# IBM LICENSE AGREEMENT

## FOR IBM OPENDOC*, VERSION 1.2

BY DOWNLOADING THIS PROGRAM FROM THE INTERNET, YOU ARE ACCEPTING THE TERMS OF THE IBM INTERNATIONAL PROGRAM LICENSE AGREEMENT. YOU MUST ALSO INDICATE YOUR ACCEPTANCE IN ACCORDANCE WITH THE INSTRUCTIONS THAT ACCOMPANY THIS AGREEMENT. THOSE INSTRUCTIONS WILL INFORM YOU HOW TO TERMINATE THE INSTALLATION PROCESS IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT.

Additional Terms:

1. If you are acquiring the Program over the Internet, you may download or receive an electronic transmission of the Program to only one machine.
2. A hardcopy of this Agreement and the License Information can be obtained by printing from the enclosed files.
3. If the Program is downloaded from the Internet, the laws of the country in which the receiving computer is located govern this Agreement.

Online License Agreement & Copyright Information

- International Program License Agreement (IPLA) - full description of the license agreement
- License Information - runtime users may copy
- Accept these terms and agreements

*IBM is a registered trademark of International Business Machines Corporation
OpenDoc is a registered trademark of Apple Computer, Inc.

# IBM Program License Agreement

## for IBM OpenDoc, Version 1.2

Part 1 - General Terms

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. BY USING THE PROGRAM, YOU AGREE TO ABIDE BY THESE TERMS AND APPLICABE COPYRIGHT LAWS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY NOTIFY THE PROVIDER OF THE PROGRAM AND REQUEST A REFUND OF THE AMOUNT YOU PAID.

The Program is owned by International Business Machines Corporation or one of its subsidiaries (IBM) or an IBM supplier, and is copyrighted and licensed, not sold.

IBM grants you a nonexclusive license for the Program. If IBM grants you multiple licenses for the Program, the terms of this Agreement apply to each license. The term "Program" means the original program and all whole or partial copies of it, including portions merged into other programs. A Program consists of machine-readable instructions, audio/visual content (such as images, text, recordings, or pictures), and related license materials. This Agreement includes Part 1 - General Terms and Part 2 - Country Unique Terms. The terms of Part 2 may replace or modify those of Part 1. "License Information," which IBM provides for the Program, may contain additional terms regarding the Program. Any such additional terms are part of this Agreement.

1. License

Under this license, you may:

1. use the Program on only one machine at any one time as follows:
   1. for a program whose access is controlled by a license management tool, copies may be made and stored on machines under control of that tool, however, only the number of copies capable of being accessed at the same time are considered in use, and
   2. in all other cases the Program is in use on a machine when it is resident in memory or on the hard disk or other storage media device, however,
   3. when the Program is installed on a network server for distribution purposes, it is not considered in use;
2. copy the Program for backup;
3. merge the Program into another program. You must reproduce the copyright notice and any other legend of ownership on each copy, or partial copy, of the Program. You may use any portion of the Program IBM marks restricted (for example, "Restricted Materials of IBM") 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.

You may not:

1. use, copy, merge, or transfer the Program except as provided in this Agreement;
2. reverse assemble, reverse compile, or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver; or
3. sublicense, rent, or lease the Program.

Transfer of Rights and Obligations

You may transfer all your rights and obligations under a license for a Program to another party, unless IBM specifies otherwise in its License Information.

To transfer such rights and obligations, you must transfer a copy of this Agreement, the License Information, all other documentation (including proof of entitlement), and at least one complete, unaltered copy of the Program to the other party. Your license is then terminated.

A Program which IBM licenses in multiples of two or more (for example, as a pack) may only be transferred in its entirety. In this case, individual licenses may not be transferred.

2. Charges, Payment, and Taxes

Payment must be made to the party (either IBM or its reseller) from whom you acquired the Program. If you acquired the Program from IBM, you agree to pay as IBM specifies. If any authority imposes a duty, tax, levy or fee (excluding those based on IBM's net income) on the Program supplied by IBM under this Agreement, you agree to pay that amount as IBM specifies or supply appropriate exemption documentation.

