBMJava2-13/jre/lib/fonts/LucidaBrightRegular.ttf
IBMJava2-13/jre/lib/fonts/LucidaSansDemiBold.ttf
IBMJava2-13/jre/lib/fonts/LucidaSansDemiOblique.ttf
IBMJava2-13/jre/lib/fonts/LucidaSansOblique.ttf
IBMJava2-13/jre/lib/fonts/LucidaSansRegular.ttf
IBMJava2-13/jre/lib/fonts/LucidaTypewriterBold.ttf
IBMJava2-13/jre/lib/fonts/LucidaTypewriterBoldOblique.ttf
IBMJava2-13/jre/lib/fonts/LucidaTypewriterOblique.ttf
IBMJava2-13/jre/lib/fonts/LucidaTypewriterRegular.ttf
IBMJava2-13/jre/lib/fonts/Thonb___.ttf
IBMJava2-13/jre/lib/fonts/Thonbi__.ttf
IBMJava2-13/jre/lib/fonts/Thonburi.ttf
IBMJava2-13/jre/lib/fonts/Thoni___.ttf
fonts.dir
fonts.scale
Your application containing a copy of the above referenced
files/modules must be labeled as follows:
"CONTAINS
IBM Developer Kit for Linux(TM), Java(TM) 2 Technology
Edition, Version 1.3.0
Runtime Modules
(c) Copyright IBM Corporation 1997-2000
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.
o 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.
o Program Title shall mean, the Program Name as identified
in the License Information section of this license agreement.
o 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:
A. 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.
B. to incorporate all Maintenance Modifications made
available to you as quickly as reasonably possible.
C. if the Program supplied to you passes a Java
compatibility test suite, it is your responsibility to ensure that:
o 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;
o 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 (i.e. "sun.","java.").
The terms and conditions of this Agreement apply to all
such additional copies of the Program.
YOUR RESPONSIBILITIES
Trademarks and Copyright
o 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.
o 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.
o 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.
o 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:
o 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;
o 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.
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: None
P/N: None