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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
-