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lccpn21_license.txt
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lccpn21_license.txt
International License Agreement for Non-Warranted Programs
Part 1 - General Terms
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. IBM
WILL LICENSE THE PROGRAM TO YOU ONLY IF YOU FIRST ACCEPT THE TERMS OF
THIS AGREEMENT. BY USING THE PROGRAM YOU AGREE TO THESE TERMS. IF YOU
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE
UNUSED PROGRAM TO THE PARTY (EITHER IBM OR ITS RESELLER) FROM WHOM
YOU ACQUIRED IT TO RECEIVE 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.
The term "Program" means the original program and all whole or partial
copies of it. A Program consists of machine-readable instructions, its
components, data, audio-visual content (such as images, text,
recordings, or pictures), and related licensed materials.
This Agreement includes Part 1 - General Terms and Part 2 -
Country-unique Terms and is the complete agreement regarding the use
of this Program, and replaces any prior oral or written communications
between you and IBM. The terms of Part 2 may replace or modify those
of Part 1.
1. License
Use of the Program
IBM grants you a nonexclusive license to use the Program.
You may 1) use the Program to the extent of authorizations you have
acquired and 2) make and install copies to support the level of use
authorized, providing you reproduce the copyright notice and any other
legends of ownership on each copy, or partial copy, of the Program.
If you acquire this Program as a program upgrade, your authorization
to use the Program from which you upgraded is terminated.
You will ensure that anyone who uses the Program does so only in
compliance with the terms of this Agreement.
You may not 1) use, copy, modify, or distribute the Program except as
provided in this Agreement; 2) reverse assemble, reverse compile, or
otherwise translate the Program except as specifically permitted by
law without the possibility of contractual waiver; or 3) sublicense,
rent, or lease the Program.
Transfer of Rights and Obligations
You may transfer all your license rights and obligations under a Proof
of Entitlement for the Program to another party by transferring the
Proof of Entitlement and a copy of this Agreement and all
documentation. The transfer of your license rights and obligations
terminates your authorization to use the Program under the Proof of
Entitlement.
2. Proof of Entitlement
The Proof of Entitlement for this Program is evidence of your
authorization to use this Program and of your eligibility for future
upgrade program prices (if announced) and potential special or
promotional opportunities.
3. Charges and Taxes
IBM defines use for the Program for charging purposes and specifies it
in the Proof of Entitlement. Charges are based on extent of use
authorized. If you wish to increase the extent of use, notify IBM or
its reseller and pay any applicable charges. IBM does not give refunds
or credits for charges already due or paid.
If any authority imposes a duty, tax, levy or fee, excluding those
based on IBM's net income, upon the Program supplied by IBM under this
Agreement, then you agree to pay that amount as IBM specifies or
supply exemption documentation.
4. No Warranty
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, IBM
MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
REGARDING THE PROGRAM OR TECHNICAL SUPPORT, IF ANY. IBM MAKES NO
WARRANTY REGARDING THE CAPABILITY OF THE PROGRAM TO CORRECTLY PROCESS,
PROVIDE AND/OR RECEIVE DATE DATA WITHIN AND BETWEEN THE 20TH AND 21ST
CENTURIES.
The exclusion also applies to any of IBM's subcontractors, suppliers,
or program developers (collectively called "Suppliers").
Manufacturers, suppliers, or publishers of non-IBM Programs may
provide their own warranties.
5. Limitation of Liability
NEITHER IBM NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR
INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST
SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL
DAMAGES, EVEN IF IBM IS INFORMED OF THEIR POSSIBILITY. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY
NOT APPLY TO YOU.
6. General
Nothing in this Agreement affects any statutory rights of consumers
that cannot be waived or limited by contract.
IBM may terminate your license if you fail to comply with the terms of
this Agreement. If IBM does so, you must immediately destroy the
Program and all copies you made of it.
You agree to comply with applicable export laws and regulations.
Neither you nor IBM will bring a legal action under this Agreement
more than two years after the cause of action arose unless otherwise
provided by local law without the possibility of contractual waiver or
limitation.
Neither you nor IBM is responsible for failure to fulfill any
obligations due to causes beyond its control.
IBM does not provide program services or technical support, unless IBM
specifies otherwise.
The laws of the country in which you acquire the Program govern this
Agreement, except 1) in Australia, the laws of the State or Territory
in which the transaction is performed govern this Agreement; 2) in
Albania, Armenia, Belarus, Bosnia/Herzegovina, Bulgaria, Croatia,
Czech Republic, Georgia, Hungary, Kazakhstan, Kirghizia, Former
Yugoslav Republic of Macedonia (FYROM), Moldova, Poland, Romania,
Russia, Slovak Republic, Slovenia, Ukraine, and Federal Republic of
Yugoslavia, the laws of Austria govern this Agreement; 3) in the
United Kingdom, all disputes relating to this Agreement will be
governed by English Law and will be submitted to the exclusive
jurisdiction of the English courts; 4) in Canada, the laws in the
Province of Ontario govern this Agreement; and 5) in the United States
and Puerto Rico, and People's Republic of China, the laws of the State
of New York govern this Agreement.
Part 2 - Country-unique Terms
AUSTRALIA:
No Warranty (Section 4):
The following paragraph is added to this Section:
Although IBM specifies that there are no warranties, you may have
certain rights under the Trade Practices Act 1974 or other legislation
and are only limited to the extent permitted by the applicable
legislation.
