IBM Program License Agreement WHEN YOU ACCEPT DELIVERY OF THIS PACKAGE YOU AGREE TO THESE TERMS AND CONDITIONS FOR THE PROGRAM INCLUDED IN THE PACKAGE. The Program is licensed not sold. International Business Machines Corporation, or the applicable IBM country organization, (IBM) grants you a license for the Program only in the country where you acquired the Program. You obtain no rights other than those granted you under this license. The term "Program" means the original and all whole or partial copies of it, including modified copies or portions merged into other programs. IBM retains title to the Program. IBM owns, or has licensed from the owner, copyrights in the Program. You are responsible for the selection of the Program and for the installation of, use of, and results obtained from, the Program. The section, in the included documentation, entitled "License Information" contains additional information on the Program. 1. License Under this license, you may: 1) use the Program on only one machine at any one time, unless the License Information specifies otherwise; 2) copy the Program for backup or in order to modify it; 3) modify the Program and/or merge it into another program; and 4) transfer possession of the Program to another party. If you transfer the Program, you must transfer a copy of this license, the License Information, all other documentation and at least one complete, unaltered copy of the Program to the other party. You must, at the same time, either transfer all your other copies of the Program to the other party or destroy them. Your license is then terminated. The other party agrees to these terms and conditions by its first use of the Program. You must reproduce the copyright notice(s) on each copy, or partial copy, 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 Some Programs have limited warranties. The warranty details and limitations are described in their Statement of Limited Warranty. Some Programs are not warranted and IBM will specify that they are provided "AS IS". All Programs have a three-month limited warranty on their media. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES (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. IBM will provide any warranty described in IBM's Statement of Limited Warranty. IBM will a) replace defective media, or b) make a warranted Program operate or replace the Program with a functionally equivalent Program, as warranted. Otherwise, you may terminate your license, return all your copies of the Program, and IBM will refund the amount you paid for the license. 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: 1) the equivalent of U.S. $25,000 in your local currency; or 2) 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. IBM will not be liable for any lost profits, lost savings, or any incidental damages or other economic consequential damages, even if IBM, or its authorized supplier, has been advised of the possibility of such damages. IBM will not be liable for any damages claimed by you based on any third party claim. This limitation of remedies also applies to any developer of a Program supplied to IBM. IBM's and the developer's limitations of remedies are not cumulative. Such developer is an intended beneficiary of this Section. Some jurisdictions do not allow these limitations or exclusions, so they may not apply to you. 4. General You may terminate your license at any time. IBM may terminate your license if you fail to comply with the terms and conditions of this license. In either event, you must destroy all your copies of the Program. You are responsible for payment of any taxes, including personal property taxes, resulting from this license. Neither party may bring an action, regardless of form, more than two years after the cause of action arose. If you acquired the Program in the United States, this license is governed by the laws of the State of New York. If you acquired the Program in Canada, this license is governed by the laws of the Province of Ontario. Otherwise, this license is governed by the laws of the country in which you acquired the Program.