Part 1 - General Terms PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING AND USING THE PROGRAM. IBM WILL ONLY LICENSE THE PROGRAM TO YOU IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST INDICATE YOUR AGREEMENT BY CLICKING ON THE APPROPRIATE BUTTON IN THE INSTALLATION PROCESS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR USE THE PROGRAM, AND YOU MUST END THE INSTALLATION PROCESS NOW. The program is owned by International Business Machines Corporation or one of its subsidiaries (IBM) or an IBM supplier, and is copyrighted and licensed, not sold. IBM grants you a nonexclusive license for the Program. If IBM grants you multiple licenses for the Program, the terms of this Agreement apply to each license. The term "Program" means the original program and all whole or partial copies of it, including portions merged into other programs. A Program consists of machine-readable instructions, audio/visual content (such images, text, recordings, or pictures), and related licensed materials. This Agreement includes Part 1 - General Terms and Part 2 - Country Unique Terms. The terms of Part 2 may replace or modify those of Part 1. 1. License Use of the Program You may use the Program on only one machine at any one time, except as otherwise stated in this section. You agree to 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. A Program is considered to be in use when it resides in memory or is otherwise stored on a machine. A Program stored on a network server solely for the purpose of being distributed to other machines is not considered to be in use. For a Program managed by a license management tool, copies may be made and stored on machines under control of that tool, but your use may not exceed the total number of users or amount of resource authorized. Certain Programs IBM designates for home or travel use may be stored on the primary and another machine, provided the Program is not in active use on both machines at the same time. You may copy the Program for backup and merge the Program into another program. You must reproduce the copyright notice and any other legend of ownership on each copy, or partial copy, of the Program. You may use any portion of the Program IBM marks restricted (for example, "Restricted Materials of IBM") only to resolve problems related to the use of the Program and modify the Program so that it will work together with other products. You may not: use, copy, merge, or transfer the Program except as provided in this Agreement; reverse assemble, reverse compile, or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver; or sublicense, rent or lease the Program. Transfer of Rights and Obligations You may transfer all your rights and obligations under a license for this Program to another party. To transfer such rights and obligations, you must transfer one complete, unaltered copy of the Program to the other party, together with this license and all other documentation that accompanied the Program. Your license is then terminated. 2. No Warranty SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PROGRAM OR MATERIAL. This exclusion also applies to any of IBM's subcontractors, suppliers or program developers (collectively called "Suppliers"). 3. Limitation of Liability NEITHER IBM NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF IBM IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. 4. General You will maintain a record of all copies of the Program or Material and ensure that anyone who uses the Program or Material (accessed either locally or remotely) does so only for your authorized use and complies with the terms of this Agreement. IBM will not provide program services or technical support, unless IBM specifies otherwise. IBM may terminate this license immediately if you fail to comply with the terms of this Agreement. If we do so, you must immediately destroy the Program and Material and all copies you made of it. Neither you nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control. You will not export the Program or Material. The laws of the country in which you acquired the Program or Material govern this Agreement, except in Australia, the laws of the State or Territory in which the transaction is performed govern this Agreement; in Central Europe and Russia, the laws of Austria govern this Agreement; in Estonia, Latvia, and Lithuania, the laws of Finland govern this Agreement; in Canada, the laws of the Province of Ontario govern this Agreement; and in the United States and Puerto Rico, and People's Republic of China, the laws of the State of New York govern this Agreement. License Agreement for IBM Serial Storage EXpert (StorX) Part 2 - Country Unique Terms ASIA PACIFIC AUSTRALIA: No Warranty (Section 2): The warranties specified this Section are in addition to any rights you may have under the Trade Practices Act or other legislation and are only limited to the extent permitted by the applicable legislation. Limitation of Liability (Section 3): The following paragraph is added to this Section: Where IBM is in breach of a condition or warranty implied by the Trade Practices Act 1974, IBM's liability is limited to: (a) where IBM supplied services, the cost of having the services supplied again; or (b) where IBM supplied goods, the repair or replacement of the goods, or the supply of equivalent goods. Where that condition or warranty relates to right to sell, quiet possession or clear title, or the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption, then none of the limitations in this paragraph apply. NEW ZEALAND: No Warranty (Section 2): The warranties specified in this Section are in addition to any rights you may have under the Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of any goods or services which we provide, if you require the goods and services for the purposes of a business as defined in the Act. Limitation of Liability (Section 3): The following paragraph should be added to this Section: Where products or services are not acquired for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this Section are subject to the limitations in the Act. EUROPE, MIDDLE EAST, AFRICA (EMEA) GERMANY: No Warranty (Section 2): The warranty for an IBM Program covers the functionality of the Program for its normal use. In case a Program is delivered without specifications, IBM will only warrant that the Program information correctly describes the Program and that the Program can be used according to the Program information. The minimum warranty period is six months. Limitation of Liability (Section 3): The limitations and exclusions specified in the Agreement will not apply to damages caused by us with intention or gross negligence. IBM is liable for assured characteristics. IRELAND: No Warranty (Section 2): Except as expressly provided in these terms and conditions, all statutory conditions, including all warranties implied, but without prejudice to the generality of the foregoing all warranties implied by the Sale of Goods Act 1893 or the Sale of Goods and Supply of Services Act 1980 are hereby excluded. ITALY: Limitation of Liability (Section 3): The clause is replaced by the following: Unless provided by mandatory law, IBM is not liable for any damages which might arise. UNITED KINGDOM: Limitation of Liability (Section 3): Add the following paragraph at the end of the first paragraph: The limitation of liability will not apply to any breach of IBM's obligations implied by Section 12 of the Sales of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982.