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 ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, - DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE PROGRAM; AND - PROMPTLY RETURN THE PROGRAM AND PROOF OF ENTITLEMENT TO THE PARTY FROM WHOM YOU ACQUIRED IT TO OBTAIN A REFUND OF THE AMOUNT YOU PAID. IF YOU DOWNLOADED THE PROGRAM, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT. "IBM" is International Business Machines Corporation or one of its subsidiaries. "License Information" ("LI") is a document that provides information specific to a Program. The Program's LI is available at http://www.ibm.com/software/sla/ . The LI may also be found in a file in the Program's directory, by the use of a system command, or as a booklet which accompanies the Program. "Program" is the following, including the original and all whole or partial copies: 1) machine-readable instructions and data, 2) components, 3) audio-visual content (such as images, text, recordings, or pictures), 4) related licensed materials, and 5) license use documents or keys, and documentation. A "Proof of Entitlement" ("PoE") is evidence of Your authorization to use a Program at a specified level. That level may be measured, for example, by the number of processors or users. The PoE is also evidence of Your eligibility for warranty, future upgrade prices, if any, and potential special or promotional opportunities. If IBM does not provide You with a PoE, then IBM may accept the original paid sales receipt or other sales record from the party (either IBM or its reseller) from whom You acquired the Program, provided that it specifies the name of the Program and the usage level acquired. "You" and "Your" refer either to an individual person or to a single legal entity. This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms (if any), License Information, and Proof of Entitlement and is the complete agreement between You and IBM regarding the use of the Program. It replaces any prior oral or written communications between You and IBM concerning Your use of the Program. The terms of Part 2 and License Information may replace or modify those of Part 1. To the extent there is a conflict between the terms of this Agreement and those of the IBM International Passport Advantage Agreement, the terms of the latter agreement prevail. 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 in the PoE and 2) make and install copies, including a backup copy, to support such use. The terms of this license apply to each copy You make. You will reproduce all copyright notices and all other legends of ownership on each copy, or partial copy, of the Program. If You acquire the Program as a program upgrade, after You install the upgrade You may not use the Program from which You upgraded or transfer it to another party. You will ensure that anyone who uses the Program (accessed either locally or remotely) does so only for Your authorized use and complies 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. IBM may terminate Your license if You fail to comply with the terms of this Agreement. If IBM does so, You must destroy all copies of the Program and its PoE. Money-back Guarantee If for any reason You are dissatisfied with the Program and 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 whom You obtained it. If You downloaded the Program, You may contact the party from whom You acquired it for instructions on how to obtain the refund. Program Transfer You may transfer a Program and all of Your license rights and obligations to another party only if that party agrees to the terms of this Agreement. When You transfer the Program, You 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 elsewhere in this Agreement. If You wish to increase the level of use, notify IBM or the party from whom You acquired it and pay any applicable charges. If any authority imposes a duty, tax, levy or fee, excluding 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 Program. IBM does not warrant uninterrupted or error-free operation of the Program or that IBM will correct all Program defects. You are responsible for the results obtained from the use of the Program. IBM provides You with access to IBM databases containing information on known Program defects, defect corrections, restrictions, and bypasses at no additional charge. Consult the IBM Software Support Guide for further information at 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 filled by 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, Azerbaijan, 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, for all disputes arising out of this Agreement or related to its interpretation or its execution, only the law and the courts of the capital of the country in which Your registered office and/or commercial office is located 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, Azerbaijan, 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 percent 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 Sections 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) Pounds Sterling 75,000, or 2) 125 percent 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 (07/2008) 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: IBM OmniFind Enterprise Edition V8.5 Program Number: 5724-L31 Authorization for Use on Home/Portable Computer: You may not copy and use this Program on another computer without paying additional license fees. Program Name: IBM OmniFind Enterprise Starter Edition V8.5 Program Number: 5724-L31 Authorization for Use on Home/Portable Computer: You may not copy and use this Program on another computer without paying additional