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- lccpn21_license.txt
-
- International License Agreement for Non-Warranted Programs
-
-
- Part 1 - General Terms
-
- PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. IBM
- WILL LICENSE THE PROGRAM TO YOU ONLY IF YOU FIRST ACCEPT THE TERMS OF
- THIS AGREEMENT. BY USING THE PROGRAM YOU AGREE TO THESE TERMS. IF YOU
- DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE
- UNUSED PROGRAM TO THE PARTY (EITHER IBM OR ITS RESELLER) FROM WHOM
- YOU ACQUIRED IT TO RECEIVE A REFUND OF THE AMOUNT YOU PAID.
-
- 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.
-
- The term "Program" means the original program and all whole or partial
- copies of it. A Program consists of machine-readable instructions, its
- components, data, audio-visual content (such as images, text,
- recordings, or pictures), and related licensed materials.
-
- This Agreement includes Part 1 - General Terms and Part 2 -
- Country-unique Terms and is the complete agreement regarding the use
- of this Program, and replaces any prior oral or written communications
- between you and IBM. The terms of Part 2 may replace or modify those
- of Part 1.
-
-
- 1. License
-
- Use of the Program
-
- IBM grants you a nonexclusive license to use the Program.
-
- You may 1) use the Program to the extent of authorizations you have
- acquired and 2) make and install copies to support the level of use
- authorized, providing you reproduce the copyright notice and any other
- legends of ownership on each copy, or partial copy, of the Program.
-
- If you acquire this Program as a program upgrade, your authorization
- to use the Program from which you upgraded is terminated.
-
- You will ensure that anyone who uses the Program does so only in
- compliance 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.
-
- Transfer of Rights and Obligations
-
- You may transfer all your license rights and obligations under a Proof
- of Entitlement for the Program to another party by transferring the
- Proof of Entitlement and a copy of this Agreement and all
- documentation. The transfer of your license rights and obligations
- terminates your authorization to use the Program under the Proof of
- Entitlement.
-
-
- 2. Proof of Entitlement
-
- The Proof of Entitlement for this Program is evidence of your
- authorization to use this Program and of your eligibility for future
- upgrade program prices (if announced) and potential special or
- promotional opportunities.
-
-
- 3. Charges and Taxes
-
- IBM defines use for the Program for charging purposes and specifies it
- in the Proof of Entitlement. Charges are based on extent of use
- authorized. If you wish to increase the extent of use, notify IBM or
- its reseller and pay any applicable charges. IBM does not give refunds
- or credits for charges already due or paid.
-
- If any authority imposes a duty, tax, levy or fee, excluding those
- based on IBM's net income, upon the Program supplied by IBM under this
- Agreement, then you agree to pay that amount as IBM specifies or
- supply exemption documentation.
-
-
- 4. No Warranty
-
- SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT 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 TECHNICAL SUPPORT, IF ANY. IBM MAKES NO
- WARRANTY REGARDING THE CAPABILITY OF THE PROGRAM TO CORRECTLY PROCESS,
- PROVIDE AND/OR RECEIVE DATE DATA WITHIN AND BETWEEN THE 20TH AND 21ST
- CENTURIES.
-
- The exclusion also applies to any of IBM's subcontractors, suppliers,
- or program developers (collectively called "Suppliers").
-
- Manufacturers, suppliers, or publishers of non-IBM Programs may
- provide their own warranties.
-
-
- 5. Limitation of Liability
-
- NEITHER IBM NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR
- INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST
- SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL
- DAMAGES, EVEN IF IBM IS INFORMED OF THEIR POSSIBILITY. SOME
- JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
- OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY
- NOT APPLY TO YOU.
-
-
- 6. General
-
- Nothing in this Agreement affects any statutory rights of consumers
- that cannot be waived or limited by contract.
-
- IBM may terminate your license if you fail to comply with the terms of
- this Agreement. If IBM does so, you must immediately destroy the
- Program and all copies you made of it.
-
- You agree to comply with applicable export laws and regulations.
-
- 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.
-
- Neither you nor IBM is responsible for failure to fulfill any
- obligations due to causes beyond its control.
-
- IBM does not provide program services or technical support, unless IBM
- specifies otherwise.