You agree to notify IBM or its reseller and pay any applicable charges if you change the number of users or amount of resource authorized. IBM does not give refunds or credits for charges already due or paid.

3. Limited Warranty

For certain Programs IBM warrants that when they are used in the specified operating environment they will conform to their specifications. IBM does not warrant uninterrupted or error-free operation of a Program. The warranty period for a Program expires when its Program services are no longer available. IBM will specify in its License Information if a Program is warranted or not warranted.

During the warranty period warranty service is provided, without charge, through defect-related Program services. Program services are available for at least one year following a Program's general availability. Therefore, the duration of warranty service depends on when you obtain your license. If a Program does not function as warranted during the first year after you obtain your license, and IBM is unable to make it do so, you may return the Program to the party (either IBM or its reseller) from whom you acquired it and your money will be refunded. To be eligible, you must have acquired the Program while Program services (regardless of the remaining duration) were available for it.

THESE WARRANTIES 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.

These warranties give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusion or limitation may not apply to you. In that event such warranties are limited in duration to the warranty period. No warranties apply after that period.

4. Program Services

Defect-related Program services are provided for warranted Programs and for other selected Programs. If your reported problem can be reproduced in the specified operating environment, defect correction information, a restriction or a bypass will be issued. Program services are provided only for the unmodified portion of a current release of a Program. Information regarding how you may obtain Program services will be provided by the party (either IBM or its reseller) from whom you acquired the Program. The duration of Program services is specified in the License Information.

5. Patents and Copyrights

If a third party claims that a Program IBM provides to you infringes that party's patent or copyright, IBM will, at its expense, defend you against that claim and pay all costs, damages, and attorney's fees that a court finally awards, provided that you:

1. promptly notify IBM in writing of the claim and
2. allow IBM to control, and cooperate with IBM in, the defense and any related settlement negotiations. If such a claim is made or appears likely to be made, you agree to permit IBM to enable you to continue to use the Program, or to modify it, or replace it with one that is at least functionally equivalent. If IBM determines that none of these alternatives is reasonably available, you agree to return the Program to IBM on IBM's written request. IBM will then give you a credit for a one-time charge Program, provided its total charges have been paid. This is IBM's entire obligation to you regarding any claim of infringement. IBM has no obligation regarding any claim based on any of the following:
   1. your modification of a Program;
   2. the combination, operation, or use of a Program with any programs, data, or apparatus that IBM did not provide; or
   3. infringement by a non-IBM Program.

6. Limitation of Liability

Regardless of the basis on which you many be entitled to recover damages from IBM, for any claim (including fundamental breach, negligence, misrepresentation, or other tort), IBM's liability will only be for:

1. payments referred to in the patents and copyrights terms described above;
2. bodily injury (including death), and damage to real property and tangible personal property; and
3. the amount of any other actual direct damages or loss, up to the greater to the equivalent of U.S. $100,000 in your local currency or IBM's then generally available license charge for the Program.

IBM WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF IBM, OR ITS RESELLER, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU.

IBM will not be liable for:

1. loss of, or damage to, your records or data or
2. any damages claims by you based on any third party claim.

The limitation of liability also applies to any developer of a Program supplied to IBM. It is the maximum for which we are collectively responsible.

7. General

You may terminate your license at any time. If you do so, all your license rights regarding the Program are terminated. You may keep a copy of the Program in your archives. IBM may terminate your license if you fail to comply with the term of this Agreement. If IBM does so, all your license rights to the Program are terminates and you must destroy all your copies of it.

You agree to comply with all the applicable export laws and regulations.

Neither party may bring a legal action under this Agreement more than two years after the cause of action arose.

This Agreement is governed by the laws of the country in which you acquired the Program.

