638 lines
24 KiB
Text
638 lines
24 KiB
Text
Informix JDBC Driver
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International Program License Agreement
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Part 1 - General Terms
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PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. IBM WILL LICENSE
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THE PROGRAM TO YOU ONLY IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. BY
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USING THE PROGRAM YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF
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THIS AGREEMENT, PROMPTLY RETURN THE UNUSED PROGRAM TO THE PARTY (EITHER IBM OR
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ITS RESELLER) FROM WHOM YOU ACQUIRED IT TO RECEIVE A REFUND OF THE AMOUNT YOU
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PAID.
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The Program is owned by International Business Machines Corporation or one of
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its subsidiaries (IBM) or an IBM supplier, and is copyrighted and licensed, not
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sold.
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The term "Program" means the original program and all whole or partial copies of
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it. A Program consists of machine-readable instructions, its components, data,
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audio-visual content (such as images, text, recordings, or pictures), and
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related licensed materials.
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This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms,
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and "License Information" and is the complete agreement regarding the use of
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this Program, and replaces any prior oral or written communications between you
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and IBM. The terms of Part 2 and License Information may replace or modify those
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of Part 1.
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1. License
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Use of the Program
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IBM grants you a nonexclusive license to use the Program.
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You may 1) use the Program to the extent of authorizations you have acquired and
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2) make and install copies to support the level of use authorized, providing you
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reproduce the copyright notice and any other legends of ownership on each copy,
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or partial copy, of the Program.
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If you acquire this Program as a program upgrade, your authorization to use the
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Program from which you upgraded is terminated.
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You will ensure that anyone who uses the Program does so only in compliance with
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the terms of this Agreement.
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You may not 1) use, copy, modify, or distribute the Program except as provided
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in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate
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the Program except as specifically permitted by law without the possibility of
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contractual waiver; or 3) sublicense, rent, or lease the Program.
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Transfer of Rights and Obligations
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You may transfer all your license rights and obligations under a Proof of
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Entitlement for the Program to another party by transferring the Proof of
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Entitlement and a copy of this Agreement and all documentation. The transfer of
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your license rights and obligations terminates your authorization to use the
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Program under the Proof of Entitlement.
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2. Proof of Entitlement
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The Proof of Entitlement for this Program is evidence of your authorization to
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use this Program and of your eligibility for warranty services, future upgrade
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program prices (if announced), and potential special or promotional
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opportunities.
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3. Charges and Taxes
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IBM defines use for the Program for charging purposes and specifies it in the
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Proof of Entitlement. Charges are based on extent of use authorized. If you wish
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to increase the extent of use, notify IBM or its reseller and pay any applicable
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charges. IBM does not give refunds or credits for charges already due or paid.
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If any authority imposes a duty, tax, levy or fee, excluding those based on
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IBM's net income, upon the Program supplied by IBM under this Agreement, then
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you agree to pay that amount as IBM specifies or supply exemption documentation.
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4. Limited Warranty
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IBM warrants that when the Program is used in the specified operating
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environment it will conform to its specifications. IBM does not warrant
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uninterrupted or error-free operation of the Program or that we will correct all
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Program defects. You are responsible for the results obtained from the use of
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the Program. The warranty period for the Program expires when its Program
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services are no longer available. The License Information specifies the duration
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of Program services.
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During the warranty period warranty service is provided without charge for the
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unmodified portion of the Program through defect-related Program services.
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Program services are available for at least one year following the Program's
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general availability. Therefore, the duration of warranty service depends on
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when you obtain your license. If the Program does not function as warranted
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during the first year after you obtain your license and IBM is unable to resolve
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the problem by providing a correction, restriction, or bypass, you may return
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the Program to the party (either IBM or its reseller) from whom you acquired it
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and receive a refund in the amount you paid for it. To be eligible, you must
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have acquired the Program while Program services (regardless of the remaining
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duration) were available for it.
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THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES
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OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
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WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
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PURPOSE.
