International Program License Agreement
Part 1 - General Terms
BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING
THE PROGRAM YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU
ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A
COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU
HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL
ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS,
- DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE
PROGRAM; AND
- PROMPTLY RETURN THE PROGRAM AND PROOF OF ENTITLEMENT TO
THE PARTY FROM WHOM YOU ACQUIRED IT TO OBTAIN A REFUND OF THE
AMOUNT YOU PAID. IF YOU DOWNLOADED THE PROGRAM, CONTACT THE PARTY
FROM WHOM YOU ACQUIRED IT.
"IBM" is International Business Machines Corporation or one
of its subsidiaries.
"License Information" ("LI") is a document that provides
information specific to a Program. The Program's LI is available at
http://www.ibm.com/software/sla/ . The LI may also be found in a
file in the Program's directory, by the use of a system command,
or as a booklet which accompanies the Program.
"Program" is the following, including the original and all
whole or partial copies: 1) machine-readable instructions and
data, 2) components, 3) audio-visual content (such as images,
text, recordings, or pictures), 4) related licensed materials,
and 5) license use documents or keys, and documentation.
A "Proof of Entitlement" ("PoE") is evidence of Your
authorization to use a Program at a specified level. That level may be
measured, for example, by the number of processors or users. The PoE
is also evidence of Your eligibility for warranty, future
upgrade prices, if any, and potential special or promotional
opportunities. If IBM does not provide You with a PoE, then IBM may accept
the original paid sales receipt or other sales record from the
party (either IBM or its reseller) from whom You acquired the
Program, provided that it specifies the name of the Program and the
usage level acquired.
"You" and "Your" refer either to an individual person or to
a single legal entity.
This Agreement includes Part 1 - General Terms, Part 2 -
Country-unique Terms (if any), License Information, and Proof of
Entitlement and is the complete agreement between You and IBM regarding
the use of the Program. It replaces any prior oral or written
communications between You and IBM concerning Your use of the Program. The
terms of Part 2 and License Information may replace or modify
those of Part 1. To the extent there is a conflict between the
terms of this Agreement and those of the IBM International
Passport Advantage Agreement, the terms of the latter agreement
prevail.
1. Entitlement
License
The Program is owned by IBM or an IBM supplier, and is
copyrighted and licensed, not sold.
IBM grants You a nonexclusive license to use the Program
when You lawfully acquire it.
You may 1) use the Program up to the level of use specified
in the PoE and 2) make and install copies, including a backup
copy, to support such use. The terms of this license apply to
each copy You make. You will reproduce all copyright notices and
all other legends of ownership on each copy, or partial copy,
of the Program.
If You acquire the Program as a program upgrade, after You
install the upgrade You may not use the Program from which You
upgraded or transfer it to another party.
You will ensure that anyone who uses the Program (accessed
either locally or remotely) does so only for Your authorized use
and complies 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.
IBM may terminate Your license if You fail to comply with
the terms of this Agreement. If IBM does so, You must destroy
all copies of the Program and its PoE.
Money-back Guarantee
If for any reason You are dissatisfied with the Program and
You are the original licensee, You may obtain a refund of the
amount You paid for it, if within 30 days of Your invoice date You
return the Program and its PoE to the party from whom You obtained
it. If You downloaded the Program, You may contact the party
from whom You acquired it for instructions on how to obtain the
refund.
Program Transfer
You may transfer a Program and all of Your license rights
and obligations to another party only if that party agrees to
the terms of this Agreement. When You transfer the Program, You
must also transfer a copy of this Agreement, including the
Program's PoE. After the transfer, You may not use the Program.
2. Charges
The amount payable for a Program license is a one-time
charge.
One-time charges are based on the level of use acquired
which is specified in the PoE. IBM does not give credits or
refunds for charges already due or paid, except as specified
elsewhere in this Agreement.
If You wish to increase the level of use, notify IBM or the
party from whom You acquired it and pay any applicable charges.
If any authority imposes a duty, tax, levy or fee,
excluding those based on IBM's net income, upon the Program, then You
agree to pay the amount specified or supply exemption
documentation. You are responsible for any personal property taxes for the
Program from the date that You acquire it.
3. Limited Warranty
IBM warrants that when the Program is used in the specified
operating environment it will conform to its specifications. The
warranty applies only to the unmodified portion of the Program. IBM
does not warrant uninterrupted or error-free operation of the
Program or that IBM will correct all Program defects. You are
responsible for the results obtained from the use of the Program.
IBM provides You with access to IBM databases containing
information on known Program defects, defect corrections, restrictions,
and bypasses at no additional charge. Consult the IBM Software
Support Guide for further information at http://www.ibm.
com/software/support . IBM will maintain this information for at least one year
after the original licensee acquires the Program ("Warranty
Period").
If the Program does not function as warranted during the
Warranty Period and the problem cannot be resolved with information
available in the IBM databases, You may return the Program and its
PoE to the party (either IBM or its reseller) from whom You
acquired it and receive a refund in the amount You paid. If You
downloaded the Program, You may contact the party from whom You
acquired it for instructions on how to obtain the refund.
THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE
ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT,
SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD.
NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR
JURISDICTION TO JURISDICTION.
4. Limitation of Liability
Circumstances may arise where, because of a default on
IBM's part or other liability, You are entitled to recover
damages from IBM. In each such instance, regardless of the basis on
which You may be entitled to claim damages from IBM, (including
fundamental breach, negligence, misrepresentation, or other contract or
tort claim), IBM is liable for no more than 1) damages for
bodily injury (including death) and damage to real property and
tangible personal property and 2) the amount of any other actual
direct damages up to the charges for the Program that is the
subject of the claim.
This limitation of liability also applies to IBM's Program
developers and suppliers. It is the maximum for which they and IBM are
collectively responsible.
UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR
SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR
POSSIBILITY:
1. LOSS OF, OR DAMAGE TO, DATA;
2. SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR ANY
ECONOMIC CONSEQUENTIAL DAMAGES; OR
3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR
ANTICIPATED SAVINGS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5. General
1. Nothing in this Agreement affects any statutory rights
of consumers that cannot be waived or limited by contract.
2. In the event that any provision of this Agreement is
held to be invalid or unenforceable, the remaining provisions of
this Agreement remain in full force and effect.
3. You agree to comply with all applicable export and
import laws and regulations.
4. You agree to allow IBM to store and use Your contact
information, including names, phone numbers, and e-mail addresses,
anywhere they do business. Such information will be processed and
used in connection with our business relationship, and may be
provided to contractors, Business Partners, and assignees of IBM for
uses consistent with their collective business activities,
including communicating with You (for example, for processing orders,
for promotions, and for market research).
5. 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.
6. Neither You nor IBM is responsible for failure to
fulfill any obligations due to causes beyond its control.
7. This Agreement will not create any right or cause of
action for any third party, nor will IBM be responsible for any
third party claims against You except, as permitted by the
Limitation of Liability section above, for bodily injury (including
death) or damage to real or tangible personal property for which
IBM is legally liable.
6. Governing Law, Jurisdiction, and Arbitration
Governing Law
Both You and IBM consent to the application of the laws of
the country in which You acquired the Program license to
govern, interpret, and enforce all of Your and IBM's rights,
duties, and obligations arising from, or relating in any manner to,
the subject matter of this Agreement, without regard to
conflict of law principles.
The United Nations Convention on Contracts for the
International Sale of Goods does not apply.