license fees. Limited Use Rights for Other IBM Programs If You acquired this Program as part of another IBM Program ("Principal Program") that lists this Program under "Other IBM Programs", You received this Program only in support of the Principal Program and Your rights to use this Program will be limited by the license of the Principal Program. Please contact Your IBM Sales Representative if You wish to acquire a separate license to this Program not limited by the Principal Program's license terms. Other IBM Programs The Program is licensed as a multi-product package and includes other products distributed with the Program ("Other IBM Programs"). You are authorized to install and use such Other IBM Programs only in association with Your licensed use of the Program under this Agreement. The Other IBM Programs may not be used for any other purpose. You are not authorized to transfer or remarket the Other IBM Programs. The terms of the Program's Agreement may replace or modify the license terms for the Other IBM Programs. In the event of conflict, the Program's terms supersede the terms of the license agreement which accompanies the Other IBM Programs. When Your right to use the Program expires or terminates, You must discontinue use, destroy or promptly return all copies of the Other IBM Programs to the party from whom You acquired it; if You downloaded the Other IBM Programs contact the party from whom You acquired it. If You wish to license the Other IBM Programs for any use beyond the limits set forth above, please contact an IBM Sales Representative or the party from whom You acquired it to obtain the appropriate licenses. The following are Other IBM Programs licensed with the Programs: DB2 Connect Enterprise Edition V9.1 DB2 Enterprise Server Edition V9.1 IBM LanguageWare V5.3 WebSphere Application Server V6.1 WebSphere Federation Server V9.1.1 WebSphere Information Integrator Content Edition V8.4 Excluded Components The provisions of this paragraph do not apply to the extent they are held to be invalid or unenforceable under the law that governs this license. The components listed below are "Excluded Components." Notwithstanding any of the terms in the Agreement or any other agreement You may have with IBM: (a) the third party suppliers of such Excluded Components ("Suppliers") provide the components WITHOUT WARRANTIES OF ANY KIND and, such Suppliers DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE EXCLUDED COMPONENTS; (b) in no event are the Suppliers liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, including but not limited to lost data, lost savings, and lost profits, with respect to the Excluded Components; and, (c) IBM and the Suppliers are not liable to You, and will not defend, indemnify, or hold You harmless for any claims arising from or related to the Excluded Components. Notwithstanding these exclusions, in Germany and Austria, IBM's warranty and liability for the Excluded Components is governed only by the respective terms applicable for Germany and Austria in the IBM license agreements. Notices and important information that IBM is required to provide to You with respect to the Excluded Components, including instructions for obtaining source code for certain Excluded Components, may be found in the NOTICES file(s) that accompanies the Program. Your use of the Excluded Components is governed by the terms of the Agreement and not by any terms that may be contained in the NOTICES file(s). The terms contained in the Agreement are offered by IBM and not by any other party. Future Program updates or fixpacks may contain additional Excluded Components. Such additional Excluded Components, and related notices and information, if any, will be listed in another NOTICES file that accompanies the Program update or fixpack. The following are Excluded Components: Apache Common-BeanUtils V1.6 Apache Common-Collections V2.1 Apache Common-Digestor V1.5 Apache Common-FileUpload V1.0 Apache Commons-Logging 1.0.3 Apache Common-Validator V1.0.2 Apache Derby V10.3 Apache Lucene HTML Parser V1.4.3 Apache Lucene V1.4.3 Apache Struts V1.1 Apache Tomcat V4.1.30.1 Eclipse Help System V3.1.1 Eclipse Modeling Framework V2.2.2 HSQLDB V1.7.1 ICU4C V3.6 ICU4J V3.6 InfoZip Unzip stub file V5.40, V5.41,V5.42 & V5.5 MX4J V1.1.1 Quick V1.0.1 Separately Licensed Code The provisions of this paragraph do not apply to the extent they are held to be invalid or unenforceable under the law that governs this license. Each of the components listed below is considered "Separately Licensed Code". IBM Separately Licensed Code is licensed to You under the terms of the applicable third party license agreement(s) set forth in the NON_IBM_LICENSE file(s) that accompanies the Program. Notwithstanding any of the terms in the Agreement, or any other agreement You may have with IBM, the terms of such third party license agreement(s) governs Your use of all Separately Licensed Code unless otherwise noted below. Future Program updates or fixpacks may contain additional Separately Licensed Code. Such additional Separately Licensed Code and related licenses are listed in another NON_IBM_LICENSE file that accompanies the Program update or fixpack. You acknowledge that You have read and agree to the license agreements contained in the NON_IBM_LICENSE file(s). If You do not agree to the terms of these third party license agreements, You may not use the Separately Licensed Code. For Programs acquired under the International Program License Agreement ("IPLA") or International Program License Agreement for Non Warranted Program ("ILAN") and You are the original licensee of the Program, if