3 International Program License Agreement
9 PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. IBM WILL LICENSE
10 THE PROGRAM TO YOU ONLY IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. BY
11 USING THE PROGRAM YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF
12 THIS AGREEMENT, PROMPTLY RETURN THE UNUSED PROGRAM TO THE PARTY (EITHER IBM OR
13 ITS RESELLER) FROM WHOM YOU ACQUIRED IT TO RECEIVE A REFUND OF THE AMOUNT YOU
16 The Program is owned by International Business Machines Corporation or one of
17 its subsidiaries (IBM) or an IBM supplier, and is copyrighted and licensed, not
20 The term "Program" means the original program and all whole or partial copies of
21 it. A Program consists of machine-readable instructions, its components, data,
22 audio-visual content (such as images, text, recordings, or pictures), and
23 related licensed materials.
25 This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms,
26 and "License Information" and is the complete agreement regarding the use of
27 this Program, and replaces any prior oral or written communications between you
28 and IBM. The terms of Part 2 and License Information may replace or modify those
36 IBM grants you a nonexclusive license to use the Program.
38 You may 1) use the Program to the extent of authorizations you have acquired and
39 2) make and install copies to support the level of use authorized, providing you
40 reproduce the copyright notice and any other legends of ownership on each copy,
41 or partial copy, of the Program.
43 If you acquire this Program as a program upgrade, your authorization to use the
44 Program from which you upgraded is terminated.
46 You will ensure that anyone who uses the Program does so only in compliance with
47 the terms of this Agreement.
49 You may not 1) use, copy, modify, or distribute the Program except as provided
50 in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate
51 the Program except as specifically permitted by law without the possibility of
52 contractual waiver; or 3) sublicense, rent, or lease the Program.
54 Transfer of Rights and Obligations
56 You may transfer all your license rights and obligations under a Proof of
57 Entitlement for the Program to another party by transferring the Proof of
58 Entitlement and a copy of this Agreement and all documentation. The transfer of
59 your license rights and obligations terminates your authorization to use the
60 Program under the Proof of Entitlement.
63 2. Proof of Entitlement
65 The Proof of Entitlement for this Program is evidence of your authorization to
66 use this Program and of your eligibility for warranty services, future upgrade
67 program prices (if announced), and potential special or promotional
73 IBM defines use for the Program for charging purposes and specifies it in the
74 Proof of Entitlement. Charges are based on extent of use authorized. If you wish
75 to increase the extent of use, notify IBM or its reseller and pay any applicable
76 charges. IBM does not give refunds or credits for charges already due or paid.
78 If any authority imposes a duty, tax, levy or fee, excluding those based on
79 IBM's net income, upon the Program supplied by IBM under this Agreement, then
80 you agree to pay that amount as IBM specifies or supply exemption documentation.
85 IBM warrants that when the Program is used in the specified operating
86 environment it will conform to its specifications. IBM does not warrant
87 uninterrupted or error-free operation of the Program or that we will correct all
88 Program defects. You are responsible for the results obtained from the use of
89 the Program. The warranty period for the Program expires when its Program
90 services are no longer available. The License Information specifies the duration
93 During the warranty period warranty service is provided without charge for the
94 unmodified portion of the Program through defect-related Program services.
95 Program services are available for at least one year following the Program's
96 general availability. Therefore, the duration of warranty service depends on
97 when you obtain your license. If the Program does not function as warranted
98 during the first year after you obtain your license and IBM is unable to resolve
99 the problem by providing a correction, restriction, or bypass, you may return
100 the Program to the party (either IBM or its reseller) from whom you acquired it
101 and receive a refund in the amount you paid for it. To be eligible, you must
102 have acquired the Program while Program services (regardless of the remaining
103 duration) were available for it.
105 THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES
106 OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
107 WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
110 These warranties give you specific legal rights, and you may also have other
111 rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not
112 allow the exclusion or limitation of implied warranties, so the above exclusion
113 or limitation may not apply to you. In that event such warranties are limited in
114 duration to the warranty period. No warranties apply after that period.
117 5. Limitation of Liability
119 Circumstances may arise where, because of a default on IBM's part or other
120 liability, you are entitled to recover damages from IBM. In each such instance,
121 regardless of the basis on which you may be entitled to claim damages from IBM,
122 (including fundamental breach, negligence, misrepresentation, or other contract
123 or tort claim), IBM is liable for no more than 1) damages for bodily injury
124 (including death) and damage to real property and tangible personal property and
125 2) the amount of any other actual direct damages up to the greater of U.S.
