International Program License Agreement 

Part 1 - General Terms 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. IBM WILL
LICENSE THE PROGRAM TO YOU ONLY IF YOU FIRST ACCEPT THE TERMS OF THIS
AGREEMENT. BY USING THE PROGRAM YOU AGREE TO THESE TERMS. IF YOU DO
NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED
PROGRAM TO THE PARTY (EITHER IBM OR ITS RESELLER) FROM WHOM YOU
ACQUIRED IT TO RECEIVE A REFUND OF THE AMOUNT YOU PAID. 

The Program is owned by International Business Machines Corporation or
one of its subsidiaries (IBM) or an IBM supplier, and is copyrighted
and licensed, not sold. 

The term "Program" means the original program and
all whole or partial copies of it. A Program consists of
machine-readable instructions, its components, data, audio-visual
content (such as images, text, recordings, or pictures), and related
licensed materials. 

This Agreement includes Part 1 - General Terms, Part 2 -
Country-unique Terms, and "License Information" and is the complete
agreement regarding the use of this Program, and replaces any prior
oral or written communications between you and IBM. The terms of Part
2 and License Information may replace or modify those of Part 1. 

1. License 
Use of the Program 
IBM grants you a nonexclusive license to use the Program. 
You may 1) use the Program to the extent of authorizations you have
acquired and 2) make and install copies to support the level of use
authorized, providing you reproduce the copyright notice and any other
legends of ownership on each copy, or partial copy, of the Program. 
If you acquire this Program as a program upgrade, your authorization
to use the Program from which you upgraded is terminated. 
You will ensure that anyone who uses the Program does so only in
compliance with the terms of this Agreement. 
You may not 1) use, copy, modify, or distribute the Program except as
provided in this Agreement; 2) reverse assemble, reverse compile, or
otherwise translate the Program except as specifically permitted by
law without the possibility of contractual waiver; or 3) sublicense,
rent, or lease the Program. 

Transfer of Rights and Obligations 

You may transfer all your license rights and obligations under a Proof
of Entitlement for the Program to another party by transferring the
Proof of Entitlement and a copy of this Agreement and all
documentation. The transfer of your license rights and obligations
terminates your authorization to use the Program under the Proof of
Entitlement.

2. Proof of Entitlement 

The Proof of Entitlement for this Program is evidence of your
authorization to use this Program and of your eligibility for warranty
services, future upgrade program prices (if announced), and potential
special or promotional opportunities. 

3. Charges and Taxes 

IBM defines use for the Program for charging purposes and specifies it
in the Proof of Entitlement. Charges are based on extent of use
authorized. If you wish to increase the extent of use, notify IBM or
its reseller and pay any applicable charges. IBM does not give refunds
or credits for charges already due or paid. 

If any authority imposes a duty, tax, levy or fee, excluding those
based on IBM's net income, upon the Program supplied by IBM under this
Agreement, then you agree to pay that amount as IBM specifies or
supply exemption documentation. 

4. Limited Warranty 

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
we will correct all Program defects. You are responsible for the
results obtained from the use of the Program. The warranty period for
the Program expires when its Program services are no longer
available. The License Information specifies the duration of Program
services. 

During the warranty period warranty service is provided without charge
for the unmodified portion of the Program through defect-related
Program services. Program services are available for at least one year
following the Program's general availability. Therefore, the duration
of warranty service depends on when you obtain your license. If the
Program does not function as warranted during the first year after you
obtain your license and IBM is unable to resolve the problem by
providing a correction, restriction, or bypass, you may return the
Program to the party (either IBM or its reseller) from whom you
acquired it and receive a refund in the amount you paid for it. To be
eligible, you must have acquired the Program while Program services
(regardless of the remaining duration) were available for it. 

THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. 

These warranties give you specific legal rights, and you may also have
other rights which vary from jurisdiction to jurisdiction. Some
jurisdictions do not allow the exclusion or limitation of implied
warranties, so the above exclusion or limitation may not apply to
you. In that event such warranties are limited in duration to the
warranty period. No warranties apply after that period. 

