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[dsdp-pmc] RE: Eclipse.org Contribution Questionnaire
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Kevin,
Can you please clarify the reference to the L-KMIR-5XLV92 license in the
contribution questionnaire below?
For a Contribution Questionnaire, the reference to a license means the
license that the code will be used under within Eclipse. But I was under the
impression that this code was going to be all under the EPL once it is
checked into Eclipse.
I suspect that you may have misunderstood, and have included the license
under which this code is available *today* from IBM.
Can you please clarify? Is it really your intent that this code will be
contributed under the L-KMIR-5XLV92 license and that you're asking the
Eclipse Foundation to distribute this code under that license rather than
the EPL?
Mike Milinkovich
Executive Director,
Eclipse Foundation, Inc.
Office: 613-224-9461 x228
Cell: 613-220-3223
mike.milinkovich@xxxxxxxxxxx
blog: http://milinkovich.blogspot.com/
> -----Original Message-----
> From: emo-records@xxxxxxxxxxx [mailto:emo-records@xxxxxxxxxxx]
> Sent: April 25, 2006 9:56 PM
> To: license@xxxxxxxxxxx; khorowit@xxxxxxxxxx
> Subject: Eclipse.org Contribution Questionnaire
>
>
>
>
> Submitter:
>
> Name: Kevin Horowitz
> Organisation: IBM
> Address: 8051 Congress Ave, Boca Raton, FL 334887, USA
> Phone: +1-561-862-2113
> E-mail: khorowit@xxxxxxxxxx
>
>
> Committer
>
> Name: same
> Organisation:
> Address:
> Phone:
> E-mail:
>
> PMC
>
> PMC Name: Mika Hoikala
> PMC Phone:
> PMC E-mail: mika.hoikala@xxxxxxxxx
>
>
> Contribution
>
> Project: DSDP
> Subproject: MTJ
> Component:
>
> Name: Device Project Creation and signing code
> Version: 1.0
> Size: 8500
> Description: Code is contained in
> https://bugs.eclipse.org/bugs/show_bug.cgi?id=134125 and
> https://bugs.eclipse.org/bugs/show_bug.cgi?id=133856. Code
> is a combination of new code and code from WebSphere Studio
> Device Developer 5.7.1. The code provides project creation,
> MIDP JAD file creation, code to create a key store using
> external tools, and code to sign MIDP projects. This code
> does not require any 3rd party packages but MIDP signing code
> will call command line executables from any of the following:
> IBM Java 5.0
> IBM WebSphere Everyplace Micro Edition 2.3
> Sun Wireless Toolkit 2.2
> Sun JRE 1.4.2
>
> Pre-existing Packages: no
>
> Support Info: All existing WebShere Studio Device Developer
> code has been approved by IBM Legal. Steve Gerdt
> (gerdt@xxxxxxxxxx) cooridated approval, and legal approval
> was received from Martin McKinley (mmckinle@xxxxxxxxxx) and
> Christopher Herbst (cherbst@xxxxxxxxxx).
>
>
> Contributor
>
> Name: Kevin Horowitz
> Organization:
> Phone:
> E-Mail:
>
> Contribution Percentage: 30
> Other Contributors: Rodrigo Pastana (rpastran@xxxxxxxxxx) 30%
> Existing code from IBM WebSphere Studio Device Developer 40%
>
>
> Cryptography: none. The MIDP signing code contains no
> cryptography. Any signing is done using command line tools
> from JRE distributions.
> Algorithm:
>
>
>
> Pre-existing Packages
>
> Package: WebSphere Studio Device Developer 5.7.1
> Version: 5.7.1
> Source:
> Contribution Percentage: 5
>
> License: L-KMIR-5XLV92
> License Type:
>
> Other authors: All existing WebShere Studio Device Developer
> code has been approved by IBM LegSteve Gerdt
> (gerdt@xxxxxxxxxx) cooridated approval, and legal approval
> was receMartin McKinley (mmckinle@xxxxxxxxxx) and Christopher
> Herbst (cherbst@xxxxxxxxxx).
>
> License Text:
> International Program License Agreement
>
> Part 1 - General Terms
>
> BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE
> PROGRAM YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE
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>
> - DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE PROGRAM; AND
>
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>
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> 1. Entitlement
>
> License
>
> The Program is owned by IBM or an IBM supplier, and is
> copyrighted and licensed, not sold.
>
> IBM grants You a nonexclusive license to use the Program when
> You lawfully acquire it.
>
> You may 1) use the Program up to the level of use specified
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> Money-back Guarantee
>
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> You are the original licensee, You may obtain a refund of the
> amount You paid for it, if within 30 days of Your invoice
> date You return the Program and its PoE to the party from
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> contact the party from whom You acquired it for instructions
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> Program Transfer
>
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> must also transfer a copy of this Agreement, including the
> Program's PoE. After the transfer, You may not use the Program.
>
> 2. Charges
>
> The amount payable for a Program license is a one-time charge.
>
> One-time charges are based on the level of use acquired which
> is specified in the PoE. IBM does not give credits or refunds
> for charges already due or paid, except as specified
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>
> If You wish to increase the level of use, notify IBM or the
> party from whom You acquired it and pay any applicable charges.
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> those based on IBM's net income, upon the Program, then You
> agree to pay the amount specified or supply exemption
> documentation. You are responsible for any personal property
> taxes for the Program from the date that You acquire it.
>
> 3. Limited Warranty
>
> IBM warrants that when the Program is used in the specified
> operating environment it will conform to its specifications.
