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+International License Agreement for Early Release of Programs
+
+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 TO THE PARTY FROM WHOM YOU ACQUIRED IT. IF
+YOU DOWNLOADED THE PROGRAM, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.
+
+"Early Release" means that the Program is not formally released or
+commercially available. The term does not imply that the Program will be
+formally released or made commercially available. IBM does not warrant
+that should a Program be formally released or made commercially
+available that it will be similar to, or compatible with, Early Release
+versions.
+
+"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 in a file in the
+Program's directory, by the use of a system command, or as a booklet
+which accompanies the Program. The LI may also be found at
+http://www.ibm.com/software/sla/ .
+
+"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.
+
+"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), and License Information 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.
+
+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 only for internal evaluation or testing
+purposes, and 2) make and install a reasonable number of copies,
+including a backup copy, of the Program 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.
+
+THE PROGRAM MAY CONTAIN A DISABLING DEVICE THAT WILL PREVENT IT FROM
+BEING USED AFTER THE EVALUATION PERIOD ENDS. YOU WILL NOT TAMPER WITH
+THIS DISABLING DEVICE OR THE PROGRAM. YOU SHOULD TAKE PRECAUTIONS TO
+AVOID ANY LOSS OF DATA THAT MIGHT RESULT WHEN THE PROGRAM CAN NO LONGER
+BE USED.
+
+You will 1) maintain a record of all copies of the Program and 2) 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.
+
+The evaluation period begins when You agree to the terms of this
+Agreement and ends 1) as of the duration or date specified in the
+License Information, 2) when the Program automatically disables itself,
+or 3) when IBM makes the program commercially available. You will
+destroy the Program and all copies made of it within ten days of the end
+of the evaluation period. There is no charge for the use of Program for
+the duration of the evaluation period.
+
+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.
+
+2. Rights In Data
+
+You assign to IBM all right, title, and interest (including ownership of
+copyright) in any data, suggestions, and written materials that 1) is
+related to Your use of the Program and 2) You provide to IBM. If IBM
+requires it, You will sign an appropriate document to assign such
+rights. Neither party will charge the other for rights in data or any
+work performed as a result of this Agreement.
+
+3. No Warranty
+
+SUBJECT TO ANY STATUTORY WARRANTIES WHICH 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 THE
+PROGRAM OR TECHNICAL SUPPORT, IF ANY.
+
+The exclusion also applies to any of IBM's Program developers and suppliers.
+
+Manufacturers, suppliers, or publishers of non-IBM Programs may provide
+their own warranties.
+
+IBM does not provide technical support, unless IBM specifies otherwise.
+
+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 may not export the Program.
+
+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: Limitation of Liability (Section 4): The following replaces item
+1 in the first paragraph of this section:
+
+1) damages for bodily injury (including death) and physical harm to real
+property and tangible personal property caused by IBM's negligence; and
+
+General (Section 5): The following replaces the terms in 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: No Warranty (Section 3): The following is added:
+
+Although IBM specifies that there are no warranties, You may have
+certain rights under the Trade Practices Act 1974 or other legislation
+and are only limited to the extent permitted by the applicable legislation.
+
+Limitation of Liability (Section 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: No Warranty (Section 3): The following is added:
+
+Although IBM specifies that there are no warranties, You may have
+certain rights under the Consumer Guarantees Act 1993 or other
+legislation which cannot be excluded or limited. The Consumer Guarantees
+Act 1993 will not apply in respect of any goods 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: 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.
+
+EUROPE, MIDDLE EAST, AFRICA (EMEA)
+
+Rights in Data (Section 2): In EMEA, the following replaces the terms of
+this section in their entirety:
+
+You assign to IBM all rights, title, and interest throughout the world
+(including ownership of copyright) in any data, suggestions, and written
+materials that 1) is related to Your use of the Program and 2) You
+provide to IBM. Such assignment of rights includes, but is not limited
+to, assignment of the rights to prepare and have prepared derivative
+works of the written materials, and to use, have used, execute,
+reproduce, transmit, display, perform, transfer, distribute and license
+the written materials and such derivative works in any medium or
+distribution technology, and to grant others some or all of the rights
+granted herein, for the duration of all such rights, title and interest.
+If IBM requires it, You will sign an appropriate document to assign such
+rights. Neither party will charge the other for rights in data or any
+work performed as a result of this Agreement.
