IMPORTANT: READ CAREFULLY Two license agreements are presented below. 1. IBM International License Agreement for Evaluation of Programs 2. IBM International Program License Agreement If you are obtaining the Program for purposes of productive use (other than evaluation, testing, trial "try or buy," or demonstration): By clicking on the "Accept" button below, You accept the IBM International Program License Agreement, without modification. If you are obtaining the Program for the purpose of evaluation, testing, trial "try or buy," or demonstration (collectively, an "Evaluation"): By clicking on the "Accept" button below, You accept both (i) the IBM International License Agreement for Evaluation of Programs (the "Evaluation License"), without modification; and (ii) the IBM International Program License Agreement (the "IPLA"), without modification. The Evaluation License will apply during the term of Your Evaluation. The IPLA will automatically apply if You elect to retain the Program after the Evaluation (or obtain additional copies of the Program for use after the Evaluation) by entering into a procurement agreement (e.g., the IBM International Passport Advantage or the IBM Passport Advantage Express agreements). The Evaluation License and the IPLA are not in effect concurrently; neither modifies the other; and each is independent of the other. The complete text of each of these two license agreements follow. International License Agreement for Evaluation of Programs Part 1 - General Terms BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE PROGRAM YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, - DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE PROGRAM; AND - PROMPTLY RETURN THE PROGRAM TO THE PARTY FROM WHOM YOU ACQUIRED IT. IF YOU DOWNLOADED THE PROGRAM, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT. "IBM" is International Business Machines Corporation or one of its subsidiaries. "License Information" ("LI") is a document that provides information specific to a Program. The Program's LI is available in a file in the Program's directory, by the use of a system command, or as a booklet which accompanies the Program. The LI may also be found at http://www.ibm.com/software/sla/ . "Program" is the following, including the original and all whole or partial copies: 1) machine-readable instructions and data, 2) components, 3) audio-visual content (such as images, text, recordings, or pictures), 4) related licensed materials, and 5) license use documents or keys, and documentation. "You" and "Your" refer either to an individual person or to a single legal entity. This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms (if any), and License Information and is the complete agreement between You and IBM regarding the use of the Program. It replaces any prior oral or written communications between You and IBM concerning Your use of the Program. The terms of Part 2 and License Information may replace or modify those of Part 1. 1. Entitlement License The Program is owned by IBM or an IBM supplier, and is copyrighted and licensed, not sold. IBM grants You a nonexclusive license to use the Program when You lawfully acquire it. 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, including a backup copy, of the Program to support such use. The terms of this license apply to each copy You make. You will reproduce all copyright notices and all 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 AFTER THE EVALUATION PERIOD ENDS. 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 (accessed either locally or remotely) does so only for Your authorized use and complies 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. The evaluation period begins when You agree to the terms of this Agreement and ends 1) as of the duration or date specified in the License Information, or 2) when the Program automatically disables itself. There is no charge for the use of the Program for the duration of the evaluation period. Unless IBM specifies in the License Information that You may retain the Program, You will destroy the Program and all copies made of it within ten days of the end of the evaluation period. If IBM specifies that You may retain the Program, and You elect to do so, the Program will be then subject to a different license agreement, that will be provided to You at that time. In addition, a charge may apply. IBM may terminate Your license if You fail to comply with the terms of this Agreement. If IBM does so, You must destroy all copies of the Program. 2. No Warranty SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE PROGRAM OR TECHNICAL SUPPORT, IF ANY. The exclusion also applies to any of IBM's Program developers and suppliers. Manufacturers, suppliers, or publishers of non-IBM Programs may provide their own warranties. IBM does not provide technical support, unless IBM specifies otherwise. 3. Limitation of Liability Circumstances may arise where, because of a default on IBM's part or other liability, You are entitled to recover damages from IBM. In each such instance, regardless of the basis on which You may be entitled to claim damages from IBM, (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM is liable for no more than 1) damages for bodily injury (including death) and damage to real property and tangible personal property and 2) the amount of any other actual direct damages up to the charges for the Program that is the subject of the claim. This limitation of liability also applies to IBM's Program developers and suppliers. It is the maximum for which they and IBM are collectively responsible. UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1. LOSS OF, OR DAMAGE TO, DATA; 2. SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR 3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 4. General 1. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract. 2. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect. 3. You may not export the Program. 4. You agree to allow IBM to store and use Your contact information, including names, phone numbers, and e-mail addresses, anywhere they do business. Such information will be processed and used in connection with our business relationship, and may be provided to contractors, Business Partners, and assignees of IBM for uses consistent with their collective business activities, including communicating with You (for example, for processing orders, for promotions, and for market research). 5. 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. 6. Neither You nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control. 7. This Agreement will not create any right or cause of action for any third party, nor will IBM be responsible for any third party claims against You except, as permitted by the Limitation of Liability section above, for bodily injury (including death) or damage to real or tangible personal property for which IBM is legally liable. 5. Governing Law, Jurisdiction, and Arbitration Governing Law Both You and IBM consent to the application of the laws of the country in which You acquired the Program license to govern, interpret, and enforce all of Your and IBM's rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Jurisdiction All of our rights, duties, and obligations are subject to the courts of the country in which You acquired the Program license. Part 2 - Country-unique Terms AMERICAS ARGENTINA: Governing Law, Jurisdiction, and Arbitration (Section 5): The following exception is added to this section: Any litigation arising from this Agreement will be settled exclusively by the Ordinary Commercial Court of the city of Buenos Aires. BRAZIL: Governing Law, Jurisdiction, and Arbitration (Section 5): The following exception is added to this section: Any litigation arising from this Agreement will be settled exclusively by the court of Rio de Janeiro, RJ. CANADA: Limitation of Liability (Section 3): The following replaces item 1 in the first paragraph of this section: 1) damages for bodily injury (including death) and physical harm to real property and tangible personal property caused by IBM's negligence; and General (Section 4): The following replaces the terms in item 7: 7. This Agreement will not create any right or cause of action for any third party, nor will IBM be responsible for any third party claims against You except as permitted by the Limitation of Liability section above for bodily injury (including death) or physical harm to real or tangible personal property caused by IBM's negligence for which IBM is legally liable. Governing Law, Jurisdiction, and Arbitration (Section 5): The phrase "the laws of the country in which You acquired the Program license" in the Governing Law subsection is replaced by the following: the laws in the Province of Ontario PERU: Limitation of Liability (Section 3): The following is added at the end of this section: In accordance with Article 1328 of the Peruvian Civil Code, the limitations and exclusions specified in this section will not apply to damages caused by IBM's willful misconduct ("dolo") or gross negligence ("culpa inexcusable"). UNITED STATES OF AMERICA: General (Section 4): The following is added to this section: U.S. Government Users Restricted Rights - Use, duplication or disclosure restricted by the GSA ADP Schedule Contract with the IBM Corporation. Governing Law, Jurisdiction, and Arbitration (Section 5): The phrase "the laws of the country in which You acquired the Program license" in the Governing Law subsection is replaced by the following: the laws of the State of New York, United States of America ASIA PACIFIC AUSTRALIA: No Warranty (Section 2): The following is added: 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 is added: 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. Governing Law, Jurisdiction, and Arbitration (Section 5): The phrase "the laws of the country in which You acquired the Program license" in the Governing Law subsection is replaced by the following: the laws of the State or Territory in which You acquired the Program license CAMBODIA, LAOS, and VIETNAM: Governing Law, Jurisdiction, and Arbitration (Section 5): The phrase "the laws of the country in which You acquired the Program license" in the Governing Law subsection is replaced by the following: the laws of the State of New York, United States of America The following is added to this section: Arbitration Disputes arising out of or in connection with this Agreement shall be finally settled by arbitration which shall be held in Singapore in accordance with the Arbitration Rules of Singapore International Arbitration Center ("SIAC Rules") then in effect. The arbitration award shall be final and binding for the parties without appeal and shall be in writing and set forth the findings of fact and the conclusions of law. The number of arbitrators shall be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties shall appoint a third arbitrator who shall act as chairman of the proceedings. Vacancies in the post of chairman shall be filled by the president of the SIAC. Other vacancies shall be filled by the respective nominating party. Proceedings shall continue from the stage they were at when the vacancy occurred. If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the first appointed arbitrator shall be the sole arbitrator, provided that the arbitrator was validly and properly appointed. All proceedings shall be conducted, including all documents presented in such proceedings, in the English language. The English language version of this Agreement prevails over any other language version. HONG KONG S.A.R. and MACAU S.A.R. of China: Governing Law, Jurisdiction, and Arbitration (Section 5): The phrase "the laws of the country in which You acquired the Program license" in the Governing Law subsection is replaced by the following: the laws of Hong Kong Special Administrative Region of China INDIA: Limitation of Liability (Section 3): The following replaces the terms of items 1 and 2 of the first paragraph: 1) liability for bodily injury (including death) or damage to real property and tangible personal property will be limited to that caused by IBM's negligence; and 2) as to any other actual damage arising in any situation involving nonperformance by IBM pursuant to, or in any way related to the subject of this Agreement, IBM's liability will be limited to the charge paid by You for the individual Program that is the subject of the claim. General (Section 4): The following replaces the terms of item 5: If no suit or other legal action is brought, within three 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. Governing Law, Jurisdiction, and Arbitration (Section 5): The following is added to this section: Arbitration Disputes arising out of or in connection with this Agreement shall be finally settled by arbitration which shall be held in Bangalore, India in accordance with the laws of India then in effect. The arbitration award shall be final and binding for the parties without appeal and shall be in writing and set forth the findings of fact and the conclusions of law. The number of arbitrators shall be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties shall appoint a third arbitrator who shall act as chairman of the proceedings. Vacancies in the post of chairman shall be filled by the president of the Bar Council of India. Other vacancies shall be filled by the respective nominating party. Proceedings shall continue from the stage they were at when the vacancy occurred. If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the first appointed arbitrator shall be the sole arbitrator, provided that the arbitrator was validly and properly appointed. All proceedings shall be conducted, including all documents presented in such proceedings, in the English language. The English language version of this Agreement prevails over any other language version. JAPAN: General (Section 4): The following is inserted after item 5: Any doubts concerning this Agreement will be initially resolved between us in good faith and in accordance with the principle of mutual trust. MALAYSIA: Limitation of Liability (Section 3): The word "SPECIAL" in item 2 of the third paragraph is deleted: NEW ZEALAND: No Warranty (Section 2): The following is added: 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 which IBM provides, if You require the goods for the purposes of a business as defined in that Act. Limitation of Liability (Section 3): The following is added: 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: Governing Law, Jurisdiction, and Arbitration (Section 5): The phrase "the laws of the country in which You acquired the Program license" in the Governing Law subsection is replaced by the following: the laws of the State of New York, United States of America (except when local law requires otherwise) PHILIPPINES: Limitation of Liability (Section 3): The following replaces the terms