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OS/2 Collection - Online Library - January 1996
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CKITOS0196.ISO
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1994-09-09
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IBM End User Program License Agreement
This is an IBM license agreement for the executable program code portion
of IBM BookManager Library Reader/DOS, IBM SAA BookManager Library
Reader/OS2, or BookManager Library Reader for Windows, hereinafter
"Program", limited for use with selected publications specifically
prepared to permit READ access.
This is a license agreement and not an agreement for sale. IBM owns
copyrights in the Program. You obtain no rights other than the license
granted You by this Agreement. Title to the copy of the Program, and
any copy made from it, is retained by IBM. IBM licenses your use of
the Program only in the country in which it was acquired. You assume
all responsibility for the selection of the Program to achieve your
intended results and for the installation of, use of, and results
obtained from, the Program.
DEFINITIONS
The term "Program" means IBM BookManager(R) Library Reader (TM) for
Windows (TM), IBM BookManager(R) Library Reader(TM)/DOS or IBM SAA
BookManager(R) Library Reader(TM)/2, limited for use with publications
specifically stamped to enable them to be read by the IBM Library Reader
(TM).
LICENSE
You may:
- Use the Program solely for the purpose of reading those publications
distributed with the Program or other publications specifically
prepared to permit access.
- Make copies of the Program for distribution within your enterprise.
You shall reproduce and include the copyright notice(s) on all such
copies of the Program in whole or in part. You shall provide a copy
of this license to each person in your enterprise to whom you distribute
a copy.
You shall not:
- Modify the Program or merge it into another program;
- Transfer the Program outside of your enterprise;
- Copy, modify, merge, or transfer copies of the Program except as
provided in this Agreement;
- Reverse assemble or reverse compile the Program;
- Sub-license, rent, lease, or assign the Program or any copy of the
Program thereof; or
- Use the Program to read a softcopy book not authorized by IBM
YOU ARE NOT PERMITTED TO MAKE COPIES OF PUBLICATIONS OR PROVIDE ELECTRONIC
ACCESS TO PUBLICATIONS UNLESS PERMISSION IS SPECIFICALLY GRANTED.
DISCLAIMER OF WARRANTY
IBM does not warrant that the functions contained in the Program will
meet your requirements, or that the operation of the Program will be
uninterrupted or error free.
THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The entire risk
as to the quality and performance of the Program is with you.
Some states do not allow the exclusion of implied warranties, so the
above exclusion may not apply.
LIMITATION OF REMEDIES
In no event will IBM be liable for any lost profits, lost savings, or
any incidental damages or other economic consequential damages, even
if IBM has been advised of the possibility of such damages. IBM will
not be liable for any damages claimed by You based on any third party
claim.
Some jurisdictions do not allow these limitations or exclusions, so
they may not apply to You.
GENERAL
IBM BookManager(R) is a registered trademark and Library Reader (TM)
is a trademark of International Business Machines Corporation and any
references to the IBM BookManager Library Reader must be properly
identified as such.
Windows (TM) is a registered trademark of Microsoft Corporation and
any references to it must be properly identified as such.
You may terminate your license at any time by destroying all of your
copies of the Program or as otherwise described in this Agreement.
IBM may terminate your license if You fail to comply with the terms and
conditions of this Agreement. Upon such termination, You agree to
destroy all Your copies of the Program.
Any attempt to sub-license, rent, lease or assign, or except as expressly
provided herein, to transfer any copy of the Program is void.
No action, regardless of form, arising out of this Agreement may be brought
by either party more than two years after the cause of action has arisen
except for breach of the provisions of the Section entitled "LICENSE" in
which event four years shall apply.
If You acquired the Program in the United States, this license is governed
by the laws of the State of New York. If You acquired 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.
REVISED: 09/07/94