International License Agreement for Non-Warranted Programs

Part 1 - General Terms

BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, CLICKING ON AN "ACCEPT" BUTTON, 
OR OTHERWISE USING THE PROGRAM, LICENSEE AGREES TO THE TERMS OF THIS AGREEMENT. 
IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF LICENSEE, YOU REPRESENT AND 
WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND LICENSEE TO THESE TERMS. IF YOU DO 
NOT AGREE TO THESE TERMS,

* DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, CLICK ON AN "ACCEPT" BUTTON, OR USE 
THE PROGRAM; AND

* PROMPTLY RETURN THE UNUSED MEDIA AND DOCUMENTATION TO THE PARTY FROM WHOM IT 
WAS OBTAINED FOR A REFUND OF THE AMOUNT PAID. IF THE PROGRAM WAS DOWNLOADED, 
DESTROY ALL COPIES OF THE PROGRAM.

1. Definitions

"Authorized Use" - the specified level at which Licensee is authorized to 
execute or run the Program. That level may be measured by number of users, 
millions of service units ("MSUs"), Processor Value Units ("PVUs"), or other 
level of use specified by IBM.

"IBM" - International Business Machines Corporation or one of its subsidiaries.

"License Information" ("LI") - a document that provides information and any 
additional terms specific to a Program. The Program's LI is available at 
www.ibm.com/software/sla. The LI can also be found in the Program's directory, 
by the use of a system command, or as a booklet included with the Program.

"Program" - the following, including the original and all whole or partial 
copies: 1) machine-readable instructions and data, 2) components, files, and 
modules, 3) audio-visual content (such as images, text, recordings, or 
pictures), and 4) related licensed materials (such as keys and documentation).

2. Agreement Structure

This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms 
(if any) and the LI and is the complete agreement between Licensee and IBM 
regarding the use of the Program. It replaces any prior oral or written 
communications between Licensee and IBM concerning Licensee's use of the 
Program. The terms of Part 2 may replace or modify those of Part 1. To the 
extent of any conflict, the LI prevails over both Parts.

3. License Grant

The Program is owned by IBM or an IBM supplier, and is copyrighted and 
licensed, not sold.

IBM grants Licensee a nonexclusive license to 1) use the Program up to the 
Authorized Use specified in the invoice, 2) make and install copies to support 
such Authorized Use, and 3) make a backup copy, all provided that

a. Licensee has lawfully obtained the Program and complies with the terms of 
this Agreement;

b. the backup copy does not execute unless the backed-up Program cannot 
execute;

c. Licensee reproduces all copyright notices and other legends of ownership on 
each copy, or partial copy, of the Program;

d. Licensee ensures that anyone who uses the Program (accessed either locally 
or remotely) 1) does so only on Licensee's behalf and 2) complies with the 
terms of this Agreement;

e. Licensee does not 1) use, copy, modify, or distribute the Program except as 
expressly permitted in this Agreement; 2) reverse assemble, reverse compile, 
otherwise translate, or reverse engineer the Program, except as expressly 
permitted by law without the possibility of contractual waiver; 3) use any of 
the Program's components, files, modules, audio-visual content, or related 
licensed materials separately from that Program; or 4) sublicense, rent, or 
lease the Program; and

f. if Licensee obtains this Program as a Supporting Program, Licensee uses this 
Program only to support the Principal Program and subject to any limitations in 
the license to the Principal Program, or, if Licensee obtains this Program as a 
Principal Program, Licensee uses all Supporting Programs only to support this 
Program, and subject to any limitations in this Agreement. For purposes of this 
Item "f," a "Supporting Program" is a Program that is part of another IBM 
Program ("Principal Program") and identified as a Supporting Program in the 
Principal Program's LI. (To obtain a separate license to a Supporting Program 
without these restrictions, Licensee should contact the party from whom 
Licensee obtained the Supporting Program.)

This license applies to each copy of the Program that Licensee makes.

3.1 Trade-ups, Updates, Fixes, and Patches

3.1.1 Trade-ups

If the Program is replaced by a trade-up Program, the replaced Program's 
license is promptly terminated.

3.1.2 Updates, Fixes, and Patches

When Licensee obtains an update, fix, or patch to a Program, Licensee accepts 
any additional or different terms that are applicable to such update, fix, or 
patch that are specified in its LI. If no additional or different terms are 
provided, then the update, fix, or patch is subject solely to this Agreement. 
If the Program is replaced by an update, Licensee agrees to promptly 
discontinue use of the replaced Program.

3.2 Fixed Term Licenses

If IBM licenses the Program for a fixed term, Licensee's license is terminated 
at the end of the fixed term, unless Licensee and IBM agree to renew it.

3.3 Term and Termination

This Agreement is effective until terminated.

IBM may terminate Licensee's license if Licensee fails to comply with the terms 
of this Agreement.

If the license is terminated for any reason by either party, Licensee agrees to 
promptly discontinue use of and destroy all of Licensee's copies of the 
Program. Any terms of this Agreement that by their nature extend beyond 
termination of this Agreement remain in effect until fulfilled, and apply to 
both parties' respective successors and assignees.

4. Charges

Charges, if any, are based on Authorized Use obtained, which is specified in 
the invoice. IBM does not give credits or refunds for charges already due or 
paid, except as specified elsewhere in this Agreement.

If Licensee wishes to increase its Authorized Use, Licensee must notify IBM or 
an authorized IBM reseller in advance and pay any applicable charges.