of item 2 of the third paragraph: 2. special (including nominal and exemplary damages), moral, incidental, or indirect damages or for any economic consequential damages; or Governing Law, Jurisdiction, and Arbitration (Section 5): The following is added to this section: Arbitration Disputes arising out of or in connection with this Agreement shall be finally settled by arbitration which shall be held in Metro Manila, Philippines in accordance with the laws of the Philippines then in effect. The arbitration award shall be final and binding for the parties without appeal and shall be in writing and set forth the findings of fact and the conclusions of law. The number of arbitrators shall be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties shall appoint a third arbitrator who shall act as chairman of the proceedings. Vacancies in the post of chairman shall be filled by the president of the Philippine Dispute Resolution Center, Inc. Other vacancies shall be filled by the respective nominating party. Proceedings shall continue from the stage they were at when the vacancy occurred. If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the first appointed arbitrator shall be the sole arbitrator, provided that the arbitrator was validly and properly appointed. All proceedings shall be conducted, including all documents presented in such proceedings, in the English language. The English language version of this Agreement prevails over any other language version. SINGAPORE: Limitation of Liability (Section 3): The words "SPECIAL" and "ECONOMIC" are deleted from item 2 of the third paragraph. General (Section 4): The following replaces the terms of item 7: Subject to the rights provided to IBM's suppliers and Program developers as provided in Section 4 above (Limitation of Liability), a person who is not a party to this Agreement shall have no right under the Contracts (Right of Third Parties) Act to enforce any of its terms. EUROPE, MIDDLE EAST, AFRICA (EMEA) No Warranty (Section 2): In the European Union, the following is added at the beginning of this section: In the European Union, consumers have legal rights under applicable national legislation governing the sale of consumer goods. Such rights are not affected by the provisions of this Section 3. Limitation of Liability (Section 3): In Austria, Denmark, Finland, Greece, Italy, Netherlands, Norway, Portugal, Spain, Sweden and Switzerland, the following replaces the terms of this section in its entirety: Except as otherwise provided by mandatory law: 1. IBM's liability for any damages and losses that may arise as a consequence of the fulfillment of its obligations under or in connection with this agreement or due to any other cause related to this agreement is limited to the compensation of only those damages and losses proved and actually arising as an immediate and direct consequence of the non-fulfillment of such obligations (if IBM is at fault) or of such cause, for a maximum amount equal to the charges You paid for the Program. The above limitation shall not apply to damages for bodily injuries (including death) and damages to real property and tangible personal property for which IBM is legally liable. 2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM DEVELOPERS, LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. 3. The limitation and exclusion of liability herein agreed applies not only to the activities performed by IBM but also to the activities performed by its suppliers and Program developers, and represents the maximum amount for which IBM as well as its suppliers and Program developers, are collectively responsible. Limitation of Liability (Section 3): In France and Belgium, the following replaces the terms of this section in its entirety: Except as otherwise provided by mandatory law: 1. IBM's liability for any damages and losses that may arise as a consequence of the fulfillment of its obligations under or in connection with this agreement is limited to the compensation of only those damages and losses proved and actually arising as an immediate and direct consequence of the non-fulfillment of such obligations (if IBM is at fault), for a maximum amount equal to the charges You paid for the Program that has caused the damages. The above limitation shall not apply to damages for bodily injuries (including death) and damages to real property and tangible personal property for which IBM is legally liable. 2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM DEVELOPERS, LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. 3. The limitation and exclusion of liability herein agreed applies not only to the activities performed by IBM but also to the activities performed by its suppliers and Program developers, and represents the maximum amount for which IBM as well as its suppliers and Program developers, are collectively responsible. Governing Law, Jurisdiction, and Arbitration (Section 5) Governing Law The phrase "the laws of the country in which You acquired the Program license" is replaced by: 1) "the laws of Austria" in Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, FYR Macedonia, Moldavia, Poland, Romania, Russia, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and FR Yugoslavia; 2) "the laws of France" in Algeria, Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis & Futuna; 3) "the laws of Finland" in Estonia, Latvia, and Lithuania; 4) "the laws of England" in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe; and 5) "the laws of South Africa" in South Africa, Namibia, Lesotho and Swaziland. Jurisdiction The following exceptions are added to this section: 1) In Austria the choice of jurisdiction for all disputes arising out of this Agreement and relating thereto, including its existence, will be the competent court of law in Vienna, Austria (Inner-City); 2) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, West Bank/Gaza, Yemen, Zambia, and Zimbabwe all disputes arising out of this Agreement or related to its execution, including summary proceedings, will be submitted to the exclusive jurisdiction of the English courts; 3) in Belgium and Luxembourg, for all disputes arising out of this Agreement or related to its interpretation or its execution, only the law and the courts of the capital of the country in which Your registered office and/or commercial office is located are competent; 4) in France, Algeria, Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis & Futuna all disputes arising out of this Agreement or related to its violation or execution, including summary proceedings, will be settled exclusively by the Commercial Court of Paris; 5) in Russia all disputes arising out of or in relation to the interpretation, the violation, the termination, the nullity of the execution of this Agreement shall be settled by Arbitration Court of Moscow; 6) in South Africa, Namibia, Lesotho and Swaziland both of us agree to submit all disputes relating to this Agreement to the jurisdiction of the High Court in Johannesburg; 7) in Turkey all disputes arising out of or in connection with this Agreement shall be resolved by the Istanbul Central (Sultanahmet) Courts and Execution Directorates of Istanbul, the Republic of Turkey; 8) in each of the following specified countries, any legal claim arising out of this Agreement will be brought before, and settled exclusively by, the competent court of a) Athens for Greece, b) Tel Aviv-Jaffa for Israel, c) Milan for Italy, d) Lisbon for Portugal, and e) Madrid for Spain; and 9) in the United Kingdom both of us agree to submit all disputes relating to this Agreement to the jurisdiction of the English courts. Arbitration In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, FYR Macedonia, Moldavia, Poland, Romania, Russia, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and FR Yugoslavia all disputes arising out of this Agreement or related to its violation, termination or nullity will be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Center of the Federal Economic Chamber in Vienna (Vienna Rules) by three arbitrators appointed in accordance with these rules. The arbitration will be held in Vienna, Austria, and the official language of the proceedings will be English. The decision of the arbitrators will be final and binding upon both parties. Therefore, pursuant to paragraph 598 (2) of the Austrian Code of Civil Procedure, the parties expressly waive the application of paragraph 595 (1) figure 7 of the Code. IBM may, however, institute proceedings in a competent court in the country of instal lation. In Estonia, Latvia and Lithuania all disputes arising in connection with this Agreement will be finally settled in arbitration that will be held in Helsinki, Finland in accordance with the arbitration laws of Finland then in effect. Each party will appoint one arbitrator. The arbitrators will then jointly appoint the chairman. If arbitrators cannot agree on the chairman, then the Central Chamber of Commerce in Helsinki will appoint the chairman. AUSTRIA: General (Section 4): The following is added to item 4: For purposes of this clause, contact information will also include information about You as a legal entity, for example revenue data and other transactional information. GERMANY: Limitation of Liability (Section 3): The following paragraph is added to this Section: The limitations and exclusions specified in this Section will not apply to damages caused by IBM intentionally or by gross negligence. General (Section 4): The following replaces the terms of item 5: Any claims resulting from this Agreement are subject to a statute of limitation of three years. HUNGARY: Limitation of Liability (Section 3): The following is added at the end of this section: The limitation and exclusion specified herein shall not apply to liability for a breach of contract damaging life, physical well-being, or health that has been caused intentionally, by gross negligence, or by a criminal act. The parties accept the limitations of liability as valid provisions and state that the Section 314.(2) of the Hungarian Civil Code applies as the acquisition price as well as other advantages arising out of the present Agreement balance this limitation of liability. IRELAND: No Warranty (Section 2): The following is added to this section: Except as expressly provided in these terms and conditions, or section 12 of the Sale of Goods Act 1893 (as amended by the Sale of Goods and Supply of Services Act 1980 ("the 1980 Act")), all conditions and warranties (express or implied, statutory or otherwise) are hereby excluded including, without limitation, any warranties implied by the Sale of Goods Act 1893 as amended by the 1980 Act (including, for the avoidance of doubt, section 39 of the 1980 Act). Limitation of Liability (Section 3): The following replaces the terms of this section in its entirety: For the purposes of this section, a "Default" means any act, statement, omission, or negligence on the part of IBM in connection with, or in relation to, the subject matter of an Agreement in respect of which IBM is legally liable to You whether in contract or tort. A number of Defaults which together result in, or contribute to, substantially the same loss or damage will be treated as one Default occurring on the date of occurrence of the last such Default. Circumstances may arise where, because of a Default, You are entitled to recover damages from IBM. This section sets out the extent of IBM's liability and Your sole remedy. 1. IBM will accept unlimited liability for (a) death or personal injury caused by the negligence of IBM, and (b) subject always to the Items for Which IBM is Not Liable below, for physical damage to Your tangible property resulting from the negligence of IBM. 2. Except as provided in item 1 above, IBM's entire liability for actual damages for any one Default will not in any event exceed the greater of 1) EUR 125,000, or 2) 125 percent of the amount You paid for the Program directly relating to the Default. These limits also apply to any of IBM's suppliers and Program developers. They state the maximum for which IBM and such suppliers and Program developers are collectively responsible. Items for Which IBM is Not Liable Save with respect to any liability referred to in item 1 above, under no circumstances is IBM or any of its suppliers or Program developers liable for any of the following, even if IBM or they were informed of the possibility of such losses: 1. loss of, or damage to, data; 2. special, indirect, or consequential loss; or 3. loss of profits, business, revenue, goodwill, or anticipated savings. ITALY: General (Section 4): The following is added to this section: IBM and Customer (hereinafter, individually, "Party") shall comply with all the obligations of the applicable provisions of law and/or regulation on personal data protection. Each of the Parties will indemnify and keep the other Party harmless from any damage, claim, cost or expense incurred by the latter, directly and or indirectly, as a consequence of an infringement of the other Party of the mentioned provisions of law and/or regulations. SLOVAKIA: Limitation of Liability (Section 3): The following is added to the end of the last paragraph: The limitations apply to the extent they are not prohibited under Sections 373-386 of the Slovak Commercial Code. General (Section 4): The terms of item 5 are replaced with the following: THE PARTIES AGREE THAT, AS DEFINED BY APPLICABLE LOCAL LAW, ANY LEGAL OR OTHER ACTION RELATED TO A BREACH OF THIS AGREEMENT MUST BE COMMENCED NO LATER THAN FOUR YEARS FROM THE DATE ON WHICH THE CAUSE OF ACTION AROSE. SWITZERLAND: General (Section 4): The following is added to item 4: For purposes of this clause, contact information will also include information about You as a legal entity, for example revenue data and other transactional information. UNITED KINGDOM: No Warranty (Section 2): The following replaces the first sentence in the first paragraph of this section: SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE EXCLUDED, IBM MAKES NO WARRANTY OR CONDITION EITHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE PROGRAM. Limitation of Liability (Section 3): The following replaces the terms of this section in its entirety: For the purposes of this section, a "Default" means any act, statement, omission, or negligence on the part of IBM in connection with, or in relation to, the subject matter of an Agreement in respect of which IBM is legally liable to You, whether in contract or tort. A number of Defaults which together result in, or contribute to, substantially the same loss or damage will be treated as one Default. Circumstances may arise where, because of a Default, You are entitled to recover damages from IBM. This section sets out the extent of IBM's liability and Your sole remedy. 