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These warranties give you specific legal rights, and you may also have other
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rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not
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allow the exclusion or limitation of implied warranties, so the above exclusion
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or limitation may not apply to you. In that event such warranties are limited in
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duration to the warranty period. No warranties apply after that period.
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5. Limitation of Liability
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Circumstances may arise where, because of a default on IBM's part or other
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liability, you are entitled to recover damages from IBM. In each such instance,
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regardless of the basis on which you may be entitled to claim damages from IBM,
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(including fundamental breach, negligence, misrepresentation, or other contract
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or tort claim), IBM is liable for no more than 1) damages for bodily injury
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(including death) and damage to real property and tangible personal property and
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2) the amount of any other actual direct damages up to the greater of U.S.
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$100,000 (or equivalent in your local currency) or the charges for the Program
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that is the subject of the claim.
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IBM WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR
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ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF
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IBM, OR ITS RESELLER, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
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JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
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CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
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YOU.
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IBM will not be liable for 1) loss of, or damage to, your records or data or 2)
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any damages claimed by you based on any third party claim.
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This limitation of liability also applies to any developer of a Program supplied
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to IBM. It is the maximum for which IBM and its suppliers are collectively
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responsible.
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6. General
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Nothing in this Agreement affects any statutory rights of consumers that cannot
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be waived or limited by contract.
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IBM may terminate your license if you fail to comply with the terms of this
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Agreement. If IBM does so, your authorization to use the Program is also
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terminated.
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You agree to comply with applicable export laws and regulations.
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Neither you nor IBM will bring a legal action under this Agreement more than two
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years after the cause of action arose unless otherwise provided by local law
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without the possibility of contractual waiver or limitation.
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Neither you nor IBM is responsible for failure to fulfill any obligations due to
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causes beyond its control.
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The laws of the country in which you acquire the Program govern this Agreement,
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except 1) in Australia, the laws of the State or Territory in which the
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transaction is performed govern this Agreement; 2) in Albania, Armenia, Belarus,
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Bosnia/Herzegovina, Bulgaria, Croatia, Czech Republic, Georgia, Hungary,
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Kazakhstan, Kirghizia, Former Yugoslav Republic of Macedonia (FYROM), Moldova,
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Poland, Romania, Russia, Slovak Republic, Slovenia, Ukraine, and Federal
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Republic of Yugoslavia, the laws of Austria govern this Agreement; 3) in the
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United Kingdom, all disputes relating to this Agreement will be governed by
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English Law and will be submitted to the exclusive jurisdiction of the English
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courts; 4) in Canada, the laws in the Province of Ontario govern this Agreement;
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and 5) in the United States and Puerto Rico, and People's Republic of China, the
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laws of the State of New York govern this Agreement.
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Part 2 - Country-unique Terms
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AUSTRALIA:
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Limited Warranty (Section 4):
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The following paragraph is added to this Section:
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The warranties specified in this Section are in addition to any rights you may
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have under the Trade Practices Act 1974 or other legislation and are only
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limited to the extent permitted by the applicable legislation.
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Limitation of Liability (Section 5):
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The following paragraph is added to this Section:
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Where IBM is in breach of a condition or warranty implied by the Trade Practices
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Act 1974, IBM's liability is limited to the repair or replacement of the goods,
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or the supply of equivalent goods. Where that condition or warranty relates to
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right to sell, quiet possession or clear title, or the goods are of a kind
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ordinarily acquired for personal, domestic or household use or consumption, then
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none of the limitations in this paragraph apply.
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EGYPT:
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Limitation of Liability (Section 5):
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The following replaces item 2 in the first paragraph of this Section:
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2) as to any other actual direct damages, IBM's liability will be limited to the
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total amount you paid for the Program that is the subject of the claim.