-
- The laws of the country in which you acquire the Program govern this
- Agreement, except 1) in Australia, the laws of the State or Territory
- in which the transaction is performed govern this Agreement; 2) in
- Albania, Armenia, Belarus, Bosnia/Herzegovina, Bulgaria, Croatia,
- Czech Republic, Georgia, Hungary, Kazakhstan, Kirghizia, Former
- Yugoslav Republic of Macedonia (FYROM), Moldova, Poland, Romania,
- Russia, Slovak Republic, Slovenia, Ukraine, and Federal Republic of
- Yugoslavia, the laws of Austria govern this Agreement; 3) in the
- United Kingdom, all disputes relating to this Agreement will be
- governed by English Law and will be submitted to the exclusive
- jurisdiction of the English courts; 4) in Canada, the laws in the
- Province of Ontario govern this Agreement; and 5) in the United States
- and Puerto Rico, and People's Republic of China, the laws of the State
- of New York govern this Agreement.
-
-
-
- Part 2 - Country-unique Terms
-
-
- AUSTRALIA:
-
- No Warranty (Section 4):
-
- The following paragraph is added to this Section:
-
- Although IBM specifies that there are no warranties, you may have
- certain rights 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 5):
-
- 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 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.
-
-
- GERMANY:
-
- No Warranty (Section 4):
-
- The following paragraphs are added to this Section:
-
- The minimum warranty period for Programs is six months.
-
- In case a Program is delivered without Specifications, we will only
- warrant that the Program information correctly describes the Program
- and that the Program can be used according to the Program information.
- You have to check the usability according to the Program information
- within the "money-back guaranty" period.
-
- Limitation of Liability (Section 5):
-
- The following paragraph is added to this Section:
-
- The limitations and exclusions specified in the Agreement will not
- apply to damages caused by IBM with fraud or gross negligence, and for
- express warranty.
-
-
- INDIA:
-
- General (Section 6):
-
- The following replaces the fourth paragraph of this Section:
-
- If no suit or other legal action is brought, within two 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.
-
-
- IRELAND:
-
- No Warranty (Section 4):
-
- The following paragraph 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.
-
-
- ITALY:
-
- Limitation of Liability (Section 5):
-
- This Section is replaced by the following:
-
- Unless otherwise provided by mandatory law, IBM is not liable for any
- damages which might arise.
-
-
- NEW ZEALAND:
-
- No Warranty (Section 4):
-
- The following paragraph is added to this Section:
-
- Although IBM specifies that there are no warranties, you may have
- certain rights 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 IBM provides, if you require the goods and services for the
- purposes of a business as defined in that Act.
-
- Limitation of Liability (Section 5):
-
- The following paragraph is added to this Section:
-
- 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 3):
-
- The following paragraph is added to the Section:
-
- 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.
-
-
- UNITED KINGDOM:
-
- Limitation of Liability (Section 5):
-
- The following paragraph is added to this Section 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.
-
-
- Z125-5589-01 (10/97)
-
-
-
- LICENSE INFORMATION
-
- The Programs listed below are licensed under the following terms and
- conditions in addition to those of the International License Agreement
- for Non-Warranted Programs.
-
- Program Name: Lotus C++ API Toolkit for Notes/Domino
- Program Number: C55SVNA
- 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.
-
- Money-back Guarantee
-
- If for any reason you are dissatisfied with the Program, return it
- within 30 days from the invoice date, to the party (either IBM or its
- reseller) from whom you acquired it, for a refund. This applies only
- to your first acquisition of the Program.
-
- 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.
-
- Redistribution Information
-
- The files/modules listed below or located in the directory named
- below, may be copied onto your media, in object code only, when your
- application is dependent upon them, subject to the following terms and
- conditions.
-
- You agree:
-
- 1) that copies of these modules are provided 'AS IS'. You are
- responsible for all technical assistance for your application;
- 2) to indemnify IBM from and against any third party claim arising out
- of the use or distribution of your application;
- 3) not to use IBM's name or trademarks in connection with the
- marketing of your applications without IBM's prior written consent;
- 4) to prohibit the recipient from copying (except for backup
- purposes), reverse assembling, reverse compiling, or otherwise
- translating the application; and
- 5) not to use the same path name as the original files/modules.
-
- You may redistribute the shared library files that are contained in
- the Lotus C++ API Toolkit for Notes/Domino that are required by your
- application. The shared library files are located in
- platform-specific subdirectories of the lib directory of the Lotus C++
- API Toolkit for Notes/Domino, and have one of the following filename
- extensions: .dll, .a, .so, or .sl.
-
- Your application containing a copy of the above referenced
- files/modules must be labeled as follows:
-
- "CONTAINS
-
- Lotus C++ API Toolkit for Notes/Domino
-
- Runtime Modules
- (c) Copyright IBM Corporation 2004
- All Rights Reserved"
-
- U.S. Government Users Restricted Rights
-
- U.S. Government Users Restricted Rights - Use, duplication, or
- disclosure restricted by the GSA ADP Schedule Contract with the IBM
- Corporation.
-
- D/N: L-JASH-5A4R8M
- P/N: L-JASH-5A4R8M
-