You do not agree with the third party license agreements, You may return the Program in accordance with the terms of, and within the specified time frames stated in, the "Money-back Guarantee" section of the IPLA or ILAN IBM Agreement. Note: Notwithstanding any of the terms in the third party license agreement, the Agreement, or any other agreement You may have with IBM: (a) IBM provides this Separately Licensed Code to You WITHOUT WARRANTIES OF ANY KIND; (b) IBM DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SEPARATELY LICENSED CODE; (c) IBM is not liable to You, and will not defend, indemnify, or hold You harmless for any claims arising from or related to the Separately Licensed Code; and (d) IBM is not liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages including, but not limited to, lost data, lost savings, and lost profits, with respect to the Separately Licensed Code. Notwithstanding these exclusions, in Germany and Austria, IBM's warranty and liability for the Separately Licensed Code is governed only by the respective terms applicable for Germany and Austria in IBM license agreements. Note: IBM may provide limited support for some Separately Licensed Code. If such support is available, the details and any additional terms related to such support will be set forth in the License Information document. The following are Separately Licensed Code: GTK+ Binding and GNOME Binding JACL V1.3.2 Redistribution Information If You have developed an application that is dependent upon the files or modules listed below or located in the directory named below, You may distribute these files or modules, subject to the following terms: 1) The files or modules must be in object code. 2) You will indemnify IBM or third parties that provide IBM products ("Third Parties") from and against any third party claim arising out of the use or distribution of Your application. 3) You may not use the same path name as the original files/modules. 4) You may not use IBM's or Third Parties' names or trademarks in connection with the marketing of Your applications without IBM's or Third Parties' prior written consent. 5) IBM or Third Parties provide copies of these files or modules "AS IS," i.e., You are responsible for all technical assistance for Your application. 6) In Your license agreement with the recipient, You will notify the recipient that these files or modules may not be 1) used for any purpose other than to enable the application, 2) copied (except for backup purposes), 3) further distributed, or 4) reverse assembled, reverse compiled, or otherwise translated. Microsoft Visual Studio 2005 C++ Runtime Library: msvcm80.dll msvcp80.dll msvcr80.dll Your application containing a copy of the above referenced files/modules must be labeled as follows: "CONTAINS Runtime Modules of IBM OmniFind Enterprise Edition V8.5 IBM OmniFind Enterprise Starter Edition V8.5 (c) Copyright IBM Corporation 2008 All Rights Reserved" Processor Value Unit Licensing Model The Program is licensed using Processor Value Units. The Processor Value Unit licensing model is described at URL: http://www.ibm.com/software/lotus/passportadvantage/pvu_licensing_for_customers.html 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. You agree that such documentation and other Program content may be supplied only in the English language. Program-unique Terms "Programs" is defined as: - IBM OmniFind Enterprise Edition (Enterprise Edition); and - IBM OmniFind Enterprise Starter Edition (Starter Edition); B. General Charge Terms: Your use of the Programs may not exceed the level defined by the number of use authorizations You have acquired. The Programs are available for licensing in accordance with one or more of the following levels of use: 1. Processor Value Units a. Processor Value Unit with Single Staging A Processor Value Unit with Single Staging (Single Staging) entitles you to run the Program in one production environment and one staging environment. The staging environment may only be used for non-production activities such as development, testing, performance tuning, fault diagnosis, benchmarking, problem solving and QA activities. This includes all forms of test and development activities related to "system" and "unit" testing. The number of Processor Value Unit entitlements required for the program depends on how the program is deployed in your environment. You must obtain a Proof of Entitlement (PoE) for the calculated number of Processor Value Unit entitlements for your implementation. The Processor Value Unit licensing model is described at URL: http://www.ibm.com/software/sw-lotus/services/cwepassport.nsf/wdocs/pvu_licensing_for_customers b. Processor Value Unit with Dual Staging A Processor Value Unit with Dual Staging (Dual Staging) entitles you to run the Program in one production environment and two staging environments. The staging environment may only be used for non-production activities such as development, testing, performance tuning, fault diagnosis, benchmarking, problem solving and QA activities. This includes all forms of test and development activities related to "system" and "unit" testing. The number of Processor Value Unit entitlements required for the program depends on how the program is deployed in your environment. You must obtain a PoE for the calculated number of Processor Value Unit entitlements for your implementation. The Processor Value Unit licensing model is described at URL: http://www.ibm.com/software/sw-lotus/services/cwepassport.nsf/wdocs/pvu_licensing_for_customers c. The use of the Starter Edition is restricted to a stand-alone server with a specified maximum