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FRANCE :
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Limitation of Liability (Section 5):
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The following replaces the second sentence in the first paragraph of this
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Section:
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In such instances, regardless of the basis on which you are entitled to claim
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damages from IBM, IBM is liable for no more than 1) damages for bodily injury
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(including death) and damage to real property and tangible personal property;
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and 2) the amount of any other actual direct damages up to the greater of a) EUR
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100,000 (or equivalent in local currency) or b) the charges for the Program
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which is the subject of the claim.
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GERMANY:
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Limited Warranty (Section 4):
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The following paragraphs are added to this Section:
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The minimum warranty period for Programs is six months.
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In case a Program is delivered without Specifications, we will only warrant that
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the Program information correctly describes the Program and that the Program can
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be used according to the Program information. You have to check the usability
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according to the Program information within the "money-back guaranty" period.
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The following replaces the first sentence of the first paragraph of this
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Section:
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The warranty for an IBM Program covers the functionality of the Program for its
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normal use and the Program's conformity to its Specifications.
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Limitation of Liability (Section 5):
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The following paragraph is added to the Section:
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The limitations and exclusions specified in the Agreement will not apply to
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damages caused by IBM with fraud or gross negligence, and for express warranty.
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In item 2, replace "U.S. $100,000" with "EUR 500,000".
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The following sentence is added to the end of item 2 of the first paragraph:
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IBM's liability under this item is limited to the violation of essential
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contractual terms in cases of ordinary negligence.
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INDIA:
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Limitation of Liability (Section 5):
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The following replaces items 1 and 2 in the first paragraph:
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1) liability for bodily injury (including death) or damage to real property and
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tangible personal property will be limited to that caused by IBM's negligence;
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and 2) as to any other actual damage arising in any situation involving
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nonperformance by IBM pursuant to, or in any way related to the subject of this
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Agreement, IBM's liability will be limited to the charge paid by you for the
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individual Program that is the subject of the claim.
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General (Section 6):
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The following replaces the fourth paragraph of this Section:
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If no suit or other legal action is brought, within two years after the cause of
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action arose, in respect of any claim that either party may have against the
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other, the rights of the concerned party in respect of such claim will be
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forfeited and the other party will stand released from its obligations in
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respect of such claim.
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IRELAND:
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Limited Warranty (Section 4):
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The following paragraph is added to this Section:
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Except as expressly provided in these terms and conditions, all statutory
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conditions, including all warranties implied, but without prejudice to the
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generality of the foregoing, all warranties implied by the Sale of Goods Act
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1893 or the Sale of Goods and Supply of Services Act 1980 are hereby excluded.
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Limitation of Liability (Section 5):
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The following replaces items 1 and 2 in the first paragraph of this Section:
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1) death or personal injury or physical damage to your real property solely
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caused by IBM's negligence; and 2) the amount of any other actual direct
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damages, up to the greater of EUR 100,000 in respect of Programs or 125 percent
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of the charges for the Program that is the subject of the claim or which
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otherwise gives rise to the claim.
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The following paragraph is added at the end of this Section:
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IBM's entire liability and your sole remedy, whether in contract or in tort, in
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respect of any default will be limited to damages.
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ITALY:
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Limitation of Liability (Section 5):
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The following replaces the second sentence in the first paragraph:
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In each such instance unless otherwise provided by mandatory law, IBM is liable
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for no more than damages for bodily injury (including death) and damage to real
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property and tangible personal property and 2) as to any other actual damage
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arising in all situations involving non-performance by IBM pursuant to, or in
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any way related to the subject matter of this Agreement, IBM's liability, will
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be limited to the total amount you paid for the Program that is the subject of
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the claim.
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NEW ZEALAND:
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Limited Warranty (Section 4):
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The following paragraph is added to this Section:
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The warranties specified in this Section are in addition to any rights you may
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have under the Consumer Guarantees Act 1993 or other legislation which cannot be
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excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect
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of any goods or services which IBM provides, if you require the goods or
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services for the purposes of a business as defined in that Act.
