If you are not familiar with the Aglets Software Development
Kit, please visit the home page of Aglets Software Development Kit.
Otherwise, please go on and read the fine prints before you download the software.
License agreement for the Aglets Software Development Kit Version 1.0 ("Program")
ADDITIONAL LICENSE TERMS The IBM International License Agreement
for non-Warranted Programs for the Aglets Software Development
Kit, specified below, is amended as following: The terms
and conditions regarding the Proof of Entitlement does not
apply to this Aglets Software Development Kit and IBM will
not provide you with a Proof of Entitlement. However, you
may use the Aglets Software Development Kit on only one
machine at any one time. Notwithstanding the section entitled
Transfer of Rights and Obligations, you may not transfer
your rights to the Aglets Software Development Kit to any
third party. All terms and conditions regarding charges
and payment do not apply to this Aglets Software Development Kit.
IBM 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, Federal Republic of Yugoslavia, Georgia, Hungary,
Kazakhstan, Kirghizia, Former Yugoslav Republic of Macedonia
(FYROM), Moldova, Poland, Romania, Russia, Slovak Republic,
Slovenia, and Ukraine, 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.
IBM International License Agreement for Non-Warranted Programs
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 or 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 *
Do you agree to the terms of the license agreement in the above?
YES I AGREE
NO - I DO NOT AGREE
Download Aglets Software Development Kit Version 1.0