5. Taxes

If any authority imposes on the Program a duty, tax, levy, or fee, excluding 
those based on IBM's net income, then Licensee agrees to pay that amount, as 
specified in an invoice, or supply exemption documentation. Licensee is 
responsible for any personal property taxes for the Program from the date that 
Licensee obtains it. If any authority imposes a customs duty, tax, levy, or fee 
for the import into or the export, transfer, access, or use of the Program 
outside the country in which the original Licensee was granted the license, 
then Licensee agrees that it is responsible for, and will pay, any amount 
imposed.

6. Money-back Guarantee

If Licensee is dissatisfied with the Program for any reason and is the original 
Licensee, Licensee may terminate the license and obtain a refund of the amount 
Licensee paid, if any, for the Program, provided that Licensee returns the 
Program to the party from whom Licensee obtained it within 30 days of the 
invoice date. If the license is for a fixed term that is subject to renewal, 
then Licensee may obtain a refund only if the Program is returned within the 
first 30 days of the initial term. If Licensee downloaded the Program, Licensee 
should contact the party from whom Licensee obtained it for instructions on how 
to obtain the refund.

7. Program Transfer

Licensee may transfer the Program and all of Licensee's license rights and 
obligations to another party only if that party agrees to the terms of this 
Agreement. If the license is terminated for any reason by either party, 
Licensee is prohibited from transferring the Program to another party. Licensee 
may not transfer a portion of 1) the Program or 2) the Program's Authorized 
Use. When Licensee transfers the Program, Licensee must also transfer a hard 
copy of this Agreement, including the LI. Immediately after the transfer, 
Licensee's license terminates.

8. No Warranties

SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, IBM MAKES NO 
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE PROGRAM, INCLUDING, 
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, 
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AND ANY 
WARRANTY OR CONDITION OF NON-INFRINGEMENT.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED 
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, 
SUCH WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM PERIOD REQUIRED BY LAW. 
NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT 
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE 
LIMITATION MAY NOT APPLY TO LICENSEE. LICENSEE MAY HAVE OTHER RIGHTS THAT VARY 
FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

THE DISCLAIMERS AND EXCLUSIONS IN THIS SECTION 8 ALSO APPLY 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 SUPPORT OF ANY KIND, UNLESS IBM SPECIFIES OTHERWISE. IN 
SUCH EVENT, ANY SUPPORT PROVIDED BY IBM IS SUBJECT TO THE DISCLAIMERS AND 
EXCLUSIONS IN THIS SECTION 8.

9. Licensee Data and Databases

To assist Licensee in isolating the cause of a problem with the Program, IBM 
may request that Licensee 1) allow IBM to remotely access Licensee's system or 
2) send Licensee information or system data to IBM. However, IBM is not 
obligated to provide such assistance unless IBM and Licensee enter a separate 
written agreement under which IBM agrees to provide to Licensee that type of 
support, which is beyond IBM's obligations in this Agreement. In any event, IBM 
uses information about errors and problems to improve its products and 
services, and assist with its provision of related support offerings. For these 
purposes, IBM may use IBM entities and subcontractors (including in one or more 
countries other than the one in which Licensee is located), and Licensee 
authorizes IBM to do so.

Licensee remains responsible for 1) any data and the content of any database 
Licensee makes available to IBM, 2) the selection and implementation of 
procedures and controls regarding access, security, encryption, use, and 
transmission of data (including any personally-identifiable data), and 3) 
backup and recovery of any database and any stored data. Licensee will not send 
or provide IBM access to any personally-identifiable information, whether in 
data or any other form, and will be responsible for reasonable costs and other 
amounts that IBM may incur relating to any such information mistakenly provided 
to IBM or the loss or disclosure of such information by IBM, including those 
arising out of any third party claims.

10. Limitation of Liability

The limitations and exclusions in this Section 10 (Limitation of Liability) 
apply to the full extent they are not prohibited by applicable law without the 
possibility of contractual waiver.

10.1 Items for Which IBM May Be Liable

Circumstances may arise where, because of a default on IBM's part or other 
liability, Licensee is entitled to recover damages from IBM. Regardless of the 
basis on which Licensee is entitled to claim damages from IBM (including 
fundamental breach, negligence, misrepresentation, or other contract or tort 
claim), IBM's entire liability for all claims in the aggregate arising from or 
related to each Program or otherwise arising under this Agreement will not 
exceed the amount of any 1) damages for bodily injury (including death) and 
damage to real property and tangible personal property and 2) other actual 
direct damages up to the charges (if the Program is subject to fixed term 
charges, up to twelve months' charges) Licensee paid for the Program that is 
the subject of the claim.

This limit also applies to any of IBM's Program developers and suppliers. It is 
the maximum for which IBM and its Program developers and suppliers are 
collectively responsible.

10.2 Items for Which IBM Is Not Liable

UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR 
ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:

a. LOSS OF, OR DAMAGE TO, DATA;

b. SPECIAL, INCIDENTAL, EXEMPLARY, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC 
CONSEQUENTIAL DAMAGES; OR

c. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.

11. Compliance Verification

For purposes of this Section 11 (Compliance Verification), "ILAN Program Terms" 
means 1) this Agreement and applicable amendments and transaction documents 
provided by IBM, and 2) IBM software policies that may be found at the IBM 
Software Policy website (www.ibm.com/softwarepolicies), including but not 
limited to those policies concerning backup, sub-capacity pricing, and 
migration.

The rights and obligations set forth in this Section 11 remain in effect during 
the period the Program is licensed to Licensee, and for two years thereafter.