126 $100,000 (or equivalent in your local currency) or the charges for the Program
127 that is the subject of the claim.
129 IBM WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR
130 ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF
131 IBM, OR ITS RESELLER, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
132 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
133 CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
136 IBM will not be liable for 1) loss of, or damage to, your records or data or 2)
137 any damages claimed by you based on any third party claim.
139 This limitation of liability also applies to any developer of a Program supplied
140 to IBM. It is the maximum for which IBM and its suppliers are collectively
146 Nothing in this Agreement affects any statutory rights of consumers that cannot
147 be waived or limited by contract.
149 IBM may terminate your license if you fail to comply with the terms of this
150 Agreement. If IBM does so, your authorization to use the Program is also
153 You agree to comply with applicable export laws and regulations.
155 Neither you nor IBM will bring a legal action under this Agreement more than two
156 years after the cause of action arose unless otherwise provided by local law
157 without the possibility of contractual waiver or limitation.
159 Neither you nor IBM is responsible for failure to fulfill any obligations due to
160 causes beyond its control.
162 The laws of the country in which you acquire the Program govern this Agreement,
163 except 1) in Australia, the laws of the State or Territory in which the
164 transaction is performed govern this Agreement; 2) in Albania, Armenia, Belarus,
165 Bosnia/Herzegovina, Bulgaria, Croatia, Czech Republic, Georgia, Hungary,
166 Kazakhstan, Kirghizia, Former Yugoslav Republic of Macedonia (FYROM), Moldova,
167 Poland, Romania, Russia, Slovak Republic, Slovenia, Ukraine, and Federal
168 Republic of Yugoslavia, the laws of Austria govern this Agreement; 3) in the
169 United Kingdom, all disputes relating to this Agreement will be governed by
170 English Law and will be submitted to the exclusive jurisdiction of the English
171 courts; 4) in Canada, the laws in the Province of Ontario govern this Agreement;
172 and 5) in the United States and Puerto Rico, and People's Republic of China, the
173 laws of the State of New York govern this Agreement.
177 Part 2 - Country-unique Terms
182 Limited Warranty (Section 4):
184 The following paragraph is added to this Section:
186 The warranties specified in this Section are in addition to any rights you may
187 have under the Trade Practices Act 1974 or other legislation and are only
188 limited to the extent permitted by the applicable legislation.
190 Limitation of Liability (Section 5):
192 The following paragraph is added to this Section:
194 Where IBM is in breach of a condition or warranty implied by the Trade Practices
195 Act 1974, IBM's liability is limited to the repair or replacement of the goods,
196 or the supply of equivalent goods. Where that condition or warranty relates to
197 right to sell, quiet possession or clear title, or the goods are of a kind
198 ordinarily acquired for personal, domestic or household use or consumption, then
199 none of the limitations in this paragraph apply.
204 Limitation of Liability (Section 5):
206 The following replaces item 2 in the first paragraph of this Section:
208 2) as to any other actual direct damages, IBM's liability will be limited to the
209 total amount you paid for the Program that is the subject of the claim.
214 Limitation of Liability (Section 5):
216 The following replaces the second sentence in the first paragraph of this
219 In such instances, regardless of the basis on which you are entitled to claim
220 damages from IBM, IBM is liable for no more than 1) damages for bodily injury
221 (including death) and damage to real property and tangible personal property;
222 and 2) the amount of any other actual direct damages up to the greater of a) EUR
223 100,000 (or equivalent in local currency) or b) the charges for the Program
224 which is the subject of the claim.
229 Limited Warranty (Section 4):
231 The following paragraphs are added to this Section:
233 The minimum warranty period for Programs is six months.
235 In case a Program is delivered without Specifications, we will only warrant that
236 the Program information correctly describes the Program and that the Program can
237 be used according to the Program information. You have to check the usability
238 according to the Program information within the "money-back guaranty" period.
240 The following replaces the first sentence of the first paragraph of this
243 The warranty for an IBM Program covers the functionality of the Program for its
244 normal use and the Program's conformity to its Specifications.
246 Limitation of Liability (Section 5):
248 The following paragraph is added to the Section:
250 The limitations and exclusions specified in the Agreement will not apply to
251 damages caused by IBM with fraud or gross negligence, and for express warranty.
253 In item 2, replace "U.S. $100,000" with "EUR 500,000".
255 The following sentence is added to the end of item 2 of the first paragraph:
257 IBM's liability under this item is limited to the violation of essential
258 contractual terms in cases of ordinary negligence.