> The warranty applies only to the unmodified portion of the
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> operation of the Program or that IBM will correct all Program
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>
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> information on known Program defects, defect corrections,
> restrictions, and bypasses at no additional charge. Consult
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> http://www.ibm.com/software/support . IBM will maintain this
> information for at least one year after the original licensee
> acquires the Program ('Warranty Period').
>
> If the Program does not function as warranted during the
> Warranty Period and the problem cannot be resolved with
> information available in the IBM databases, You may return
> the Program and its PoE to the party (either IBM or its
> reseller) from whom You acquired it and receive a refund in
> the amount You paid. If You downloaded the Program, You may
> contact the party from whom You acquired it for instructions
> on how to obtain the refund.
>
> 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. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
> EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE
> EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH
> WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO
> WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR
> JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
> WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
>
> THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
> ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR
> JURISDICTION TO JURISDICTION.
>
> 4. 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
> charges for the Program that is the subject of the claim.
>
> This limitation of liability also applies to IBM's Program
> developers and suppliers. It is the maximum for which they
> and IBM are collectively responsible.
>
> UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR
> SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED
> OF THEIR POSSIBILITY:
>
> 1. LOSS OF, OR DAMAGE TO, DATA;
>
> 2. SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR ANY
> ECONOMIC CONSEQUENTIAL DAMAGES; OR
>
> 3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
>
> 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.
>
> 5. General
>
> 1. Nothing in this Agreement affects any statutory rights of
> consumers that cannot be waived or limited by contract.
>
> 2. In the event that any provision of this Agreement is held
> to be invalid or unenforceable, the remaining provisions of
> this Agreement remain in full force and effect.
>
> 3. You agree to comply with all applicable export and import
> laws and regulations.
>
> 4. You agree to allow IBM to store and use Your contact
> information, including names, phone numbers, and e-mail
> addresses, anywhere they do business. Such information will
> be processed and used in connection with our business
> relationship, and may be provided to contractors, Business
> Partners, and assignees of IBM for uses consistent with their
> collective business activities, including communicating with
> You (for example, for processing orders, for promotions, and
> for market research).
>
> 5. 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.
>
> 6. Neither You nor IBM is responsible for failure to fulfill
> any obligations due to causes beyond its control.
>
> 7. This Agreement will not create any right or cause of
> action for any third party, nor will IBM be responsible for
> any third party claims against You except, as permitted by
> the Limitation of Liability section above, for bodily injury
> (including death) or damage to real or tangible personal
> property for which IBM is legally liable.
>
> 6. Governing Law, Jurisdiction, and Arbitration
>
> Governing Law
>
> Both You and IBM consent to the application of the laws of
> the country in which You acquired the Program license to
> govern, interpret, and enforce all of Your and IBM's rights,
> duties, and obligations arising from, or relating in any
> manner to, the subject matter of this Agreement, without
> regard to conflict of law principles.
>
> The United Nations Convention on Contracts for the
> International Sale of Goods does not apply.
>
> Jurisdiction
>
> All of our rights, duties, and obligations are subject to the
> courts of the country in which You acquired the Program license.
>
> Part 2 - Country-unique Terms
>
> AMERICAS
>
> ARGENTINA: Governing Law, Jurisdiction, and Arbitration
> (Section 6): The following exception is added to this section:
>
> Any litigation arising from this Agreement will be settled
> exclusively by the Ordinary Commercial Court of the city of
> Buenos Aires.
>
> BRAZIL: Governing Law, Jurisdiction, and Arbitration (Section
> 6): The following exception is added to this section:
>
> Any litigation arising from this Agreement will be settled
> exclusively by the court of Rio de Janeiro, RJ.
>
> CANADA: General (Section 5): The following replaces item 7:
>
> 7. This Agreement will not create any right or cause of
> action for any third party, nor will IBM be responsible for
> any third party claims against You except as permitted by the
> Limitation of Liability section above for bodily injury
> (including death) or physical harm to real or tangible
> personal property caused by IBM's negligence for which IBM is
> legally liable.
>
> Governing Law, Jurisdiction, and Arbitration (Section 6): The
> phrase 'the laws of the country in which You acquired the
> Program license' in the Governing Law subsection is replaced
> by the following:
>
> the laws in the Province of Ontario
>
> PERU: Limitation of Liability (Section 4): The following is
> added at the end of this section:
>
> In accordance with Article 1328 of the Peruvian Civil Code,
> the limitations and exclusions specified in this section will
> not apply to damages caused by IBM's willful misconduct
> ('dolo') or gross negligence ('culpa inexcusable').
>
> UNITED STATES OF AMERICA: General (Section 5): The following
> is added to this section:
>
> U.S. Government Users Restricted Rights - Use, duplication or
> disclosure restricted by the GSA ADP Schedule Contract with
> the IBM Corporation.
>
> Governing Law, Jurisdiction, and Arbitration (Section 6): The
> phrase 'the laws of the country in which You acquired the
> Program license' in the Governing Law subsection is replaced
> by the following:
>
> the laws of the State of New York, United States of America
>
> ASIA PACIFIC
>
> AUSTRALIA: Limited Warranty (Section 3): The following is added:
>
> 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 4): The following is added:
>
> 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.
>
> Governing Law, Jurisdiction, and Arbitration (Section 6): The
> phrase 'the laws of the country in which You acquired the
> Program license' in the Governing Law subsection is replaced
> by the following:
>
> the laws of the State or Territory in which You acquired the
> Program license
>
> CAMBODIA, LAOS, and VIETNAM: Governing Law, Jurisdiction, and
> Arbitration (Section 6): The phrase 'the laws of the country
> in which You acquired the Program license' in the Governing
> Law subsection is replaced by the following:
>
> the laws of the State of New York, United States of America
>
> The following is added to this section:
>
> Arbitration
>
> Disputes arising out of or in connection with this Agreement
> shall be finally settled by arbitration which shall be held
> in Singapore in accordance with the Arbitration Rules of
> Singapore International Arbitration Center ('SIAC Rules')
> then in effect. The arbitration award shall be final and
> binding for the parties without appeal and shall be in
> writing and set forth the findings of fact and the
> conclusions of law.