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# License Information

## for IBM OpenDoc, Version 1.2

IF YOU RECEIVED "IBM OPENDOC, VERSION 1.2" ON CDROM, THE FOLLOWING TERMS AND CONDITIONS APPLY TO THE CDROM AND ALL THE PROGRAMS AND DOCUMENTATION CONTAINED ON THE CDROM (HEREINAFTER COLLECTIVELY REFERRED TO AS THE "PROGRAM"). IF YOU RECEIVED THE "IBM OPENDOC, VERSION 1.2" PACKAGE ELECTRONICALLY, THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL PROGRAMS AND DOCUMENTATION YOU DOWNLOADED (HEREINAFTER COLLECTIVELY REFERRED TO AS THE "PROGRAM"). BEFORE YOU CONTINUE TO USE THE PROGRAM YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. CONTINUING TO USE THE PROGRAM INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST STOP USING THE PROGRAM AND EITHER:

1. RETURN THE PROGRAM TO IBM,
2. TRANSFER THE PROGRAM, PROVIDED THE TRANSFEREE AGREES TO BE BOUND IN ALL RESPECTS BY THIS LICENSE AGREEMENT, OR
3. DESTROY THE PROGRAM.

The PROGRAM is licensed, not sold. International Business Machines Corporation or the applicable IBM country organization (IBM) grants you a license for the PROGRAM only in the country where you acquired the PROGRAM. You obtain no right other than those granted you under this license. IBM owns or has licensed from the owner copyrights in the PROGRAM. You are responsible for the selection of the PROGRAM and for the installation of, use of, and results obtained from, the PROGRAM.

1. License

Under this license, you may:

1. use the Program on only one machine at any one time for the sole purpose of developing applications programs written to the operating system's application programming interface;
2. transfer the possession of the PROGRAM to another party; and
3. reproduce and distribute all portions of the PROGRAM, except the IBM OpenDoc Source Code, only as part of an application program written to the operating system's application interface, provided that you:
   1. agree to protect, indemnify, hold harmless and defend IBM, its subsidiaries and its suppliers from and against all legal proceeding, claims, lawsuits, damages, liabilities and expenses, including attorney's fees, arising out of or in connection with your reproduction and/or distribution of the PROGRAM and
   2. agree that the PROGRAM will not be exported outside the United States except as authorized by the United States Law and that the PROGRAM has been rightfully obtained outside of the United States and shall not be re-exported except as authorized by the laws of the United Stated and of the jurisdiction in which the PROGRAM was received.
4. use the IBM OpenDoc Source Code (those files identified in the files INSTALL\OD12OSR1 and INSTALL\OD12OSR2), for debugging and educational purposes only. This code may not be reproduced or distributed in any form.

Each copy and any portion of the PROGRAM or any derivative thereof, which is distributed to others in accordance with the terms of this license agreement must include a copyright notice as follows:"© Copyright (your company name) (year). All Rights Reserved."

Under this license, you may not:

1. use, copy, modify, merge, distribute or otherwise transfer copies of the PROGRAM except as specifically provided in this License Agreement;
2. sublicense, rent, lease, or assign the PROGRAM except as may be provided in this license;
3. reverse compile, reverse engineer or reverse assembly the PROGRAM provide in object code form; or
4. distribute the PROGRAM in any manner on a stand alone basis.

2. Warranty

THE PROGRAM IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. IBM DISCLAIMS ALL WARRANTIES FOR THE PROGRAM, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IBM DOES NOT WARRANT THAT THE PROGRAM SHALL NOT INFRINGE THE INTELLECTUAL PROPERTIES OF A THIRD PARTY.

3. Limitations of Remedies

IN NO EVENT WILL IBM BE LIABLE FOR ANY DAMAGE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SAVING, INCIDENTAL OR INDIRECT DAMAGES OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF IBM OR ITS AUTHORIZED SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ADDITION, IBM WILL NOT BE LIABLE FOR ANY DAMAGES BY YOU BASED ON ANY THIRD-PARTY CLAIM.

The above limitations of remedies also apply to any developer and/or supplier of the PROGRAM. Such developer and/or supplier is an intended beneficiary of this Section.

4. General

You may terminate your license at any time. IBM may terminate your license if you fail to comply with the terms and conditions of this license. In either event, you must destroy all your copies of the Program.

You are responsible for payment of any taxes, including personal property taxes, resulting from this license.

Neither party may bring an action, regardless of form, more than two years after the cause of the action arose.

If you acquire the PROGRAM in the United States, this license is governed by the laws of the State of New York. If you acquire the PROGRAM in Canada, this license is governed by the laws of the Province of Ontario. Otherwise, this license is governed by the laws of the country in which you acquired the PROGRAM.

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