11.1 Verification Process

Licensee agrees to create, retain, and provide to IBM and its auditors accurate 
written records, system tool outputs, and other system information sufficient 
to provide auditable verification that Licensee's use of all Programs is in 
compliance with the ILAN Program Terms, including, without limitation, all of 
IBM's applicable licensing and pricing qualification terms. Licensee is 
responsible for 1) ensuring that it does not exceed its Authorized Use, and 2) 
remaining in compliance with ILAN Program Terms.

Upon reasonable notice, IBM may verify Licensee's compliance with ILAN Program 
Terms at all sites and for all environments in which Licensee uses (for any 
purpose) Programs subject to ILAN Program Terms. Such verification will be 
conducted in a manner that minimizes disruption to Licensee's business, and may 
be conducted on Licensee's premises, during normal business hours. IBM may use 
an independent auditor to assist with such verification, provided IBM has a 
written confidentiality agreement in place with such auditor.

11.2 Resolution

IBM will notify Licensee in writing if any such verification indicates that 
Licensee has used any Program in excess of its Authorized Use or is otherwise 
not in compliance with the ILAN Program Terms. Licensee agrees to promptly pay 
directly to IBM the charges that IBM specifies in an invoice for 1) any such 
excess use, 2) support for such excess use for the lesser of the duration of 
such excess use or two years, and 3) any additional charges and other 
liabilities determined as a result of such verification.

12. Third Party Notices

The Program may include third party code that IBM, not the third party, 
licenses to Licensee under this Agreement. Notices, if any, for the third party 
code ("Third Party Notices") are included for Licensee's information only. 
These notices can be found in the Program's NOTICES file(s). Information on how 
to obtain source code for certain third party code can be found in the Third 
Party Notices. If in the Third Party Notices IBM identifies third party code as 
"Modifiable Third Party Code," IBM authorizes Licensee to 1) modify the 
Modifiable Third Party Code and 2) reverse engineer the Program modules that 
directly interface with the Modifiable Third Party Code provided that it is 
only for the purpose of debugging Licensee's modifications to such third party 
code. IBM's service and support obligations, if any, apply only to the 
unmodified Program.

13. General

a. Nothing in this Agreement affects any statutory rights of consumers that 
cannot be waived or limited by contract.

b. For Programs IBM provides to Licensee in tangible form, IBM fulfills its 
shipping and delivery obligations upon the delivery of such Programs to the 
IBM-designated carrier, unless otherwise agreed to in writing by Licensee and 
IBM.

c. If any provision of this Agreement is held to be invalid or unenforceable, 
the remaining provisions of this Agreement remain in full force and effect.

d. Licensee agrees to comply with all applicable export and import laws and 
regulations, including U.S. embargo and sanctions regulations and prohibitions 
on export for certain end uses or to certain users.

e. Licensee authorizes International Business Machines Corporation and its 
subsidiaries (and their successors and assigns, contractors and IBM Business 
Partners) to store and use Licensee's business contact information wherever 
they do business, in connection with IBM products and services, or in 
furtherance of IBM's business relationship with Licensee.

f. Each party will allow the other reasonable opportunity to comply before it 
claims that the other has not met its obligations under this Agreement. The 
parties will attempt in good faith to resolve all disputes, disagreements, or 
claims between the parties relating to this Agreement.

g. Unless otherwise required by applicable law without the possibility of 
contractual waiver or limitation: 1) neither party will bring a legal action, 
regardless of form, for any claim arising out of or related to this Agreement 
more than two years after the cause of action arose; and 2) upon the expiration 
of such time limit, any such claim and all respective rights related to the 
claim lapse.

h. Neither Licensee nor IBM is responsible for failure to fulfill any 
obligations due to causes beyond its control.

i. No right or cause of action for any third party is created by this 
Agreement, nor is IBM responsible for any third party claims against Licensee, 
except as permitted in Subsection 10.1 (Items for Which IBM May Be Liable) 
above for bodily injury (including death) or damage to real or tangible 
personal property for which IBM is legally liable to that third party.

j. In entering into this Agreement, neither party is relying on any 
representation not specified in this Agreement, including but not limited to 
any representation concerning: 1) the performance or function of the Program; 
2) the experiences or recommendations of other parties; or 3) any results or 
savings that Licensee may achieve.

k. IBM has signed agreements with certain organizations (called "IBM Business 
Partners") to promote, market, and support certain Programs. IBM Business 
Partners remain independent and separate from IBM. IBM is not responsible for 
the actions or statements of IBM Business Partners or obligations they have to 
Licensee.

l. The license and intellectual property indemnification terms of Licensee's 
other agreements with IBM (such as the IBM Customer Agreement) do not apply to 
Program licenses granted under this Agreement.

m. Both parties agree that all information exchanged is nonconfidential. If 
either party requires the exchange of confidential information, it will be made 
under a signed confidentiality agreement;

14. Geographic Scope and Governing Law

14.1 Governing Law

Both parties agree to the application of the laws of the country in which 
Licensee obtained the Program license to govern, interpret, and enforce all of 
Licensee's and IBM's respective 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.

14.2 Jurisdiction

All rights, duties, and obligations are subject to the courts of the country in 
which Licensee obtained the Program license.

Part 2 - Country-unique Terms

For licenses granted in the countries specified below, the following terms 
replace or modify the referenced terms in Part 1. All terms in Part 1 that are 
not changed by these amendments remain unchanged and in effect. This Part 2 is 
organized as follows:

* Multiple country amendments to Part 1, Section 14 (Governing Law and 
Jurisdiction);

* Americas country amendments to other Agreement terms;

* Asia Pacific country amendments to other Agreement terms; and

* Europe, Middle East, and Africa country amendments to other Agreement terms.