>
> The number of arbitrators shall be three, with each side to
> the dispute being entitled to appoint one arbitrator. The two
> arbitrators appointed by the parties shall appoint a third
> arbitrator who shall act as chairman of the proceedings.
> Vacancies in the post of chairman shall be filled by the
> president of the SIAC. Other vacancies shall be filled by the
> respective nominating party. Proceedings shall continue from
> the stage they were at when the vacancy occurred.
>
> If one of the parties refuses or otherwise fails to appoint
> an arbitrator within 30 days of the date the other party
> appoints its, the first appointed arbitrator shall be the
> sole arbitrator, provided that the arbitrator was validly and
> properly appointed.
>
> All proceedings shall be conducted, including all documents
> presented in such proceedings, in the English language. The
> English language version of this Agreement prevails over any
> other language version.
>
> HONG KONG S.A.R. and MACAU S.A.R. of China: Governing Law,
> Jurisdiction, and Arbitration (Section 6): The phrase 'the
> laws of the country in which You acquired the Program
> license' in the Governing Law subsection is replaced by the
> following:
>
> the laws of Hong Kong Special Administrative Region of China
>
> INDIA: Limitation of Liability (Section 4): The following
> replaces the terms of items 1 and 2 of 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 5): The following replaces the terms of item 5:
>
> If no suit or other legal action is brought, within three
> 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.
>
> Governing Law, Jurisdiction, and Arbitration (Section 6): The
> following is added to this section:
>
> Arbitration
>
> Disputes arising out of or in connection with this Agreement
> shall be finally settled by arbitration which shall be held
> in Bangalore, India in accordance with the laws of India then
> in effect. The arbitration award shall be final and binding
> for the parties without appeal and shall be in writing and
> set forth the findings of fact and the conclusions of law.
>
> The number of arbitrators shall be three, with each side to
> the dispute being entitled to appoint one arbitrator. The two
> arbitrators appointed by the parties shall appoint a third
> arbitrator who shall act as chairman of the proceedings.
> Vacancies in the post of chairman shall be filledby the
> president of the Bar Council of India. Other vacancies shall
> be filled by the respective nominating party. Proceedings
> shall continue from the stage they were at when the vacancy occurred.
>
> If one of the parties refuses or otherwise fails to appoint
> an arbitrator within 30 days of the date the other party
> appoints its, the first appointed arbitrator shall be the
> sole arbitrator, provided that the arbitrator was validly and
> properly appointed.
>
> All proceedings shall be conducted, including all documents
> presented in such proceedings, in the English language. The
> English language version of this Agreement prevails over any
> other language version.
>
> JAPAN: General (Section 5): The following is inserted after item 5:
>
> Any doubts concerning this Agreement will be initially
> resolved between us in good faith and in accordance with the
> principle of mutual trust.
>
> MALAYSIA: Limitation of Liability (Section 4): The word
> 'SPECIAL' in item 2 of the third paragraph is deleted:
>
> NEW ZEALAND: Limited Warranty (Section 3): The following is added:
>
> 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 which IBM provides, if You require the
> goods for the purposes of a business as defined in that Act.
>
> Limitation of Liability (Section 4): The following is added:
>
> 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 2): The
> following is added:
>
> 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.
>
> Governing Law, Jurisdiction, and Arbitration (Section 6): The
> phrase 'the laws of the country in which You acquired the
> Program license' in the Governing Law subsection is replaced
> by the following:
>
> the laws of the State of New York, United States of America
> (except when local law requires otherwise)
>
> PHILIPPINES: Limitation of Liability (Section 4): The
> following replaces the terms of item 2 of the third paragraph:
>
> 2. special (including nominal and exemplary damages), moral,
> incidental, or indirect damages or for any economic
> consequential damages; or
>
> Governing Law, Jurisdiction, and Arbitration (Section 6): The
> following is added to this section:
>
> Arbitration
>
> Disputes arising out of or in connection with this Agreement
> shall be finally settled by arbitration which shall be held
> in Metro Manila, Philippines in accordance with the laws of
> the Philippines then in effect. The arbitration award shall
> be final and binding for the parties without appeal and shall
> be in writing and set forth the findings of fact and the
> conclusions of law.
>
> The number of arbitrators shall be three, with each side to
> the dispute being entitled to appoint one arbitrator. The two
> arbitrators appointed by the parties shall appoint a third
> arbitrator who shall act as chairman of the proceedings.
> Vacancies in the post of chairman shall be filled by the
> president of the Philippine Dispute Resolution Center, Inc.
> Other vacancies shall be filled by the respective nominating
> party. Proceedings shall continue from the stage they were at
> when the vacancy occurred.
>
> If one of the parties refuses or otherwise fails to appoint
> an arbitrator within 30 days of the date the other party
> appoints its, the first appointed arbitrator shall be the
> sole arbitrator, provided that the arbitrator was validly and
> properly appointed.
>
> All proceedings shall be conducted, including all documents
> presented in such proceedings, in the English language. The
> English language version of this Agreement prevails over any
> other language version.
>
> SINGAPORE: Limitation of Liability (Section 4): The words
> 'SPECIAL' and 'ECONOMIC' are deleted from item 2 of the third
> paragraph.
>
> General (Section 5): The following replaces the terms of item 7:
>
> Subject to the rights provided to IBM's suppliers and Program
> developers as provided in Section 4 above (Limitation of
> Liability), a person who is not a party to this Agreement
> shall have no right under the Contracts (Right of Third
> Parties) Act to enforce any of its terms.
>
> TAIWAN: Limited Warranty (Section 3): The last paragraph is deleted.
>
> EUROPE, MIDDLE EAST, AFRICA (EMEA)
>
> Limited Warranty (Section 3): In the European Union, the
> following is added:
>
> In the European Union, consumers have legal rights under
> applicable national legislation governing the sale of
> consumer goods. Such rights are not affected by the Limited
> Warranty provision set out above at section 3 of this
> Agreement. The territorial scope of the Limited Warranty is
> worldwide.
>
> Limitation of Liability (Section 4): In Austria, Denmark,
> Finland, Greece, Italy, Netherlands, Norway, Portugal, Spain,
> Sweden and Switzerland, the following replaces the terms of
> this section in its entirety:
>
> Except as otherwise provided by mandatory law:
>
> 1. IBM's liability for any damages and losses that may arise
> as a consequence of the fulfillment of its obligations under
> or in connection with this agreement or due to any other
> cause related to this agreement is limited to the
> compensation of only those damages and losses proved and
> actually arising as an immediate and direct consequence of
> the non-fulfillment of such obligations (if IBM is at fault)
> or of such cause, for a maximum amount equal to the charges
> You paid for the Program.
>
> The above limitation shall not apply to damages for bodily
> injuries (including death) and damages to real property and
> tangible personal property for which IBM is legally liable.
>
> 2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM
> DEVELOPERS, LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED
> OF THEIR POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2)
> INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC
> CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS
> AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE
> DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR
> ANTICIPATED SAVINGS.
>
> 3. The limitation and exclusion of liability herein agreed
> applies not only to the activities performed by IBM but also
> to the activities performed by its suppliers and Program
> developers, and represents the maximum amount for which IBM
> as well as its suppliers and Program developers, are
> collectively responsible.
>
> Limitation of Liability (Section 4): In France and Belgium,
> the following replaces the terms of this section in its entirety:
>
> Except as otherwise provided by mandatory law:
>
> 1. IBM's liability for any damages and losses that may arise
> as a consequence of the fulfillment of its obligations under
> or in connection with this agreement is limited to the
> compensation of only those damages and losses proved and
> actually arising as an immediate and direct consequence of
> the non-fulfillment of such obligations (if IBM is at fault),
> for a maximum amount equal to the charges You paid for the
> Program that has caused the damages.
>
> The above limitation shall not apply to damages for bodily
> injuries (including death) and damages to real property and
> tangible personal property for which IBM is legally liable.
>
> 2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM
> DEVELOPERS, LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED
> OF THEIR POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2)
> INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC
> CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS
> AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE
> DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR
> ANTICIPATED SAVINGS.
>
> 3. The limitation and exclusion of liability herein agreed
> applies not only to the activities performed by IBM but also
> to the activities performed by its suppliers and Program
> developers, and represents the maximum amount for which IBM
> as well as its suppliers and Program developers, are
> collectively responsible
>
> Governing Law, Jurisdiction, and Arbitration (Section 6)
>
> Governing Law
>
> The phrase 'the laws of the country in which You acquired the
> Program license' is replaced by:
> 1) 'the laws of Austria' in Albania, Armenia, Azerbeijan,
> Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Georgia,
> Hungary, Kazakhstan, Kyrgyzstan, FYR Macedonia, Moldavia,
> Poland, Romania, Russia, Slovakia, Slovenia, Tajikistan,
> Turkmenistan, Ukraine, Uzbekistan, and FR Yugoslavia;
> 2) 'the laws of France' in Algeria, Benin, Burkina Faso,
> Cameroon, Cape Verde, Central African Republic, Chad,
> Comoros, Congo Republic, Djibouti, Democratic Republic of
> Congo, Equatorial Guinea, French Guiana, French Polynesia,
> Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon,
> Madagascar, Mali, Mauritania, Mauritius, Mayotte, Morocco,
> New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo,
> Tunisia, Vanuatu, and Wallis & Futuna;
> 3) 'the laws of Finland' in Estonia, Latvia, and Lithuania;
> 4) 'the laws of England' in Angola, Bahrain, Botswana,
> Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya,
> Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman,
> Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra
> Leone, Somalia, Tanzania, Uganda, United Arab Emirates, the
> United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe; and
> 5) 'the laws of South Africa' in South Africa, Namibia,
> Lesotho and Swaziland.
