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- Sample Program License Agreement
-
-
- BEFORE USING THESE DEVICE DRIVERS, (HEREINAFTER REFERRED TO AS THE
- PROGRAM), YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS.
- USING THE PROGRAM INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
-
- The PROGRAM is licensed not sold. IBM grants you a license for the
- PROGRAM only in the country where you acquired the PROGRAM. You obtain no
- rights other than those granted you under this license. The term "PROGRAM"
- means the original and all whole or partial copies of it, including
- modified copies or portions merged into other programs. IBM retains the
- title to the PROGRAM IBM owns or has licensed from the owner, copyrights in
- the PROGRAM. You are responsible for the selection of the PROGRAM and for
- the installation of, use of, and results obtained from, the PROGRAM.
-
- 1. License
-
- Under this license, you may:
-
- 1) use the PROGRAM only if you are a licensee of OS/2;
- 2) use the PROGRAM on only one machine at any one time;
- 3) copy the PROGRAM for backup or in order to modify it;
- 4) modify the PROGRAM and/or merge it into another program
- as an essential utilization of the PROGRAM in conjunction
- with your machine, and;
- 5) transfer the possession of the PROGRAM to another party.
-
- If you transfer the PROGRAM, you must transfer a copy of this license, all
- other documentation and at least one complete, unaltered copy of the
- PROGRAM to the other party. You must, at the same time, either transfer
- all you other copies of the PROGRAM to the other party or destroy them.
- Your license is then terminated. The other party agrees to these terms and
- conditions by its first use of the PROGRAM.
-
- You must reproduce the copyright notice(s) on each copy, or partial copy,
- of the PROGRAM.
-
- Under this license, you may not:
-
- 1) use the PROGRAM unless you are a licensee of OS/2;
- 2) use, copy, modify, merge, or transfer copies of the PROGRAM
- except as provided in this license;
- 3) reverse assemble or reverse compile the PROGRAM; or
- 4) sublicense, rent, lease, or assign the PROGRAM.
-
- 2. Warranty
-
- THIS PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY (OR CONDITION) OF ANY
- KIND. IBM DISCLAIMS ALL WARRANTIES (AND CONDITIONS) FOR THE PROGRAM,
- EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
- WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
-
- Some jurisdictions do not allow exclusions of implied warranties, so the
- above exclusions may not apply to you.
-
-
- 3. Limitation of Remedies
-
- IN NO EVENT WILL IBM BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS,
- INCIDENTAL OR INDIRECT DAMAGES OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES,
- EVEN IF IBM OR ITS AUTHORIZED SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY
- OF SUCH DAMAGES. IN ADDITION, IBM WILL NOT BE LIABLE FOR ANY DAMAGES
- CLAIMED BY YOU BASED ON ANY THIRD-PARTY CLAIM.
-
- The above limitations of remedies also applies to any developer or supplier
- of the PROGRAM. Such developer and/or supplier is an intended beneficiary
- of this Section.
-
- Some jurisdictions do not allow these limitations or exclusions, so they
- may not apply to you.
-
-
- 4. General
-
- You may terminate your license at any time. IBM may terminate your license
- if you fail to comply with the terms and conditions of this license. In
- either event, you must destroy all your copies of the PROGRAM.
-
- You are responsible for payment of any taxes, including personal property
- taxes, resulting from this license.
-
- Neither party may bring an action, regardless of form, more than two years
- after the cause of the action arose.
-
- If you acquire the PROGRAM in the United States, this license is governed
- by the laws of the State of New York. If you acquired the PROGRAM in
- Canada, this license is governed by the laws of the Province of Ontario.
- Otherwise, this license is governed by the laws of the country in which you
- acquired the PROGRAM.
-