Sample Program License Agreement
BEFORE USING THESE DEVICE DRIVERS, (HEREINAFTER REFERRED TO AS THE
PROGRAM), YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS.
USING THE PROGRAM INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
The PROGRAM is licensed not sold. IBM grants you a license for the
PROGRAM only in the country where you acquired the PROGRAM. You obtain no
rights other than those granted you under this license. The term "PROGRAM"
means the original and all whole or partial copies of it, including
modified copies or portions merged into other programs. IBM retains the
title to the PROGRAM 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 only if you are a licensee of OS/2;
2) use the PROGRAM on only one machine at any one time;
3) copy the PROGRAM for backup or in order to modify it;
4) modify the PROGRAM and/or merge it into another program
as an essential utilization of the PROGRAM in conjunction
with your machine, and;
5) transfer the possession of the PROGRAM to another party.
If you transfer the PROGRAM, you must transfer a copy of this license, all
other documentation and at least one complete, unaltered copy of the
PROGRAM to the other party. You must, at the same time, either transfer
all you other copies of the PROGRAM to the other party or destroy them.
Your license is then terminated. The other party agrees to these terms and
conditions by its first use of the PROGRAM.
You must reproduce the copyright notice(s) on each copy, or partial copy,
of the PROGRAM.
Under this license, you may not:
1) use the PROGRAM unless you are a licensee of OS/2;
2) use, copy, modify, merge, or transfer copies of the PROGRAM
except as provided in this license;
3) reverse assemble or reverse compile the PROGRAM; or
4) sublicense, rent, lease, or assign the PROGRAM.
2. Warranty
THIS PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY (OR CONDITION) OF ANY
KIND. IBM DISCLAIMS ALL WARRANTIES (AND CONDITIONS) FOR THE PROGRAM,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow exclusions of implied warranties, so the
above exclusions may not apply to you.
3. Limitation of Remedies
IN NO EVENT WILL IBM BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS,
INCIDENTAL OR INDIRECT DAMAGES OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES,
EVEN IF IBM OR ITS AUTHORIZED SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN ADDITION, IBM WILL NOT BE LIABLE FOR ANY DAMAGES
CLAIMED BY YOU BASED ON ANY THIRD-PARTY CLAIM.
The above limitations of remedies also applies to any developer or supplier
of the PROGRAM. Such developer and/or supplier is an intended beneficiary
of this Section.
Some jurisdictions do not allow these limitations or exclusions, so they
may not apply to you.
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 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.