>
> Jurisdiction
>
> The following exceptions are added to this section:
>
> 1) In Austria the choice of jurisdiction for all disputes
> arising out of this Agreement and relating thereto, including
> its existence, will be the competent court of law in Vienna,
> Austria (Inner-City);
> 2) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea,
> Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi,
> Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda,
> Sao Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania,
> Uganda, United Arab Emirates, West Bank/Gaza, Yemen, Zambia,
> and Zimbabwe all disputes arising out of this Agreement or
> related to its execution, including summary proceedings, will
> be submitted to the exclusive jurisdiction of the English courts;
> 3) in Belgium and Luxembourg, all disputes arising out of
> this Agreement or related to its interpretation or its
> execution, the law, and the courts of the capital city, of
> the country of Your registered office and/or commercial site
> location only are competent;
> 4) in France, Algeria, Benin, Burkina Faso, Cameroon, Cape
> Verde, Central African Republic, Chad, Comoros, Congo
> Republic, Djibouti, Democratic Republic of Congo, Equatorial
> Guinea, French Guiana, French Polynesia, Gabon, Gambia,
> Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar,
> Mali, Mauritania, Mauritius, Mayotte, Morocco, New Caledonia,
> Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu,
> and Wallis & Futuna all disputes arising out of this
> Agreement or related to its violation or execution, including
> summary proceedings, will be settled exclusively by the
> Commercial Court of Paris;
> 5) in Russia, all disputes arising out of or in relation to
> the interpretation, the violation, the termination, the
> nullity of the execution of this Agreement shall be settled
> by Arbitration Court of Moscow;
> 6) in South Africa, Namibia, Lesotho and Swaziland, both of
> us agree to submit all disputes relating to this Agreement to
> the jurisdiction of the High Court in Johannesburg;
> 7) in Turkey all disputes arising out of or in connection
> with this Agreement shall be resolved by the Istanbul Central
> (Sultanahmet) Courts and Execution Directorates of Istanbul,
> the Republic of Turkey;
> 8) in each of the following specified countries, any legal
> claim arising out of this Agreement will be brought before,
> and settled exclusively by, the competent court of a) Athens
> for Greece, b) Tel Aviv-Jaffa for Israel, c) Milan for Italy,
> d) Lisbon for Portugal, and e) Madrid for Spain; and
> 9) in the United Kingdom, both of us agree to submit all
> disputes relating to this Agreement to the jurisdiction of
> the English courts.
>
> Arbitration
>
> In Albania, Armenia, Azerbeijan, Belarus, Bosnia-Herzegovina,
> Bulgaria, Croatia, Georgia, Hungary, Kazakhstan, Kyrgyzstan,
> FYR Macedonia, Moldavia, Poland, Romania, Russia, Slovakia,
> Slovenia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and
> FR Yugoslavia all disputes arising out of this Agreement or
> related to its violation, termination or nullity will be
> finally settled under the Rules of Arbitration and
> Conciliation of the International Arbitral Center of the
> Federal Economic Chamber in Vienna (Vienna Rules) by three
> arbitrators appointed in accordance with these rules.
> The arbitration will be held in Vienna, Austria, and the
> official language of the proceedings will be English. The
> decision of the arbitrators will be final and binding upon
> both parties. Therefore, pursuant to paragraph 598 (2) of the
> Austrian Code of Civil Procedure, the parties expressly waive
> the application of paragraph 595 (1) figure 7 of the Code.
> IBM may, however, institute proceedings in a competent court
> in the country of installation.
>
> In Estonia, Latvia and Lithuania all disputes arising in
> connection with this Agreement will be finally settled in
> arbitration that will be held in Helsinki, Finland in
> accordance with the arbitration laws of Finland then in
> effect. Each party will appoint one arbitrator. The
> arbitrators will then jointly appoint the chairman. If
> arbitrators cannot agree on the chairman, then the Central
> Chamber of Commerce in Helsinki will appoint the chairman.
>
> AUSTRIA: Limited Warranty (Section 3): The following is
> inserted at the beginning of this Section:
>
> The Warranty Period is twelve months from the date of
> delivery. The limitation period for consumers in action for
> breach of warranty is the statutory period as a minimum.
>
> The warranty for a Program covers the functionality of the
> Program for its normal use and the Program's conformity to
> its specifications.
>
> The final two paragraphs are replaced with the following:
>
> This is our sole obligation to You, except as otherwise
> required by applicable statutory law.
>
> General (Section 5): The following is added to item 4:
>
> For purposes of this clause, contact information will also
> include information about You as a legal entity, for example
> revenue data and other transactional information.
>
> GERMANY: Limited Warranty (Section 3): The same changes apply
> as those in Limited Warranty (Section 3) under Austria above.
>
> Limitation of Liability (Section 4): The following paragraph
> is added to this Section:
>
> The limitations and exclusions specified in this Section will
> not apply to damages caused by IBM intentionally or by gross
> negligence.
>
> General (Section 5): The following replace the terms of item 5:
>
> Any claims resulting from this Agreement are subject to a
> statute of limitation of three years, except as stated in
> Section 3 (Limited Warranty) of this Agreement.
>
> HUNGARY: Limitation of Liability (Section 4): The following
> is added at the end of this section:
>
> The limitation and exclusion specified herein shall not apply
> to liability for a breach of contract damaging life, physical
> well-being, or health that has been caused intentionally, by
> gross negligence, or by a criminal act.
>
> The parties accept the limitations of liability as valid
> provisions and state that the Section 314.(2) of the
> Hungarian Civil Code applies as the acquisition price as well
> as other advantages arising out of the present Agreement
> balance this limitation of liability.
>
> IRELAND: Limited Warranty (Section 3): The following 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 4): The following replaces
> the terms of this section in its entirety:
>
> For the purposes of this section, a 'Default' means any act,
> statement, omission, or negligence on the part of IBM in
> connection with, or in relation to, the subject matter of an
> Agreement in respect of which IBM is legally liable to You
> whether in contract or tort. A number of Defaults which
> together result in, or contribute to, substantially the same
> loss or damage will be treated as one Default occurring on
> the date of occurrence of the last such Default.
>
> Circumstances may arise where, because of a Default, You are
> entitled to recover damages from IBM. This section sets out
> the extent of IBM's liability and Your sole remedy.
>
> 1. IBM will accept unlimited liability for (a) death or
> personal injury caused by the negligence of IBM, and (b)
> subject always to the Items for Which IBM is Not Liable
> below, for physical damage to Your tangible property
> resulting from the negligence of IBM.