1. IBM will accept unlimited liability for: a. death or personal injury caused by the negligence of IBM; b. any breach of its obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982, or any statutory modification or re-enactment of either such Section; and c. subject always to the Items for Which IBM is Not Liable below, for physical damage to Your tangible property resulting from the negligence of IBM. 2. IBM's entire liability for actual damages for any one Default will not in any event, except as provided in item 1 above, exceed the greater of 1) Pounds Sterling 75,000, or 2) 125 percent of the amount You paid for the Program directly relating to the Default. These limits also apply to IBM's suppliers and Program developers. They state the maximum for which IBM and such suppliers and Program developers are collectively responsible. Items for Which IBM is Not Liable Save with respect to any liability referred to in item 1 above, under no circumstances is IBM or any of its suppliers or Program developers liable for any of the following, even if IBM or they were informed of the possibility of such losses: 1. loss of, or damage to, data; 2. special, indirect, or consequential loss; or 3. loss of profits, business, revenue, goodwill, or anticipated savings. Z125-5543-03 (07/2008) International Program License Agreement Part 1 - General Terms BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE PROGRAM YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, - DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE PROGRAM; AND - PROMPTLY RETURN THE PROGRAM AND PROOF OF ENTITLEMENT TO THE PARTY FROM WHOM YOU ACQUIRED IT TO OBTAIN A REFUND OF THE AMOUNT YOU PAID. IF YOU DOWNLOADED THE PROGRAM, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT. "IBM" is International Business Machines Corporation or one of its subsidiaries. "License Information" ("LI") is a document that provides information specific to a Program. The Program's LI is available at http://www.ibm.com/software/sla/ . The LI may also be found in a file in the Program's directory, by the use of a system command, or as a booklet which accompanies the Program. "Program" is the following, including the original and all whole or partial copies: 1) machine-readable instructions and data, 2) components, 3) audio-visual content (such as images, text, recordings, or pictures), 4) related licensed materials, and 5) license use documents or keys, and documentation. A "Proof of Entitlement" ("PoE") is evidence of Your authorization to use a Program at a specified level. That level may be measured, for example, by the number of processors or users. The PoE is also evidence of Your eligibility for warranty, future upgrade prices, if any, and potential special or promotional opportunities. If IBM does not provide You with a PoE, then IBM may accept the original paid sales receipt or other sales record from the party (either IBM or its reseller) from whom You acquired the Program, provided that it specifies the name of the Program and the usage level acquired. "You" and "Your" refer either to an individual person or to a single legal entity. This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms (if any), License Information, and Proof of Entitlement and is the complete agreement between You and IBM regarding the use of the Program. It replaces any prior oral or written communications between You and IBM concerning Your use of the Program. The terms of Part 2 and License Information may replace or modify those of Part 1. To the extent there is a conflict between the terms of this Agreement and those of the IBM International Passport Advantage Agreement, the terms of the latter agreement prevail. 1. Entitlement License The Program is owned by IBM or an IBM supplier, and is copyrighted and licensed, not sold. IBM grants You a nonexclusive license to use the Program when You lawfully acquire it. You may 1) use the Program up to the level of use specified in the PoE and 2) make and install copies, including a backup copy, to support such use. The terms of this license apply to each copy You make. You will reproduce all copyright notices and all other legends of ownership on each copy, or partial copy, of the Program. If You acquire the Program as a program upgrade, after You install the upgrade You may not use the Program from which You upgraded or transfer it to another party. You will 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. 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. IBM may terminate Your license if You fail to comply with the terms of this Agreement. If IBM does so, You must destroy all copies of the Program and its PoE. Money-back Guarantee If for any reason You are dissatisfied with the Program and You are the original licensee, You may obtain a refund of the amount You paid for it, if within 30 days of Your invoice date You return the Program and its PoE to the party from whom You obtained it. If You downloaded the Program, You may contact the party from whom You acquired it for instructions on how to obtain the refund. Program Transfer You may transfer a Program and all of Your license rights and obligations to another party only if that party agrees to the terms of this Agreement. When You transfer the Program, You must also transfer a copy of this Agreement, including the Program's PoE. After the transfer, You may not use the Program. 2. Charges The amount payable for a Program license is a one-time charge. One-time charges are based on the level of use acquired which is specified in the PoE. IBM does not give credits or refunds for charges already due or paid, except as specified elsewhere in this Agreement. If You wish to increase the level of use, notify IBM or the party from whom You acquired it and pay any applicable charges. If any authority imposes a duty, tax, levy or fee, excluding those based on IBM's net income, upon the Program, then You agree to pay the amount specified or supply exemption documentation. You are responsible for any personal property taxes for the Program from the date that You acquire it. 3. Limited Warranty IBM warrants that when the Program is used in the specified operating environment it will conform to its specifications. The warranty applies only to the unmodified portion of the Program. IBM does not warrant uninterrupted or error-free operation of the Program or that IBM will correct all Program defects. You are responsible for the results obtained from the use of the Program. IBM provides You with access to IBM databases containing information on known Program defects, defect corrections, restrictions, and bypasses at no additional charge. Consult the IBM Software Support Guide for further information at http://www.ibm.com/software/support . IBM will maintain this information for at least one year after the original licensee acquires the Program ("Warranty Period"). If the Program does not function as warranted during the Warranty Period and the problem cannot be resolved with information available in the IBM databases, You may return the Program and its PoE to the party (either IBM or its reseller) from whom You acquired it and receive a refund in the amount You paid. If You downloaded the Program, You may contact the party from whom You acquired it for instructions on how to obtain the refund. THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION. 4. Limitation of Liability Circumstances may arise where, because of a default on IBM's part or other liability, You are entitled to recover damages from IBM. In each such instance, regardless of the basis on which You may be entitled to claim damages from IBM, (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM is liable for no more than 1) damages for bodily injury (including death) and damage to real property and tangible personal property and 2) the amount of any other actual direct damages up to the charges for the Program that is the subject of the claim. This limitation of liability also applies to IBM's Program developers and suppliers. It is the maximum for which they and IBM are collectively responsible. UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1. LOSS OF, OR DAMAGE TO, DATA; 2. SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR 3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 5. General 1. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract. 2. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect. 3. You agree to comply with all applicable export and import laws and regulations. 4. You agree to allow IBM to store and use Your contact information, including names, phone numbers, and e-mail addresses, anywhere they do business. Such information will be processed and used in connection with our business relationship, and may be provided to contractors, Business Partners, and assignees of IBM for uses consistent with their collective business activities, including communicating with You (for example, for processing orders, for promotions, and for market research). 5. 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. 6. Neither You nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control. 7. This Agreement will not create any right or cause of action for any third party, nor will IBM be responsible for any third party claims against You except, as permitted by the Limitation of Liability section above, for bodily injury (including death) or damage to real or tangible personal property for which IBM is legally liable. 6. Governing Law, Jurisdiction, and Arbitration Governing Law Both You and IBM consent to the application of the laws of the country in which You acquired the Program license to govern, interpret, and enforce all of Your and IBM's rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Jurisdiction All of our rights, duties, and obligations are subject to the courts of the country in which You acquired the Program license. Part 2 - Country-unique Terms AMERICAS ARGENTINA: Governing Law, Jurisdiction, and Arbitration (Section 6): The following exception is added to this section: Any litigation arising from this Agreement will be settled exclusively by the Ordinary Commercial Court of the city of Buenos Aires. BRAZIL: Governing Law, Jurisdiction, and Arbitration (Section 6): The following exception is added to this section: Any litigation arising from this Agreement will be settled exclusively by the court of Rio de Janeiro, RJ. CANADA: General (Section 5): The following replaces item 7: 7. This Agreement will not create any right or cause of action for any third party, nor will IBM be responsible for any third party claims against You except as permitted by the Limitation of Liability section above for bodily injury (including death) or physical harm to real or tangible personal property caused by IBM's negligence for which IBM is legally liable. Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws of the country in which You acquired the Program license" in the Governing Law subsection is replaced by the following: the laws in the Province of Ontario PERU: Limitation of Liability (Section 4): The following is added at the end of this section: In accordance with Article 1328 of the Peruvian Civil Code, the limitations and exclusions specified in this section will not apply to damages caused by IBM's willful misconduct ("dolo") or gross negligence ("culpa inexcusable"). UNITED STATES OF AMERICA: General (Section 5): The following is added to this section: U.S. Government Users Restricted Rights - Use, duplication or disclosure restricted by the GSA ADP Schedule Contract with the IBM Corporation. Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws of the country in which You acquired the Program license" in the Governing Law subsection is replaced by the following: the laws of the State of New York, United States of America ASIA PACIFIC AUSTRALIA: Limited Warranty (Section 3): The following is added: The warranties specified in this Section are in addition to any rights You may have 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 4): The following is added: 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. Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws of the country in which You acquired the Program license" in the Governing Law subsection is replaced by the following: the laws of the State or Territory in which You acquired the Program license CAMBODIA, LAOS, and VIETNAM: Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws of the country in which You acquired the Program license" in the Governing Law subsection is replaced by the following: the laws of the State of New York, United States of America The following is added to this section: Arbitration Disputes arising out of or in connection with this Agreement shall be finally settled by arbitration which shall be held in Singapore in accordance with the Arbitration Rules of Singapore International Arbitration Center ("SIAC Rules") then in effect. The arbitration award shall be final and binding for the parties without appeal and shall be in writing and set forth the findings of fact and the conclusions of law. The number of arbitrators shall be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties shall appoint a third arbitrator who shall act as chairman of the proceedings. Vacancies in the post of chairman shall be filled by the president of the SIAC. Other vacancies shall be filled by the respective nominating party. Proceedings shall continue from the stage they were at when the vacancy occurred. If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the first appointed arbitrator shall be the sole arbitrator, provided that the arbitrator was validly and properly appointed. All proceedings shall be conducted, including all documents presented in such proceedings, in the English language. The English language version of this Agreement prevails over any other language version. HONG KONG S.A.R. and MACAU S.A.R. of China: Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws of the country in which You acquired the Program license" in the Governing Law subsection is replaced by the following: the laws of Hong Kong Special Administrative Region of China INDIA: Limitation of Liability (Section 4): The following replaces the terms of items 1 and 2 of the first paragraph: 1) liability for bodily injury (including death) or damage to real property and tangible personal property will be limited to that caused by IBM's negligence; and 2) as to any other actual damage arising in any situation involving nonperformance by IBM pursuant to, or in any way related to the subject of this Agreement, IBM's liability will be limited to the charge paid by You for the individual Program that is the subject of the claim. General (Section 5): The following replaces the terms of item 5: If no suit or other legal action is brought, within three 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. Governing Law, Jurisdiction, and Arbitration (Section 6): The following is added to this section: Arbitration Disputes arising out of or in connection with this Agreement shall be finally settled by arbitration which shall be held in Bangalore, India in accordance with the laws of India then in effect. The arbitration award shall be final and binding for the parties without appeal and shall be in writing and set forth the findings of fact and the conclusions of law. The number of arbitrators shall be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties shall appoint a third arbitrator who shall act as chairman of the proceedings. Vacancies in the post of chairman shall be filled by the president of the Bar Council of India. Other vacancies shall be filled by the respective nominating party. Proceedings shall continue from the stage they were at when the vacancy occurred. If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the first appointed arbitrator shall be the sole arbitrator, provided that the arbitrator was validly and properly appointed. All proceedings shall be conducted, including all documents presented in such proceedings, in the English language. The English language version of this Agreement prevails over any other language version. JAPAN: General (Section 5): The following is inserted after item 5: Any doubts concerning this Agreement will be initially resolved between us in good faith and in accordance with the principle of mutual trust. MALAYSIA: Limitation of Liability (Section 4): The word "SPECIAL" in item 2 of the third paragraph is deleted: NEW ZEALAND: Limited Warranty (Section 3): The following is added: 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 which IBM provides, if You require the goods for the purposes of a business as defined in that Act. Limitation of Liability (Section 4): The following is added: 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 2): The following is added: 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. Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws of the country in which You acquired the Program license" in the Governing Law subsection is replaced by the following: the laws of the State of New York, United States of America (except when local law requires otherwise) PHILIPPINES: Limitation of Liability (Section 4): The following replaces the terms of item 2 of the third paragraph: 2. special (including nominal and exemplary damages), moral, incidental, or indirect damages or for any economic consequential damages; or Governing Law, Jurisdiction, and Arbitration (Section 6): The following is added to this section: Arbitration Disputes arising out of or in connection with this Agreement shall be finally settled by arbitration which shall be held in Metro Manila, Philippines in accordance with the laws of the Philippines then in effect. The arbitration award shall be final and binding for the parties without appeal and shall be in writing and set forth the findings of fact and the conclusions of law. The number of arbitrators shall be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties shall appoint a third arbitrator who shall act as chairman of the proceedings. Vacancies in the post of chairman shall be filled by the president of the Philippine Dispute Resolution Center, Inc. Other vacancies shall be filled by the respective nominating party. Proceedings shall continue from the stage they were at when the vacancy occurred. If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the first appointed arbitrator shall be the sole arbitrator, provided that the arbitrator was validly and properly appointed. All proceedings shall be conducted, including all documents presented in such proceedings, in the English language. The English language version of this Agreement prevails over any other language version. SINGAPORE: Limitation of Liability (Section 4): The words "SPECIAL" and "ECONOMIC" are deleted from item 2 of the third paragraph. General (Section 5): The following replaces the terms of item 7: Subject to the rights provided to IBM's suppliers and Program developers as provided in Section 4 above (Limitation of Liability), a person who is not a party to this Agreement shall have no right under the Contracts (Right of Third Parties) Act to enforce any of its terms. TAIWAN: Limited Warranty (Section 3): The last paragraph is deleted. EUROPE, MIDDLE EAST, AFRICA (EMEA) Limited Warranty (Section 3): In the European Union, the following is added: In the European Union, consumers have legal rights under applicable national legislation governing the sale of consumer goods. Such rights are not affected by the Limited Warranty provision set out above at section 3 of this Agreement. The territorial scope of the Limited Warranty is worldwide. Limitation of Liability (Section 4): In Austria, Denmark, Finland, Greece, Italy, Netherlands, Norway, Portugal, Spain, Sweden and Switzerland, the following replaces the terms of this section in its entirety: Except as otherwise provided by mandatory law: 1. IBM's liability for any damages and losses that may arise as a consequence of the fulfillment of its obligations under or in connection with this agreement or due to any other cause related to this agreement is limited to the compensation of only those damages and losses proved and actually arising as an immediate and direct consequence of the non-fulfillment of such obligations (if IBM is at fault) or of such cause, for a maximum amount equal to the charges You paid for the Program. The above limitation shall not apply to damages for bodily injuries (including death) and damages to real property and tangible personal property for which IBM is legally liable. 2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM DEVELOPERS, LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. 3. The limitation and exclusion of liability herein agreed applies not only to the activities performed by IBM but also to the activities performed by its suppliers and Program developers, and represents the maximum amount for which IBM as well as its suppliers and Program developers, are collectively responsible. Limitation of Liability (Section 4): In France and Belgium, the following replaces the terms of this section in its entirety: Except as otherwise provided by mandatory law: 1. IBM's liability for any damages and losses that may arise as a consequence of the fulfillment of its obligations under or in connection with this agreement is limited to the compensation of only those damages and losses proved and actually arising as an immediate and direct consequence of the non-fulfillment of such obligations (if IBM is at fault), for a maximum amount equal to the charges You paid for the Program that has caused the damages. The above limitation shall not apply to damages for bodily injuries (including death) and damages to real property and tangible personal property for which IBM is legally liable. 2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM DEVELOPERS, LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. 3. The limitation and exclusion of liability herein agreed applies not only to the activities performed by IBM but also to the activities performed by its suppliers and Program developers, and represents the maximum amount for which IBM as well as its suppliers and Program developers, are collectively responsible Governing Law, Jurisdiction, and Arbitration (Section 6) Governing Law The phrase "the laws of the country in which You acquired the Program license" is replaced by: 1) "the laws of Austria" in Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, FYR Macedonia, Moldavia, Poland, Romania, Russia, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and FR Yugoslavia; 2) "the laws of France" in Algeria, Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis & Futuna; 3) "the laws of Finland" in Estonia, Latvia, and Lithuania; 4) "the laws of England" in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe; and 5) "the laws of South Africa" in South Africa, Namibia, Lesotho and Swaziland. Jurisdiction The following exceptions are added to this section: 1) In Austria the choice of jurisdiction for all disputes arising out of this Agreement and relating thereto, including its existence, will be the competent court of law in Vienna, Austria (Inner-City); 2) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, West Bank/Gaza, Yemen, Zambia, and Zimbabwe all disputes arising out of this Agreement or related to its execution, including summary proceedings, will be submitted to the exclusive jurisdiction of the English courts; 3) in Belgium and Luxembourg, for all disputes arising out of this Agreement or related to its interpretation or its execution, only the law and the courts of the capital of the country in which Your registered office and/or commercial office is located are competent; 4) in France, Algeria, Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis & Futuna all disputes arising out of this Agreement or related to its violation or execution, including summary proceedings, will be settled exclusively by the Commercial Court of Paris; 5) in Russia, all disputes arising out of or in relation to the interpretation, the violation, the termination, the nullity of the execution of this Agreement shall be settled by Arbitration Court of Moscow; 6) in South Africa, Namibia, Lesotho and Swaziland, both of us agree to submit all disputes relating to this Agreement to the jurisdiction of the High Court in Johannesburg; 7) in Turkey all disputes arising out of or in connection with this Agreement shall be resolved by the Istanbul Central (Sultanahmet) Courts and Execution Directorates of Istanbul, the Republic of Turkey; 8) in each of the following specified countries, any legal claim arising out of this Agreement will be brought before, and settled exclusively by, the competent court of a) Athens for Greece, b) Tel Aviv-Jaffa for Israel, c) Milan for Italy, d) Lisbon for Portugal, and e) Madrid for Spain; and 9) in the United Kingdom, both of us agree to submit all disputes relating to this Agreement to the jurisdiction of the English courts. Arbitration In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, FYR Macedonia, Moldavia, Poland, Romania, Russia, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and FR Yugoslavia all disputes arising out of this Agreement or related to its violation, termination or nullity will be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Center of the Federal Economic Chamber in Vienna (Vienna Rules) by three arbitrators appointed in accordance with these rules. The arbitration will be held in Vienna, Austria, and the official language of the proceedings will be English. The decision of the arbitrators will be final and binding upon both parties. Therefore, pursuant to paragraph 598 (2) of the Austrian Code of Civil Procedure, the parties expressly waive the application of paragraph 595 (1) figure 7 of the Code. IBM may, however, institute proceedings in a competent court in the country of installation. In Estonia, Latvia and Lithuania all disputes arising in connection with this Agreement will be finally settled in arbitration that will be held in Helsinki, Finland in accordance with the arbitration laws of Finland then in effect. Each party will appoint one arbitrator. The arbitrators will then jointly appoint the chairman. If arbitrators cannot agree on the chairman, then the Central Chamber of Commerce in Helsinki will appoint the chairman. AUSTRIA: Limited Warranty (Section 3): The following is inserted at the beginning of this Section: The Warranty Period is twelve months from the date of delivery. The limitation period for consumers in action for breach of warranty is the statutory period as a minimum. The warranty for a Program covers the functionality of the Program for its normal use and the Program's conformity to its specifications. The final two paragraphs are replaced with the following: This is our sole obligation to You, except as otherwise required by applicable statutory law. General (Section 5): The following is added to item 4: For purposes of this clause, contact information will also include information about You as a legal entity, for example revenue data and other transactional information. GERMANY: Limited Warranty (Section 3): The same changes apply as those in Limited Warranty (Section 3) under Austria above. Limitation of Liability (Section 4): The following paragraph is added to this Section: The limitations and exclusions specified in this Section will not apply to damages caused by IBM intentionally or by gross negligence. General (Section 5): The following replace the terms of item 5: Any claims resulting from this Agreement are subject to a statute of limitation of three years, except as stated in Section 3 (Limited Warranty) of this Agreement. HUNGARY: Limitation of Liability (Section 4): The following is added at the end of this section: The limitation and exclusion specified herein shall not apply to liability for a breach of contract damaging life, physical well-being, or health that has been caused intentionally, by gross negligence, or by a criminal act. The parties accept the limitations of liability as valid provisions and state that the Section 314.(2) of the Hungarian Civil Code applies as the acquisition price as well as other advantages arising out of the present Agreement balance this limitation of liability. IRELAND: Limited Warranty (Section 3): The following 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. Limitation of Liability (Section 4): The following replaces the terms of this section in its entirety: For the purposes of this section, a "Default" means any act, statement, omission, or negligence on the part of IBM in connection with, or in relation to, the subject matter of an Agreement in respect of which IBM is legally liable to You whether in contract or tort. A number of Defaults which together result in, or contribute to, substantially the same loss or damage will be treated as one Default occurring on the date of occurrence of the last such Default. Circumstances may arise where, because of a Default, You are entitled to recover damages from IBM. This section sets out the extent of IBM's liability and Your sole remedy. 1. IBM will accept unlimited liability for (a) death or personal injury caused by the negligence of IBM, and (b) subject always to the Items for Which IBM is Not Liable below, for physical damage to Your tangible property resulting from the negligence of IBM. 2. Except as provided in item 1 above, IBM's entire liability for actual damages for any one Default will not in any event exceed the greater of 1) EUR 125,000, or 2) 125 percent of the amount You paid for the Program directly relating to the Default. These limits also apply to any of IBM's suppliers and Program developers. They state the maximum for which IBM and such suppliers and Program developers are collectively responsible. Items for Which IBM is Not Liable Save with respect to any liability referred to in item 1 above, under no circumstances is IBM or any of its suppliers or Program developers liable for any of the following, even if IBM or they were informed of the possibility of such losses: 1. loss of, or damage to, data; 2. special, indirect, or consequential loss; or 3. loss of profits, business, revenue, goodwill, or anticipated savings. ITALY: General (Section 5): The following is added to this section: IBM and Customer (hereinafter, individually, "Party") shall comply with all the obligations of the applicable provisions of law and/or regulation on personal data protection. Each of the Parties will indemnify and keep the other Party harmless from any damage, claim, cost or expense incurred by the latter, directly and or indirectly, as a consequence of an infringement of the other Party of the mentioned provisions of law and/or regulations. SLOVAKIA: Limitation of Liability (Section 4): The following is added to the end of the last paragraph: The limitations apply to the extent they are not prohibited under Sections 373-386 of the Slovak Commercial Code. General (Section 5): The terms of item 5 are replaced with the following: THE PARTIES AGREE THAT ANY LEGAL OR OTHER ACTION RELATED TO A BREACH OF THIS AGREEMENT MUST BE COMMENCED NO LATER AS DEFINED BY THE LOCAL LAW (4 YEARS) FROM THE DATE ON WHICH THE CAUSE OF ACTION AROSE. SOUTH AFRICA, NAMIBIA, LESOTHO, SWAZILAND: Limited Warranty (Section 3): The following is added at the end of the first paragraph: notwithstanding any advice or assistance that IBM may have given to You prior to the selection of such Programs. SWITZERLAND: General (Section 5): The following is added to item 4: For purposes of this clause, contact information will also include information about You as a legal entity, for example revenue data and other transactional information. UNITED KINGDOM: Limited Warranty (Section 3): The following replaces the first sentence in the fourth paragraph of this section: THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability (Section 4): The following replaces the terms of this section in its entirety: For the purposes of this section, a "Default" means any act, statement, omission, or negligence on the part of IBM in connection with, or in relation to, the subject matter of an Agreement in respect of which IBM is legally liable to You, whether in contract or tort. A number of Defaults which together result in, or contribute to, substantially the same loss or damage will be treated as one Default. Circumstances may arise where, because of a Default, You are entitled to recover damages from IBM. This section sets out the extent of IBM's liability and Your sole remedy. 1. IBM will accept unlimited liability for: (a) death or personal injury caused by the negligence of IBM; (b) any breach of its obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982, or any statutory modification or re-enactment of either such Section; and (c) subject always to the Items for Which IBM is Not Liable below, for physical damage to Your tangible property resulting from the negligence of IBM. 2. IBM's entire liability for actual damages for any one Default will not in any event, except as provided in item 1 above, exceed the greater of 1) Pounds Sterling 75,000, or 2) 125 percent of the amount You paid for the Program directly relating to the Default. These limits also apply to IBM's suppliers and Program developers. They state the maximum for which IBM and such suppliers and Program developers are collectively responsible. Items for Which IBM is Not Liable Save with respect to any liability referred to in item 1 above, under no circumstances is IBM or any of its suppliers or Program developers liable for any of the following, even if IBM or they were informed of the possibility of such losses: 1. loss of, or damage to, data; 2. special, indirect, or consequential loss; or 3. loss of profits, business, revenue, goodwill, or anticipated savings. Z125-3301-12 (07/2008) LICENSE INFORMATION The Programs listed below are licensed under the following terms and conditions in addition to those of the International License Agreement for Evaluation of Programs. Program Name: IBM Rational Software Architect for WebSphere Software 7.5 Program Number: 5724-I70 Evaluation Period The evaluation period begins on the date that You agree to the terms of this Agreement and ends after 30 days. Limited Use Rights for Other IBM Programs If You acquired this Program as part of another IBM Program ("Principal Program") that lists this Program under "Other IBM Programs", You received this Program only in support of the Principal Program, and Your rights to use this Program will be limited by the license of the Principal Program. Please contact Your IBM Sales Representative if You wish to acquire a separate license to this Program not limited by the Principal Program's license terms. Other IBM Programs The Program is licensed as a multi-product package and includes other products distributed with the Program ("Other IBM Programs"). You are authorized to install and use such Other IBM Programs only in association with Your licensed use of the Program under this Agreement. The Other IBM Programs may not be used for any other purpose. You are not authorized to transfer or remarket the Other IBM Programs. The terms of the Program's Agreement may replace or modify the license terms for the Other IBM Programs. In the event of conflict, the Program's terms supersede the terms of the license agreement which accompanies the Other IBM Programs. When Your right to use the Program expires or terminates, You must discontinue use, destroy or promptly return all copies of the Other IBM Programs to the party from whom You acquired it; if You downloaded the Other IBM Programs contact the party from whom You acquired it. If You wish to license the Other IBM Programs for any use beyond the limits set forth above, please contact an IBM Sales Representative or the party from whom You acquired it to obtain the appropriate licenses. The following are Other IBM Programs licensed with the Programs: 1. IBM Agent Controller 8.0 2. IBM CICS Transaction Gateway for Multiplatforms v7.1.0.1 3. IBM Information Management System Resource Adapters V10 4. IBM Installation Manager and Packaging Utility for the Rational Software Development Platform 1.2 5. IBM J2EE Connector Architecture (JCA) Resource Adapters 7.1 6. IBM Portal Server 6.1 7. IBM WebSphere Adapters 8. IBM WebSphere Application Server for Developers 7.0 9. IBM WebSphere Application Server Test Environment and Stubs 6.0, 6.1, and 7.0 Excluded Components The provisions of this paragraph do not apply to the extent they are held to be invalid or unenforceable under the law that governs this license. The components listed below are "Excluded Components." Notwithstanding any of the terms in the Agreement or any other agreement You may have with IBM: (a) the third party suppliers of such Excluded Components ("Suppliers") provide the components WITHOUT WARRANTIES OF ANY KIND and, such Suppliers DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE EXCLUDED COMPONENTS; (b) in no event are the Suppliers liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, including but not limited to lost data, lost savings, and lost profits, with respect to the Excluded Components; and, (c) IBM and the Suppliers are not liable to You, and will not defend, indemnify, or hold You harmless for any claims arising from or related to the Excluded Components. Notwithstanding these exclusions, in Germany and Austria, IBM's warranty and liability for the Excluded Components is governed only by the respective terms applicable for Germany and Austria in the IBM license agreements. Notices and important information that IBM is required to provide to You with respect to the Excluded Components, including instructions for obtaining source code for certain Excluded Components, may be found in the NOTICES file(s) that accompanies the Program. Your use of the Excluded Components is governed by the terms of the Agreement and not by any terms that may be contained in the NOTICES file(s). The terms contained in the Agreement are offered by IBM and not by any other party. Future Program updates or fixpacks may contain additional Excluded Components. Such additional Excluded Components, and related notices and information, if any, will be listed in another NOTICES file that accompanies the Program update or fixpack. The following are Excluded Components: 1 Apache Ant 1.6.5, 1.70 2 Apache Avalon 4.1.2 3 Apache Axis 1.0, 1.1, 1.3.0, 1.4.0, 1.2.1 (Base 64 only) 4 Apache Axis2 1.3 5 Apache Batik 1.6 (subset) 6 Apache Batik 1.6.0 7 Apache BCEL 5.0 8 Apache Cactus 1.7.2 9 Apache Commons CLI 1.0.0 10 Apache Commons Codec 1.3 (subset) 11 Apache Commons Collections 2.1.1 12 Apache Commons Discovery 0.2.0 13 Apache Commons EL 1.0 14 Apache Commons HTTP Client 2.0.2 15 Apache Commons IO 1.0.0 16 Apache Commons Logging 1.0.3, 1.0.4 17 Apache Commons Net 1.4.1 + NET-3 + NET-73 18 Apache Commons ORO 2.0.8 19 Apache Commons-beanutils 1.6, 1.6.1 20 Apache Commons-collections 1.1 dev 21 Apache Commons-collections 2.1 22 Apache Commons-digester 1.5 23 Apache Commons-fileupload 1.0 24 Apache Commons-lang 1.0.1 25 Apache Commons-logging 1.0.1 dev 26 Apache Commons-validator 1.0.2 27 Apache Derby 10.1, 10.3.1.4 28 Apache FOP/Avalon 2/27/2003 29 Apache Harmony (including Annotation, Beans, jndi, lang-management, logging, security, sql, java.util) 30 Apache jakarta-oro 2.0.6 31 Apache Log4J 1.2.13 32 Apache Log4J 1.2.4 33 Apache Lucene 1.9.1 (subset) 34 Apache Lucene 2.3.1 35 Apache RegExp 1.2 36 Apache SOAP 2.3 37 Apache Soap 2.3.1 38 Apache SOAP with Attachments API for Java (SAAJ) 1.2.0 39 Apache Struts 1.1, 1.2.9, 1.3.5 40 Apache taglibs-application 1.0.1 41 Apache taglibs-datetime 1.0.1 42 Apache taglibs-mailer 1.1 43 Apache taglibs-page 1.0.1 44 Apache taglibs-request 1.0.1 45 Apache taglibs-response 1.0.1 46 Apache taglibs-session 1.0.1 47 Apache taglibs-string 1.0.1 48 Apache taglibs-utility 1.0.1 49 Apache Tomcat 3.2.4 (Jasper Compiler) 50 Apache Tomcat 4.1.30 (subset) 51 Apache Tomcat 5.5.17 (Jasper Compiler) 52 Apache Tomcat 5.5.17 (Java Servlet APIs 2.4.0) 53 Apache Tomcat 5.5.17 (Java Servlet JSP APIs 2.0) 54 Apache Tomcat 6.0.14 55 Apache Tuscany SDO rev 563113 56 Apache XALAN 2.7 57 Apache Xalan-J 2.7.1 (subset) 58 Apache XERCES 4.4" 59 Apache Xerces-C 2.4.0 60 Apache Xerces-C 2.6 61 Apache Xerces-J 2.7, 2.9 62 Apache XML4J 63 Apache XML4J 4.3 64 Apache XML-APIS 1.3 65 ARM (Application Response Measurement) Java Binding 4.0 version 2 66 ASM 3.1 67 Cairo Binding 68 Cairo Library 1.0.2 69 Carbon Binding 70 Dojo 1.1 71 DOM 2 72 DOM SMIL Animation 1.0 Java Binding 73 DOM SVG Java 1.1 Binding 74 Eclipse 3.1.2, 3.4.0 75 Eclipse AspectJ Runtime 1.2.1 76 Eclipse AspectJ v1.2.1 77 Eclipse BIRT 2.2.1 78 Eclipse BIRT 2.3.0 79 Eclipse CDT 2.0.2 (subset), 4.0 80 Eclipse DTP 1.6.1 81 Eclipse ECF 2.0 (subset) 82 Eclipse EMF 2.0 83 Eclipse EMF 2.1.2 84 Eclipse EMF 2.2 (subset) 85 Eclipse EMF 2.2.4 (M200706070004) 86 Eclipse EMF 2.3 87 Eclipse EMF 2.4.0, 2.2.2 88 Eclipse EMF SDO 1.2.4 89 Eclipse EMF-Model Query 1.2.0 90 Eclipse EMF-Model Transaction 1.2.0 91 Eclipse EMFT Examples 1.0 92 Eclipse EMF-Validation Framework 1.2.0 93 Eclipse EPF 1.2.0.4 94 Eclipse Equinox (OSGi Services) 3.4.0 95 Eclipse GEF 3.3.1 96 Eclipse GEF 3.4.0 97 Eclipse GMF 2.1.1 98 Eclipse M2T-JET 0.9.0 99 Eclipse OCL 1.2.0 100 Eclipse Platform 3.x derivative classes 101 Eclipse Target Management 3.0 102 Eclipse TPTP 4.5.1 103 Eclipse UML2 2.2.0 104 Eclipse WTP 3.0.1 105 Eclipse XSD 2.4.0 106 Eclipse XSD v2.2.2 107 Enterprise MetaData Discovery V1.1 108 Firebug 1.2 109 FlexLM 11.5 110 Flute 1.3.0 111 Fop 0.20.5 112 FOP Transcoder 1.0 beta2 113 Geronimo 2.0.2 subset (JavaBeans Activation Framework 1.1, JavaMail 1.4) 114 Harmony 5.0 M6 subset (Verifier) 115 ICU4C 3.4.1 116 ICU4J 3.4.1, 3.8.1, 3.6 117 IETF UUIDs and GUIDs Internet Draft 2/4/1998 118 Independent JPEG Group's LIBJPEG Release 6b 119 iSpell Dictionaries 3.1.20 120 iText 1.5.4 121 J2EE related Schemas and DTD's 1.2,1.3,1.4,5.0 122 Java API for JavaServer Pages 2.0.0 123 Java API for XML-based RPC (JAX-RPC) 1. 1. 0 124 Java Mirror API 125 Java Persistence API schemas 1.0 126 Java Server Faces Schemas and DTDs 1.0,1.1,1.2 127 Java Servlet API 2.4.0 128 Java Ssh Applet 129 JavaCup v.10k 130 Jetty 5.1.14 131 JRPC Development Kit 132 JSch 0.1.37 133 JSTL 1.0.5 134 JSTL 1.1 135 JTidy 8.0 136 Jtidy R7 137 Jtopen 5.0 138 JUnit 3.8.1, 3..2, 4.3.1 139 LPG runtime 1.1 140 Mozilla Binding 141 MX4J 3.0.1 142 Oracle SQLJ 143 OSGi Materials 4.1.0 144 Pixman 0.1.6 145 Prototype JavaScript Framework 1.4 146 Putty 0.58 147 Retroweaver 1.2..3 148 Rhino 1.6 R7 149 SAT4J 2.0 (subset) 150 SAX 2.02 151 Simple API for CSS (SAC) 1.3.0 152 UDDI4J 2.0.3 153 UDDI4J 2.0.5 154 WALA 1.1 155 WSDL Schemas 156 WSDL4J 1.4 157 WSDL4J 1.5.1 158 WSIL4J 1.0.0 159 XHTML DTD's 1.1 160 XML-APIs 1.3.04 161 XML-Commons Resolver 1.2 162 XSLT4J Separately Licensed Code The provisions of this paragraph do not apply to the extent they are held to be invalid or unenforceable under the law that governs this license. Each of the components listed below is considered "Separately Licensed Code". IBM Separately Licensed Code is licensed to You under the terms of the applicable third party license agreement(s) set forth in the NON_IBM_LICENSE file(s) that accompanies the Program. Notwithstanding any of the terms in the Agreement, or any other agreement You may have with IBM, the terms of such third party license agreement(s) governs Your use of all Separately Licensed Code unless otherwise noted below. Future Program updates or fixpacks may contain additional Separately Licensed Code. Such additional Separately Licensed Code and related licenses are listed in another NON_IBM_LICENSE file that accompanies the Program update or fixpack. You acknowledge that You have read and agree to the license agreements contained in the NON_IBM_LICENSE file(s). If You do not agree to the terms of these third party license agreements, You may not use the Separately Licensed Code. For Programs acquired under the International Program License Agreement ("IPLA") or International Program License Agreement for Non Warranted Program ("ILAN") and You are the original licensee of the Program, if You do not agree with the third party license agreements, You may return the Program in accordance with the terms of, and within the specified time frames stated in, the "Money-back Guarantee" section of the IPLA or ILAN IBM Agreement. Note: Notwithstanding any of the terms in the third party license agreement, the Agreement, or any other agreement You may have with IBM: (a) IBM provides this Separately Licensed Code to You WITHOUT WARRANTIES OF ANY KIND; (b) IBM DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SEPARATELY LICENSED CODE; (c) IBM is not liable to You, and will not defend, indemnify, or hold You harmless for any claims arising from or related to the Separately Licensed Code; and (d) IBM is not liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages including, but not limited to, lost data, lost savings, and lost profits, with respect to the Separately Licensed Code. Notwithstanding these exclusions, in Germany and Austria, IBM's warranty and liability for the Separately Licensed Code is governed only by the respective terms applicable for Germany and Austria in IBM license agreements. Note: IBM may provide limited support for some Separately Licensed Code. If such support is available, the details and any additional terms related to such support will be set forth in the License Information document. The following are Separately Licensed Code: 1. BusinessObjects Crystal Reports for IBM Rational Software Architect and Rational Application Developer 2. BusinessObjects Crystal Reports Sever XI Release 2 3. Cairo Binding 4. Carbon Binding 5. Eclipse 3.4.0 Source 6. Eclipse EMF 2.4.0 Source 7. Eclipse EMF-Model Query 1.2.0 Source 8. Eclipse EMF-Model Transaction 1.2.0 Source 9. Eclipse EMF-Validation Framework 1.2.0 Source 10. Eclipse Equinox (OSGi Services) 3.4.0 Source 11. Eclipse GEF 3.4.0 Source 12. Eclipse GMF 2.1.1 Source 13. Eclipse M2T-JET 0.9.0 Source 14. Eclipse OCL 1.2.0 Source 15. Eclipse UML2 2.2.0 Source 16. Eclipse WTP 3.0.1 Source 17. Eclipse XSD 2.4.0 Source 18. EMFT Examples 1.0 Source 19. Enterprise Medata Discovery Specification Version 1.0 20. Enterprise MetaData Discovery V1.1 21. GNOME Binding 22. GTK+ Binding 23. GTK+ Binding for Mozilla 24. JUnit 3.8.1 25. JUnit 3.8.2 26. JUnit 4.3.1 27. LPG Runtime 1.1 28. Mozilla Binding 29. WAP DTD's 1.1,1.3 Restricted Materials You may use any portion of the Program that IBM or third parties that provide IBM products a) provides in source form; or b) marks restricted (for example, "Restricted Materials of IBM"); or c) provides as sample code; only to 1) resolve problems related to the use of the Program; and 2) modify the Program so that it will work together with other products. The following are designated as restricted materials: 1. com.ibm.xtools.sample.soa.temperatureconverter\install\temperatureconvertersample.zip. 2. SDPShared\plugins\com.ib m.xtools.sample.ejb3.library.jar 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. You agree that such documentation and other Program content may be supplied only in the English language. Program-unique Terms Based upon the Program license obtained, You may use the Program as follows: MULTI-PROGRAM OFFERING Programs may be licensed as part of a 'suite' or a multi-program offering. The separate Programs comprising the suite or multi-program offering may not be used simultaneously by different users, and may be used by only one user at a time. If third party software is included with any Program, the third party software may not be separated from, or used independently of, the Program. IBM WEBSPHERE APPLICATION SERVER: WEBSPHERE APPLICATION SERVER: The Program is accompanied by multiple copies of WebSphere Application Server, including copies of WebSphere Application Server included in the Program's "unit test environment". You are authorized to install each component of these copies of the WebSphere Application Server on the same machine as the remainder of the Program for use by a single developer for purposes of "unit testing", which is limited to testing of code written or generated by such developer to confirm that such code functions as designed. You are not authorized to use copies of the WebSphere Application Server components installed and used under Unit Test Proofs of Entitlement for the following purposes: testing applications on servers separate from the developer's machine; or simulating production workloads or testing scalability of any code, application or system. The WebSphere Application Server components cannot be used for production purposes. CICS Transaction Gateway for Multiplatforms v7.1.0.x: You are authorized to install and use such LINUX and Microsoft Windows platform versions of CTG only for the purposes of internal evaluation or unit testing, which is limited to the testing of code written or generated by a developer to confirm that such code functions as designed. Such LINUX and Microsoft Windows platform versions of CTG : (i) may be installed on a machine which is separated from the Program; and (ii) are not authorized to be used for any production purpose. J2C TECHNOLOGY This program contains J2C connector technology. The following information applies: J2C TECHNOLOGY: COBOL Compiler Component Your copy of the Program contains J2C connector technology which includes IBM COBOL for Windows: COBOL Compiler Component. The COBOL compiler components contained in the Program are to be used only by the internal components of the Program, for the purpose of importing metadata for COBOL data structures. You may not use this code for production purposes. J2C TECHNOLOGY: PL/I Compiler Component Your copy of the Program contains J2C connector technology which includes IBM PL/I for Windows: PL/I Compiler Component. The PL/I compiler components contained in the Program are to be used only by the internal components of the Program, for the purpose of importing metadata for PL/I data structures. You may not use this code for production purposes. IMS: The Program contains separate JCA (Java Connector Architecture) 1.0 and JCA 1.5 versions of the IMS Resource Adapter (also known as IMS Connector for Java). You are authorized to use the resource adapter function solely for the purposes of writing or generating code. If you wish to unit test any code written or generated with the Program, you must have, as applicable, at least one valid IMS V9 license allowing use of the IMS V9 TM Resource Adapter or one valid IMS V10 license allowing use of the IMS V10 TM Resource Adapter. You are not authorized to use the IMS TM Resource Adapters supplied in the Program for production purposes. If you wish to use these IMS TM Resource Adapters for production purposes, refer to the IMS TM Resource Adapter Web site at www.ibm.com/ims. JCA: 1. The J2EE Connector Architecture (JCA) resource adapters supplied with the Program and packaged in the files named 'cicseci710x.rar', 'cicseci710xXA.rar', and the Java client classes supplied with the Program and packaged in the file named 'ctgclient.jar' may be freely distributed by licensed users of the Program. Licensed users who choose to distribute these client classes assume responsibility for the support and maintenance of the distributed classes. IBM's consent to such distribution is on the basis that licensed users of the Program are responsible for ensuring that: (i) no 'JAR' or 'RAR' file is modified from its original form; (ii) no 'JAR' or 'RAR' file is used other than within a Java environment supported by the Program; and (iii) all communication is to a CICS Transaction Gateway at the same or a higher release level than the version of the 'ctgclient.jar' or 'RAR' file. 2. A license to use the Program only allows use by a maximum of one simultaneous user on a desktop computer, for application development purposes only. It does not allow use of the Program in any production environment. If you wish to use the Program in a production environment, you must obtain a separate production license for the IBM CICS Transaction Gateway product. JRPC DEVELOPMENT KIT The following are certain rights and restrictions associated with the inclusion of the JRPC Development Kit Component in the Program. By installing the Program, you agree to the following terms and conditions: Program is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. Licensee warrants that it will not use the Program for such purposes. SAMPLES The Program may contain sample source code or programs, which illustrate programming techniques. You may copy, modify, and distribute these samples, or their modifications, in any form, internally or as part of your application or related documentation. These samples have not been tested under all conditions and are provided to you by IBM without obligation of support of any kind. IBM PROVIDES THESE SAMPLES "AS IS" SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED. IBM MAKES NO WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT REGARDING THESE SAMPLES OR TECHNICAL SUPPORT, IF ANY. You will indemnify IBM or third parties that provide IBM products ("Third Parties") from and against any third party claim arising out of the use, modification or distribution of these samples with your application. You may not use the same path name as the original files/modules. You must not alter or delete any copyright information in the Samples. UPDATING COMMON COMPONENTS Certain portions of this Program have been internally designated by IBM as common component(s) that may be shared between multiple IBM programs. You hereby acknowledge and agree that installation of this Program, future updates to this Program, or other IBM programs that use such common component(s) may cause the common component(s) to be updated across multiple IBM programs. WEBSPHERE PORTAL SERVER Your copy of the program may contain technology and components of the IBM WebSphere Portal Server. If it does, then any license terms that accompany such technology and/or components as modified by the following 2 paragraphs apply: The Portal technology and components contained in the Program may only be used by and in conjunction with the Program for the installation, configuration, management and administration of applications within a customer IT environment by the Program. The Portal technology and components may not be used as a portal interface or integration platform for any application other than the Program. For the given purpose, applications are provided an interface to the Program in the form of a portlet using the IBM WebSphere Portal technology. Service and support for the Portal technology and components under this Program license is provided only as it relates to use licensed with the Program. The Portal technology and components contained in the Program are installed only on the machine used by a single developer for purposes of "unit testing", which is limited to testing of code written or generated by such developer to confirm that such code functions as designed. The Portal technology and components contained in the Program cannot be used for production purposes. DISTRIBUTION OF JRE REDISTRIBUTABLES You may distribute the software listed below (the "JRE Redistributables") only in conjunction with Your application and subject to the following terms: (1) Your redistribution of the JRE Redistributables must be in object code and must comply with all technical and user directions provided with the Program; (2) Your application must redistribute other Redistributables identified in this license with the JRE Redistributables unless Your application is designed to run only on general computer devices (e.g., desktops and servers) and not pervasive devices; (3) You may not remove any copyright or notice files contained in the JRE Redistributables; (4)You will indemnify IBM or third parties that provide IBM products ("Third Parties") from and against any third party claim arising out of the use or distribution of Your application; (5) You may not use the same path name as the original files/modules; (6) You may not use IBM's or Third Parties' names or trademarks in connection with the marketing of Your applications without IBM's or Third Parties' prior written consent; and (7) IBM or Third Parties provide copies of these files or modules "AS IS," i.e., You are responsible for all technical assistance for Your application. In Your license agreement with the recipient, You will notify the recipient that these files or modules may not be 1) used for any purpose other than to enable Your application, 2) copied (except for backup purposes), 3) further distributed without Your application or 4) reverse assembled, reverse compiled, or otherwise translated. The JRE Redistributables software can be found in the following directory on the installation media: /jdk/jre WEBSPHERE ADAPTERS The Program contains the following IBM WebSphere Adapters: - IBM WebSphere Adapter for SAP Software - IBM WebSphere Adapter for Siebel Business Applications - IBM WebSphere Adapter for PeopleSoft Enterprise - IBM WebSphere Adapter for Oracle E-Business Suite - IBM WebSphere Adapter for JD Edwards EnterpriseOne (the "Adapters"). You are authorized to use the Adapter components only on the same machine as the Program and only in association with your licensed use of the Program. Separate IBM WebSphere Adapter authorization must be acquired to deploy Adapter software components to any software deployment server associated with the licensed use of the Program (e.g. WebSphere Application Server) irrespective of the usage or location of the software deployment server. With a "per establishment authorization" for an Adapter, you are permitted to deploy and run an unlimited number of the Adapter components with multiple software deployment servers supported by the Adapter, but only on machines owned or leased by you that are located at a single physical site, including the surrounding campus and satellite offices. A separate "per-application-instance" authorization is available for each Adapter. With a per-application-instance authorization, you are permitted to deploy and run an unlimited number of the Adapter components on a single instance of a software deployment server supported by that Adapter. RATIONAL APPLICATION DEVELOPER FOR WEBSPHERE SOFTWARE BUILD UTILITY Your copy of the Program contains a build utility tool called Rational Application Developer for WebSphere Software Build Utility ("Utility"). The Utility can be installed on multiple machines within your environment, but can only be used to build applications which have been developed using your licensed copy of the Program. D/N: L-KHUY-7GSNJJ P/N: L-KHUY-7GSNJJ 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: IBM Rational Software Architect for WebSphere Software 7.5 Program Number: 5724-I70 Authorization for Use on Home/Portable Computer: 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. Limited Use Rights for Other IBM Programs If You acquired this Program as part of another IBM Program ("Principal Program") that lists this Program under "Other IBM Programs", You received this Program only in support of the Principal Program, and Your rights to use this Program will be limited by the license of the Principal Program. Please contact Your IBM Sales Representative if You wish to acquire a separate license to this Program not limited by the Principal Program's license terms. Other IBM Programs The Program is licensed as a multi-product package and includes other products distributed with the Program ("Other IBM Programs"). You are