NOTICE: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM AND DOCUMENTATION. IBM(R) WILL ONLY LICENSE THIS PROGRAM AND DOCUMENTATION TO YOU IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. BY USING THE PROGRAM AND DOCUMENTATION, YOU AGREE TO ABIDE BY THESE TERMS AND APPLICABLE COPYRIGHT LAWS. IBM LIMITS YOUR ACCEPTANCE OF THE PROGRAM AND DOCUMENTATION TO THE TERMS OF THIS AGREEMENT.
The Program and Documentation is owned by International Business Machines Corporation or one of its subsidiaries (IBM) or IBM suppliers, and is copyrighted and licensed, not sold. IBM does not transfer title to this Program and Documentation to you. The terms of this Agreement apply to any additional license copy of the Program or Documentation that IBM authorizes you to make. The term "Program" means the original program and all whole or partial copies of it, including portions merged with other programs. A Program consists of machine-readable instructions and related license materials.
Under this Agreement, IBM provides you with a license to use the Program and Documentation only.
1. BACKGROUND / PURPOSE:
IBM provides certain device drivers and Documentation under this Agreement. The device drivers and library support that IBM provides under this Agreement are in object code form only. Appendix A of this Agreement indicates the server platforms that are supported. IBM uses announcements to withdraw service for device drivers, feature codes, etc., on hardware and/or operating system platforms. IBM reserves the right to change the Programs or Documentation at any time without prior notice.
2. DEFINITIONS:
Derivative Work is a work based on a preexisting work, including a compilation. A Derivative Work prepared without the authorization of the copyright owner of the preexisting work would constitute a copyright infringement.
Documentation is the Program documentation that IBM provides to you as follows: IBM Subsystem Device Driver and README files.
Object Code is machine-readable instructions in Object Code format. It is substantially in binary form and directly executable by a computer after suitable processing but without the intervening steps of compilation or assembly.
Program is the IBM Subsystem Device Driver in Object Code form.
3. LICENSE GRANT:
IBM grants you a revocable, nontransferable, nonexclusive, worldwide, paid-up copyright license to:
Your license to the Programs and Documentation terminates when you no longer rightfully possess the IBM device described in Appendix A.
This Agreement does not grant you any right or license to prepare Derivative Works of the Program and Documentation. Nothing in this Agreement grants either party any rights or licenses under any patents or patent applications regardless of whether use and/or execution of the software licensed herein may be construed to practice one or more patents.
4. RESPONSIBILITIES:
You agree to use the Program and Documentation only with the IBM device described in Appendix A of this Agreement. You will not:
5. CONFIDENTIAL INFORMATION:
Any information which either party may disclose to the other party shall not be deemed to be confidential. If the parties require the exchange of confidential information, such exchange will be made under a separate written confidentiality agreement.
6. LIMITATION OF LIABILITY:
IN NO EVENT SHALL IBM OR ITS SUPPLIERS BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOST PROFITS, BUSINESS INTERRUPTION OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES , EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
You acknowledge that circumstances may arise where, because of a default on IBM's part or other liability, you may be entitled to recover damages. Under any such circumstances, you agree that in each such instance, regardless of the basis on which you are entitled to claim damages, IBM shall be liable only up to an amount equal to five thousand U.S. dollars ($5,000). This limitation will not apply to claims relating to bodily injury (including death), and damage to real property and personal property.
7. TERMINATION:
Termination for Cause. If either party fails to perform its obligations hereunder, then the other party may terminate this Agreement or the license granted hereunder for cause.
Effect of Termination. The rights and licenses granted to you under this Agreement shall automatically terminate upon the termination of this Agreement.
8. REPRESENTATIONS AND WARRANTIES:
THE PROGRAM AND DOCUMENTATION IS PROVIDED ON AN "AS IS" BASIS. IBM MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM AND DOCUMENTATION. IBM DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PROGRAM AND DOCUMENTATION REMAINS WITH YOU.
9. GENERAL PROVISIONS:
Transfer. You may transfer possession of the program and its media and Documentation to another pay with the transfer of the IBM device described in Appendix A on which such Program is used with. If you do so, you must give the other party a copy of these terms and provide all user documentation to that party, and such party must first agree to such terms before it uses the Program and Documentation. Upon transfer of the Program and Documentation, you must destroy all your copies of the Program and Documentation.
Severability. If any provision of this Agreement is found to be illegal or uneforceable, the remainder of this Agreement shall continue in full force and effect provided that the Agreement still effectuates the parties' original intent.
Governing Law and Jury Trial Waiver. This Agreement shall be governed by the laws of the State of New York, excluding its conflict of law rules. Each party hereby agrees to waive its rights to a trial by jury.
Modifications. No modification to this Agreement, nor any waiver of any rights, shall be effective unless agreed to in a writing that is executed by both parties, and the waiver of any breach or default of this Agreement shall not constitute a waiver of any other right or of any subsequent breach or default.
Limitations on Legal Actions. Neither party will bring a legal action against the other more than two (2) years after the cause of action arose. Both parties will act in good faith to resolve disputes.
Order of Precedence. In the event of a conflict in terms between this Agreement and another agreement, the terms of this Agreement shall take precedence and prevail over such other terms.
Entire Agreement. This Agreement constitutes the entire and exclusive agreement between the parties with respect to this subject matter. All previous discussions and agreements with respect to this subject matter are superseded by this Agreement.
This Appendix indicates:
CONTINUING WITH THIS INSTALLATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF THE ABOVE 'USER LICENSE AGREEMENT FOR IBM DEVICE DRIVERS'.
IBM Subsystem Device Driver for AIX
Version 1 Release 2 Modification 0 Level 0
This README file contains last-minute product information for the Subsystem Device Driver 1.2.0. It is strongly recommended that you print and review the contents of this README file and the Subsystem Device Driver Installation and User's Guide before installing the Subsystem Device Driver.
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