Jurisdiction
All of our rights, duties, and obligations are subject to
the courts of the country in which You acquired the Program
license.
Part 2 - Country-unique Terms
AMERICAS
ARGENTINA: Governing Law, Jurisdiction, and Arbitration
(Section 6): The following exception is added to this section:
Any litigation arising from this Agreement will be settled
exclusively by the Ordinary Commercial Court of the city of Buenos
Aires.
BRAZIL: Governing Law, Jurisdiction, and Arbitration
(Section 6): The following exception is added to this section:
Any litigation arising from this Agreement will be settled
exclusively by the court of Rio de Janeiro, RJ.
CANADA: General (Section 5): The following replaces item 7:
7. This Agreement will not create any right or cause of
action for any third party, nor will IBM be responsible for any
third party claims against You except as permitted by the
Limitation of Liability section above for bodily injury (including
death) or physical harm to real or tangible personal property
caused by IBM's negligence for which IBM is legally liable.
Governing Law, Jurisdiction, and Arbitration (Section 6):
The phrase "the laws of the country in which You acquired the
Program license" in the Governing Law subsection is replaced by the
following:
the laws in the Province of Ontario
PERU: Limitation of Liability (Section 4): The following is
added at the end of this section:
In accordance with Article 1328 of the Peruvian Civil Code,
the limitations and exclusions specified in this section will
not apply to damages caused by IBM's willful misconduct
("dolo") or gross negligence ("culpa inexcusable").
UNITED STATES OF AMERICA: General (Section 5): The
following is added to this section:
U.S. Government Users Restricted Rights - Use, duplication
or disclosure restricted by the GSA ADP Schedule Contract with
the IBM Corporation.
Governing Law, Jurisdiction, and Arbitration (Section 6):
The phrase "the laws of the country in which You acquired the
Program license" in the Governing Law subsection is replaced by the
following:
the laws of the State of New York, United States of America
ASIA PACIFIC
AUSTRALIA: Limited Warranty (Section 3): The following is
added:
The warranties specified in this Section are in addition to
any rights You may have 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 4): The following is added:
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.
Governing Law, Jurisdiction, and Arbitration (Section 6):
The phrase "the laws of the country in which You acquired the
Program license" in the Governing Law subsection is replaced by the
following:
the laws of the State or Territory in which You acquired
the Program license
CAMBODIA, LAOS, and VIETNAM: Governing Law, Jurisdiction,
and Arbitration (Section 6): The phrase "the laws of the
country in which You acquired the Program license" in the Governing
Law subsection is replaced by the following:
the laws of the State of New York, United States of America
The following is added to this section:
Arbitration
Disputes arising out of or in connection with this
Agreement shall be finally settled by arbitration which shall be held
in Singapore in accordance with the Arbitration Rules of
Singapore International Arbitration Center ("SIAC Rules") then in
effect. The arbitration award shall be final and binding for the
parties without appeal and shall be in writing and set forth the
findings of fact and the conclusions of law.
The number of arbitrators shall be three, with each side to
the dispute being entitled to appoint one arbitrator. The two
arbitrators appointed by the parties shall appoint a third arbitrator
who shall act as chairman of the proceedings. Vacancies in the
post of chairman shall be filled by the president of the SIAC.
Other vacancies shall be filled by the respective nominating
party. Proceedings shall continue from the stage they were at when
the vacancy occurred.
If one of the parties refuses or otherwise fails to appoint
an arbitrator within 30 days of the date the other party
appoints its, the first appointed arbitrator shall be the sole
arbitrator, provided that the arbitrator was validly and properly
appointed.
All proceedings shall be conducted, including all documents
presented in such proceedings, in the English language. The English
language version of this Agreement prevails over any other language
version.
HONG KONG S.A.R. and MACAU S.A.R. of China: Governing Law,
Jurisdiction, and Arbitration (Section 6): The phrase "the laws of the
country in which You acquired the Program license" in the Governing
Law subsection is replaced by the following:
the laws of Hong Kong Special Administrative Region of China
INDIA: Limitation of Liability (Section 4): The following
replaces the terms of items 1 and 2 of the first paragraph:
1) liability for bodily injury (including death) or damage
to real property and tangible personal property will be
limited to that caused by IBM's negligence; and 2) as to any other
actual damage arising in any situation involving nonperformance by
IBM pursuant to, or in any way related to the subject of this
Agreement, IBM's liability will be limited to the charge paid by You
for the individual Program that is the subject of the claim.
General (Section 5): The following replaces the terms of
item 5:
If no suit or other legal action is brought, within three
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.
Governing Law, Jurisdiction, and Arbitration (Section 6):
The following is added to this section:
Arbitration
Disputes arising out of or in connection with this
Agreement shall be finally settled by arbitration which shall be held
in Bangalore, India in accordance with the laws of India then
in effect. The arbitration award shall be final and binding
for the parties without appeal and shall be in writing and set
forth the findings of fact and the conclusions of law.
The number of arbitrators shall be three, with each side to
the dispute being entitled to appoint one arbitrator. The two
arbitrators appointed by the parties shall appoint a third arbitrator
who shall act as chairman of the proceedings. Vacancies in the
post of chairman shall be filled by the president of the Bar
Council of India. Other vacancies shall be filled by the respective
nominating party. Proceedings shall continue from the stage they were
at when the vacancy occurred.
If one of the parties refuses or otherwise fails to appoint
an arbitrator within 30 days of the date the other party
appoints its, the first appointed arbitrator shall be the sole
arbitrator, provided that the arbitrator was validly and properly
appointed.
All proceedings shall be conducted, including all documents
presented in such proceedings, in the English language. The English
language version of this Agreement prevails over any other language
version.
JAPAN: General (Section 5): The following is inserted after
item 5:
Any doubts concerning this Agreement will be initially
resolved between us in good faith and in accordance with the
principle of mutual trust.
MALAYSIA: Limitation of Liability (Section 4): The word
"SPECIAL" in item 2 of the third paragraph is deleted:
NEW ZEALAND: Limited Warranty (Section 3): The following is
added:
The warranties specified in this Section are in addition to
any rights You may have 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
which IBM provides, if You require the goods for the purposes of
a business as defined in that Act.
Limitation of Liability (Section 4): The following is added:
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 2): The
following is added:
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.
Governing Law, Jurisdiction, and Arbitration (Section 6):
The phrase "the laws of the country in which You acquired the
Program license" in the Governing Law subsection is replaced by the
following:
the laws of the State of New York, United States of America
(except when local law requires otherwise)
PHILIPPINES: Limitation of Liability (Section 4): The
following replaces the terms of item 2 of the third paragraph:
2. special (including nominal and exemplary damages),
moral, incidental, or indirect damages or for any economic
consequential damages; or
Governing Law, Jurisdiction, and Arbitration (Section 6):
The following is added to this section:
Arbitration
Disputes arising out of or in connection with this
Agreement shall be finally settled by arbitration which shall be held
in Metro Manila, Philippines in accordance with the laws of
the Philippines then in effect. The arbitration award shall be
final and binding for the parties without appeal and shall be in
writing and set forth the findings of fact and the conclusions of
law.
The number of arbitrators shall be three, with each side to
the dispute being entitled to appoint one arbitrator. The two
arbitrators appointed by the parties shall appoint a third arbitrator
who shall act as chairman of the proceedings. Vacancies in the
post of chairman shall be filled by the president of the
Philippine Dispute Resolution Center, Inc. Other vacancies shall be
filled by the respective nominating party. Proceedings shall
continue from the stage they were at when the vacancy occurred.
If one of the parties refuses or otherwise fails to appoint
an arbitrator within 30 days of the date the other party
appoints its, the first appointed arbitrator shall be the sole
arbitrator, provided that the arbitrator was validly and properly
appointed.
All proceedings shall be conducted, including all documents
presented in such proceedings, in the English language. The English
language version of this Agreement prevails over any other language
version.
SINGAPORE: Limitation of Liability (Section 4): The words
"SPECIAL" and "ECONOMIC" are deleted from item 2 of the third
paragraph.
General (Section 5): The following replaces the terms of
item 7:
Subject to the rights provided to IBM's suppliers and
Program developers as provided in Section 4 above (Limitation of
Liability), a person who is not a party to this Agreement shall have no
right under the Contracts (Right of Third Parties) Act to enforce
any of its terms.
TAIWAN: Limited Warranty (Section 3): The last paragraph is
deleted.
EUROPE, MIDDLE EAST, AFRICA (EMEA)
Limited Warranty (Section 3): In the European Union, the
following is added:
In the European Union, consumers have legal rights under
applicable national legislation governing the sale of consumer goods.
Such rights are not affected by the Limited Warranty provision
set out above at section 3 of this Agreement. The territorial
scope of the Limited Warranty is worldwide.
Limitation of Liability (Section 4): In Austria, Denmark,
Finland, Greece, Italy, Netherlands, Norway, Portugal, Spain, Sweden
and Switzerland, the following replaces the terms of this
section in its entirety:
Except as otherwise provided by mandatory law:
1. IBM's liability for any damages and losses that may
arise as a consequence of the fulfillment of its obligations
under or in connection with this agreement or due to any other
cause related to this agreement is limited to the compensation of
only those damages and losses proved and actually arising as an
immediate and direct consequence of the non-fulfillment of such
obligations (if IBM is at fault) or of such cause, for a maximum amount
equal to the charges You paid for the Program.
The above limitation shall not apply to damages for bodily
injuries (including death) and damages to real property and tangible
personal property for which IBM is legally liable.
2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM
DEVELOPERS, LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR
POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT
DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS,
EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT
GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR
ANTICIPATED SAVINGS.
3. The limitation and exclusion of liability herein agreed
applies not only to the activities performed by IBM but also to the
activities performed by its suppliers and Program developers, and
represents the maximum amount for which IBM as well as its suppliers
and Program developers, are collectively responsible.
Limitation of Liability (Section 4): In France and Belgium,
the following replaces the terms of this section in its
entirety:
Except as otherwise provided by mandatory law:
1. IBM's liability for any damages and losses that may
arise as a consequence of the fulfillment of its obligations
under or in connection with this agreement is limited to the
compensation of only those damages and losses proved and actually
arising as an immediate and direct consequence of the non-
fulfillment of such obligations (if IBM is at fault), for a maximum
amount equal to the charges You paid for the Program that has
caused the damages.
The above limitation shall not apply to damages for bodily
injuries (including death) and damages to real property and tangible
personal property for which IBM is legally liable.
2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM
DEVELOPERS, LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR
POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT
DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS,
EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT
GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR
ANTICIPATED SAVINGS.
3. The limitation and exclusion of liability herein agreed
applies not only to the activities performed by IBM but also to the
activities performed by its suppliers and Program developers, and
represents the maximum amount for which IBM as well as its suppliers
and Program developers, are collectively responsible
Governing Law, Jurisdiction, and Arbitration (Section 6)
Governing Law
The phrase "the laws of the country in which You acquired
the Program license" is replaced by:
1) "the laws of Austria" in Albania, Armenia, Azerbaijan,
Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Georgia, Hungary,
Kazakhstan, Kyrgyzstan, FYR Macedonia, Moldavia, Poland, Romania,
Russia, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine,
Uzbekistan, and FR Yugoslavia;
2) "the laws of France" in Algeria, Benin, Burkina Faso,
Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo
Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea,
French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-
Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania,
Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal,
Seychelles, Togo, Tunisia, Vanuatu, and Wallis & Futuna;
3) "the laws of Finland" in Estonia, Latvia, and Lithuania;
4) "the laws of England" in Angola, Bahrain, Botswana,
Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait,
Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar,
Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania,
Uganda, United Arab Emirates, the United Kingdom, West Bank/Gaza,
Yemen, Zambia, and Zimbabwe; and
5) "the laws of South Africa" in South Africa, Namibia,
Lesotho and Swaziland.
Jurisdiction
The following exceptions are added to this section:
1) In Austria the choice of jurisdiction for all disputes
arising out of this Agreement and relating thereto, including its
existence, will be the competent court of law in Vienna, Austria
(Inner-City);
2) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea,
Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta,
Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome, Saudi
Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab
Emirates, West Bank/Gaza, Yemen, Zambia, and Zimbabwe all disputes
arising out of this Agreement or related to its execution,
including summary proceedings, will be submitted to the exclusive
jurisdiction of the English courts;
3) in Belgium and Luxembourg, for all disputes arising out
of this Agreement or related to its interpretation or its
execution, only the law and the courts of the capital of the country
in which Your registered office and/or commercial office is
located are competent;
4) in France, Algeria, Benin, Burkina Faso, Cameroon, Cape
Verde, Central African Republic, Chad, Comoros, Congo Republic,
Djibouti, Democratic Republic of Congo, Equatorial Guinea, French
Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau,
Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius,
Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal,
Seychelles, Togo, Tunisia, Vanuatu, and Wallis & Futuna all disputes
arising out of this Agreement or related to its violation or
execution, including summary proceedings, will be settled exclusively
by the Commercial Court of Paris;
5) in Russia, all disputes arising out of or in relation to
the interpretation, the violation, the termination, the nullity
of the execution of this Agreement shall be settled by
Arbitration Court of Moscow;
6) in South Africa, Namibia, Lesotho and Swaziland, both of
us agree to submit all disputes relating to this Agreement to
the jurisdiction of the High Court in Johannesburg;
7) in Turkey all disputes arising out of or in connection
with this Agreement shall be resolved by the Istanbul Central
(Sultanahmet) Courts and Execution Directorates of Istanbul, the Republic
of Turkey;
8) in each of the following specified countries, any legal
claim arising out of this Agreement will be brought before, and
settled exclusively by, the competent court of a) Athens for
Greece, b) Tel Aviv-Jaffa for Israel, c) Milan for Italy, d) Lisbon
for Portugal, and e) Madrid for Spain; and
9) in the United Kingdom, both of us agree to submit all
disputes relating to this Agreement to the jurisdiction of the
English courts.
Arbitration
In Albania, Armenia, Azerbaijan, Belarus, Bosnia-
Herzegovina, Bulgaria, Croatia, Georgia, Hungary, Kazakhstan,
Kyrgyzstan, FYR Macedonia, Moldavia, Poland, Romania, Russia, Slovakia,
Slovenia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and FR
Yugoslavia all disputes arising out of this Agreement or related to
its violation, termination or nullity will be finally settled
under the Rules of Arbitration and Conciliation of the
International Arbitral Center of the Federal Economic Chamber in Vienna
(Vienna Rules) by three arbitrators appointed in accordance with
these rules.
The arbitration will be held in Vienna, Austria, and the
official language of the proceedings will be English. The decision
of the arbitrators will be final and binding upon both
parties. Therefore, pursuant to paragraph 598 (2) of the Austrian
Code of Civil Procedure, the parties expressly waive the
application of paragraph 595 (1) figure 7 of the Code. IBM may,
however, institute proceedings in a competent court in the country
of installation.
In Estonia, Latvia and Lithuania all disputes arising in
connection with this Agreement will be finally settled in arbitration
that will be held in Helsinki, Finland in accordance with the
arbitration laws of Finland then in effect. Each party will appoint one
arbitrator. The arbitrators will then jointly appoint the chairman. If
arbitrators cannot agree on the chairman, then the Central Chamber of
Commerce in Helsinki will appoint the chairman.
AUSTRIA: Limited Warranty (Section 3): The following is
inserted at the beginning of this Section:
The Warranty Period is twelve months from the date of
delivery. The limitation period for consumers in action for breach of
warranty is the statutory period as a minimum.
The warranty for a Program covers the functionality of the
Program for its normal use and the Program's conformity to its
specifications.
The final two paragraphs are replaced with the following:
This is our sole obligation to You, except as otherwise
required by applicable statutory law.
General (Section 5): The following is added to item 4:
For purposes of this clause, contact information will also
include information about You as a legal entity, for example
revenue data and other transactional information.
GERMANY: Limited Warranty (Section 3): The same changes
apply as those in Limited Warranty (Section 3) under Austria
above.
Limitation of Liability (Section 4): The following
paragraph is added to this Section:
The limitations and exclusions specified in this Section
will not apply to damages caused by IBM intentionally or by
gross negligence.
General (Section 5): The following replace the terms of
item 5:
Any claims resulting from this Agreement are subject to a
statute of limitation of three years, except as stated in Section 3
(Limited Warranty) of this Agreement.
HUNGARY: Limitation of Liability (Section 4): The following
is added at the end of this section:
The limitation and exclusion specified herein shall not
apply to liability for a breach of contract damaging life,
physical well-being, or health that has been caused intentionally,
by gross negligence, or by a criminal act.
The parties accept the limitations of liability as valid
provisions and state that the Section 314.(2) of the Hungarian Civil
Code applies as the acquisition price as well as other
advantages arising out of the present Agreement balance this
limitation of liability.
IRELAND: Limited Warranty (Section 3): The following 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.
Limitation of Liability (Section 4): The following replaces
the terms of this section in its entirety:
For the purposes of this section, a "Default" means any
act, statement, omission, or negligence on the part of IBM in
connection with, or in relation to, the subject matter of an Agreement
in respect of which IBM is legally liable to You whether in
contract or tort. A number of Defaults which together result in, or
contribute to, substantially the same loss or damage will be treated
as one Default occurring on the date of occurrence of the last
such Default.
Circumstances may arise where, because of a Default, You
are entitled to recover damages from IBM. This section sets out
the extent of IBM's liability and Your sole remedy.
1. IBM will accept unlimited liability for (a) death or
personal injury caused by the negligence of IBM, and (b) subject
always to the Items for Which IBM is Not Liable below, for
physical damage to Your tangible property resulting from the
negligence of IBM.
2. Except as provided in item 1 above, IBM's entire
liability for actual damages for any one Default will not in any
event exceed the greater of 1) EUR 125,000, or 2) 125% of the
amount You paid for the Program directly relating to the Default.
These limits also apply to any of IBM's suppliers and Program
developers. They state the maximum for which IBM and such suppliers and
Program developers are collectively responsible.
Items for Which IBM is Not Liable
Save with respect to any liability referred to in item 1
above, under no circumstances is IBM or any of its suppliers or
Program developers liable for any of the following, even if IBM or
they were informed of the possibility of such losses:
1. loss of, or damage to, data;
2. special, indirect, or consequential loss; or
3. loss of profits, business, revenue, goodwill, or
anticipated savings.
ITALY: General (Section 5): The following is added to this
section:
IBM and Customer (hereinafter, individually, "Party") shall
comply with all the obligations of the applicable provisions of
law and/or regulation on personal data protection. Each of the
Parties will indemnify and keep the other Party harmless from any
damage, claim, cost or expense incurred by the latter, directly and
or indirectly, as a consequence of an infringement of the
other Party of the mentioned provisions of law and/or
regulations.
SLOVAKIA: Limitation of Liability (Section 4): The
following is added to the end of the last paragraph:
The limitations apply to the extent they are not prohibited
under §§ 373-386 of the Slovak Commercial Code.
General (Section 5): The terms of item 5 are replaced with
the following:
THE PARTIES AGREE THAT ANY LEGAL OR OTHER ACTION RELATED TO
A BREACH OF THIS AGREEMENT MUST BE COMMENCED NO LATER AS
DEFINED BY THE LOCAL LAW (4 YEARS) FROM THE DATE ON WHICH THE CAUSE
OF ACTION AROSE.
SOUTH AFRICA, NAMIBIA, LESOTHO, SWAZILAND: Limited Warranty
(Section 3): The following is added at the end of the first
paragraph:
notwithstanding any advice or assistance that IBM may have
given to You prior to the selection of such Programs.
SWITZERLAND: General (Section 5): The following is added to
item 4:
For purposes of this clause, contact information will also
include information about You as a legal entity, for example
revenue data and other transactional information.
UNITED KINGDOM: Limited Warranty (Section 3): The following
replaces the first sentence in the fourth paragraph of this section:
THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE
ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF
SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
Limitation of Liability (Section 4): The following replaces
the terms of this section in its entirety:
For the purposes of this section, a "Default" means any
act, statement, omission, or negligence on the part of IBM in
connection with, or in relation to, the subject matter of an Agreement
in respect of which IBM is legally liable to You, whether in
contract or tort. A number of Defaults which together result in, or
contribute to, substantially the same loss or damage will be treated
as one Default.
Circumstances may arise where, because of a Default, You
are entitled to recover damages from IBM. This section sets out
the extent of IBM's liability and Your sole remedy.
1. IBM will accept unlimited liability for:
(a) death or personal injury caused by the negligence of
IBM;
(b) any breach of its obligations implied by Section 12 of
the Sale of Goods Act 1979 or Section 2 of the Supply of Goods
and Services Act 1982, or any statutory modification or re-
enactment of either such Section; and
(c) subject always to the Items for Which IBM is Not Liable
below, for physical damage to Your tangible property resulting
from the negligence of IBM.
2. IBM's entire liability for actual damages for any one
Default will not in any event, except as provided in item 1 above,
exceed the greater of 1) £75,000, or 2) 125% of the amount You
paid for the Program directly relating to the Default. These
limits also apply to IBM's suppliers and Program developers. They
state the maximum for which IBM and such suppliers and Program
developers are collectively responsible.
Items for Which IBM is Not Liable
Save with respect to any liability referred to in item 1
above, under no circumstances is IBM or any of its suppliers or
Program developers liable for any of the following, even if IBM or
they were informed of the possibility of such losses:
1. loss of, or damage to, data;
2. special, indirect, or consequential loss; or
3. loss of profits, business, revenue, goodwill, or
anticipated savings.
Z125-3301-12 (06/2006)
LICENSE INFORMATION
The Programs listed below are licensed under the following
terms and conditions in addition to those of the International
Program License Agreement.