authorized to install and use such Other IBM Programs only in association with Your licensed use of the Program under this Agreement. The Other IBM Programs may not be used for any other purpose. You are not authorized to transfer or remarket the Other IBM Programs. The terms of the Program's Agreement may replace or modify the license terms for the Other IBM Programs. In the event of conflict, the Program's terms supersede the terms of the license agreement which accompanies the Other IBM Programs. When Your right to use the Program expires or terminates, You must discontinue use, destroy or promptly return all copies of the Other IBM Programs to the party from whom You acquired it; if You downloaded the Other IBM Programs contact the party from whom You acquired it. If You wish to license the Other IBM Programs for any use beyond the limits set forth above, please contact an IBM Sales Representative or the party from whom You acquired it to obtain the appropriate licenses. The following are Other IBM Programs licensed with the Programs: 1. IBM Agent Controller 8.0 2. IBM CICS Transaction Gateway for Multiplatforms v7.1.0.1 3. IBM Information Management System Resource Adapters V10 4. IBM Installation Manager and Packaging Utility for the Rational Software Development Platform 1.2 5. IBM J2EE Connector Architecture (JCA) Resource Adapters 7.1 6. IBM Portal Server 6.1 7. IBM WebSphere Adapters 8. IBM WebSphere Application Server for Developers 7.0 9. IBM WebSphere Application Server Test Environment and Stubs 6.0, 6.1, and 7.0 Excluded Components The provisions of this paragraph do not apply to the extent they are held to be invalid or unenforceable under the law that governs this license. The components listed below are "Excluded Components." Notwithstanding any of the terms in the Agreement or any other agreement You may have with IBM: (a) the third party suppliers of such Excluded Components ("Suppliers") provide the components WITHOUT WARRANTIES OF ANY KIND and, such Suppliers DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE EXCLUDED COMPONENTS; (b) in no event are the Suppliers liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, including but not limited to lost data, lost savings, and lost profits, with respect to the Excluded Components; and, (c) IBM and the Suppliers are not liable to You, and will not defend, indemnify, or hold You harmless for any claims arising from or related to the Excluded Components. Notwithstanding these exclusions, in Germany and Austria, IBM's warranty and liability for the Excluded Components is governed only by the respective terms applicable for Germany and Austria in the IBM license agreements. Notices and important information that IBM is required to provide to You with respect to the Excluded Components, including instructions for obtaining source code for certain Excluded Components, may be found in the NOTICES file(s) that accompanies the Program. Your use of the Excluded Components is governed by the terms of the Agreement and not by any terms that may be contained in the NOTICES file(s). The terms contained in the Agreement are offered by IBM and not by any other party. Future Program updates or fixpacks may contain additional Excluded Components. Such additional Excluded Components, and related notices and information, if any, will be listed in another NOTICES file that accompanies the Program update or fixpack. The following are Excluded Components: 1 Apache Ant 1.6.5, 1.70 2 Apache Avalon 4.1.2 3 Apache Axis 1.0, 1.1, 1.3.0, 1.4.0, 1.2.1 (Base 64 only) 4 Apache Axis2 1.3 5 Apache Batik 1.6 (subset) 6 Apache Batik 1.6.0 7 Apache BCEL 5.0 8 Apache Cactus 1.7.2 9 Apache Commons CLI 1.0.0 10 Apache Commons Codec 1.3 (subset) 11 Apache Commons Collections 2.1.1 12 Apache Commons Discovery 0.2.0 13 Apache Commons EL 1.0 14 Apache Commons HTTP Client 2.0.2 15 Apache Commons IO 1.0.0 16 Apache Commons Logging 1.0.3, 1.0.4 17 Apache Commons Net 1.4.1 + NET-3 + NET-73 18 Apache Commons ORO 2.0.8 19 Apache Commons-beanutils 1.6, 1.6.1 20 Apache Commons-collections 1.1 dev 21 Apache Commons-collections 2.1 22 Apache Commons-digester 1.5 23 Apache Commons-fileupload 1.0 24 Apache Commons-lang 1.0.1 25 Apache Commons-logging 1.0.1 dev 26 Apache Commons-validator 1.0.2 27 Apache Derby 10.1, 10.3.1.4 28 Apache FOP/Avalon 2/27/2003 29 Apache Harmony (including Annotation, Beans, jndi, lang-management, logging, security, sql, java.util) 30 Apache jakarta-oro 2.0.6 31 Apache Log4J 1.2.13 32 Apache Log4J 1.2.4 33 Apache Lucene 1.9.1 (subset) 34 Apache Lucene 2.3.1 35 Apache RegExp 1.2 36 Apache SOAP 2.3 37 Apache Soap 2.3.1 38 Apache SOAP with Attachments API for Java (SAAJ) 1.2.0 39 Apache Struts 1.1, 1.2.9, 1.3.5 40 Apache taglibs-application 1.0.1 41 Apache taglibs-datetime 1.0.1 42 Apache taglibs-mailer 1.1 43 Apache taglibs-page 1.0.1 44 Apache taglibs-request 1.0.1 45 Apache taglibs-response 1.0.1 46 Apache taglibs-session 1.0.1 47 Apache taglibs-string 1.0.1 48 Apache taglibs-utility 1.0.1 49 Apache Tomcat 3.2.4 (Jasper Compiler) 50 Apache Tomcat 4.1.30 (subset) 51 Apache Tomcat 5.5.17 (Jasper Compiler) 52 Apache Tomcat 5.5.17 (Java Servlet APIs 2.4.0) 53 Apache Tomcat 5.5.17 (Java Servlet JSP APIs 2.0) 54 Apache Tomcat 6.0.14 55 Apache Tuscany SDO rev 563113 56 Apache XALAN 2.7 57 Apache Xalan-J 2.7.1 (subset) 58 Apache XERCES 4.4" 59 Apache Xerces-C 2.4.0 60 Apache Xerces-C 2.6 61 Apache Xerces-J 2.7, 2.9 62 Apache XML4J 63 Apache XML4J 4.3 64 Apache XML-APIS 1.3 65 ARM (Application Response Measurement) Java Binding 4.0 version 2 66 ASM 3.1 67 Cairo Binding 68 Cairo Library 1.0.2 69 Carbon Binding 70 Dojo 1.1 71 DOM 2 72 DOM SMIL Animation 1.0 Java Binding 73 DOM SVG Java 1.1 Binding 74 Eclipse 3.1.2, 3.4.0 75 Eclipse AspectJ Runtime 1.2.1 76 Eclipse AspectJ v1.2.1 77 Eclipse BIRT 2.2.1 78 Eclipse BIRT 2.3.0 79 Eclipse CDT 2.0.2 (subset), 4.0 80 Eclipse DTP 1.6.1 81 Eclipse ECF 2.0 (subset) 82 Eclipse EMF 2.0 83 Eclipse EMF 2.1.2 84 Eclipse EMF 2.2 (subset) 85 Eclipse EMF 2.2.4 (M200706070004) 86 Eclipse EMF 2.3 87 Eclipse EMF 2.4.0, 2.2.2 88 Eclipse EMF SDO 1.2.4 89 Eclipse EMF-Model Query 1.2.0 90 Eclipse EMF-Model Transaction 1.2.0 91 Eclipse EMFT Examples 1.0 92 Eclipse EMF-Validation Framework 1.2.0 93 Eclipse EPF 1.2.0.4 94 Eclipse Equinox (OSGi Services) 3.4.0 95 Eclipse GEF 3.3.1 96 Eclipse GEF 3.4.0 97 Eclipse GMF 2.1.1 98 Eclipse M2T-JET 0.9.0 99 Eclipse OCL 1.2.0 100 Eclipse Platform 3.x derivative classes 101 Eclipse Target Management 3.0 102 Eclipse TPTP 4.5.1 103 Eclipse UML2 2.2.0 104 Eclipse WTP 3.0.1 105 Eclipse XSD 2.4.0 106 Eclipse XSD v2.2.2 107 Enterprise MetaData Discovery V1.1 108 Firebug 1.2 109 FlexLM 11.5 110 Flute 1.3.0 111 Fop 0.20.5 112 FOP Transcoder 1.0 beta2 113 Geronimo 2.0.2 subset (JavaBeans Activation Framework 1.1, JavaMail 1.4) 114 Harmony 5.0 M6 subset (Verifier) 115 ICU4C 3.4.1 116 ICU4J 3.4.1, 3.8.1, 3.6 117 IETF UUIDs and GUIDs Internet Draft 2/4/1998 118 Independent JPEG Group's LIBJPEG Release 6b 119 iSpell Dictionaries 3.1.20 120 iText 1.5.4 121 J2EE related Schemas and DTD's 1.2,1.3,1.4,5.0 122 Java API for JavaServer Pages 2.0.0 123 Java API for XML-based RPC (JAX-RPC) 1. 1. 0 124 Java Mirror API 125 Java Persistence API schemas 1.0 126 Java Server Faces Schemas and DTDs 1.0,1.1,1.2 127 Java Servlet API 2.4.0 128 Java Ssh Applet 129 JavaCup v.10k 130 Jetty 5.1.14 131 JRPC Development Kit 132 JSch 0.1.37 133 JSTL 1.0.5 134 JSTL 1.1 135 JTidy 8.0 136 Jtidy R7 137 Jtopen 5.0 138 JUnit 3.8.1, 3..2, 4.3.1 139 LPG runtime 1.1 140 Mozilla Binding 141 MX4J 3.0.1 142 Oracle SQLJ 143 OSGi Materials 4.1.0 144 Pixman 0.1.6 145 Prototype JavaScript Framework 1.4 146 Putty 0.58 147 Retroweaver 1.2..3 148 Rhino 1.6 R7 149 SAT4J 2.0 (subset) 150 SAX 2.02 151 Simple API for CSS (SAC) 1.3.0 152 UDDI4J 2.0.3 153 UDDI4J 2.0.5 154 WALA 1.1 155 WSDL Schemas 156 WSDL4J 1.4 157 WSDL4J 1.5.1 158 WSIL4J 1.0.0 159 XHTML DTD's 1.1 160 XML-APIs 1.3.04 161 XML-Commons Resolver 1.2 162 XSLT4J Separately Licensed Code The provisions of this paragraph do not apply to the extent they are held to be invalid or unenforceable under the law that governs this license. Each of the components listed below is considered "Separately Licensed Code". IBM Separately Licensed Code is licensed to You under the terms of the applicable third party license agreement(s) set forth in the NON_IBM_LICENSE file(s) that accompanies the Program. Notwithstanding any of the terms in the Agreement, or any other agreement You may have with IBM, the terms of such third party license agreement(s) governs Your use of all Separately Licensed Code unless otherwise noted below. Future Program updates or fixpacks may contain additional Separately Licensed Code. Such additional Separately Licensed Code and related licenses are listed in another NON_IBM_LICENSE file that accompanies the Program update or fixpack. You acknowledge that You have read and agree to the license agreements contained in the NON_IBM_LICENSE file(s). If You do not agree to the terms of these third party license agreements, You may not use the Separately Licensed Code. For Programs acquired under the International Program License Agreement ("IPLA") or International Program License Agreement for Non Warranted Program ("ILAN") and You are the original licensee of the Program, if You do not agree with the third party license agreements, You may return the Program in accordance with the terms of, and within the specified time frames stated in, the "Money-back Guarantee" section of the IPLA or ILAN IBM Agreement. Note: Notwithstanding any of the terms in the third party license agreement, the Agreement, or any other agreement You may have with IBM: (a) IBM provides this Separately Licensed Code to You WITHOUT WARRANTIES OF ANY KIND; (b) IBM DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SEPARATELY LICENSED CODE; (c) IBM is not liable to You, and will not defend, indemnify, or hold You harmless for any claims arising from or related to the Separately Licensed Code; and (d) IBM is not liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages including, but not limited to, lost data, lost savings, and lost profits, with respect to the Separately Licensed Code. Notwithstanding these exclusions, in Germany and Austria, IBM's warranty and liability for the Separately Licensed Code is governed only by the respective terms applicable for Germany and Austria in IBM license agreements. Note: IBM may provide limited support for some Separately Licensed Code. If such support is available, the details and any additional terms related to such support will be set forth in the License Information document. The following are Separately Licensed Code: 1. BusinessObjects Crystal Reports for IBM Rational Software Architect and Rational Application Developer 2. BusinessObjects Crystal Reports Sever XI Release 2 3. Cairo Binding 4. Carbon Binding 5. Eclipse 3.4.0 Source 6. Eclipse EMF 2.4.0 Source 7. Eclipse EMF-Model Query 1.2.0 Source 8. Eclipse EMF-Model Transaction 1.2.0 Source 9. Eclipse EMF-Validation Framework 1.2.0 Source 10. Eclipse Equinox (OSGi Services) 3.4.0 Source 11. Eclipse GEF 3.4.0 Source 12. Eclipse GMF 2.1.1 Source 13. Eclipse M2T-JET 0.9.0 Source 14. Eclipse OCL 1.2.0 Source 15. Eclipse UML2 2.2.0 Source 16. Eclipse WTP 3.0.1 Source 17. Eclipse XSD 2.4.0 Source 18. EMFT Examples 1.0 Source 19. Enterprise Medata Discovery Specification Version 1.0 20. Enterprise MetaData Discovery V1.1 21. GNOME Binding 22. GTK+ Binding 23. GTK+ Binding for Mozilla 24. JUnit 3.8.1 25. JUnit 3.8.2 26. JUnit 4.3.1 27. LPG Runtime 1.1 28. Mozilla Binding 29. WAP DTD's 1.1,1.3 Redistribution Information If You have developed an application that is dependent upon the files or modules listed below or located in the directory named below, You may distribute these files or modules, subject to the following terms: 1) The files or modules must be in object code. 2) You will indemnify IBM or third parties that provide IBM products ("Third Parties") from and against any third party claim arising out of the use or distribution of Your application. 3) You may not use the same path name as the original files/modules. 4) You may not use IBM's or Third Parties' names or trademarks in connection with the marketing of Your applications without IBM's or Third Parties' prior written consent. 5) IBM or Third Parties provide copies of these files or modules "AS IS," i.e., You are responsible for all technical assistance for Your application. 6) In Your license agreement with the recipient, You will notify the recipient that these files or modules may not be 1) used for any purpose other than to enable the application, 2) copied (except for backup purposes), 3) further distributed, or 4) reverse assembled, reverse compiled, or otherwise translated. AjaxProxy.jar ajax-rt_1.X antlr.jar antlr-2.7.2.jar axis.jar axis-ant.jar bsf-2.3.0.jar com.ibm.etools.j2ee.ui_*.jar com.ibm.etools.tiles.resources_7.0.0*.jar com.ibm.jaxws.thinclient_6.1.0.jar com.ibm.jaxws.thinclient_7.0.0.jar com.ibm.rational.cdi.was.install_1.0.0.200808310213.jar com.ibm.rational.cdi.was.install_1.0.0.200809091500.jar com.ibm.ws.admin.client_6.1.0.jar com.ibm.ws.admin.client_7.0.0.jar com.ibm.ws.emf_2.0.0.jar com.ibm.ws.webservices.thinclient_6.1.0.jar com.ibm.ws.webservices.thinclient_7.0.0.jar commons-beanutils.jar commons-beanutils-1.7.0.jar commons-chain-1.1.jar commons-collections.jar commons-digester.jar commons-digester-1.8.jar commons-fileupload.jar commons-fileupload-1.1.1.jar commons-io-1.1.jar commons-lang.jar commons-logging.jar commons-logging-1.0.4.jar commons-validator.jar commons-validator-1.3.1.jar DocEditor.jar epi.jar epi-common.jar epi-portlet.jar icu4j_3_4_1.jar jakarta-oro.jar javax.wsdl_1.4.0.v200806030407.jar javax.wsdl_1.5.1.v200806030408.jar jdbcmediator.jar jdbcmediatorv51.jar jsf-ibm.jar jsf-portlet.jar jsf-portletbridge.jar jsf-portlettags.jar jsf-wp.jar jstl.jar jstl-1.0.2.jar marshall.jar messages*.properties odc-jsf.jar org.apache.wsil4j_1.0.0.v200806040330.jar org.uddi4j_2.0.5.v200805270300.jar oro-2.0.8.jar pbportlet.jar PortalStruts.jar PortalStrutsCommon.jar PortalStrutsTags.jar portlet-bp.jar portlet-cache.jar portlet-cv.jar pzncmresource.jar pznquery_src.jar pznresources.jar pznruntime.jar RichTextEditor.ear RichTextEditor.war RJCBRT.dll RJCBRT.jar rte.jar sdo_access_beans.jar sdo_access_beans_6.1.0.jar sdo_access_beans_p5.1.0.jar sdo_web.jar sdo_web_6.1.0.jar sdo_web_p5.1.0.jar sdo-property.jar standard.jar standard-1.0.2.jar struts.jar struts-bean.tld struts-blank.zip struts-config_1_0.dtd struts-config_1_1.dtd struts-config_1_2.dtd struts-config_1_3.dtd struts-cookbook.zip struts-core-1.3.8.jar struts-documentation.zip struts-el.zip struts-el-1.3.8.jar struts-examples.zip struts-extras-1.3.8.jar struts-faces-1.3.8.jar struts-faces-example1.zip struts-faces-example2.zip struts-html.tld struts-legacy.jar struts-logic.tld struts-mailreader.zip