263 Limitation of Liability (Section 5):
265 The following replaces items 1 and 2 in the first paragraph:
267 1) liability for bodily injury (including death) or damage to real property and
268 tangible personal property will be limited to that caused by IBM's negligence;
269 and 2) as to any other actual damage arising in any situation involving
270 nonperformance by IBM pursuant to, or in any way related to the subject of this
271 Agreement, IBM's liability will be limited to the charge paid by you for the
272 individual Program that is the subject of the claim.
276 The following replaces the fourth paragraph of this Section:
278 If no suit or other legal action is brought, within two years after the cause of
279 action arose, in respect of any claim that either party may have against the
280 other, the rights of the concerned party in respect of such claim will be
281 forfeited and the other party will stand released from its obligations in
282 respect of such claim.
287 Limited Warranty (Section 4):
289 The following paragraph is added to this Section:
291 Except as expressly provided in these terms and conditions, all statutory
292 conditions, including all warranties implied, but without prejudice to the
293 generality of the foregoing, all warranties implied by the Sale of Goods Act
294 1893 or the Sale of Goods and Supply of Services Act 1980 are hereby excluded.
296 Limitation of Liability (Section 5):
298 The following replaces items 1 and 2 in the first paragraph of this Section:
300 1) death or personal injury or physical damage to your real property solely
301 caused by IBM's negligence; and 2) the amount of any other actual direct
302 damages, up to the greater of EUR 100,000 in respect of Programs or 125 percent
303 of the charges for the Program that is the subject of the claim or which
304 otherwise gives rise to the claim.
306 The following paragraph is added at the end of this Section:
308 IBM's entire liability and your sole remedy, whether in contract or in tort, in
309 respect of any default will be limited to damages.
314 Limitation of Liability (Section 5):
316 The following replaces the second sentence in the first paragraph:
318 In each such instance unless otherwise provided by mandatory law, IBM is liable
319 for no more than damages for bodily injury (including death) and damage to real
320 property and tangible personal property and 2) as to any other actual damage
321 arising in all situations involving non-performance by IBM pursuant to, or in
322 any way related to the subject matter of this Agreement, IBM's liability, will
323 be limited to the total amount you paid for the Program that is the subject of
329 Limited Warranty (Section 4):
331 The following paragraph is added to this Section:
333 The warranties specified in this Section are in addition to any rights you may
334 have under the Consumer Guarantees Act 1993 or other legislation which cannot be
335 excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect
336 of any goods or services which IBM provides, if you require the goods or
337 services for the purposes of a business as defined in that Act.
339 Limitation of Liability (Section 5):
341 The following paragraph is added to this Section:
343 Where Programs are not acquired for the purposes of a business as defined in the
344 Consumer Guarantees Act 1993, the limitations in this Section are subject to the
345 limitations in that Act.
348 PEOPLE'S REPUBLIC OF CHINA:
352 The following paragraph is added to the Section:
354 All banking charges incurred in the People's Republic of China will be borne by
355 you and those incurred outside the People's Republic of China will be borne by
361 Limitation of Liability (Section 5):
363 The following replaces items 1 and 2 in the first paragraph of this Section:
365 1) death or personal injury or physical damage to your real property solely
366 caused by IBM's negligence; 2) the amount of any other actual direct damages, up
367 to the greater of Pounds Sterling 75,000 in respect of Programs or 125 percent
368 of the charges for the Program that is the subject of the claim or which
369 otherwise gives rise to the claim.
371 The following item is added:
373 3) breach of IBM's obligations implied by Section 12 of the Sale of Goods Act
374 1979 or Section 2 of the Supply of Goods and Services Act 1982.
376 The following paragraph is added at the end of this Section:
378 IBM's entire liability and your sole remedy, whether in contract or in tort, in
379 respect of any default will be limited to damages.
382 Z125-3301-10 12/01 (Euro)
386 The Programs listed below are licensed under the following terms and conditions
387 in addition to those of the International Program License Agreement.