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Limitation of Liability (Section 5):
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The following paragraph is added to this Section:
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Where Programs are not acquired for the purposes of a business as defined in the
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Consumer Guarantees Act 1993, the limitations in this Section are subject to the
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limitations in that Act.
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PEOPLE'S REPUBLIC OF CHINA:
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Charges (Section 3):
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The following paragraph is added to the Section:
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All banking charges incurred in the People's Republic of China will be borne by
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you and those incurred outside the People's Republic of China will be borne by
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IBM.
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UNITED KINGDOM:
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Limitation of Liability (Section 5):
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The following replaces items 1 and 2 in the first paragraph of this Section:
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1) death or personal injury or physical damage to your real property solely
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caused by IBM's negligence; 2) the amount of any other actual direct damages, up
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to the greater of Pounds Sterling 75,000 in respect of Programs or 125 percent
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of the charges for the Program that is the subject of the claim or which
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otherwise gives rise to the claim.
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The following item is added:
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3) breach of IBM's obligations implied by Section 12 of the Sale of Goods Act
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1979 or Section 2 of the Supply of Goods and Services Act 1982.
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The following paragraph is added at the end of this Section:
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IBM's entire liability and your sole remedy, whether in contract or in tort, in
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respect of any default will be limited to damages.
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Z125-3301-10 12/01 (Euro)
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LICENSE INFORMATION
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The Programs listed below are licensed under the following terms and conditions
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in addition to those of the International Program License Agreement.
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Program Name: IBM Informix C-ISAM V5.10
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Program Number: 5724-C42
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix C-ISAM V7.20, V7.21, V7.22, V7.23, V7.24, V7.26
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Program Number: 5724-C41
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix C-ISAM DataBlade Module V1.10
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Program Number: 5724-C57
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix Connect Runtime V2.50, V2.60, V2.70
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Program Number: 5724-C24
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix Data Director for Web V2.00
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Program Number: 5724-C20
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix Database Administrator V1.00
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Program Number: 5724-C53
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix Enterprise Gateway Manager V7.21
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Program Number: 5724-C31
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix Enterprise Gateway with DRDA V7.31
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Program Number: 5724-C31
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix ESQL for COBOL V5.10
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Program Number: 5724-C67
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix ESQL for COBOL V7.25
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Program Number: 5724-C68
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix ESQL/C Development and Runtime V5.10, V5.11
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Program Number: 5724-C67
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix Excalibur Text Search DataBlade Module V1.30
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Program Number: 5724-C29
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix Extended Parallel Server V8.32
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Program Number: 5724-C19
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix Image Foundation DataBlade Module V2.00
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Program Number: 5724-C59
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix I-Spy V2.00
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Program Number: 5724-C32
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix JDBC Driver V1.50
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Program Number: 5724-C48
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix JDBC Driver / Embedded SQLJ V2.00, V2.11, V2.20
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Program Number: 5724-C25
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix MaxConnect V1.00
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Program Number: 5724-C56
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix MetaCube ROLAP Option Agents, Direct Clients,
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Indirect Clients V4.20
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Program Number: 5724-C52
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix NAG Finance DataBlade Module V1.10
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Program Number: 5724-C60
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix NET V5.10, V5.11
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Program Number: 5724-C45
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix Object Translator V2.00
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Program Number: 5724-C26
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix OnLine V5.10, V5.11
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Program Number: 5724-C47
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix SE V5.10
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Program Number: 5724-C44
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix SE V7.20, V7.21, V7.22, V7.23, V7.24, V7.25
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Program Number: 5724-C43
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix Server Administrator V1.40
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Program Number: 5724-C27
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix Spatial DataBlade Module V8.11
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Program Number: 5724-C61
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix STAR V5.10, V5.11
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Program Number: 5724-C46
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix TimeSeries DataBlade Module V4.01, V4.02
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Program Number: 5724-C62
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix TimeSeries Real Time Loader Bundle V1.00, V1.01,
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V1.02
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Program Number: 5724-C63
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Authorization for Use on Home/Portable Computer: 2
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|
Program Services End Date: 2003/04/05
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|
Program Name: IBM Informix Video Foundation DataBlade Module V2.00
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|
Program Number: 5724-C64
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Authorization for Use on Home/Portable Computer: 2
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Program Services End Date: 2003/04/05
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Program Name: IBM Informix Web DataBlade Module V4.12, V4.13
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Program Number: 5724-C30
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Authorization for Use on Home/Portable Computer: 2
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|
Program Services End Date: 2003/04/05
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|
|
Program Name: IBM Office Connect Enterprise Web Edition, Professional Web
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|
Edition, Personal Edition V3.00
|
|
Program Number: 5724-C15
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Authorization for Use on Home/Portable Computer: 2
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|
Program Services End Date: 2003/04/05
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EXPLANATIONS OF TERMS:
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Authorization for Use on Home/Portable Computer:
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"1" means that the Program may be stored on the primary machine and another
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|
machine, provided that the Program is not in active use on both machines at the
|
|
same time.
