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The Programs are licensed not sold. IBM, or the applicable IBM country
organization, grants you a license for the Programs only in the country
where you acquired the Programs. You obtain no rights other than those
granted you under this license.
The term "Programs" means the original and all whole or partial copies of
it, including modified copies or portions merged into other programs. IBM
retains title to the Programs. IBM owns, or has licensed from the owner,
copyrights in the Programs.
1. License
Under this license, you may use the Programs only with the device on
which they are installed and transfer possession of the Programs and
the device to another party. If you transfer the Programs, you must
transfer a copy of this license and any other documentation to the other
party. Your license is then terminated. The other party agrees to these
terms and conditions by its first use of the Program.
You may not:
1) use, copy, modify, merge, or transfer copies of the Program
except as provided in this license;
2) reverse assemble or reverse compile the Program; or
3) sublicense, rent, lease, or assign the Program.
2. Limited Warranty
The Programs are provided "AS IS."
THERE ARE NO OTHER WARRANTIES COVERING THE
PROGRAMS (OR CONDITIONS), EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the exclusion of implied warranties, so
the above exclusion may not apply to you.
SUPPLEMENT TO AGREEMENT FOR SOFTWARE BUNDLING AND
DISTRIBUTION FOR ALDC
3. Limitation of Remedies
IBM's entire liability under this license is the following;
1) For any claim (including fundamental breach), in any form, related
in any way to this license, IBM's liability will be for actual damages
only and will be limited to the greater of:
a) the equivalent of U.S.$25,000 in your local currency; or
b) IBM's then generally available license fee for the Program
This limitation will not apply to claims for bodily injury or damages to real
or tangible personal property for which IBM is legally liable. IBM will not
be liable for any lost profits, lost savings, or any incidental damages or
other economic consequential damages, even if IBM, or its authorized
supplier, has been advised of the possibility of such damages. IBM will
not be liable for any damages claimed by you based on any third party
claim. This limitation of remedies also applies to any developer of
Programs supplied to IBM. IBM's and the developer's limitations of
remedies are not cumulative. Such developer is an intended beneficiary
of this Section. Some jurisdictions do not allow these limitations or
exclusions, so they may not apply to you.