>
> 2. Except as provided in item 1 above, IBM's entire liability
> for actual damages for any one Default will not in any event
> exceed the greater of 1) EUR 125,000, or 2) 125% of the
> amount You paid for the Program directly relating to the
> Default. These limits also apply to any of IBM's suppliers
> and Program developers. They state the maximum for which IBM
> and such suppliers and Program developers are collectively
> responsible.
>
> Items for Which IBM is Not Liable
>
> Save with respect to any liability referred to in item 1
> above, under no circumstances is IBM or any of its suppliers
> or Program developers liable for any of the following, even
> if IBM or they were informed of the possibility of such losses:
>
> 1. loss of, or damage to, data;
>
> 2. special, indirect, or consequential loss; or
>
> 3. loss of profits, business, revenue, goodwill, or
> anticipated savings.
>
> ITALY: General (Section 5): The following is added to this section:
>
> IBM and Customer (hereinafter, individually, 'Party') shall
> comply with all the obligations of the applicable provisions
> of law and/or regulation on personal data protection. Each of
> the Parties will indemnify and keep the other Party harmless
> from any damage, claim, cost or expense incurred by the
> latter, directly and or indirectly, as a consequence of an
> infringement of the other Party of the mentioned provisions
> of law and/or regulations.
>
> SLOVAKIA: Limitation of Liability (Section 4): The following
> is added to the end of the last paragraph:
>
> The limitations apply to the extent they are not prohibited
> under §§ 373-386 of the Slovak Commercial Code.
>
> General (Section 5): The terms of item 5 are replaced with
> the following:
>
> THE PARTIES AGREE THAT ANY LEGAL OR OTHER ACTION RELATED TO A
> BREACH OF THIS AGREEMENT MUST BE COMMENCED NO LATER AS
> DEFINED BY THE LOCAL LAW (4 YEARS) FROM THE DATE ON WHICH THE
> CAUSE OF ACTION AROSE.
>
> SOUTH AFRICA, NAMIBIA, LESOTHO, SWAZILAND: Limited Warranty
> (Section 3): The following is added at the end of the first
> paragraph:
>
> notwithstanding any advice or assistance that IBM may have
> given to You prior to the selection of such Programs.
>
> SWITZERLAND: General (Section 5): The following is added to item 4:
>
> For purposes of this clause, contact information will also
> include information about You as a legal entity, for example
> revenue data and other transactional information.
>
> UNITED KINGDOM: Limited Warranty (Section 3): The following
> replaces the first sentence in the fourth paragraph of this section:
>
> 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 SATISFACTORY QUALITY, MERCHANTABILITY AND
> FITNESS FOR A PARTICULAR PURPOSE.
>
> Limitation of Liability (Section 4): The following replaces
> the terms of this section in its entirety:
>
> For the purposes of this section, a 'Default' means any act,
> statement, omission, or negligence on the part of IBM in
> connection with, or in relation to, the subject matter of an
> Agreement in respect of which IBM is legally liable to You,
> whether in contract or tort. A number of Defaults which
> together result in, or contribute to, substantially the same
> loss or damage will be treated as one Default.
>
> Circumstances may arise where, because of a Default, You are
> entitled to recover damages from IBM. This section sets out
> the extent of IBM's liability and Your sole remedy.
>
> 1. IBM will accept unlimited liability for:
>
> (a) death or personal injury caused by the negligence of IBM;
>
> (b) any breach of its obligations implied by Section 12 of
> the Sale of Goods Act 1979 or Section 2 of the Supply of
> Goods and Services Act 1982, or any statutory modification or
> re-enactment of either such Section; and
>
> (c) subject always to the Items for Which IBM is Not Liable
> below, for physical damage to Your tangible property
> resulting from the negligence of IBM.
>
> 2. IBM's entire liability for actual damages for any one
> Default will not in any event, except as provided in item 1
> above, exceed the greater of 1) £75,000, or 2) 125% of the
> amount You paid for the Program directly relating to the
> Default. These limits also apply to IBM's suppliers and
> Program developers. They state the maximum for which IBM and
> such suppliers and Program developers are collectively responsible.
>
> Items for Which IBM is Not Liable
>
> Save with respect to any liability referred to in item 1
> above, under no circumstances is IBM or any of its suppliers
> or Program developers liable for any of the following, even
> if IBM or they were informed of the possibility of such losses:
>
> 1. loss of, or damage to, data;
>
> 2. special, indirect, or consequential loss; or
>
> 3. loss of profits, business, revenue, goodwill, or
> anticipated savings.
>
> Z125-3301-12 (11/2002)
>
>
>
> LICENSE INFORMATION
>
> The Programs listed below are licensed under the following
> terms and conditions in addition to those of the
> International Program License Agreement.
>
> Program Name: WebSphere Studio Device Developer V5.7
> Program Number: 5724-D48
> Authorization for Use on Home/Portable Computer: 1
>
> 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.
>
> Specified Operating Environment
>
> 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.
>
> Excluded Components
>
> Notwithstanding the terms and conditions of any other
> agreement You may have with IBM or any of its related or
> affiliated companies (collectively 'IBM') or with any of the
> third parties that provide IBM products ('Third Parties'),
> the following terms and conditions apply to all 'Excluded
> Components' identified below: (a) all Excluded Components are
> provided on an 'AS IS' basis; (b) IBM AND THIRD PARTIES
> DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND
> CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF
> NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES
> AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A
> PARTICULAR PURPOSE; (c) IBM and Third Parties will not be
> liable to You or indemnify You for any claims related to the
> Excluded Components; and (d) IBM and Third Parties will not
> be liable for any direct, indirect, incidental, special,
> exemplary, punitive or consequential damages with respect to
> the Excluded Components.