389 Program Name: IBM Informix C-ISAM V5.10
390 Program Number: 5724-C42
391 Authorization for Use on Home/Portable Computer: 2
392 Program Services End Date: 2003/04/05
394 Program Name: IBM Informix C-ISAM V7.20, V7.21, V7.22, V7.23, V7.24, V7.26
395 Program Number: 5724-C41
396 Authorization for Use on Home/Portable Computer: 2
397 Program Services End Date: 2003/04/05
399 Program Name: IBM Informix C-ISAM DataBlade Module V1.10
400 Program Number: 5724-C57
401 Authorization for Use on Home/Portable Computer: 2
402 Program Services End Date: 2003/04/05
404 Program Name: IBM Informix Connect Runtime V2.50, V2.60, V2.70
405 Program Number: 5724-C24
406 Authorization for Use on Home/Portable Computer: 2
407 Program Services End Date: 2003/04/05
409 Program Name: IBM Informix Data Director for Web V2.00
410 Program Number: 5724-C20
411 Authorization for Use on Home/Portable Computer: 2
412 Program Services End Date: 2003/04/05
414 Program Name: IBM Informix Database Administrator V1.00
415 Program Number: 5724-C53
416 Authorization for Use on Home/Portable Computer: 2
417 Program Services End Date: 2003/04/05
419 Program Name: IBM Informix Enterprise Gateway Manager V7.21
420 Program Number: 5724-C31
421 Authorization for Use on Home/Portable Computer: 2
422 Program Services End Date: 2003/04/05
424 Program Name: IBM Informix Enterprise Gateway with DRDA V7.31
425 Program Number: 5724-C31
426 Authorization for Use on Home/Portable Computer: 2
427 Program Services End Date: 2003/04/05
429 Program Name: IBM Informix ESQL for COBOL V5.10
430 Program Number: 5724-C67
431 Authorization for Use on Home/Portable Computer: 2
432 Program Services End Date: 2003/04/05
434 Program Name: IBM Informix ESQL for COBOL V7.25
435 Program Number: 5724-C68
436 Authorization for Use on Home/Portable Computer: 2
437 Program Services End Date: 2003/04/05
439 Program Name: IBM Informix ESQL/C Development and Runtime V5.10, V5.11
440 Program Number: 5724-C67
441 Authorization for Use on Home/Portable Computer: 2
442 Program Services End Date: 2003/04/05
444 Program Name: IBM Informix Excalibur Text Search DataBlade Module V1.30
445 Program Number: 5724-C29
446 Authorization for Use on Home/Portable Computer: 2
447 Program Services End Date: 2003/04/05
449 Program Name: IBM Informix Extended Parallel Server V8.32
450 Program Number: 5724-C19
451 Authorization for Use on Home/Portable Computer: 2
452 Program Services End Date: 2003/04/05
454 Program Name: IBM Informix Image Foundation DataBlade Module V2.00
455 Program Number: 5724-C59
456 Authorization for Use on Home/Portable Computer: 2
457 Program Services End Date: 2003/04/05
459 Program Name: IBM Informix I-Spy V2.00
460 Program Number: 5724-C32
461 Authorization for Use on Home/Portable Computer: 2
462 Program Services End Date: 2003/04/05
464 Program Name: IBM Informix JDBC Driver V1.50
465 Program Number: 5724-C48
466 Authorization for Use on Home/Portable Computer: 2
467 Program Services End Date: 2003/04/05
469 Program Name: IBM Informix JDBC Driver / Embedded SQLJ V2.00, V2.11, V2.20
470 Program Number: 5724-C25
471 Authorization for Use on Home/Portable Computer: 2
472 Program Services End Date: 2003/04/05
474 Program Name: IBM Informix MaxConnect V1.00
475 Program Number: 5724-C56
476 Authorization for Use on Home/Portable Computer: 2
477 Program Services End Date: 2003/04/05
479 Program Name: IBM Informix MetaCube ROLAP Option Agents, Direct Clients,
480 Indirect Clients V4.20
481 Program Number: 5724-C52
482 Authorization for Use on Home/Portable Computer: 2
483 Program Services End Date: 2003/04/05
485 Program Name: IBM Informix NAG Finance DataBlade Module V1.10
486 Program Number: 5724-C60
487 Authorization for Use on Home/Portable Computer: 2
488 Program Services End Date: 2003/04/05
490 Program Name: IBM Informix NET V5.10, V5.11
491 Program Number: 5724-C45
492 Authorization for Use on Home/Portable Computer: 2
493 Program Services End Date: 2003/04/05
495 Program Name: IBM Informix Object Translator V2.00
496 Program Number: 5724-C26
497 Authorization for Use on Home/Portable Computer: 2
498 Program Services End Date: 2003/04/05
500 Program Name: IBM Informix OnLine V5.10, V5.11
501 Program Number: 5724-C47
502 Authorization for Use on Home/Portable Computer: 2
503 Program Services End Date: 2003/04/05
505 Program Name: IBM Informix SE V5.10
506 Program Number: 5724-C44
507 Authorization for Use on Home/Portable Computer: 2
508 Program Services End Date: 2003/04/05
510 Program Name: IBM Informix SE V7.20, V7.21, V7.22, V7.23, V7.24, V7.25
511 Program Number: 5724-C43
512 Authorization for Use on Home/Portable Computer: 2
513 Program Services End Date: 2003/04/05
515 Program Name: IBM Informix Server Administrator V1.40
516 Program Number: 5724-C27