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|
"2" means that you may not copy and use this Program on another computer without
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|
paying additional license fees.
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Program Services End Date:
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|
The Program is warranted and program services will be available until the end
|
|
date specified above.
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|
|
Money-back Guarantee
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|
|
If for any reason you are dissatisfied with the Program, return it within 30
|
|
days from the invoice date, to the party (either IBM or its reseller) from whom
|
|
you acquired it, for a refund. This applies only to your first acquisition of
|
|
the Program.
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|
|
|
Specified Operating Environment
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|
|
|
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.
|
|
|
|
Program-unique Terms
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|
|
Program Services End Date
|
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|
|
Program Services are available at least until the end date specified above, and
|
|
will end on a later date if indicated on the IBM Informix Product and Support
|
|
area at http://www.ibm.com/software/data/informix. To locate the Product
|
|
Lifecycle, click on Support from the left navigation bar to access TechInfo
|
|
Center and other IBM support information. When prompted, enter your TechInfo
|
|
Center User Name and Password.
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|
|
|
Level of Use
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|
|
|
Your use of a Program may not exceed the level defined by the number of use
|
|
authorizations you have acquired. The level of use of a Program is specified by
|
|
one of the following:
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|
|
|
- Server - "Server" means a server on which the Program is installed or
|
|
executed.
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|
|
|
- Processor - "Processor" means a processor that forms part of the server on
|
|
which the Program is installed or executed. You must acquire a use authorization
|
|
for each such Processor.
|
|
|
|
- Concurrent Session - A Concurrent Session, at a given point in time, is each
|
|
logical connection, existing at that time, between the Program and an end user
|
|
interface device. Each such existing connection is counted as a Concurrent
|
|
Session whether or not it is actually in use. If an individual end user
|
|
establishes multiple connections, each one is counted as a separate Concurrent
|
|
Session, even if they share a common physical pathway. The number of connections
|
|
is not reduced by any program or machine, such as a front-end server or
|
|
multiplexer, which may be used to concentrate the connections. Each batch
|
|
process being executed at the same time is also considered to be a Concurrent
|
|
Session.
|
|
|
|
- Registered User - A Registered User of a Program is a specific individual
|
|
authorized by you to use the Program. Such an individual is a Registered User
|
|
whether or not they are actually using the Program.
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|
|
|
Runtime Programs
|
|
|
|
The following term applies only to the IBM Informix Connect Runtime and IBM
|
|
Informix ESQL/C Runtime Programs.
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|
|
|
You may only use the Program for production.
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|
|
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|
|
U.S. Government Users Restricted Rights
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|
|
|
U.S. Government Users Restricted Rights - Use, duplication, or disclosure
|
|
restricted by the GSA ADP Schedule Contract with the IBM Corporation.
|
|
|
|
D/N: SCT1-F8ML-00
|
|
P/N: CT1F8ML
|