>
> The following are Excluded Components:
> (1) Eclipse SDK 2.1.2
> (2) SWT
> (3) CDT
> (4) Java Development Tools (JDT)
> (5) Plug-in Development Environment (PDE)
> (6) Graphical Editing Framework (GEF)
> (7) XML Schema Model (XSD)
> (8) Eclipse Modeling Framework (EMF)
> (9) Remote Systems Explorer (RSE)
> (10) IBM Java Runtime Environment
> (11) Ant
> (12) Ant Optional Tasks
> (13) XML4J
> (14) Tomcat
> (15) Open Motif for Linux
> (16) Lucene
> (17) Java SSH Applet
> (18) JUnit
> (19) zlib
> (20) fdlibm
> (21) libpng
> (22) Wireless Messaging API (WMA)
> (23) Mobile Media API (MMAPI)
> (24) Regexp
> (25) GTK+ Bindings
>
> Third Party Code
>
> The Program and future updates and fixpacks to the Program
> may contain certain third party components which are provided
> to You under terms and conditions which are different from
> this Agreement, or which require IBM or third parties that
> provide IBM products ('Third Parties') to provide You with
> certain notices and/or information. For each such third party
> component, either IBM or Third Parties will identify such
> third party component in a 'README' file (or in an updated
> 'README' file accompanying the fixpack or update), or in a
> file or files referenced in such 'README' files (and shall
> include any associated license agreement, notices and other
> related information therein), or the third party component
> will contain or be accompanied by its own license agreement
> (for example, provided when installing or starting such
> component, or accompanying such component in a file entitled
> 'README', 'COPYING', 'LICENSE' or a substantially similar
> title, or included among the Program's pa
> per documentation, if any). Your use of each third party
> component which contains or is accompanied by its own license
> agreement, or for which IBM or Third Parties have identified
> a license agreement in one of the above 'README' files (or in
> a file or files referenced therein), will be subject to the
> terms and conditions of such other license agreement, and not
> this Agreement. By using or not uninstalling such third party
> components after the initial installation of such third party
> components (thereby giving You access to the applicable
> license agreements, notices and information), You acknowledge
> and agree to all such license agreements, notices and
> information, including those provided only in the English
> language. You agree to review any updated 'README' files
> which accompany updates and fixpacks to the Program.
>
> The Program contains the following third party components:
> (1) GTK + Bindings
> (2) fdlibm
>
> Program-unique Terms
>
> 1. GENERAL:
>
> The following subset of Excluded Components was obtained from
> Eclipse.org: Ant, Ant Optional Tasks, Regexp, Tomcat, JUnit,
> XML4J, Lucene, Eclipse SDK 2.1.2, SWT, CDT, Open Motif for
> Linux, Java Ssh Applet, GTK+ Bindings, Java Development Tools
> (JDT), Plug-in Development Environment (PDE), Graphical
> Editing Framework (GEF), XML Schema Model (XSD), Eclipse
> Modeling Framework (EMF), and Remote Systems Explorer (RSE),
> (collectively 'Eclipse Code'). Notices and important
> information, including instructions for obtaining source
> code, for the Eclipse Code may be found in associated
> 'about.html' files ('About Files') located in a directory for
> the Eclipse Code. Notwithstanding the terms in the About
> Files, THE OBJECT CODE for the Eclipse Code (except for the
> GTK+ Bindings) IS LICENSED AND IS MADE AVAILABLE TO YOU UNDER
> THE TERMS OF THIS LICENSE (IPLA), SUBJECT TO ITS EXCLUDED
> COMPONENTS PROVISIONS. The object code for the GTK+ Bindings
> is licensed to you under the terms of the LGPL.
>
>
> THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS APPLY TO THE
> FOLLOWING SUBSET OF THE ECLIPSE CODE: Eclipse SDK 2.1.2, SWT,
> CDT, Java Development Tools (JDT), Plug-in Development
> Environment (PDE), Graphical Editing Framework (GEF), XML
> Schema Model (XSD), Eclipse Modeling Framework (EMF), and
> Remote Systems Explorer (RSE), COLLECTIVELY ('Eclipse
> Projects'). The Eclipse Projects were LICENSED by IBM FROM
> ECLIPSE.ORG UNDER THE TERMS OF THE COMMON PUBLIC LICENSE
> ('CPL') AS DESCRIBED IN THE APPLICABLE ABOUT FILES. THE
> CONTRIBUTORS (AS DEFINED IN THE CPL) OF SUCH ECLIPSE PROJECTS
> HAVE PROVIDED THEIR CONTRIBUTIONS 'AS IS' WITHOUT WARRANTY OR
> CONDITION OF ANY KIND EITHER EXPRESS, IMPLIED, OR STATUTORY,
> INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR
> CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A
> PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL THE
> CONTRIBUTORS BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS,
> LOST REVENUE, LOST DATA, OR FOR ANY DIRECT, INDIRECT, SPE
> CIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF IBM OR
> THE CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
> LOSSES OR DAMAGES. ANY PROVISIONS IN THE IBM INTERNATIONAL
> PROGRAM LICENSE AGREEMENT THAT RELATE TO THE ECLIPSE PROJECTS
> WHICH DIFFER FROM THE CPL ARE OFFERED BY IBM ALONE AND NOT BY
> ANY OTHER PARTY INCLUDING, WITHOUT LIMITATION, ANY CONTRIBUTOR.