number of Processor Value Units. The maximum number of Processor Value Units on the server may differ depending upon the type of processor core(s) on the server. Refer to the IBM Express Middleware Licensing Guide to determine the maximum allowable number of Processor Value Units for this Starter Edition 's server restriction: ftp://ftp.software.ibm.com/software/smb/pdfs/LicensingGuide.pdf . A search application used with Starter Edition may not connect to any other instance of Starter Edition. A search application is defined as the Starter Edition out-of-the-box search application or any other commercial or custom application that makes calls to Starter Edition application programming interfaces (APIs).The Processor Value Unit licensing model is described at URL: http://www.ibm.com/software/sw-lotus/services/cwepassport.nsf/wdocs/pvu_licensing_for_customers 2. Connectors The total number of data sources accessed may not exceed the number authorized by the applicable connector PoE(s). If the total number of connectors used exceeds that which is authorized by the applicable PoE, You must notify Your IBM sales representative or IBM Business Partner as stated in the IPLA. Each connector PoE enables You to access, from Enterprise Edition or Starter Edition, one of the specified data sources described below. Additional connector instances will require additional connector PoE(s). a. One Connector License for an email or collaboration system entitles you to access one or more servers of one specific type of a supported non-IBM email or collaboration system. For example, one (1) Connector PoE entitles you to access all the Microsoft Exchange servers that are accessible by Enterprise Edition or Starter Edition within the Enterprise. b. One Connector License for relational data source entitles you to access only one database instance of a supported non-IBM relational data source. A "database instance" is a single copy of data and the catalog to support it. Access to additional database instance(s) or type(s) will require additional Connector PoE(s). c. One Connector License for an enterprise content management system entitles you to access one instance of one specific type of a supported non-IBM enterprise content management system. For example, one (1) Connector PoE entitles you to access one (1) Microsoft SharePoint Services content database, in which a "content database" is a single database instance that contains the content for one or more SharePoint sites. d. Enterprise Edition and Starter Edition include access to the following without requiring an additional Connector PoE: - all supported IBM sources, - all supported local and network file systems, - all supported Web/HTTP sources Please refer to the announcement letter for the list of supported sources for each release of Enterprise Edition and Starter Edition. C. PROGRAM COMPONENTS 1. Base annotators: The Programs include a package of base annotator components (named OF_base_annotators). You are authorized to use the base annotator components solely for the purpose of development and testing of annotators that You develop for use in conjunction with Your authorized use of Enterprise Edition or Starter Edition. The base annotator components cannot be used for production purposes and may not be used with Limited Use Enterprise Edition. You may make one copy of these annotators for each development machine within Your enterprise upon which You have a validly licensed IBM Unstructured Information Management Architecture (UIMA) software development kit installed. 2. Limited use of Eclipse Components The following subset of Excluded Components and/or Separately Licensed Code was obtained from the Eclipse Foundation: EMF 2.2.2 (herein collectively referred to as "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. These About Files are provided for informational purposes only, and notwithstanding anything to the contrary therein, the terms governing Your use of such Eclipse Code shall be as set forth above in the applicable Excluded Components or Separately Licensed Code section. 3. Restricted use of IBM Lotus Notes NCSO.JAR The Programs include the IBM Lotus Notes NCSO.JAR component. You are authorized to install and use this component only in association with your licensed use of the Programs. 4. Limited use license of WebSphere Federation Server: a. Enterprise Edition and Starter Edition include portions of WebSphere Federation Server. You are authorized to install and use one copy of these components only in association with your licensed use of Enterprise Edition or Starter Edition and, except as limited in this paragraph, use is subject to the terms and conditions of the license agreement that accompanies WebSphere Federation Server. b. The WebSphere Federation Server components can be used only in conjunction with Enterprise Edition or Starter Edition for accessing supported data sources that require access through WebSphere Federation Server and for which you have acquired the appropriate entitlement. Access to these data sources using WebSphere Federation Server components is limited to the following: - Crawling supported data sources - Retrieving data via the URL returned from Enterprise Edition or Starter Edition. c. The WebSphere Federation Server components may not be used for any other purpose, including but not limited to use of event publishing to support DB2 crawling, unless a full license for the appropriate WebSphere Federation Server program is acquired. 