5. Limitation of Liability


Circumstances may arise where, because of a default on IBM's part or
other liability, you are entitled to recover damages from IBM. In each
such instance, regardless of the basis on which you may be entitled to
claim damages from IBM, (including fundamental breach, negligence,
misrepresentation, or other contract or tort claim), IBM is liable for
no more than 1) damages for bodily injury (including death) and damage
to real property and tangible personal property and 2) the amount of
any other actual direct damages up to the greater of U.S. $100,000 (or
equivalent in your local currency) or the charges for the Program that
is the subject of the claim. 

IBM WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR INDIRECT
DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST
PROFITS OR SAVINGS), EVEN IF IBM, OR ITS RESELLER, HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 
IBM will not be liable for 1) loss of, or damage to, your records or
data or 2) any damages claimed by you based on any third party
claim. This limitation of liability also applies to any developer of a
Program supplied to IBM. It is the maximum for which IBM and its
suppliers are collectively responsible. 

6. General 

Nothing in this Agreement affects any statutory rights of consumers
that cannot be waived or limited by contract. 
IBM may terminate your license if you fail to comply with the terms of
this Agreement. If IBM does so, your authorization to use the Program
is also terminated. You agree to comply with applicable export laws
and regulations. Neither you nor IBM will bring a legal action under
this Agreement more than two years after the cause of action arose
unless otherwise provided by local law without the possibility of
contractual waiver or limitation. 

Neither you nor IBM is responsible for failure to fulfill any
obligations due to causes beyond its control. 
The laws of the country in which you acquire the Program govern this
Agreement, except 1) in Australia, the laws of the State or Territory
in which the transaction is performed govern this Agreement; 2) in
Albania, Armenia, Belarus, Bosnia/Herzegovina, Bulgaria, Croatia,
Czech Republic, Georgia, Hungary, Kazakhstan, Kirghizia, Former
Yugoslav Republic of Macedonia (FYROM), Moldova, Poland, Romania,
Russia, Slovak Republic, Slovenia, Ukraine, and Federal Republic of
Yugoslavia, the laws of Austria govern this Agreement; 3) in the
United Kingdom, all disputes relating to this Agreement will be
governed by English Law and will be submitted to the exclusive
jurisdiction of the English courts; 4) in Canada, the laws in the
Province of Ontario govern this Agreement; and 5) in the United States
and Puerto Rico, and People's Republic of China, the laws of the State
of New York govern this Agreement. 

Part 2 - Country-unique Terms 
AUSTRALIA: 
Limited Warranty (Section 4): 
The following paragraph is added to this Section:


The warranties specified in this Section are in addition to any rights
you may have under the Trade Practices Act 1974 or other legislation
and are only limited to the extent permitted by the applicable
legislation. 
Limitation of Liability (Section 5): 
The following paragraph is added to this Section: 
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 acquired for
personal, domestic or household use or consumption, then none of the
limitations in this paragraph apply. 

EGYPT: 
Limitation of Liability (Section 5): 
The following replaces item 2 in the first paragraph of this Section:
2) as to any other actual direct damages, IBM's liability will be
limited to the total amount you paid for the Program that is the
subject of the claim. 

FRANCE : 
Limitation of Liability (Section 5): 
The following replaces the second sentence in the first paragraph of
this Section: In such instances, regardless of the basis on which you
are entitled to claim damages from IBM, IBM is liable for no more than
1) damages for bodily injury (including death) and damage to real
property and tangible personal property; and 2) the amount of any
other actual direct damages up to the greater of a) EUR 100,000 (or
equivalent in local currency) or b) the charges for the Program which
is the subject of the claim. 

