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IBM Program License Agreement
THE DEVICE YOU HAVE PURCHASED CONTAINS ONE OR MORE
SOFTWARE PROGRAMS (“PROGRAMS”) WHICH BELONG TO
INTERNATIONAL BUSINESS MACHINES CORPORATION (“IBM”).
THIS DOCUMENT DEFINES THE TERMS AND CONDITIONS UNDER
WHICH THE SOFTWARE IS BEING LICENSED TO YOU BY IBM. IF
YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS
LICENSE, THEN WITHIN 14 DAYS AFTER YOUR ACQUISITION OF
THE DEVICE YOU MAY RETURN THE DEVICE FOR A FULL
REFUND. 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 the applicable IBM country
organization, grants you a license for the Programs only in the country
where you acquired the Programs. You obtain no rights other than those
granted you under this license.
The term “Programs” 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 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 device on
which they are installed and transfer possession of the Programs and
the device 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 agrees to these terms and conditions by its
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;
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: