IBM International License Agreement for the Beta versions of IBM's Java Port for OS/390

Part 1 - General Terms

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE BETA VERSION OF IBM'S JAVA PORT FOR OS/390 (HEREINAFTER REFERRED TO THE PROGRAM OR MATERIAL). IBM WILL ONLY LICENSE THE PROGRAM OR MATERIAL TO YOU IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. REGARDLESS OF HOW YOU ACQUIRE THE PROGRAM OR MATERIAL (ELECTRONICALLY, PRELOADED, ON MEDIA OR OTHERWISE), BY USING THE PROGRAM OR MATERIAL YOU AGREE TO THESE TERMS.

The Program or Material is owned by the International Business Machines Corporation or its subsidiaries (IBM) or IBM's Suppliers, and is copyrighted and licensed, not sold. The "Program" means the original program and all whole or partial copies of it, including portions merged into other Programs. A Program consists of machine-readable instructions and audio/visual content (such as images, text, recordings, or pictures). A "Material" consists of Program documentation and programming tools.

The term "Beta version" means that the Program or Material is not formally released or generally available. The term does not imply that formal release or general availability will take place. IBM does not guarantee that a Program or Material made generally available will be similar to, or compatible with, beta versions.

IBM grants you a nonexclusive, nontransferable license under the terms stated below to the Program or Material in the country in which you acquire it.

This Agreement is the complete and exclusive agreement regarding a Program or Material and replaces any prior oral or written communications between you and IBM. For a change to be valid, both you and IBM must sign it. This Agreement includes Part 1 -- General Terms and Part 2 - Country Unique Terms. The terms of Part 2 may replace or modify those of Part 1.

1. License

Under this license, you may use the Program or Material (and any copies of it) only for internal evaluation or testing purposes. You may make a reasonable number of copies of the Program or Material in support of such evaluation and testing, unless IBM identifies a specific number of copies in the documentation accompanying the Program or Material. The terms of this license apply to each copy you make. You must reproduce the copyright notice and any other legend of ownership on each copy, or partial copy, of the Program or Material.

You may not: 1) use or copy the Program or Material except as provided in this Agreement; 2) modify or merge the Program or Material; 3) reverse assemble, reverse compile, or otherwise translate the Program or Material except as specifically permitted by law without the possibility of contractural waiver; 4) sublicense or assign the license for the Program or Material; or 5) distribute the Program or Material to any third party.

This license will begin with your first use of the Program or Material and end as of 1) the duration or date specified in the documentation accompanying the Program or Material, or 2) when IBM make the Program or Material generally available. Unless we specify that you may retain the Program or Material in the documentation accompanying the Program or Material (in which case, an additional charge may apply), you agree to destroy the Program or Material and all copies of it within 10 days of when this license ends.

2. No Warranty

SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONCERNING THE FUNCTION, PERFORMANCE OR DOCUMENTATION FOR THE PROGRAM OR MATERIAL.

This exclusion also applies to any of IBM's subcontractors, suppliers or program developers (collectively called "Suppliers").

3. Limitation of Liability

NEITHER IBM NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF IBM IS INFORMED OF THEIR POSSIBILITY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

4. Rights in Data

You hereby assign to IBM all right, title, and interest (including ownership of copyright) in any data, suggestions, and written materials related to your use of the Program or Material you provide to IBM. If IBM requires it, you agree to sign an appropriate document to assign such rights.

5. General

Neither of us will charge the other for this license or any work performed as a result of this Agreement.

You agree to: 1) maintain a record of all copies of the Program or Material and 2) ensure that anyone who uses the Program or Material (accessed either locally or remotely) does so only for your authorized use and complies with the terms of this Agreement.

IBM will not provide program services or technical support, unless IBM specifies otherwise.

IBM may terminate this license immediately if you fail to comply with the terms of this Agreement. If we do so, you agree to immediately destroy the Program or Material and all copies you made of it.

Neither you nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control.

You may not export the Program or Material.

This Agreement is governed by the laws of the country in which you acquired the Program or Material except: 1) in Australia, this Agreement will be governed by the laws of the State or Territory in which the transaction is performed; 2) in Central Europe and Russia, this Agreement will be governed by the laws of Austria; 3) in Estonia, Latvia, and Lithuania, Finnish law shall apply; 4) in Canada, the laws of 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

ASIA PACIFIC

AUSTRALIA: No Warranty (Section 2): The warranties specified this Section are in addition to any rights you may have under the Trade Practices Act or other legislation and are only limited to the extent permitted by the applicable legislation.
Limitation of Liability (Section 3): 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: (a) where IBM supplied services, the cost of having the services supplied again; or (b) where IBM supplied goods, 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.

NEW ZEALAND: No Warranty (Section 2): The warranties specified 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 we provide, if you require the goods and services for the purposes of a business as defined in the Act.
Limitation of Liability (Section 3): The following paragraph should be added to this Section:
Where products or services 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.

EUROPE, MIDDLE EAST, AFRICA (EMEA)

GERMANY: No Warranty (Section 2): The warranty for an IBM Program covers the functionally of the Program for its normal use. In case a Program is delivered without specifications, IBM will only warrant that the Program information correctly describes the Program and that the Program can be used according to the Program information. The minimum warranty period is six (6) months.
Limitation of Liability (Section 3): The limitations and exclusions specified in the Agreement will not apply to damages caused by us with intention or gross negligence. IBM is liable for assured characteristics.

IRELAND: No Warranty (Section 2): 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 1983 or the Sale of Goods and Supply Act 1980 are hereby excluded.

UNITED KINGDOM: Limitation of Liability (Section 3): Add the following paragraph at the end of the first paragraph:
The limitation of liability shall not apply to any breach of IBM's obligations implied by Section 12 of the Sales of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982.