Add IBM-ILAR license for app-emulation/systemsim-cell

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+International License Agreement for Early Release 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.
+
+"Early Release" means that the Program is not formally released or
+commercially available. The term does not imply that the Program will be
+formally released or made commercially available. IBM does not warrant that
+should a Program be formally released or made commercially available that it
+will be similar to, or compatible with, Early Release versions.
+
+"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 or testing purposes,
+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, 2)
+when the Program automatically disables itself, or 3) when IBM makes the
+program commercially available. You will destroy the Program and all copies
+made of it within ten days of the end of the evaluation period. There is no
+charge for the use of Program for the duration of the evaluation period.
+
+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. Rights In Data
+
+You assign to IBM all right, title, and interest (including ownership of
+copyright) in any data, suggestions, and written materials that 1) is related
+to Your use of the Program and 2) You provide to IBM. If IBM requires it, You
+will sign an appropriate document to assign such rights. Neither party will
+charge the other for rights in data or any work performed as a result of this
+Agreement.
+
+3. 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.
+
+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 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.
+
+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: Limitation of Liability (Section 4): 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 5): 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 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: No Warranty (Section 3): 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 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: No Warranty (Section 3): 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 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: 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.
+
+EUROPE, MIDDLE EAST, AFRICA (EMEA)
+
+Rights in Data (Section 2): In EMEA, the following replaces the terms of this
+section in their entirety:
+
+You assign to IBM all rights, title, and interest throughout the world
+(including ownership of copyright) in any data, suggestions, and written
+materials that 1) is related to Your use of the Program and 2) You provide to
+IBM. Such assignment of rights includes, but is not limited to, assignment of
+the rights to prepare and have prepared derivative works of the written
+materials, and to use, have used, execute, reproduce, transmit, display,
+perform, transfer, distribute and license the written materials and such
+derivative works in any medium or distribution technology, and to grant others
+some or all of the rights granted herein, for the duration of all such rights,
+title and interest. If IBM requires it, You will sign an appropriate document
+to assign such rights. Neither party will charge the other for rights in data
+or any work performed as a result of this Agreement.
+
+No Warranty (Section 3): 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 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, Azerbeijan, 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 all disputes arising out of this Agreement or
+related to its interpretation or its execution, the law, and the courts of the
+capital city, of the country of Your registered office and/or commercial site
+location only 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, Azerbeijan, 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: 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: 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 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 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: No Warranty (Section 3): 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 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% 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 §§ 373-386
+of the Slovak Commercial Code.
+
+General (Section 5): 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 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: No Warranty (Section 3): 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 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)
+£75,000, or 2) 125% 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.
+
+Z125-5544-02 (11/2002)
+
+LICENSE INFORMATION
+
+The Programs listed below are licensed under the following terms and
+conditions in addition to those of the International License Agreement for
+Early Release of Programs.
+
+Program Name: alphaWorks Emerging Technology
+Program Number: 100608
+
+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.
+
+Evaluation Period
+
+The evaluation period begins on the date that you agree to the terms of this
+Agreement and ends after 90 days.
+
+
+D/N: L-APAL-5L22XX
+P/N: L-APAL-5L22XX