Multiple country amendments to Part 1, Section 14 (Governing Law and 
Jurisdiction)

14.1 Governing Law

The phrase "the laws of the country in which Licensee obtained the Program 
license" in the first paragraph of 14.1 Governing Law is replaced by the 
following phrases in the countries below:

AMERICAS

(1) In Canada: the laws in the Province of Ontario;

(2) in Mexico: the federal laws of the Republic of Mexico;

(3) in the United States, Anguilla, Antigua/Barbuda, Aruba, British Virgin 
Islands, Cayman Islands, Dominica, Grenada, Guyana, Saint Kitts and Nevis, 
Saint Lucia, Saint Maarten, and Saint Vincent and the Grenadines: the laws of 
the State of New York, United States;

(4) in Venezuela: the laws of the Bolivarian Republic of Venezuela;

ASIA PACIFIC

(5) in Cambodia and Laos: the laws of the State of New York, United States;

(6) in Australia: the laws of the State or Territory in which the transaction 
is performed;

(7) in Hong Kong SAR and Macau SAR: the laws of Hong Kong Special 
Administrative Region ("SAR");

(8) in Taiwan: the laws of Taiwan;

EUROPE, MIDDLE EAST, AND AFRICA

(9) in Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, 
Croatia, Former Yugoslav Republic of Macedonia, Georgia, Hungary, Kazakhstan, 
Kyrgyzstan, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia, 
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan: the laws of Austria;

(10) in Algeria, Andorra, 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 and Futuna: the laws of France;

(11) in Estonia, Latvia, and Lithuania: the laws of Finland;

(12) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, 
Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, 
Pakistan, Qatar, Rwanda, Sao Tome and Principe, Saudi Arabia, Sierra Leone, 
Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West 
Bank/Gaza, Yemen, Zambia, and Zimbabwe: the laws of England; and

(13) in South Africa, Namibia, Lesotho, and Swaziland: the laws of the Republic 
of South Africa.

14.2 Jurisdiction

The following paragraph pertains to jurisdiction and replaces Subsection 14.2 
(Jurisdiction) as it applies for those countries identified below:

All rights, duties, and obligations are subject to the courts of the country in 
which Licensee obtained the Program license except that in the countries 
identified below all disputes arising out of or related to this Agreement, 
including summary proceedings, will be brought before and subject to the 
exclusive jurisdiction of the following courts of competent jurisdiction:

AMERICAS

(1) In Argentina: the Ordinary Commercial Court of the city of Buenos Aires,

(2) in Brazil: the court of Rio de Janeiro, RJ;

(3) in Chile: the Civil Courts of Justice of Santiago;

(4) in Ecuador: the civil judges of Quito for executory or summary proceedings 
(as applicable);

(5) in Mexico: the courts located in Mexico City, Federal District;

(6) in Peru: the judges and tribunals of the judicial district of Lima, 
Cercado;

(7) in Uruguay: the courts of the city of Montevideo;

(8) in Venezuela: the courts of the metropolitan area of the city of Caracas;

EUROPE, MIDDLE EAST, AND AFRICA

(9) in Austria: the court of law in Vienna, Austria (Inner-City);

(10) in Algeria, Andorra, Benin, Burkina Faso, Cameroon, Cape Verde, Central 
African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic 
of Congo, Equatorial Guinea, France, French Guiana, French Polynesia, Gabon, 
Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, 
Mauritania, Mauritius, Mayotte, Monaco, Morocco, New Caledonia, Niger, Reunion, 
Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis and Futuna: the 
Commercial Court of Paris;

(11) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, 
Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, 
Pakistan, Qatar, Rwanda, Sao Tome and Principe, Saudi Arabia, Sierra Leone, 
Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West 
Bank/Gaza, Yemen, Zambia, and Zimbabwe: the English courts;

(12) in South Africa, Namibia, Lesotho, and Swaziland: the High Court in 
Johannesburg;

(13) in Greece: the competent court of Athens;

(14) in Israel: the courts of Tel Aviv-Jaffa;

(15) in Italy: the courts of Milan;

(16) in Portugal: the courts of Lisbon;

(17) in Spain: the courts of Madrid; and

(18) in Turkey: the Istanbul Central Courts and Execution Directorates of 
Istanbul, the Republic of Turkey.

14.3 Arbitration

The following paragraph is added as a new Subsection 14.3 (Arbitration) as it 
applies for those countries identified below. The provisions of this Subsection 
14.3 prevail over those of Subsection 14.2 (Jurisdiction) to the extent 
permitted by the applicable governing law and rules of procedure:

ASIA PACIFIC

(1) In Cambodia, India, Indonesia, Laos, Philippines, and Vietnam:

Disputes arising out of or in connection with this Agreement will be finally 
settled by arbitration which will be held in Singapore in accordance with the 
Arbitration Rules of Singapore International Arbitration Center ("SIAC Rules") 
then in effect. The arbitration award will be final and binding for the parties 
without appeal and will be in writing and set forth the findings of fact and 
the conclusions of law.

The number of arbitrators will be three, with each side to the dispute being 
entitled to appoint one arbitrator. The two arbitrators appointed by the 
parties will appoint a third arbitrator who will act as chairman of the 
proceedings. Vacancies in the post of chairman will be filled by the president 
of the SIAC. Other vacancies will be filled by the respective nominating party. 
Proceedings will 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 will be the sole arbitrator, provided that the arbitrator was 
validly and properly appointed. All proceedings will 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.

