Ibm Program License Agreement - Ecosys FS-9100DN Anwenderhandbuch

IBM PROGRAM LICENSE AGREEMENT

THE DEVICE YOU HAVE PURCHASED CONTAINS ONE OR MORE SOFTWARE PROGRAMS
("PROGRAMS") WHICH BELONG TO IBM CORPORATION. THIS DOCUMENT DEFINES THE TERMS AND
CONDITIONS UNDER WHICH THE SOFTWARE IS LICENSED TO YOU BY IBM. IF YOU DO NOT AGREE
WITH THE TERMS AND CONDITIONS OF THIS LICENSE, YOU MAY RETURN THE DEVICE FOR A FULL
REFUND WITHIN 14 DAYS OF PURCHASE. IF YOU DO NOT SO RETURN THE DEVICE WITHIN THE 14
DAYS, THEN YOU WILL BE ASSUMED TO HAVE AGREED TO THESE TERMS AND CONDITIONS.
The Programs are licensed not sold. IBM, or an authorized IBM dealer grants you a license for the Programs
only in the country where you purchased the Programs. You possess no rights other than those granted you
under this license.
The term "Programs" means the original and all whole or partial copies of the original, including modified copies
or portions merged into other programs. IBM retains ownership of the Programs. IBM owns, or has licensed from
the owner, copyrights in the Programs.
1. License
Under this license, you may use the Programs only with the machine on which they are installed and transfer
possession of the Programs and the machine to another party.
If you transfer the Programs, you must transfer a copy of this license and any other documentation to the other
party. Your license is then terminated. The other party automatically agrees to these terms and conditions by first
use of the Program.
You may not:
1) use, copy, modify, merge, or transfer copies of the Program except as provided in this license;
2) reverse assemble or reverse compile the Program; or
3) sublicense, rent, lease, or assign the Program.
2. Limited Warranty
The Programs are provided "AS IS".
THERE ARE NO OTHER WARRANTIES COVERING THE PROGRAMS (OR CONDITIONS), EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
3. Limitation of Remedies
IBM's entire liability under this license is the following;
1) For any claim (including fundamental breach), in any form, related in any way to this license, IBM's liability
will be for actual damages only and will be limited to the greater of:
a) the equivalent of U.S.$25,000 in your local currency; or
b) IBM's then generally available license fee for the Program
This limitation will not apply to claims for bodily injury or damages to real or tangible personal property for which
IBM is legally liable.