Program Name: IBM WebSphere Integration Developer Version
6.0.2
Program Number: 5724-I66
Authorization for Use on Home/Portable Computer: 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.
Limited Use Rights for Other IBM Programs
If You acquired this Program as part of another IBM Program
("Principal Program") that lists this Program under "Other IBM
Programs", You received this Program only in support of the Principal
Program, and Your rights to use this Program will be limited by the
license of the Principal Program. Please contact Your IBM Sales
Representative if You wish to acquire a separate license to this Program
not limited by the Principal Program's license terms.
Other IBM Programs
The Program is licensed as a multi-product package and
includes other products distributed with the Program ("Other IBM
Programs"). You are authorized to install and use such Other IBM
Programs only in association with Your licensed use of the Program
under this Agreement. The Other IBM Programs may not be used for
any other purpose. You are not authorized to transfer or
remarket the Other IBM Programs. The terms of the Program's
Agreement may replace or modify the license terms for the Other IBM
Programs. In the event of conflict, the Program's terms supersede the
terms of the license agreement which accompanies the Other IBM
Programs. When Your right to use the Program expires or terminates,
You must discontinue use, destroy or promptly return all copies
of the Other IBM Programs to the party from whom You acquired
it; if You downloaded the Other IBM Programs contact the party
from whom You acquired it. If You wish to license the Other IBM
Programs for any use beyond the limits set forth above, please
contact an IBM Sales Representative or the party from whom You
acquired it to obtain the appropriate licenses.
The following are Other IBM Programs licensed with the
Programs:
IBM WebSphere Process Server for Multiplatforms 6.0.2
Excluded Components
The provisions of this paragraph do not apply to the extent
they are held to be invalid or unenforceable under the law that
governs this license. The components listed below are "Excluded
Components." Notwithstanding any of the terms in the Agreement or any
other agreement You may have with IBM:
(a) the third party suppliers of such Excluded Components
("Suppliers") provide the components WITHOUT WARRANTIES OF ANY KIND and,
such Suppliers DISCLAIM ANY AND ALL EXPRESS AND IMPLIED
WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY
OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THE EXCLUDED COMPONENTS;
(b) in no event are the Suppliers liable for any direct,
indirect, incidental, special, exemplary, punitive or consequential
damages, including but not limited to lost data, lost savings, and
lost profits, with respect to the Excluded Components; and,
(c) IBM and the Suppliers are not liable to You, and will
not defend, indemnify, or hold You harmless for any claims
arising from or related to the Excluded Components.
Notwithstanding these exclusions, in Germany and Austria,
IBM's warranty and liability for the Excluded Components is
governed only by the respective terms applicable for Germany and
Austria in the IBM license agreements.
Notices and important information that IBM is required to
provide to You with respect to the Excluded Components, including
instructions for obtaining source code for certain Excluded Components,
may be found in the NOTICES file(s) that accompanies the
Program.
Your use of the Excluded Components is governed by the
terms of the Agreement and not by any terms that may be contained
in the NOTICES file(s). The terms contained in the Agreement
are offered by IBM and not by any other party. Future Program
updates or fixpacks may contain additional Excluded Components.
Such additional Excluded Components, and related notices and
information, if any, will be listed in another NOTICES file that
accompanies the Program update or fixpack.
The following are Excluded Components:
- Eclipse SDK 3.0.2 (object code only)
- Ant 1.6.1 (object code only)
- Ant 1.6.2 (object code only)
- SAX (object code only)
- DOM (object code only)
- Tomcat 4.1.30 (object code only)
- MX4J (object code only)
- Lucene 1.4.3 (object code only)
- Mozilla Binding (object code only)
- JSch 0.1.16 (object code only)
- Java SSH Applet (object code only)
- JUnit 3.8.1 (object code only)
- GEF 3.0.1 (object code only)
- XSD 2.0.2 (object code only)
- TPTP 3.3 (object code only)
- Commons Logging 1.0.3 (object code only)
- EMF 2.0.2 (object code only)
- Tomcat 3.2.4 (object code only)
- XML4J 4.3 (object code only)
- UML2 1.0.2 (object code only)
- Visual Editor 1.0.2.1 (object code only)
- Info-Zip unzipSFX stub file
- Apache Commons-Net V1.1
- Apache Jakarta Struts v1.1
- Apache JEXL
- XML4C 5.4
- XSLT4J 2.6
- ICU4C 2.0 (object code only)
- Open Motif
- Apache Commons-Logging V1.03
- Apache Batik
- Xerces-C 2.4.0
- XML4C 5.0.0
- XML4C 3.3.1
- Log4j 1.2.8 (object code only)
- Apache Commons-fileupload v1.2
- Apache Commons-lang v1.4
- JUnit 3.7
- Apache FOP 0.20.5
- Apache JXPath 1.1
- Apache Ant 1.5.4
- Apache Commons-Discovery 0.2
- Apache Commons-el 1.0
- Apache Derby 10
- Apache Jakarta JSP Standard Tag Library (JSTL) Code 1.1
- Apache Jakarta Struts 1.0.2, 1.2.4 and 1.2.9 (including
the Tiles and Commons subcomponents)
- Apache Jasper 4.0
- Apache Jasper 2 1.0
- Apache Soap 2.3.1
- Apache Web Services Invocation Framework Code (WSIF) 2.0
- Aspect J Runtime 1.2
- Axis Code 1.1
- Bean Scripting Framework 2.3
- Cup Parser Generator for Java 1.0
- EMF 2.0, Hyades 3.0, XSD 2.0 (Eclipse Projects)
- International Components for Unicode (ICU) ICU4J 3.2
- JDOM 0.7
- JYTHON 2.1
- Libpcap 0.9.4
- Mozilla Rhino Scripting Engine 1.5.2
- MX4J 1.1
- Quick 1.0.1
- Universal Description, Discovery and Integration Registry
(UDDI4J) 2.0
- UnZipSFX Stub File 5.5.0
- Web Services Description Language for Java Toolkit 1.4
(WSDL4J)
Separately Licensed Code
The provisions of this paragraph do not apply to the extent
they are held to be invalid or unenforceable under the law that
governs this license. Each of the components listed below is
considered "Separately Licensed Code". IBM Separately Licensed Code is
licensed to You under the terms of the applicable third party
license agreement(s) set forth in the NON_IBM_LICENSE file(s) that
accompanies the Program. Notwithstanding any of the terms in the
Agreement, or any other agreement You may have with IBM, the terms of
such third party license agreement(s) governs Your use of all
Separately Licensed Code unless otherwise noted below.
Future Program updates or fixpacks may contain additional
Separately Licensed Code. Such additional Separately Licensed Code and
related licenses are listed in another NON_IBM_LICENSE file that
accompanies the Program update or fixpack. You acknowledge that You
have read and agree to the license agreements contained in the
NON_IBM_LICENSE file(s). If You do not agree to the terms of these third
party license agreements, You may not use the Separately Licensed
Code.
For Programs acquired under the International Program
License Agreement ("IPLA") or International Program License
Agreement for Non Warranted Program ("ILAN") and You are the original
licensee of the Program, if You do not agree with the third party
license agreements, You may return the Program in accordance with
the terms of, and within the specified time frames stated in,
the "Money-back Guarantee" section of the IPLA or ILAN IBM
Agreement.