(2) In the People's Republic of China:

In case no settlement can be reached, the disputes will be submitted to China 
International Economic and Trade Arbitration Commission for arbitration 
according to the then effective rules of the said Arbitration Commission. The 
arbitration will take place in Beijing and be conducted in Chinese. The 
arbitration award will be final and binding on both parties. During the course 
of arbitration, this agreement will continue to be performed except for the 
part which the parties are disputing and which is undergoing arbitration.

EUROPE, MIDDLE EAST, AND AFRICA

(3) In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, 
Croatia, Former Yugoslav Republic of Macedonia, Georgia, Hungary, Kazakhstan, 
Kyrgyzstan, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia, 
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan:

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.

(4) 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.

AMERICAS COUNTRY AMENDMENTS

CANADA

10.1 Items for Which IBM May Be Liable

The following replaces Item 1 in the first paragraph of this Subsection 10.1 
(Items for Which IBM May Be Liable):

1) damages for bodily injury (including death) and physical harm to real 
property and tangible personal property caused by IBM's negligence; and

13. General

The following replaces Item 13.d:

d. Licensee agrees to comply with all applicable export and import laws and 
regulations, including those of that apply to goods of United States origin and 
that prohibit or limit export for certain uses or to certain users.

The following replaces Item 13.i:

i. No right or cause of action for any third party is created by this Agreement 
or any transaction under it, nor is IBM responsible for any third party claims 
against Licensee 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 to 
that third party.

The following is added as Item 13.n:

n. For purposes of this Item 13.n, "Personal Data" refers to information 
relating to an identified or identifiable individual made available by one of 
the parties, its personnel or any other individual to the other in connection 
with this Agreement. The following provisions apply in the event that one party 
makes Personal Data available to the other:

(1) General

(a) Each party is responsible for complying with any obligations applying to it 
under applicable Canadian data privacy laws and regulations ("Laws").

(b) Neither party will request Personal Data beyond what is necessary to 
fulfill the purpose(s) for which it is requested. The purpose(s) for requesting 
Personal Data must be reasonable. Each party will agree in advance as to the 
type of Personal Data that is required to be made available.

(2) Security Safeguards

(a) Each party acknowledges that it is solely responsible for determining and 
communicating to the other the appropriate technological, physical and 
organizational security measures required to protect Personal Data.

(b) Each party will ensure that Personal Data is protected in accordance with 
the security safeguards communicated and agreed to by the other.

(c) Each party will ensure that any third party to whom Personal Data is 
transferred is bound by the applicable terms of this section.

(d) Additional or different services required to comply with the Laws will be 
deemed a request for new services.

(3) Use

Each party agrees that Personal Data will only be used, accessed, managed, 
transferred, disclosed to third parties or otherwise processed to fulfill the 
purpose(s) for which it was made available.

(4) Access Requests

(a) Each party agrees to reasonably cooperate with the other in connection with 
requests to access or amend Personal Data.

(b) Each party agrees to reimburse the other for any reasonable charges 
incurred in providing each other assistance.

(c) Each party agrees to amend Personal Data only upon receiving instructions 
to do so from the other party or its personnel.

(5) Retention

Each party will promptly return to the other or destroy all Personal Data that 
is no longer necessary to fulfill the purpose(s) for which it was made 
available, unless otherwise instructed by the other or its personnel or 
required by law.

(6) Public Bodies Who Are Subject to Public Sector Privacy Legislation

For Licensees who are public bodies subject to public sector privacy 
legislation, this Item 13.n applies only to Personal Data made available to 
Licensee in connection with this Agreement, and the obligations in this section 
apply only to Licensee, except that: 1) section (2)(a) applies only to IBM; 2) 
sections (1)(a) and (4)(a) apply to both parties; and 3) section (4)(b) and the 
last sentence in (1)(b) do not apply.

PERU

10. Limitation of Liability

The following is added to the end of this Section 10 (Limitation of Liability):

Except as expressly required by law without the possibility of contractual 
waiver, Licensee and IBM intend that the limitation of liability in this 
Limitation of Liability section applies to damages caused by all types of 
claims and causes of action. If any limitation on or exclusion from liability 
in this section is held by a court of competent jurisdiction to be 
unenforceable with respect to a particular claim or cause of action, the 
parties intend that it nonetheless apply to the maximum extent permitted by 
applicable law to all other claims and causes of action.

10.1 Items for Which IBM May Be Liable

The following is added to the end of this Subsection 10.1:

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

5. Taxes

The following is added to the end of this Section 5 (Taxes):

For Programs delivered electronically in the United States for which Licensee 
claims a state sales and use tax exemption, Licensee agrees not to receive any 
tangible personal property (e.g., media and publications) associated with the 
electronic program.

Licensee agrees to be responsible for any sales and use tax liabilities that 
may arise as a result of Licensee's subsequent redistribution of Programs after 
delivery by IBM.

13. General

The following is added to Section 13 as Item 13.n:

n. U.S. Government Users Restricted Rights - Use, duplication or disclosure is 
restricted by the GSA IT Schedule 70 Contract with the IBM Corporation.

The following is added to Item 13.f:

Each party waives any right to a jury trial in any proceeding arising out of or 
related to this Agreement.