>
> 2. GRANT OF LICENSE:
>
> (A) Definitions
>
> * The term 'Runtimes' shall mean collectively the IBM
> WebSphere Everyplace Micro Environment and IBM WebSphere
> Everyplace Custom Environment programs. These Runtimes
> include the J9 Virtual Machine, Class Libraries including
> J2ME configurations and profiles as well as custom configurations.
>
> (B) Licenses - The license contained below and not those
> contained in Part I of the Agreement shall govern your use of
> the Program.
>
> *General Program License - Subject to the terms and
> conditions of this Agreement, IBM grants you (an entity or a
> person) a non-transferable, non-exclusive, limited license to
> internally within your enterprise use one (1) copy of the
> Program for the sole purpose of developing applications.
> Except for the limited rights granted above and the
> additional rights granted below, IBM does not grant you any
> other rights with respect to the Program including, without
> limitation, any right to distribute the Program or any
> component thereof outside of your enterprise.
>
> Note: the eSWT and JDBC Optional Package for CDC/Foundation
> Profile components of the Program are betas and may only be
> used for evaluation purposes.
>
> * Runtime Licenses - In addition to the rights granted in the
> General Program License section, and subject to the terms of
> this Agreement, IBM grants you a non-transferable,
> non-exclusive, limited license to internally within your
> enterprise use the Runtimes as part of your application(s)
> for the sole purpose of demonstrating your application(s)
> executing on the Runtimes. Subject to the terms of this
> Agreement, IBM grants you a non-transferable, non-exclusive,
> limited license to reproduce up to ten (10) copies of the
> Runtimes, in object code/byte code form only, and externally
> distribute such object/byte code copies of the Runtimes as
> part of your application(s) for the sole purpose of
> demonstrating your application(s) executing on the Runtimes.
> Subject to the terms of this Agreement, IBM grants you a
> non-transferable, non-exclusive, limited license to
> internally within your enterprise use the class library
> source code distributed with the Programs in the directories:
>
> ive/lib/jcl*/source
> ive/lib/runtimes/common/ive/lib/jcl*/source
> ive/lib/runtimes/*/*/ive/lib/jcl*/source
>
> for the sole purpose of debugging your applications.
>
> If you wish to acquire additional distribution rights to the
> Runtimes for use with your application, please contact IBM or
> an IBM Associate listed at http://www.ibm.com/software/ad/embedded.
>
> * Samples and Examples License - In addition to the rights
> granted in the General Program License section, and subject
> to the terms of this Agreement, IBM grants you a
> non-transferable, non-exclusive, limited license to
> internally: use, reproduce, execute, and create derivative
> works of the samples and examples available from the
> WebSphere Studio Device Developer Creation Wizard as
> 'Examples' (hereinafter 'Samples'). You may reproduce and
> distribute such Samples and derivative works thereof in
> object/byte code form provided that: a) you distribute the
> Samples and derivative works thereof as part of an
> application to which you have added significant added value;
> b) you distribute the Samples and derivative works thereof as
> part of your application distributed pursuant to an end user
> license agreement that is at least as protective of IBM's
> rights in the Samples as are contained in this Agreement; c)
> you do not make any statements which imply that the
> performance of your applic
> ation including, without limitation, the Samples and
> derivative works thereof, is guaranteed or is endorsed by
> IBM; d) you do not remove any of IBM's copyright statements
> contained in the Samples; e) you agree to defend, indemnify,
> hold harmless IBM and its suppliers from and against any
> claims, lawsuits, demands, liabilities, damages, costs and
> expenses including, without limitation, attorney fees, in any
> way related to, or connected with, your application
> including, without limitation, the Samples. You agree that
> the Samples are not released code, are not free of bugs, and
> may not be at the level of performance of generally available
> IBM products. You also agree that it is your responsibility
> to fully test the Samples and any derivative works thereof
> before you distribute them to your customers. In addition,
> IBM does not provide any maintenance, upgrades or other
> support for the Samples.
>
> 3. SUPPORT:
>
> NOTWITHSTANDING ANYTHING TO THE CONTRARY IN PART 1 OR PART 2
> OF THE IPLA, IF YOU ACQUIRED YOUR LICENSE TO THIS PROGRAM
> OUTSIDE THE SCOPE OF IBM'S PASSPORT ADVANTAGE PROGRAM, IBM
> MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED
> INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF
> NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF
> MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
> REGARDING THE PROGRAM.
>
> Support and upgrades for the Program may be available from
> IBM or the distributor who provided the Program to you.
> Access to such support and upgrades may require payment of a
> fee and agreement to additional terms and conditions. Any
> beta programs and Samples provided may be modified
> substantially before general availability. IBM does not
> guarantee that the beta programs, Samples and/or any
> component thereof will be made generally available. You
> should exercise caution in the use of the beta programs and
> Samples. The beta programs and Samples may not be at the
> level of performance or compatibility of generally available
> IBM products, and should not be used for productive purposes.
> In addition, IBM does not warrant or guarantee that the
> operability of any of your applications running with the
> Program will be maintained with any subsequent or generally
> available versions of the Program. Although IBM may try to
> answer technical support questions you may have regarding your use o
> f the Program, any such assistance does not obligate IBM to
> provide support or maintenance services for the Program.
>
> You agree that any information or feedback you may provide to
> IBM related to the Program or this Agreement is
> non-confidential and you grant IBM and its suppliers a
> non-exclusive, worldwide, fully paid up, perpetual and
> irrevocable license to use this information/feedback in IBM's
> and its suppliers' business activities without restriction
> and without payment or accounting to you or any third party.
>
>
>
> D/N: L-KMIR-5XLV92
> P/N: L-KMIR-5XLV92
>
>
>
> Committer Name: Kevin Horowitz
> Committer Email: khorowit@xxxxxxxxxx