Note: Notwithstanding any of the terms in the third party
license agreement, the Agreement, or any other agreement You may
have with IBM:
(a) IBM provides this Separately Licensed Code to You
WITHOUT WARRANTIES OF ANY KIND;
(b) IBM DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED
WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY
OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THE SEPARATELY LICENSED CODE;
(c) IBM is not liable to You, and will not defend,
indemnify, or hold You harmless for any claims arising from or related
to the Separately Licensed Code; and
(d) IBM is not liable for any direct, indirect, incidental,
special, exemplary, punitive or consequential damages including, but
not limited to, lost data, lost savings, and lost profits, with
respect to the Separately Licensed Code.
Notwithstanding these exclusions, in Germany and Austria,
IBM's warranty and liability for the Separately Licensed Code is
governed only by the respective terms applicable for Germany and
Austria in IBM license agreements.
Note: IBM may provide limited support for some Separately
Licensed Code. If such support is available, the details and any
additional terms related to such support will be set forth in the
License Information document.
The following are Separately Licensed Code:
- Eclipse SDK 3.0.2 (source code only).
- GTK+ Binding (object and source code).
- Mozilla Binding (source code only).
- JUnit 3.8.1 (source code only).
- GEF 3.0.1 (source code only).
- XSD 2.0.2 (source code only).
- TPTP 3.3 (source code only).
- EMF 2.0.2 (source code only).
- UML2 1.0.3 (source code only).
- Visual Editor 1.02.2 (source code only).
- JACL 1.3.1
Benchmarking
You may disclose the results of any benchmark test of the
Program or its subcomponents to any third party provided that You
(A) publicly disclose the complete methodology used in the
benchmark test (e.g., hardware and software setup, installation
procedure and configuration files), (B) perform Your benchmark
testing running the Program in its Specified Operating Environment
using the latest applicable updates, patches and fixes available
for the Program from IBM or third parties that provide IBM
products ("Third Parties"), and (C) follow any and all performance
tuning and "best practices" guidance available in the Program's
documentation and on IBM's support web sites for the Program. If You
publish the results of any benchmark tests for the Program, then
notwithstanding anything to the contrary in any agreement between You and
IBM or Third Parties, IBM and Third Parties shall have the
right to publish the results of benchmark tests with respect to
Your products provided IBM or Third Parties complies with the
requirements of (A), (B) and (C) above in its testing of Your products.
The above benchmarking terms apply to the following
Programs or subcomponents:
IBM WebSphere Process Server for Multiplatforms 6.0.2
Redistribution Information
If You have developed an application that is dependent upon
the files or modules listed below or located in the directory
named below, You may distribute these files or modules, subject
to the following terms:
1) The files or modules must be in object code.
2) You will indemnify IBM or third parties that provide IBM
products ("Third Parties") from and against any third party claim
arising out of the use or distribution of Your application.
3) You may not use the same path name as the original
files/modules.
4) You may not use IBM's or Third Parties' names or
trademarks in connection with the marketing of Your applications
without IBM's or Third Parties' prior written consent.
5) IBM or Third Parties provide copies of these files or
modules "AS IS," i.e., You are responsible for all technical
assistance for Your application.
6) In Your license agreement with the recipient, You will
notify the recipient that these files or modules may not be 1)
used for any purpose other than to enable the application, 2)
copied (except for backup purposes), 3) further distributed, or 4)
reverse assembled, reverse compiled, or otherwise translated.
rad\eclipse\plugins\com.ibm.r2a.graph_6.0.0\lib\jexl.jar
rwd\eclipse\plugins\com.ibm.etools.resources.
common_6.0.0.1\Struts\Struts.Portlet WPS5.1\*.jar & *.tld
rwd\eclipse\plugins\com.ibm.dbtools.db2.deploy_6.0.0\deploy.
jar
rwd\eclipse\plugins\com.ibm.etools.webtools.customtag.
lib_6.0.0\jars\standard\jstl.jar
rwd\eclipse\plugins\com.ibm.wtp.emf.
workbench_1.0.1.1\emfworkbench.jar
In subdirectories under rwd\eclipse\plugins:
buildservices.jar
databean.jar
dbbeans.jar
jspsql. jar
serviceLocatorMgr.jar
odc-jsf.jar
jsf-api.jar
jsf-ibm.jar
jsf-impl.jar
jstl_el.jar
DocEditor.jar
rte.jar
sqlmodel.jar
sqlxml.jar
subuildercore.jar
standard.jar
sdo_access_beans.jar
sdo_web.jar
NCSO.jar
wpai.mediators.domino.jar
wdo_jdbc_access.jar
wdo_web.jar
xsdbeans.jar
emfworkbenchedit.jar
emfworkbench.jar
wtpemf.jar
Runtime modules in redist\jre\* on install media
runtimes\base_v6\lib\marshall.jar
In the directory, rwd\eclipse\plugins\com.ibm.etools.
webtools.customtag.lib_6.0.0\jars\Utility:
taglibs-datetime.jar
taglibs-mailer.jar
taglibs-string.jar
utility.jar
In the directory, rwd\eclipse\plugins\com.ibm.etools.
webservice.dadx_6.0.1\worfRuntime\worf_v81\runtime:
namespacetable.nst
qname.jar
worf.jar
worffiles.dat
worf-servlets.jar
wsc-dadx-soap.jar
runtime\ws-dadx.jar
In the drectory, rwd\eclipse\plugins\com.ibm.etools.
webservice.dadx_6.0.1\worfRuntime\worf_v82\runtime:
group.imports
namespacetable.nst
worf.jar
worffiles.dat
worf-servlets.jar
In the directoy, rwd\eclipse\plugins\com.ibm.etools.
webservice.dadx_6.0.1\worfRuntime\worf_v81\runtime\worf:
actions.gif
actions.jsp
actions_view.jsp
actionsbar.html
actionsInputs.jsp
actionsPrompt.html
browserstyle.js
doc.gif
doTest.jsp
error.jsp
error_tsk.gif
worf\field8.gif
gbar.html
worf\ie.css
info_tsk.gif
inputserror.jsp
line_last.gif
line_notlast.gif
main.jsp
moz.css
nav_view.jsp
navigator.gif
navigator.jsp
navigatorbar.html
navoperations.jsp
operation8.gif
operationserror.jsp
resultbar.html
resultPrompt.html
results.html
results_view.html
status.gif
toperror.jsp
webservice.gif
In the directory, rwd\eclipse\plugins\com.ibm.etools.
webservice.dadx_6.0.1\worfRuntime\worf_v82\runtime\worf:
actions.gif
actions.jsp
actions_view.jsp
actionsbar.html
actionsInputs.jsp
actionsInputsDQS.jsp
actionsPrompt.html
browserstyle.js
worf\doc.gif
doTest.jsp
error.jsp
error_tsk.gif
field8.gif
gbar.html
gbar.jsp
ie.css
info_tsk.gif
inputserror.jsp
line_last.gif
line_notlast.gif
main.jsp
moz.css
nav_view.jsp
navigator.gif
navigator.jsp
navigatorbar.html
navoperations.jsp
operation8.gif
operationserror.jsp
resultbar.html
resultPrompt.html
results.html
results_view.html
script.js
status.gif
toperror.jsp
webservice.gif
In directory rwd\eclipse\plugins\com.ibm.etools.webservice.
dadx_6.0.1\worfRuntime\worf_v82\runtime\xsd:
dadx.xsd
db2WebRowSet.xsd
nst.xsd
wsdl.xsd
Your application containing a copy of the above referenced
files/modules must be labeled as follows:
"CONTAINS
Runtime Modules of
IBM WebSphere Integration Developer Version 6.0.2
(c) Copyright IBM Corporation 2000-2006
All Rights Reserved"
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.