5. Limited use license of WebSphere Information Integrator Content Edition (WebSphere II CE): a. The Programs include portions of WebSphere II CE. You are authorized to install and use these components only in association with your licensed use of the Programs and, except as limited in this paragraph, use is subject to the terms and conditions of the license agreement that accompanies WebSphere II CE. The WebSphere II CE components can be used only in conjunction with the Programs for accessing supported content management systems that require access through WebSphere II CE and for which you have acquired the appropriate entitlement. Access to these systems using WebSphere II CE components is limited to the following: - Crawling supported content management systems - Retrieving native content via the URL returned from the Programs. b. The WebSphere II CE components may not be used for any other purpose unless a full license for WebSphere II CE is acquired. 6. Limited use license of DB2 Enterprise Server Edition (DB2 ESE): a. DB2 Components: Enterprise Edition and Starter Edition include portions of DB2 ESE. You are authorized to install and use DB2 ESE server and client components only in association with your licensed use of Enterprise Edition or Starter Edition. DB2 ESE components cannot be used to build or extend custom applications that store business data, nor can the included DB2 ESE components be used for storing the results of text analysis generated by Enterprise Edition or Starter Edition. b. You are authorized to install and use one copy of the DB2 ESE server component only with and on the same processor as Enterprise Edition or Starter Edition crawler component. Storing of user data (created and/or consumed by an end-user) requires obtaining a full DB2 ESE license. c. Multiple DB2 clients are provided with Enterprise Edition or Starter Edition. You may make copies of these clients and documentation in support of your authorized use of Enterprise Edition or Starter Edition within your Enterprise. d. The limited use license of DB2 ESE does not entitle you to purchase and use separately chargeable components such as DB2 database partitioning feature in combination with Enterprise Edition or Starter Edition. The purchase of a full DB2 ESE license is required to purchase the DB2 database partitioning feature. e. These terms and conditions apply only when DB2 ESE is installed and used with Enterprise Edition or Starter Edition. When DB2 ESE is installed and used with WebSphere II SE, your use of the DB2 ESE components is subject to the terms and conditions of the license agreement which accompanies WebSphere II SE. f. If you install Enterprise Edition or Starter Edition on a server with a previously installed DB2 ESE, the DB2 ESE must be at the proper version as specified in the announcement letter. If you install Enterprise Edition or Starter Edition on a previously installed DB2 instance, the license terms for that particular instance of DB2 override the terms of this license. g. Your use of the DB2 ESE components is subject to the terms and conditions of the license agreement which accompany the components except as limited in this license. The DB2 ESE components may not be used for any other purpose. Please contact Your IBM sales representative or IBM Business Partner if your needs exceed this license agreement, to obtain a full DB2 UDB program. 7. Limited use license of DB2 Connect a. Enterprise Edition or Starter Edition include DB2 Connect technology. You are authorized to install and use the DB2 Connect technology only in association with your licensed use of Enterprise Edition or Starter Edition, and cannot be used to provide connectivity for any application other than Enterprise Edition or Starter Edition. Such authorized use includes: - Crawling database data via the Enterprise Edition or Starter Edition crawlers - Retrieving data via the URL returned from Enterprise Edition or Starter Edition b. Your use of the DB2 Connect components is subject to the terms and conditions of the license agreement which accompany the components except as limited in this license. The DB2 Connect components may not be used for any other purpose. Please contact Your IBM sales representative or IBM Business Partner if your needs exceed this license agreement, to obtain a full DB2 Connect program. 8. Limited Use License of Eclipse Components for IBM Help System: The following subset of Excluded Components and/or Third Party Code was obtained from the Eclipse Foundation: Tomcat, MX4J, Lucene, Lucene HTML Parser, Eclipse Help System (herein collectively referred to as "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. These About Files are provided for informational purposes only, and notwithstanding anything to the contrary therein, the terms governing Your use of such Eclipse Code shall be as set forth above in the applicable Excluded Components or Separately Licensed Code section. 9. Limited use of Oracle component: - The Programs includes the following Oracle component: Content Access. You are authorized to use this component solely in conjunction with your authorized use of the Programs - The Programs includes Microsoft Visual Studio C++ runtime libraries ("C++ Software") and the following terms apply to this C++ Software. You may not use, reproduce, sublicense, modify, or dispose of the C++ Software, in whole or in part, except as expressly permitted in this license and as part of and embedded in the Program. You may not redistribute the C++ Software. 