GERMANY: Limited Warranty (Section 4): 
The following paragraphs are added to this Section: The minimum
warranty period for Programs is six months. In case a Program is
delivered without Specifications, we will only warrant that the
Program information correctly describes the Program and that the
Program can be used according to the Program information. You have to
check the usability according to the Program information within the
"money-back guaranty" period. The following replaces the first
sentence of the first paragraph of this Section: The warranty for an
IBM Program covers the functionality of the Program for its normal use
and the Program's conformity to its Specifications. Limitation of
Liability (Section 5): The following paragraph is added to the
Section: The limitations and exclusions specified in the Agreement
will not apply to damages caused by IBM with fraud or gross
negligence, and for express warranty. In item 2, replace
"U.S. $100,000" with "EUR 500,000". The following sentence is added to
the end of item 2 of the first paragraph: IBM's liability under this
item is limited to the violation of essential contractual terms in
cases of ordinary negligence. 

INDIA: 
Limitation of Liability (Section 5): 
The following replaces items 1 and 2 in 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 you for the
   individual Program that is the subject of the claim. 

General (Section 6): 
The following replaces the fourth paragraph of this Section: If no
suit or other legal action is brought, within two 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. 


IRELAND: 
Limited Warranty (Section 4): 
The following paragraph is added to this Section: Except as expressly
provided in these terms and conditions, all statutory conditions,
including all warranties implied, but without prejudice to the
generality of the foregoing, all warranties implied by the Sale of
Goods Act 1893 or the Sale of Goods and Supply of Services Act 1980
are hereby excluded. 

Limitation of Liability (Section 5): 
The following replaces items 1 and 2 in the first paragraph of this
Section: 
1) death or personal injury or physical damage to your real property
   solely caused by IBM's negligence; and 2) the amount of any other
   actual direct damages, up to the greater of EUR 100,000 in respect
   of Programs or 125 percent of the charges for the Program that is
   the subject of the claim or which otherwise gives rise to the
   claim. 

The following paragraph is added at the end of this Section: IBM's
entire liability and your sole remedy, whether in contract or in tort,
in respect of any default will be limited to damages. 

ITALY: 
Limitation of Liability (Section 5): 
The following replaces the second sentence in the first paragraph: In
each such instance unless otherwise provided by mandatory law, IBM is
liable for no more than damages for bodily injury (including death)
and damage to real property and tangible personal property and 2) as
to any other actual damage arising in all situations involving
non-performance by IBM pursuant to, or in any way related to the
subject matter of this Agreement, IBM's liability, will be limited to
the total amount you paid for the Program that is the subject of the
claim. 

NEW ZEALAND: 
Limited Warranty (Section 4): 
The following paragraph is added to this Section: The warranties
specified in this Section are in addition to any rights you may have
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 or services which IBM provides, if
you require the goods or services for the purposes of a business as
defined in that Act. 
Limitation of Liability (Section 5): 
The following paragraph is added to this Section: Where Programs are
not acquired 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: 
Charges (Section 3): 
The following paragraph is added to the Section: All banking charges
incurred in the People's Republic of China will be borne by you and
those incurred outside the People's Republic of China will be borne by
IBM. 

UNITED KINGDOM: 
Limitation of Liability (Section 5): 
The following replaces items 1 and 2 in the first paragraph of this
Section: 
1) death or personal injury or physical damage to your real property
solely caused by IBM's negligence; 2) the amount of any other actual
direct damages, up to the greater of Pounds Sterling 75,000 in respect
of Programs or 125 percent of the charges for the Program that is the
subject of the claim or which otherwise gives rise to the claim. 
The following item is added: 
3) breach of IBM's obligations implied by Section 12 of the Sale of
Goods Act 1979 or Section 2 of the Supply of Goods and Services Act
1982. 
The following paragraph is added at the end of this Section: 
IBM's entire liability and your sole remedy, whether in contract or in
tort, in respect of any default will be limited to damages. 
Z125-3301-10 12/01 (Euro) 

EXPLANATIONS OF TERMS: 
Authorization for Use on Home/Portable Computer: "1" means that the
Program may be stored on the primary machine and another machine,
provided that the Program is not in active use on both machines at the
same time. 
"2" means that you may not copy and use this Program on another
computer without paying additional license fees. 

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