Program-unique Terms
ECLIPSE Components
The following subset of Excluded Components and/or
Separately Licensed Code was obtained from the Eclipse Foundation:
Ant, XML4J, Tomcat, SAX, DOM, MX4J, Lucene, Mozilla Binding,
JSch, Java SSH Applet, JUnit, Eclipse, GTK+ Binding, EMF, GEF,
TPTP, Commons Logging, UML2, VE, XSD, XML4C, Xerces-C, ICU4C, and
Log4J (herein collectively referred to as "Eclipse Code").
Notices and important information, including instructions for
obtaining source code, for the Eclipse Code may be found in
associated "about.html" files ("About Files") located in a directory
for the Eclipse Code. These About Files are provided for
informational purposes only, and notwithstanding anything to the contrary
therein, the terms governing Your use of such Eclipse Code shall be
as set forth above in the applicable Excluded Components or
Separately Licensed Code section.
THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS APPLY TO
ECLIPSE SDK EMF, GEF, UML2, Visual Editor, TPTP and XSD, including
its components, WHICH ARE ACTUAL PROJECTS MAINTAINED BY ECLIPSE
FOUNATION ITSELF (COLLECTIVELY "ECLIPSE PROJECTS").
THE ECLIPSE PROJECTS WERE LICENSED BY IBM FROM ECLIPSE
FOUNDATION UNDER THE TERMS OF THE COMMON PUBLIC LICENSE ("CPL") OR THE
ECLIPSE PUBLIC LICENSE ("EPL"). THE CONTRIBUTORS (AS DEFINED IN THE
CPL/EPL) OF SUCH ECLIPSE PROJECTS HAVE PROVIDED THEIR CONTRIBUTIONS
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND EITHER
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL
THE CONTRIBUTORS BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS,
LOST REVENUE, LOST DATA, OR FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF IBM OR THE CONTRIBUTORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
ANY PROVISIONS IN THE IBM PROGRAM LICENSE AGREEMENT OR OTHER
IBM END USER LICENSE THAT RELATE TO THE ECLIPSE PROJECTS WHICH
DIFFER FROM THE CPL OR EPL ARE OFFERED BY IBM ALONE AND NOT BY ANY
OTHER PARTY INCLUDING, WITHOUT LIMITATION, ANY CONTRIBUTOR.
Notwithstanding anything to the contrary in the About
Files, the following licenses apply to your use of the Eclipse
Code and Eclipse Project:
- Your use of the object code for any Eclipse Code is
governed by the terms of this end user license agreement unless
otherwise set forth above, subject to the Excluded Components
provision(s).
- Your use of the source code for any Eclipse Code
including, but not limited to the components subject to an Apache
license, is governed by the terms of this end user license agreement
unless otherwise set forth above. Notwithstanding the foregoing,
your use of source code for any Eclipse Projects is governed by
the terms of the Common Public License or Eclipse Public
License referenced in the applicable About File. Unless noted
otherwise in this license information document, You do not have the
authority to authorize further distribution of the Eclipse Code or
any components thereof and you agree to defend, indemnify, and
hold harmless IBM, its subsidiaries and its and their suppliers
from and against any claims, lawsuits, demands, liabilities,
damages, costs and expenses including, without limitation, attorneys
fees, in any way related to, or connected with, the Eclipse Code
(in source or object code format).
- Your use of the source code of the Mozilla API is
governed by the terms of the Mozilla Public License referenced in
the applicable About File.
- Your use of the object code and source code for the GTK+
API is governed by the terms of the LGPL referenced in the
applicable About File.
ECLIPSE REDISTRIBUTABLES
If You have developed an application that is dependent upon
the files or modules listed below or located in the directory
named below, You may distribute these files or modules only in
conjunction with Your application and subject to the following terms:
- The files or modules you redistribute must be in object
code.
- You will indemnify IBM or third parties that provide IBM
products ("Third Parties") from and against any third party claim
arising out of the use or distribution of Your application.
- You may not use the same path name as the original
files/modules.
- You may not use IBM's or Third Parties' names or
trademarks in connection with the marketing of Your applications
without IBM's or Third Parties' prior written consent.
- IBM or Third Parties provide copies of these files or
modules "AS IS," i.e., You are responsible for all technical
assistance for Your application.
- In Your license agreement with the recipient, You will
notify the recipient that these files or modules may not be 1)
used for any purpose other than to enable Your application, 2)
copied (except for backup purposes), 3) further distributed
without Your application or 4) reverse assembled, reverse compiled,
or otherwise translated.
List of Redistributables:
On Windows, and in the directory "\eclipse\plugins\org.eclipse.swt.win32_3.0.2\os\win32\x86", swt-awt-win32-3064.
dll and swt-win32-3064.dll
In the directory "\eclipse\plugins\org.
eclipse.swt.win32_3.0.2\ws\win32", swt.jar
On Linux, and in the directory "/eclipse/plugins/org.eclipse.swt.gtk_3.0.2/os/linux/x86", libswt-atk-gtk-3064.
so, libswt-awt-gtk-3064.so, libswt-gnome-gtk-3064.so, libswt-
gtk-3064.so, libswt-mozilla-gtk-3064.so, libswt-pi-gtk-3064.so
In the directory "/eclipse/plugins/org.
eclipse.swt.gtk_3.0.2/ws/gtk", swt-mozilla.jar, swt-pi.jar, swt.jar
OPEN MOTIF
THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS APPLY TO OPEN
MOTIF OBJECT CODE: THE OPEN MOTIF CODE WAS LICENSED BY IBM UNDER
THE TERMS OF THE METRO LINK PUBLIC LICENSE ("MLPL"). THE
CONTRIBUTORS (AS DEFINED IN THE MLPL) OF SUCH CODE HAVE PROVIDED THEIR
CONTRIBUTIONS "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND EITHER
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL
THE CONTRIBUTORS BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS,
LOST REVENUE, LOST DATA, OR FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF IBM OR THE CONTRIBUTORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
ANY PROVISIONS IN THE IBM PROGRAM LICENSE OR OTHER END USER
LICENSE AGREEMENT THAT RELATE TO THE OPEN MOTIF OBJECT CODE WHICH
DIFFER FROM THE MLPL ARE OFFERED BY IBM ALONE AND NOT BY ANY OTHER
PARTY INCLUDING, WITHOUT LIMITATION, ANY CONTRIBUTOR. SOURCE CODE
FOR THIS OPEN MOTIF DISTRIBUTION IS AVAILABLE AT http://www.
opengroup.org/openmotif/supporters/metrolink/
UDDI4J, JUNIT3.7 AND WSDL4J
The Program contains UDDI4J, JUnit 3.7 and WSDL4J, which
were licensed by IBM under the terms of the IBM Public License
v. 1.0 and the Common Public License v. 1.0, respectively. THE
CONTRIBUTORS (as defined in those licenses) OF SUCH CODE HAVE PROVIDED
THEIR CONTRIBUTIONS "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY
KIND WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL
THE CONTRIBUTORS BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS,
LOST REVENUE, LOST DATA, OR FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF IBM OR THE CONTRIBUTORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
ANY PROVISIONS IN THE IBM PROGRAM LICENSE OR OTHER END USER
LICENSE AGREEMENT THAT RELATE TO THESE PIECES OF CODE WHICH DIFFER
FROM THE IPL OR CPL ARE OFFERED BY IBM ALONE AND NOT BY ANY
OTHER PARTY INCLUDING, WITHOUT LIMITATION, ANY CONTRIBUTOR.
