path: root/licenses/IBM-J7.0

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
tdistributables

If the Program includes components that are Redistributable, they will be
identified in the REDIST file that accompanies the Program. In addition to
the license rights granted in the Agreement, Licensee may distribute the
Redistributables subject to the following terms:

1) Redistribution must be in object code form only and must conform to all
directions, instruction and specifications in the Program's accompanying
REDIST or documentation;

2) If the Program's accompanying documentation expressly allows Licensee to
modify the Redistributables, such modification must conform to all
directions, instruction and specifications in that documentation and these
modifications, if any, must be treated as Redistributables;

3) Redistributables may be distributed only as part of Licensee's
application that was developed using the Program ("Licensee's Application")
and only to support Licensee's customers in connection with their use of
Licensee's Application. Licensee's Application must constitute significant
value add such that the Redistributables are not a substantial motivation
for the acquisition by end users of Licensee's software product;

4) If the Redistributables include a Java Runtime Environment, Licensee must
also include other non-Java Redistributables with Licensee's Application,
unless the Application is designed to run only on general computer devices
(for example, laptops, desktops and servers) and not on handheld or other
pervasive devices (i.e., devices that contain a microprocessor but do not
have computing as their primary purpose);

5) Licensee may not remove any copyright or notice files contained in the
Redistributables;

6) Licensee must hold IBM, its suppliers or distributors harmless from and
against any claim arising out of the use or distribution of Licensee's
Application;

7) Licensee may not use the same path name as the original Redistributable
files/modules;

8) Licensee may not use IBM's, its suppliers or distributors names or
trademarks in connection with the marketing of Licensee's Application
without IBM's or that supplier's or distributor's prior written consent;

9) IBM, its suppliers and distributors provide the Redistributables and
related documentation without obligation of support and "AS IS", WITH NO
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF
TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE AND THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;

10) Licensee is responsible for all technical assistance for Licensee's
Application and any modifications to the Redistributables; and

11) Licensee's license agreement with the end user of Licensee's Application
must notify the end user that the Redistributables or their modifications
may not be i) used for any purpose other than to enable Licensee's
Application, ii) copied (except for backup purposes), iii) further
distributed or transferred without Licensee's Application or iv) reverse
assembled, reverse compiled, or otherwise translated except as specifically
permitted by law and without the possibility of a contractual waiver.
Furthermore, Licensee's license agreement must be at least as protective of
IBM as the terms of this Agreement.

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.

D/N: L-HKUR-8LEAPC

P/N: L-HKUR-8LEAPC