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IPLAENG.TXT
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1999-11-02
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International License Agreement for Evaluation of 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 IBM.
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, nontransferable license to use
the Program.
You may 1) use the Program only for internal evaluation,
testing or demonstration purposes, on a trial or "try-and-buy"
basis and 2) make and install a reasonable number of copies of
the Program in support of such use, unless IBM identifies a
specific number of copies in the documentation accompanying the
Program. The terms of this license apply to each copy you make.
You will reproduce the copyright notice and any other legends
of ownership on each copy, or partial copy, of the Program.
THE PROGRAM MAY CONTAIN A DISABLING DEVICE THAT WILL PREVENT IT
FROM BEING USED UPON EXPIRATION OF THIS LICENSE. YOU WILL NOT
TAMPER WITH THIS DISABLING DEVICE OR THE PROGRAM. YOU SHOULD
TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT RESULT
WHEN THE PROGRAM CAN NO LONGER BE USED.
You will 1) maintain a record of all copies of the Program and
2) ensure that anyone who uses the Program does so only for
your authorized use and 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.
This license begins with your first use of the Program and ends
1) as of the duration or date specified in the documentation
accompanying the Program or 2) when the Program automatically
disables itself. Unless IBM specifies in the documentation
accompanying the Program that you may retain the Program (in
which case, an additional charge may apply), you will destroy
the Program and all copies made of it within ten days of when
this license ends.
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
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.
This 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.
3. Limitation of Liability
NEITHER IBM NOR ITS SUPPLIERS ARE 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.
4. 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 may not export the Program.
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.
There is no additional charge for use of the Program for the
duration of this license.
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 2):
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 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 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 2):
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 3):
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 4):
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 2):
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 3):
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 2):
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 3):
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.
UNITED KINGDOM:
Limitation of Liability (Section 3):
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.
Z125-5543-01 (10/97)
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: ViaVoice Standard 30 Day Trial
Program Number: 41L3606 - U.S. English
Program Number: 0772131 - U.K. English
Program Number: 0772132 - German
Program Number: 0772133 - Spanish
Program Number: 0772135 - Italian
Program Number: 0772134 - French
Program Number: 42L1406 - Japanese
Program Number: 42L1408 - Simplified Chinese
Program Number: 42L1407 - Traditional Chinese
Program Number: 41L3607 - Brazilian Portuguese
Authorization for Use on Home/Portable Computer: 1
Program Services End Date: 2001/01/31
Y2K Readiness: 2
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.
Program Services End Date:
The Program is warranted and program services will be
available until the end date specified above.
Year 2000 Readiness:
"1" means that this Program does not have date dependencies
and is therefore Year 2000 ready.
"2" means that this Program, when used in accordance with
its associated documentation, is capable of correctly
processing, providing and/or receiving date data within
and between the twentieth and twenty-first centuries,
provided that all products (for example, hardware, software,
and firmware) used with this IBM Program properly exchange
accurate date data with it.
Specified Operating Environment
The Program Specifications and Specified Operating
Environment information may be found in documentation
accompanying the Program such as the Installation/User's
Guide.
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.
Document Form Number: SC01-1999-00