10. Limited use license of WebSphere Application Server (Application Server): The Program is accompanied by a portion of WebSphere Application Server product (Application Server). The Program includes the Application Server components on the following CD-ROMs and/or DVDs: - WebSphere Application Server - WebSphere Application Server Supplements a. For each Programs' server Proof of Entitlement (PoE), you are entitled to install and use, from the media provided with the Programs, one copy of each of the Application Server components required to support your licensed use of the Programs. b. You are responsible for complying with all licenses, agreements and copyright laws for third-party software that you use in conjunction with the Application Server. Nothing herein grants you any greater right than you may otherwise have to use third-party software not distributed with the Application Server. MULTIPLE COMPONENT VERSIONS: The media for the Application Server may include multiple versions of the same Application Server component, such as versions designed for different operating systems and versions translated into different languages. Each Proof of Entitlement for the Programs (whether Single Install, Single Processor, or Unit Test) authorizes you to use a single version of the Application Server. You are not authorized to use multiple versions of the same Application Server component under the same Proof Entitlement, even if multiple versions of a component are included on the media for the Application Server. UNLIMITED COPY COMPONENTS: In addition to the authorizations above, for each Proof of Entitlement for the Programs, you are authorized to install and use an unlimited number of copies of the following Application Server components on any of your machines to support your authorized use of the other components of the Application Server. You are entitled to warranty protection under the Agreement for each PoE you obtain for the IBM HTTP Server for WebSphere Application Server Component. - IBM HTTP Server - Admin Scripting - Administrative Console - Performance and Analysis Tools: Dynamic Cache Monitor, Tivoli Performance Viewer, Performance Servlet - WebServer Plugins - Application Client (including - WebServices Thin Client and Thin Admin Client) - Memory Dump Diagnostic for Java (MDD4J) RESTRICTED USE COMPONENTS: Your use of the following Application Server components are limited to the uses specified below in support of the other Application Server components. You may not use the following Application Server components for other purposes. CLOUDSCAPE COMPONENTS: You may use the IBM Cloudscape components solely for development, testing and evaluation of applications and for production use only as a data repository for data generated and managed by Application Server. Some examples of authorized production use include: (i) provide persistence of "HTTP Session Objects" using the "session persistence" component of the Application Server to support your authorized use of such component; (ii) provide a data repository for the UDDI Registry component of the Application Server to support your authorized use of such component; (iii) provide a data repository for the Scheduler and EJB Timer components of the Application Server to support your authorized use of such components; and (iv) provide a data repository for the messaging engine component of the Application Server to support your authorized use of such component. No IBM Cloudscape components may be used separately from the Application Server, or for any other purpose, or in support of any other programs. If you wish to license IBM Cloudscape for any use beyond the limits of this license, please contact an IBM sales representative to obtain the appropriate licenses. DATA DIRECT TECHNOLOGIES COMPONENTS: You are only authorized to install and use the Data Direct components of the Application Server to support your authorized use of the Application Server component. You may not use the Data Direct components for other purposes. INTEGRATED SOLUTIONS CONSOLE: The Application Server includes a version of the IBM Integrated Solutions Console (ISC) component. Unless otherwise stated in this LI, you are authorized to use the ISC component, its embedded components, and programming interfaces, only for the purposes of installation, configuration, management and administration of software programs. SOURCE CODE: Some of the components of the Application Server may be provided in source code form. Notwithstanding anything to the contrary in this Agreement, support is only provided for the unmodified, binary code versions of these components included in the Application Server packaging, and not for the source code for these components or for any modifications of such components you may create. SUPPORT INFORMATION: For information on non-IBM supported operating systems or other specific configurations and level of Application Server components you must have to acquire support for the Programs, please contact your IBM Sales Representative. 11. Limited use license of IBM LanguageWare components: a. The Program includes IBM 'LanguageWare' technology and components ("LW Code"), which You are authorized to install and use solely in association with Your licensed use of the Program. b. You are not authorized to use such LW Code for any other purpose, or to transfer or remarket any LW Code. Specifically, You are not authorized to use any LW Code feature directly and You may only use LW Code through the documented features, API's and tools provided by the Program. c. If You wish to license the LW Code for any use beyond the limits set forth above (including exploiting the entire feature and customization capabilities), please contact an IBM Sales Representative or the party from whom You acquired it to obtain the appropriate full licenses. D/N: L-RPAL-7GSNFJ P/N: L-RPAL-7GSNFJ