ASIA PACIFIC COUNTRY AMENDMENTS

AUSTRALIA

5. Taxes

The following sentences replace the first two sentences of Section 5 (Taxes):

If any government or authority imposes a duty, tax (other than income tax), 
levy, or fee, on this Agreement or on the Program itself, that is not otherwise 
provided for in the amount payable, Licensee agrees to pay it when IBM invoices 
Licensee. If the rate of GST changes, IBM may adjust the charge or other amount 
payable to take into account that change from the date the change becomes 
effective.

8. No Warranties

The following is added to the first paragraph of Section 8 (No Warranties):

Although IBM specifies that there are no warranties Licensee 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.

10.1 Items for Which IBM May Be Liable

The following is added to Subsection 10.1 (Items for Which IBM Maybe Liable):

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 obtained for personal, domestic or household use or 
consumption, then none of the limitations in this paragraph apply.

HONG KONG SAR, MACAU SAR, AND TAIWAN

As applies to licenses obtained in Taiwan and the special administrative 
regions, phrases throughout this Agreement containing the word "country" (for 
example, "the country in which the original Licensee was granted the license" 
and "the country in which Licensee obtained the Program license") are replaced 
with the following:

(1) In Hong Kong SAR: "Hong Kong SAR"

(2) In Macau SAR: "Macau SAR" except in the Governing Law clause (Section 14.1)

(3) In Taiwan: "Taiwan."

INDIA

10.1 Items for Which IBM May Be Liable

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 Licensee for 
the individual Program that is the subject of the claim.

13. General

The following replaces the terms of Item 13.g:

g. 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.

INDONESIA

3.3 Term and Termination

The following is added to the last paragraph:

Both parties waive the provision of article 1266 of the Indonesian Civil Code, 
to the extent the article provision requires such court decree for the 
termination of an agreement creating mutual obligations.

JAPAN

13. General

The following is inserted as Item 13.n:

n. Any doubts concerning this Agreement will be initially resolved between us 
in good faith and in accordance with the principle of mutual trust.

MALAYSIA

10.2 Items for Which IBM Is Not Liable

The word "SPECIAL" in Item 10.2b is deleted.

NEW ZEALAND

8. No Warranties

The following is added to the first paragraph of this Section 8 (No 
Warranties):

Although IBM specifies that there are no warranties Licensee 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 Licensee requires the goods for the 
purposes of a business as defined in that Act.

10. Limitation of Liability

The following is added:

Where Programs are not obtained 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

4. Charges

The following is added:

All banking charges incurred in the People's Republic of China will be borne by 
Licensee and those incurred outside the People's Republic of China will be 
borne by IBM.

PHILIPPINES

10.2 Items for Which IBM Is Not Liable

The following replaces the terms of Item 10.2b:

b. special (including nominal and exemplary damages), moral, incidental, or 
indirect damages or for any economic consequential damages; or

SINGAPORE

10.2 Items for Which IBM Is Not Liable

The words "SPECIAL" and "ECONOMIC" are deleted from Item 10.2b.

13. General

The following replaces the terms of Item 13.i:

i. Subject to the rights provided to IBM's suppliers and Program developers as 
provided in Section 10 above (Limitation of Liability), a person who is not a 
party to this Agreement will have no right under the Contracts (Right of Third 
Parties) Act to enforce any of its terms.

TAIWAN

10.1 Items for Which IBM May Be Liable

The following sentences are deleted:

This limit also applies to any of IBM's subcontractors and Program developers. 
It is the maximum for which IBM and its subcontractors and Program developers 
are collectively responsible.

EUROPE, MIDDLE EAST, AFRICA (EMEA) COUNTRY AMENDMENTS

EUROPEAN UNION MEMBER STATES

8. No Warranties

The following is added to Section 8 (No Warranties):

In the European Union ("EU"), consumers have legal rights under applicable 
national legislation governing the sale of consumer goods. Such rights are not 
affected by the provisions set out in this Section 8 (No Warranties).

EU MEMBER STATES AND THE COUNTRIES IDENTIFIED BELOW

Iceland, Liechtenstein, Norway, Switzerland, Turkey, and any other European 
country that has enacted local data privacy or protection legislation similar 
to the EU model.

13. General

The following replaces Item 13.e:

(1) Definitions - For the purposes of this Item 13.e, the following additional 
definitions apply:

(a) Business Contact Information - business-related contact information 
disclosed by Licensee to IBM, including names, job titles, business addresses, 
telephone numbers and email addresses of Licensee's employees and contractors. 
For Austria, Italy and Switzerland, Business Contact Information also includes 
information about Licensee and its contractors as legal entities (for example, 
Licensee's revenue data and other transactional information)

(b) Business Contact Personnel - Licensee employees and contractors to whom the 
Business Contact Information relates.

(c) Data Protection Authority - the authority established by the Data 
Protection and Electronic Communications Legislation in the applicable country 
or, for non-EU countries, the authority responsible for supervising the 
protection of personal data in that country, or (for any of the foregoing) any 
duly appointed successor entity thereto.

(d) Data Protection & Electronic Communications Legislation - (i) the 
applicable local legislation and regulations in force implementing the 
requirements of EU Directive 95/46/EC (on the protection of individuals with 
regard to the processing of personal data and on the free movement of such 
data) and of EU Directive 2002/58/EC (concerning the processing of personal 
data and the protection of privacy in the electronic communications sector); or 
(ii) for non-EU countries, the legislation and/or regulations passed in the 
applicable country relating to the protection of personal data and the 
regulation of electronic communications involving personal data, including (for 
any of the foregoing) any statutory replacement or modification thereof.

(e) IBM Group - International Business Machines Corporation of Armonk, New 
York, USA, its subsidiaries, and their respective Business Partners and 
subcontractors.