517 Authorization for Use on Home/Portable Computer: 2
518 Program Services End Date: 2003/04/05
520 Program Name: IBM Informix Spatial DataBlade Module V8.11
521 Program Number: 5724-C61
522 Authorization for Use on Home/Portable Computer: 2
523 Program Services End Date: 2003/04/05
525 Program Name: IBM Informix STAR V5.10, V5.11
526 Program Number: 5724-C46
527 Authorization for Use on Home/Portable Computer: 2
528 Program Services End Date: 2003/04/05
530 Program Name: IBM Informix TimeSeries DataBlade Module V4.01, V4.02
531 Program Number: 5724-C62
532 Authorization for Use on Home/Portable Computer: 2
533 Program Services End Date: 2003/04/05
535 Program Name: IBM Informix TimeSeries Real Time Loader Bundle V1.00, V1.01,
537 Program Number: 5724-C63
538 Authorization for Use on Home/Portable Computer: 2
539 Program Services End Date: 2003/04/05
541 Program Name: IBM Informix Video Foundation DataBlade Module V2.00
542 Program Number: 5724-C64
543 Authorization for Use on Home/Portable Computer: 2
544 Program Services End Date: 2003/04/05
546 Program Name: IBM Informix Web DataBlade Module V4.12, V4.13
547 Program Number: 5724-C30
548 Authorization for Use on Home/Portable Computer: 2
549 Program Services End Date: 2003/04/05
551 Program Name: IBM Office Connect Enterprise Web Edition, Professional Web
552 Edition, Personal Edition V3.00
553 Program Number: 5724-C15
554 Authorization for Use on Home/Portable Computer: 2
555 Program Services End Date: 2003/04/05
557 EXPLANATIONS OF TERMS:
559 Authorization for Use on Home/Portable Computer:
560 "1" means that the Program may be stored on the primary machine and another
561 machine, provided that the Program is not in active use on both machines at the
563 "2" means that you may not copy and use this Program on another computer without
564 paying additional license fees.
566 Program Services End Date:
567 The Program is warranted and program services will be available until the end
568 date specified above.
572 If for any reason you are dissatisfied with the Program, return it within 30
573 days from the invoice date, to the party (either IBM or its reseller) from whom
574 you acquired it, for a refund. This applies only to your first acquisition of
577 Specified Operating Environment
579 The Program's specifications and specified operating environment information may
580 be found in documentation accompanying the Program, if available, such as a
581 read-me file, or other information published by IBM, such as an announcement
586 Program Services End Date
588 Program Services are available at least until the end date specified above, and
589 will end on a later date if indicated on the IBM Informix Product and Support
590 area at http://www.ibm.com/software/data/informix. To locate the Product
591 Lifecycle, click on Support from the left navigation bar to access TechInfo
592 Center and other IBM support information. When prompted, enter your TechInfo
593 Center User Name and Password.
597 Your use of a Program may not exceed the level defined by the number of use
598 authorizations you have acquired. The level of use of a Program is specified by
599 one of the following:
601 - Server - "Server" means a server on which the Program is installed or
604 - Processor - "Processor" means a processor that forms part of the server on
605 which the Program is installed or executed. You must acquire a use authorization
606 for each such Processor.
608 - Concurrent Session - A Concurrent Session, at a given point in time, is each
609 logical connection, existing at that time, between the Program and an end user
610 interface device. Each such existing connection is counted as a Concurrent
611 Session whether or not it is actually in use. If an individual end user
612 establishes multiple connections, each one is counted as a separate Concurrent
613 Session, even if they share a common physical pathway. The number of connections
614 is not reduced by any program or machine, such as a front-end server or
615 multiplexer, which may be used to concentrate the connections. Each batch
616 process being executed at the same time is also considered to be a Concurrent
619 - Registered User - A Registered User of a Program is a specific individual
620 authorized by you to use the Program. Such an individual is a Registered User
621 whether or not they are actually using the Program.
625 The following term applies only to the IBM Informix Connect Runtime and IBM
626 Informix ESQL/C Runtime Programs.
628 You may only use the Program for production.
632 U.S. Government Users Restricted Rights
634 U.S. Government Users Restricted Rights - Use, duplication, or disclosure
635 restricted by the GSA ADP Schedule Contract with the IBM Corporation.