+
+No Warranty (Section 3): In the European Union, the following is added
+at the beginning of this section:
+
+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 provisions of this Section 3.
+
+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, Azerbeijan, 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 all disputes arising out of this Agreement
+or related to its interpretation or its execution, the law, and the
+courts of the capital city, of the country of Your registered office
+and/or commercial site location only 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, Azerbeijan, 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: 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: 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 replaces the terms of item 5:
+
+Any claims resulting from this Agreement are subject to a statute of
+limitation of three years.
+
+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: No Warranty (Section 3): The following is added to this section:
+
+Except as expressly provided in these terms and conditions, or section
+12 of the Sale of Goods Act 1893 (as amended by the Sale of Goods and
+Supply of Services Act 1980 ("the 1980 Act")), all conditions and
+warranties (express or implied, statutory or otherwise) are hereby
+excluded including, without limitation, any warranties implied by the
+Sale of Goods Act 1893 as amended by the 1980 Act (including, for the
+avoidance of doubt, section 39 of the 1980 Act).
+
+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, AS DEFINED BY APPLICABLE LOCAL LAW, ANY LEGAL OR
+OTHER ACTION RELATED TO A BREACH OF THIS AGREEMENT MUST BE COMMENCED NO
+LATER THAN FOUR YEARS FROM THE DATE ON WHICH THE CAUSE OF ACTION AROSE.
+
+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: No Warranty (Section 3): The following replaces the
+first sentence in the first paragraph of this section:
+
+SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE EXCLUDED, IBM MAKES
+NO WARRANTY OR CONDITION EITHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT
+LIMITATION) THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR
+A PARTICULAR PURPOSE, AND NON- INFRINGEMENT, REGARDING THE PROGRAM.
+
+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.
+
+Z125-5544-02 (11/2002)
+LICENSE INFORMATION
+
+The Programs listed below are licensed under the following terms and
+conditions in addition to those of the International License Agreement
+for Early Release of Programs.
+
+Program Name: IBM(R) SDK, Java(TM) 2 Technology Edition, Version 5.0
+Early Access Release
+Program Number: 6205-001
+
+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.
+
+Evaluation Period
+
+The evaluation period begins on the date that You agree to the terms of
+this Agreement and ends after 90 days.
+
+Program-unique Terms
+
+1. GENERAL
+
+a) To the extent of any conflict between the terms of the International
+License Agreement for Early Release of Programs and this License
+Information, the terms of this License Information shall prevail.
+
+b) Where the Program has been provided to you separately by IBM, it is
+provided at no charge.
+
+c) The Program consists of binary code that executes on the operating
+system(s) specified in Readme files that accompany the Program.
+
+d) You are not authorized to use the Program or any component thereof
+for executing any production workload.
+
+e) No right is granted to you under this license to redistribute any
+part of the Program.
+
+f) In the event of any defect in the Program being reported by you to
+IBM, IBM makes no commitment to upgrade the Program or to remedy such
+defect.
+
+g) You agree to comply with all applicable export and import laws and
+regulations.
+
+h) You may not without IBM's prior written consent (i) use (or allow the
+use of) the Program, or of any of its components, for the purposes of
+benchmarking against any other version or implementation of Java 5; or
+(ii) publish, disclose or otherwise communicate to any third party the
+results of any benchmarking of the Program.
+
+2. TRADEMARKS AND COPYRIGHT: YOUR RESPONSIBILITIES
+
+a) You shall not modify, delete, suppress, or obscure any copyright,
+trademark or other legal notice (whether from IBM or any third party)
+which may be displayed by or included within the Program.
+
+b) Java and all Java-based Trademarks are trademarks of Sun
+Microsystems, Inc. in the United States, other countries, or both.
+
+c) You recognize IBM's and Sun Microsystems, Inc.'s ownership and title
+to their respective trademarks and of any goodwill attaching thereto,
+including goodwill resulting from use. You will not use or attempt to
+register any trademark which is confusingly similar to such IBM or Sun
+trademarks.
+
+3. PROOF OF ENTITLEMENT
+
+This License Agreement constitutes your Proof of Entitlement.
+
+
+
+D/N: L-ADAN-63KLDA
+P/N: L-ADAN-63KLDA