struts-mailreader-dao-1.3.8.jar struts-nested.tld struts-scripting-1.3.8.jar struts-taglib-1.3.8.jar struts-tiles.tld struts-tiles-1.3.8.jar StrutsUpdateForPortal.jar tiles-config.dtd tiles-config_1_1.dtd tiles-config_1_3.dtd tiles-documentation.zip validation_1_1.dtd validator-_1_0.dtd validator-_1_0_1.dtd validator-_1_1.dtd validator-_1_1_3.dtd validator-_1_2_0.dtd validator-_1_3_0.dtd validator-rules_1_1.dtd wastools.jar web-jpa.jar webserviceutils.jar wp.scheduler.ejb.jar wp.struts.standard.framework.jar wp.struts.tlds.common.jar wp.struts-commons-logging.jar wp-portlet-bp.jar wp-portlet-cv.jar wps.war wps_facade.war wps_xml.war Your application containing a copy of the above referenced files/modules must be labeled as follows: "CONTAINS Runtime Modules of IBM Rational Software Architect for WebSphere Software 7.5 (c) Copyright IBM Corporation 2000,2008 All Rights Reserved" Restricted Materials You may use any portion of the Program that IBM or third parties that provide IBM products a) provides in source form; or b) marks restricted (for example, "Restricted Materials of IBM"); or c) provides as sample code; only to 1) resolve problems related to the use of the Program; and 2) modify the Program so that it will work together with other products. The following are designated as restricted materials: 1. com.ibm.xtools.sample.soa.temperatureconverter\install\temperatureconvertersample.zip. 2. SDPShared\plugins\com.ib m.xtools.sample.ejb3.library.jar 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. You agree that such documentation and other Program content may be supplied only in the English language. Program-unique Terms Based upon the Program license obtained, You may use the Program as follows: License Type - Floating User License: You may utilize the Program, including installation of the Program on multiple clients or servers, provided that the total number of concurrent users does not exceed the total number of Floating User licenses obtained for the Program. You are required to provide a report of all Program use to IBM upon IBM's reasonable request. License Type - Authorized User License: An Authorized User License must be obtained for each individual user accessing the Program in any manner. Each Authorized User License is attributable to one and only one individual user. An Authorized User License may only be reassigned for the long-term replacement of personnel. A Program licensed under an Authorized User License may be installed on a single computer, and accessed by multiple users, provided that an Authorized User License has been obtained for each individual user. The Program may be installed and used on a server, provided that a separate Authorized User License is obtained for each individual user accessing the Program. You are required to provide a report of all Program use to IBM upon IBM's reasonable request. FIXED TERM LICENSE If you acquire the Program under a Fixed Term License the following terms apply: You may use the Program only for a limited period of time, called "Fixed Term". The Fixed Term will be specified in your PoE. At the end of the Fixed Term, Your authorization to use the Program terminates and You agree to discontinue use of the Program and destroy all copies of the Program. IBM may agree to extend the Fixed Term for an additional payment. If You wish to continue to use the Program beyond the Fixed Term, contact IBM or your Rational reseller prior to the expiration of the Fixed Term. MULTI-PROGRAM OFFERING Programs may be licensed as part of a 'suite' or a multi-program offering. The separate Programs comprising the suite or multi-program offering may not be used simultaneously by different users, and may be used by only one user at a time. If third party software is included with any Program, the third party software may not be separated from, or used independently of, the Program. IBM WEBSPHERE APPLICATION SERVER: WEBSPHERE APPLICATION SERVER: The Program is accompanied by multiple copies of WebSphere Application Server, including copies of WebSphere Application Server included in the Program's "unit test environment". You are authorized to install each component of these copies of the WebSphere Application Server on the same machine as the remainder of the Program for use by a single developer for purposes of "unit testing", which is limited to testing of code written or generated by such developer to confirm that such code functions as designed. You are not authorized to use copies of the WebSphere Application Server components installed and used under Unit Test Proofs of Entitlement for the following purposes: testing applications on servers separate from the developer's machine; or simulating production workloads or testing scalability of any code, application or system. The WebSphere Application Server components cannot be used for production purposes. CICS Transaction Gateway for Multiplatforms v7.1.0.x: You are authorized to install and use such LINUX and Microsoft Windows platform versions of CTG only for the purposes of internal evaluation or unit testing, which is limited to the testing of code written or generated by a developer to confirm that such code functions as designed. Such LINUX and Microsoft Windows platform versions of CTG : (i) may be installed on a machine which is separated from the Program; and (ii) are not authorized to be used for any production purpose. J2C TECHNOLOGY This program contains J2C connector technology. The following information applies: J2C TECHNOLOGY: COBOL Compiler Component Your copy of the Program contains J2C connector technology which includes IBM COBOL for Windows: COBOL Compiler Component. The COBOL compiler components contained in the Program are to be used only by the internal components of the Program, for the purpose of importing metadata for COBOL data structures. You may not use this code for production purposes. J2C TECHNOLOGY: PL/I Compiler Component Your copy of the Program contains J2C connector technology which includes IBM PL/I for Windows: PL/I Compiler Component. The PL/I compiler components contained in the Program are to be used only by the internal components of the Program, for the purpose of importing metadata for PL/I data structures. You may not use this code for production purposes. IMS: The Program contains separate JCA (Java Connector Architecture) 1.0 and JCA 1.5 versions of the IMS Resource Adapter (also known as IMS Connector for Java). You are authorized to use the resource adapter function solely for the purposes of writing or generating code. If you wish to unit test any code written or generated with the Program, you must have, as applicable, at least one valid IMS V9 license allowing use of the IMS V9 TM Resource Adapter or one valid IMS V10 license allowing use of the IMS V10 TM Resource Adapter. You are not authorized to use the IMS TM Resource Adapters supplied in the Program for production purposes. If you wish to use these IMS TM Resource Adapters for production purposes, refer to the IMS TM Resource Adapter Web site at www.ibm.com/ims. JCA: 1. The J2EE Connector Architecture (JCA) resource adapters supplied with the Program and packaged in the files named 'cicseci710x. rar', 'cicseci710xXA.rar', and the Java client classes supplied with the Program and packaged in the file named 'ctgclient.jar' may be freely distributed by licensed users of the Program. Licensed users who choose to distribute these client classes assume responsibility for the support and maintenance of the distributed classes. IBM's consent to such distribution is on the basis that licensed users of the Program are responsible for ensuring that: (i) no 'JAR' or 'RAR' file is modified from its original form; (ii) no 'JAR' or 'RAR' file is used other than within a Java environment supported by the Program; and (iii) all communication is to a CICS Transaction Gateway at the same or a higher release level than the version of the 'ctgclient.jar' or 'RAR' file. 2. A license to use the Program only allows use by a maximum of one simultaneous user on a desktop computer, for application development purposes only. It does not allow use of the Program in any production environment. If you wish to use the Program in a production environment, you must obtain a separate production license for the IBM CICS Transaction Gateway product. JRPC DEVELOPMENT KIT The following are certain rights and restrictions associated with the inclusion of the JRPC Development Kit Component in the Program. By installing the Program, you agree to the following terms and conditions: Program is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. Licensee warrants that it will not use the Program for such purposes. SAMPLES The Program may contain sample source code or programs, which illustrate programming techniques. You may copy, modify, and distribute these samples, or their modifications, in any form, internally or as part of your application or related documentation. These samples have not been tested under all conditions and are provided to you by IBM without obligation of support of any kind. IBM PROVIDES THESE SAMPLES "AS IS" SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED. IBM MAKES NO WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT REGARDING THESE SAMPLES OR TECHNICAL SUPPORT, IF ANY. You will indemnify IBM or third parties that provide IBM products ("Third Parties") from and against any third party claim arising out of the use, modification or distribution of these samples with your application. You may not use the same path name as the original files/modules. You must not alter or delete any copyright information in the Samples. UPDATING COMMON COMPONENTS Certain portions of this Program have been internally designated by IBM as common component(s) that may be shared between multiple IBM programs. You hereby acknowledge and agree that installation of this Program, future updates to this Program, or other IBM programs that use such common component(s) may cause the common component(s) to be updated across multiple IBM programs. WEBSPHERE PORTAL SERVER Your copy of the program may contain technology and components of the IBM WebSphere Portal Server. If it does, then any license terms that accompany such technology and/or components as modified by the following 2 paragraphs apply: The Portal technology and components contained in the Program may only be used by and in conjunction with the Program for the installation, configuration, management and administration of applications within a customer IT environment by the Program. The Portal technology and components may not be used as a portal interface or integration platform for any application other than the Program. For the given purpose, applications are provided an interface to the Program in the form of a portlet using the IBM WebSphere Portal technology. Service and support for the Portal technology and components under this Program license is provided only as it relates to use licensed with the Program. The Portal technology and components contained in the Program are installed only on the machine used by a single developer for purposes of "unit testing", which is limited to testing of code written or generated by such developer to confirm that such code functions as designed. The Portal technology and components contained in the Program cannot be used for production purposes. DISTRIBUTION OF JRE REDISTRIBUTABLES You may distribute the software listed below (the "JRE Redistributables") only in conjunction with Your application and subject to the following terms: (1) Your redistribution of the JRE Redistributables must be in object code and must comply with all technical and user directions provided with the Program; (2) Your application must redistribute other Redistributables identified in this license with the JRE Redistributables unless Your application is designed to run only on general computer devices (e.g., desktops and servers) and not pervasive devices; (3) You may not remove any copyright or notice files contained in the JRE Redistributables; (4)You will indemnify IBM or third parties that provide IBM products ("Third Parties") from and against any third party claim arising out of the use or distribution of Your application; (5) You may not use the same path name as the original files/modules; (6) You may not use IBM's or Third Parties' names or trademarks in connection with the marketing of Your applications without IBM's or Third Parties' prior written consent; and (7) IBM or Third Parties provide copies of these files or modules "AS IS," i.e., You are responsible for all technical assistance for Your application. In Your license agreement with the recipient, You will notify the recipient that these files or modules may not be 1) used for any purpose other than to enable Your application, 2) copied (except for backup purposes), 3) further distributed without Your application or 4) reverse assembled, reverse compiled, or otherwise translated. The JRE Redistributables software can be found in the following directory on the installation media: /jdk/jre WEBSPHERE ADAPTERS The Program contains the following IBM WebSphere Adapters: - IBM WebSphere Adapter for SAP Software - IBM WebSphere Adapter for Siebel Business Applications - IBM WebSphere Adapter for PeopleSoft Enterprise - IBM WebSphere Adapter for Oracle E-Business Suite - IBM WebSphere Adapter for JD Edwards EnterpriseOne (the "Adapters"). You are authorized to use the Adapter components only on the same machine as the Program and only in association with your licensed use of the Program. Separate IBM WebSphere Adapter authorization must be acquired to deploy Adapter software components to any software deployment server associated with the licensed use of the Program (e.g. WebSphere Application Server) irrespective of the usage or location of the software deployment server. With a "per establishment authorization" for an Adapter, you are permitted to deploy and run an unlimited number of the Adapter components with multiple software deployment servers supported by the Adapter, but only on machines owned or leased by you that are located at a single physical site, including the surrounding campus and satellite offices. A separate "per-application-instance" authorization is available for each Adapter. With a per-application-instance authorization, you are permitted to deploy and run an unlimited number of the Adapter components on a single instance of a software deployment server supported by that Adapter. RATIONAL APPLICATION DEVELOPER FOR WEBSPHERE SOFTWARE BUILD UTILITY Your copy of the Program contains a build utility tool called Rational Application Developer for WebSphere Software Build Utility ("Utility"). The Utility can be installed on multiple machines within your environment, but can only be used to build applications which have been developed using your licensed copy of the Program. D/N: L-KHUY-7GSNJJ P/N: L-KHUY-7GSNJJ