Source code is available from http://www-124.ibm.
com/developerworks/oss/uddi4j/, www.junit.org and http://www-124.ibm.
com/developerworks/projects/wsdl4j/, respectively.
SAMPLES GALLERY
The Program may contain sample source code or programs,
which illustrate programming techniques. These samples are found
in the Samples Gallery. You may copy, modify, and distribute
these samples, or their modifications, in any form, internally or
as part of your application or related documentation. These
samples have not been tested under all conditions and are provided
to you by IBM without obligation of support of any kind. IBM
PROVIDES THESE SAMPLES "AS IS" SUBJECT TO ANY STATUTORY WARRANTIES
THAT CANNOT BE EXCLUDED. IBM MAKES NO WARRANTIES OR CONDITIONS,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT REGARDING THESE SAMPLES OR
TECHNICAL SUPPORT, IF ANY. You will indemnify IBM or third parties
that provide IBM products ("Third Parties") from and against any
third party claim arising out of the use, modification or
distribution of these samples with your application. You may not use the
same path name as the original files/modules. You must not alter
or delete any copyright information in the Samples.
ADDITIONAL TERMS FOR WEBSPHERE PROCESS SERVER: The
Program's test runtime environment includes an embedded copy of
portions of WebSphere Process Server ("WPS Components"). You are
authorized to install and use the WPS Components only on the same
machine as the remainder of the Program and solely to support the
operation of the Program's test runtime environment.
The following additional terms apply to the WPS Components:
1. Multiple Component Versions: The media for the Program
may include multiple versions of the same Program component,
such as versions designed for different operating systems and
versions translated into different languages. Each Proof of
Entitlement for the Program authorizes You to use a single version of a
Program component. You are not authorized to use multiple versions
of the same Program component under the same Proof
Entitlement, even if multiple versions of a component are included on
the media for the Program.
2. Restricted Use Cloudscape Components: You may use the
IBM Cloudscape components solely for development, testing and
evaluation of applications and for production use only as a data
repository for data generated and managed by WebSphere Process Server.
Some examples of authorized production use include:
(a) provide persistence of "HTTP Session Objects" using the
"session persistence" component of the Program to support Your
authorized use of such component;
(b) provide a data repository for the UDDI Registry
component of the Program to support Your authorized use of such
component;
(c) provide a data repository for the Scheduler and EJB
Timer components of the Program to support Your authorized use of
such components;
(d) provide a data repository for the messaging engine
component of the Program to support Your authorized use of such
component;
(e) provide a data repository for the Business Process
Choreographer component of the Program to support Your authorized use of
such component;
(f) provide a data repository for the Common Event
Infrastructure component of the Program to support Your authorized use of
such component;
(g) provide a data repository for the business rules
manager and selector components of the Program to support Your
authorized use of such components;
(h) provide a data repository for the relationship service
component of the Program to support Your authorized use of such
component;
(i) provide a data repository for the storing of messages
logged by the MessageLogger Primitive; and
(j) provide a data source for the routing of messages by
the DatabaseLookup Primitive.
No IBM Cloudscape components may be used separately from
the Program, or for any other purpose, or in support of any
other programs. If You wish to license IBM Cloudscape for any use
beyond the limits of this license, please contact an IBM sales
representative to obtain the appropriate licenses.
3. Source Code: Some of the components of the Program may
be provided in source code form. Notwithstanding anything to
the contrary in this Agreement, support is only provided for
the unmodified, binary code versions of these components
included in the Program packaging, and not for the source code for
these components or for any modifications of such components You
may create.
J2C Technology
Your copy of the program may contain J2C connector
technology. If it does, then the following information applies:
IMS:
The Program contains JCA 1.0 and JCA 1.5 IMS resource
adapters. These resource adapters function for the purposes of
writing or generating code, however, to unit test any code written
or generated with the Program you must have at least one
license for IMS V9. You are not authorized to use the resource
adapters supplied in the Program for production purposes. If you
wish to use IMS Connector for Java resource adapters for
production purposes, refer to the IMS Connector for Java website at
www.ibm.com/ims.
CICS:
The Program also includes a copy of the J2EE Connector CICS
(the "Connector"), as provided in the program files named
cicseci.rar and cicsepi.rar. You are authorized to install and use
the Connector only for the purposes of internal evaluation of
unit testing, which is limited to the testing of code written or
generated by a developer to confirm that such code functions as
designed. The Connector: (i) may be installed on a machine which is
separated from the Program; (ii) is only authorized for use with the
CICS Transaction Gateway shipped with the Program; and (iii) is
not authorized to be used for any production purpose.
The Java Connector Architecture (JCA) resource adapters
supplied with the Program and packaged in the file named 'cicseci.
rar' and the Java client classes supplied with the Program and
packaged in the file named 'ctgclient.jar' may be freely distributed
by licensed users of the Program within their enterprise,
although not for production purposes. Licensed users who choose to
distribute these client classes assume responsibility for the support
and maintenance of the distributed classes. IBM's consent to
such distribution is on the basis that licensed users of the
Program are responsible for ensuring that:
(i) no 'JAR' or 'RAR' file is modified from its original
form;
(ii) no 'JAR' or 'RAR' file is used other than within a
Java environment supported by the Program; and
(iii) all communication is to a CICS Transaction Gateway at
the same or a higher release level than the version of the
'ctgclient.jar' or 'RAR' file.
COBOL Compiler Component: The Program includes portions of
IBM WebSphere Studio COBOL for Windows. The COBOL compiler
components contained in the Program are to be used only by the
internal components of the Java Connector Architecture (JCA)
scenarios which uses importer for importing metadata for COBOL data
structures. You may not use this code for development or production
purposes outside of that context.
The Program contains the following IBM WebSphere Adapters:
- IBM WebSphere Adapter for JDBC V6.0.2
- IBM WebSphere Adapter for Flat Files V6.0.2
- IBM WebSphere Adapter for Email V6.0.2
- IBM WebSphere Adapter for FTP V6.0.2
- IBM WebSphere Adapter for SAP Software V6.0.2
- IBM WebSphere Adapter for Siebel Business Applications
V6.0.2
- IBM WebSphere Adapter for PeopleSoft Enterprise V6.0.0.1
- IBM WebSphere Adapter for Oracle E-Business Suite V6.0.2
- IBM WebSphere Adapter for JD Edwards EnterpriseOne V6.0.2
(the "Adapters"). You are authorized to use the Adapters on
the same machine as the Program only in association with your
licensed use of the Program. You are authorized to use the Adapters
for "unit testing" with a test runtime environment provided in
the Program. For purposes of these program-unique terms, "unit
testing" consists of testing one or more Adapters with related
applications to confirm that such applications function appropriately
with the adapters. You are also authorized to deploy and run an
unlimited number of copies of IBM WebSphere Adapters for JDBC, Flat
Files, FTP and Email for production purposes in association with
your licensed use of separate server software programs to which
the Program can deploy the Adapters.
D/N: L-TTSU-6MPJPZ
P/N: L-TTSU-6MPJPZ