Limitation of Liability (Section 5):
The following paragraph is added to this Section:
Where IBM is in breach of a condition or warranty implied by the Trade
Practices Act 1974, IBM's liability is limited to the repair or
replacement of the goods, or the supply of equivalent goods. Where
that condition or warranty relates to right to sell, quiet possession
or clear title, or the goods are of a kind ordinarily acquired for
personal, domestic or household use or consumption, then none of the
limitations in this paragraph apply.
GERMANY:
No Warranty (Section 4):
The following paragraphs are added to this Section:
The minimum warranty period for Programs is six months.
In case a Program is delivered without Specifications, we will only
warrant that the Program information correctly describes the Program
and that the Program can be used according to the Program information.
You have to check the usability according to the Program information
within the "money-back guaranty" period.
Limitation of Liability (Section 5):
The following paragraph is added to this Section:
The limitations and exclusions specified in the Agreement will not
apply to damages caused by IBM with fraud or gross negligence, and for
express warranty.
INDIA:
General (Section 6):
The following replaces the fourth paragraph of this Section:
If no suit or other legal action is brought, within two years after
the cause of action arose, in respect of any claim that either party
may have against the other, the rights of the concerned party in
respect of such claim will be forfeited and the other party will stand
released from its obligations in respect of such claim.
IRELAND:
No Warranty (Section 4):
The following paragraph is added to this Section:
Except as expressly provided in these terms and conditions, all
statutory conditions, including all warranties implied, but without
prejudice to the generality of the foregoing, all warranties implied
by the Sale of Goods Act 1893 or the Sale of Goods and Supply of
Services Act 1980 are hereby excluded.
ITALY:
Limitation of Liability (Section 5):
This Section is replaced by the following:
Unless otherwise provided by mandatory law, IBM is not liable for any
damages which might arise.
NEW ZEALAND:
No Warranty (Section 4):
The following paragraph is added to this Section:
Although IBM specifies that there are no warranties, you may have
certain rights under the Consumer Guarantees Act 1993 or other
legislation which cannot be excluded or limited. The Consumer
Guarantees Act 1993 will not apply in respect of any goods or services
which IBM provides, if you require the goods and services for the
purposes of a business as defined in that Act.
Limitation of Liability (Section 5):
The following paragraph is added to this Section:
Where Programs are not acquired for the purposes of a business as
defined in the Consumer Guarantees Act 1993, the limitations in this
Section are subject to the limitations in that Act.
PEOPLE'S REPUBLIC OF CHINA:
Charges (Section 3):
The following paragraph is added to the Section:
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.
UNITED KINGDOM:
Limitation of Liability (Section 5):
The following paragraph is added to this Section at the end of the
first paragraph:
The limitation of liability will not apply to any breach of IBM's
obligations implied by Section 12 of the Sales of Goods Act 1979 or
Section 2 of the Supply of Goods and Services Act 1982.
Z125-5589-01 (10/97)
LICENSE INFORMATION
The Programs listed below are licensed under the following terms and
conditions in addition to those of the International License Agreement
for Non-Warranted Programs.
Program Name: Lotus C++ API Toolkit for Notes/Domino
Program Number: C55SVNA
Authorization for Use on Home/Portable Computer: 1
EXPLANATIONS OF TERMS:
Authorization for Use on Home/Portable Computer:
"1" means that the Program may be stored on the primary machine and
another machine, provided that the Program is not in active use on
both machines at the same time.
"2" means that you may not copy and use this Program on another
computer without paying additional license fees.
Money-back Guarantee
If for any reason you are dissatisfied with the Program, return it
within 30 days from the invoice date, to the party (either IBM or its
reseller) from whom you acquired it, for a refund. This applies only
to your first acquisition of the Program.
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.
Redistribution Information
The files/modules listed below or located in the directory named
below, may be copied onto your media, in object code only, when your
application is dependent upon them, subject to the following terms and
conditions.
You agree:
1) that copies of these modules are provided 'AS IS'. You are
responsible for all technical assistance for your application;
2) to indemnify IBM from and against any third party claim arising out
of the use or distribution of your application;
3) not to use IBM's name or trademarks in connection with the
marketing of your applications without IBM's prior written consent;
4) to prohibit the recipient from copying (except for backup
purposes), reverse assembling, reverse compiling, or otherwise
translating the application; and
5) not to use the same path name as the original files/modules.
You may redistribute the shared library files that are contained in
the Lotus C++ API Toolkit for Notes/Domino that are required by your
application. The shared library files are located in
platform-specific subdirectories of the lib directory of the Lotus C++
API Toolkit for Notes/Domino, and have one of the following filename
extensions: .dll, .a, .so, or .sl.
Your application containing a copy of the above referenced
files/modules must be labeled as follows:
"CONTAINS
Lotus C++ API Toolkit for Notes/Domino
Runtime Modules
(c) Copyright IBM Corporation 2004
All Rights Reserved"
U.S. Government Users Restricted Rights
U.S. Government Users Restricted Rights - Use, duplication, or
disclosure restricted by the GSA ADP Schedule Contract with the IBM
Corporation.
D/N: L-JASH-5A4R8M
P/N: L-JASH-5A4R8M