(2) Licensee authorizes IBM:

(a) to process and use Business Contact Information within IBM Group in support 
of Licensee including the provision of support services, and for the purpose of 
furthering the business relationship between Licensee and IBM Group, including, 
without limitation, contacting Business Contact Personnel (by email or 
otherwise) and marketing IBM Group products and services (the "Specified 
Purpose"); and

(b) to disclose Business Contact Information to other members of IBM Group in 
pursuit of the Specified Purpose only.

(3) IBM agrees that all Business Contact Information will be processed in 
accordance with the Data Protection & Electronic Communications Legislation and 
will be used only for the Specified Purpose.

(4) To the extent required by the Data Protection & Electronic Communications 
Legislation, Licensee represents that (a) it has obtained (or will obtain) any 
consents from (and has issued (or will issue) any notices to) the Business 
Contact Personnel as are necessary in order to enable IBM Group to process and 
use the Business Contact Information for the Specified Purpose.

(5) Licensee authorizes IBM to transfer Business Contact Information outside 
the European Economic Area, provided that the transfer is made on contractual 
terms approved by the Data Protection Authority or the transfer is otherwise 
permitted under the Data Protection & Electronic Communications Legislation.

AUSTRIA

8. No Warranties

In Austria (and Germany) the following replaces Section 8 (No Warranties) in 
its entirety, including its title, if Licensee paid a charge to obtain the 
Program.

8. Warranties and Exclusions

The warranty period is twelve months from the date of delivery. The limitation 
period for consumers in action for breach of warranty is the statutory period 
as a minimum.

The warranty for an IBM Program covers the functionality of the Program for its 
normal use and the Program's conformity to its specifications.

IBM warrants that when the Program is used in the specified operating 
environment it will conform to its specifications. IBM does not warrant 
uninterrupted or error-free operation of the Program or that IBM will correct 
all Program defects. Licensee is responsible for the results obtained from the 
use of the Program.

The warranty applies only to the unmodified portion of the Program.

If the Program does not function as warranted during the warranty period and 
the problem cannot be resolved with information available, Licensee may return 
the Program to the party from whom Licensee acquired it and receive a refund of 
the amount Licensee paid. If Licensee down loaded the Program, Licensee may 
contact the party from whom Licensee acquired it to obtain the refund.

This is IBM's sole obligation to Licensee, except as otherwise required by 
applicable statutory law.

10. Limitation of Liability

The following is added:

The following limitations and exclusions of IBM's liability do not apply for 
damages caused by gross negligence or willful misconduct.

10.1 Items for Which IBM May Be Liable

The following replaces the first sentence in the first paragraph:

Circumstances may arise where, because of a default by IBM in the performance 
of its obligations under this Agreement or other liability, Licensee is 
entitled to recover damages from IBM.

In the second sentence of the first paragraph, delete entirely the 
parenthetical phrase:

"(including fundamental breach, negligence, misrepresentation, or other 
contract or tort claim)".

10.2 Items for Which IBM Is Not Liable

The following replaces Item 10.2b:

b. indirect damages or consequential damages; or

BELGIUM, FRANCE, ITALY, AND LUXEMBOURG

10. Limitation of Liability

The following replaces the terms of Section 10 (Limitation of Liability) in its 
entirety:

Except as otherwise provided by mandatory law:

10.1 Items for Which IBM May Be Liable

IBM's entire liability for all claims in the aggregate 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 (if the Program is subject to fixed term 
charges, up to twelve months' charges) Licensee paid for the Program that has 
caused the damages.

The above limitation will not apply to damages for bodily injuries (including 
death) and damages to real property and tangible personal property for which 
IBM is legally liable.

10.2 Items for Which IBM Is Not Liable

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, EXEMPLARY OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC 
CONSEQUENTIAL DAMAGES; AND / OR 3) LOST PROFITS, BUSINESS, REVENUE, GOODWILL, 
OR ANTICIPATED SAVINGS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE 
EVENT THAT GENERATED THE DAMAGES.

10.3 Suppliers and Program Developers

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.

GERMANY

8. No Warranties

This Section 8 (No Warranties) is amended as specified for AUSTRIA.

10. Limitation of Liability

The following replaces this Section 10 (Limitation of Liability) in its 
entirety:

a. IBM will be liable without limit for 1) loss or damage caused by a breach of 
an express guarantee; 2) damages or losses resulting in bodily injury 
(including death); and 3) damages caused intentionally or by gross negligence.

b. In the event of loss, damage and frustrated expenditures caused by slight 
negligence or in breach of essential contractual obligations, IBM will be 
liable, regardless of the basis on which Licensee is entitled to claim damages 
from IBM (including fundamental breach, negligence, misrepresentation, or other 
contract or tort claim), per claim only up to the greater of 500,000 euro or 
the charges (if the Program is subject to fixed term charges, up to 12 months' 
charges) Licensee paid for the Program that caused the loss or damage. A number 
of defaults which together result in, or contribute to, substantially the same 
loss or damage will be treated as one default.

c. In the event of loss, damage and frustrated expenditures caused by slight 
negligence, IBM will not be liable for indirect or consequential damages, even 
if IBM was informed about the possibility of such loss or damage.

d. In case of delay on IBM's part: 1) IBM will pay to Licensee an amount not 
exceeding the loss or damage caused by IBM's delay and 2) IBM will be liable 
only in respect of the resulting damages that Licensee suffers, subject to the 
provisions of Items a and b above.

13. General

The following replaces the provisions of 13.g:

g. Any claims resulting from this Agreement are subject to a limitation period 
of three years, except as stated in Section 8 (No Warranties) of this 
Agreement.

The following replaces the provisions of 13.i:

i. No right or cause of action for any third party is created by this 
Agreement, nor is IBM responsible for any third party claims against Licensee, 
except (to the extent permitted in Section 10 (Limitation of Liability)) for: 
i) bodily injury (including death); or ii) damage to real or tangible personal 
property for which (in either case) IBM is legally liable to that third party.

IRELAND

8. No Warranties

The following paragraph is added to the second paragraph of this Section 8 (No 
Warranties):

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 or 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).

IRELAND AND UNITED KINGDOM

2. Agreement Structure

The following sentence is added:

Nothing in this paragraph shall have the effect of excluding or limiting 
liability for fraud.

10.1 Items for Which IBM May Be Liable

The following replaces the first paragraph of the Subsection:

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 Licensee, whether in contract or in 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 by IBM in the performance 
of its obligations under this Agreement or other liability, Licensee is 
entitled to recover damages from IBM. Regardless of the basis on which Licensee 
is entitled to claim damages from IBM and except as expressly required by law 
without the possibility of contractual waiver, IBM's entire liability for any 
one Default will not exceed the amount of any direct damages, to the extent 
actually suffered by Licensee as an immediate and direct consequence of the 
Default, up to the greater of (1) 500,000 euro (or the equivalent in local 
currency) or (2) 125% of the charges (if the Program is subject to fixed term 
charges, up to 12 months' charges) for the Program that is the subject of the 
claim. Notwithstanding the foregoing, the amount of any damages for bodily 
injury (including death) and damage to real property and tangible personal 
property for which IBM is legally liable is not subject to such limitation.

10.2 Items for Which IBM Is Not Liable

The following replaces Items 10.2b and 10.2c:

b. special, incidental, exemplary, or indirect damages or consequential 
damages; or

c. wasted management time or lost profits, business, revenue, goodwill, or 
anticipated savings.

Z125-5589-04 (09/2009)


LICENSE INFORMATION

The Programs listed below are licensed under the following terms and conditions 
in addition to those of the International License Agreement for Non-Warranted 
Programs.

Program Name: IBM(R) 32-bit Runtime Environment for AIX(TM), Java(TM) 
Technology Edition, Version 6
Program Number: TOOLS

Redistribution Information

If Licensee has developed an application that is dependent upon the files or 
modules listed below or located in the directory named below, Licensee may 
distribute these files or modules ("Redistributables"), subject to the 
following terms:
1) The Redistributables must be in object code only and conform to all 
directions, instructions, and specifications in the Program's documentation. If 
the Program's documentation expressly allows Licensee to modify the 
Redistributables, such modification must conform to all directions, 
instructions, and specifications in the Program's documentation; These 
modifications, if any, are included in the definition of Redistributables.
2) Licensee must distribute the Redistributable only as part of Licensee's 
application that was developed using the Program and only to support Licensee's 
customers in connection with their use of Licensee's application.
3) Licensee will indemnify IBM and its suppliers or distributors from and 
against any third party claim arising out of the use or distribution of 
Licensee's application.
4) Licensee may not use the same path name as Redistributables nor may Licensee 
remove any copyright or notice files contained in the Redistributables.
5) Licensee may not use IBM's or its suppliers' or distributors' names or 
trademarks in connection with the marketing of Licensee's applications without 
IBM's or that supplier's or distributor's prior written consent.
6) IBM and its suppliers and distributors provide the Redistributables and 
related documentation "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR 
IMPLIED, INCLUDING THE WARRANTY OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND 
THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A 
PARTICULAR PURPOSE; THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF 
THE REDISTRIBUTABLES IS WITH LICENSEE. IN NO EVENT WILL IBM BE LIABLE FOR ANY 
DIRECT, INDIRECT, OR INCIDENTAL DAMAGES, LOST PROFITS, LOST SAVINGS OR ECONOMIC 
CONSEQUENTIAL DAMAGES, EVEN IF IBM OR ITS AUTHORIZED SUPPLIER OR DISTRIBUTOR 
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES REGARDING THE 
REDISTRIBUTABLES OR TECHNICAL SUPPORT, IF ANY.
7) Licensee is responsible for all technical assistance for Licensee's 
application and any modifications to the Redistributables.
8) In Licensee's license agreement with Licensee's end-users, Licensee will 
notify the end-user that the Redistributables or their modifications may not be 
1) used for any purpose other than to enable Licensee's application, 2) copied 
(except for backup purposes), 3) further distributed without Licensee's 
application, or 4) reverse assembled, reverse compiled, or otherwise 
translated.
9) Licensee agrees to label Licensee's application containing the 
Redistributables as follows:
"Contains IBM Licensed Materials
Copyright IBM Corporation 2010"

The following are Redistributables licensed with the Programs:
..../jre/bin/...
..../jre/lib/...
..../jre/javaws/...

Program-unique Terms

1. GENERAL

a) Where the Program has been provided to Licensee separately by IBM, it is 
provided at no charge.

b) The Program consists of binary code that executes on the operating system(s) 
specified in Readme files that accompany the Program.

2. TRADEMARKS AND COPYRIGHT: YOUR RESPONSIBILITIES

a) Licensee 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) Licensee recognizes 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. Licensee will not use or attempt to register any 
trademark which is confusingly similar to such IBM or Sun trademarks.


D/N:  L-HKUR-7ZNBQJ
P/N:  L-HKUR-7ZNBQJ 
