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Mote Runner

International License Agreement for Evaluation of Programs

  • -Firmware EULA

    IF YOU ARE A REPRESENTATIVE OF A NONPROFIT OR ACADEMIC INSTITUTION AND YOU ARE INTERESTED IN ACCESS TO THIS SOFTWARE FOR NON-COMMERCIAL, RESEARCH OR EDUCATIONAL PURPOSES ONLY, PLEASE CONTACT moterunner@zurich.ibm.com.

    International License Agreement for Early Release of Programs

    (Mote Runner Firmware Beta)

    Part 1 - General Terms

    THIS INTERNATIONAL LICENSE AGREEMENT FOR EARLY RELEASE OF PROGRAMS ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU AND IBM. 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.

    "Early Release" is a release of a Program that (1) may still be under development (and therefore, is potentially unreliable) or (2) may no longer be under development but has not been made commercially available to users.

    "IBM" is International Business Machines Corporation or one of its subsidiaries. "License Information" ("LI") is a document that provides information and terms specific to a Program. The Program's LI is provided at the end of this agreement.

    "Program" is one or more of the following, including the original and all whole or partial copies: 1) machine-readable instructions and data, 2) human readable software components, 3) audio- visual content (such as images, text, recordings, or pictures), 4) related licensed materials, 5) license use documents or keys, (6) associated documentation, and (7) any enhancements, updates or materials that IBM may elect in its discretion to provide to You as Support (as described below).

    "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 the License Information may replace or modify those of Part 1.

    1. License

    The Program is owned by IBM, and is copyrighted and licensed, not sold.

    IBM grants You a limited, nonexclusive, nontransferable license to use the Program during the evaluation period solely for internal testing and evaluation purposes and to provide feedback to IBM.

    You are not authorized to use the Program for productive purposes or to distribute the Program or any of its parts. You may not modify or create derivative works of the Program.

    You will 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, transfer or distribute the Program except as provided in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate the Program into human-readable form or into another program language (except as may be specifically permitted by law without the possibility of contractual waiver); 3) sublicense, rent, or lease the Program; or 4) use the Program on a service-bureau basis.

    This license does not entitle You to receive from IBM hard- copy documentation, support, telephone assistance, or enhancements or updates to the Program (collectively, "Support"), although IBM, at its sole discretion may choose to provide such Support. Any enhancements, updates and other materials provided by IBM as part of Support are considered to be part of the Program and therefore governed by this Agreement.

    2. Term

    The evaluation period begins when You agree to the terms of this Agreement and ends upon the earliest of 1) the end date (if any) specified in the License Information, or 2) the date on which IBM makes the program commercially available. Your license to the Program terminates at the end of the evaluation period, and You will destroy the Program within 10 days of the end of the evaluation period.

    There is no charge for Your use of the 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 the Program.

    3. Rights In Data

    You assign to IBM all right, title, and interest (including ownership of copyright) in any data, suggestions, or written materials that 1) are related to the Program and 2) You provide to IBM. If IBM requires it, You will sign an appropriate document to assign such rights. To the extent not otherwise covered by your grant under the first sentence of this Section 3, with respect to any idea, know-how, concept, technique, invention, discovery or improvement, whether or not patentable, related to the Program and that you provide to IBM, You grant to IBM a non- exclusive, irrevocable, unrestricted, worldwide and paid-up right and license to include the foregoing in any product or service, and to use, manufacture and market any such product or service, and to allow others to do any of the foregoing.

    4. No Warranty

    SUBJECT TO STATUTORY WARRANTIES, IF ANY, THAT CANNOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE 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.

    5. 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. 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 a total of U.S. $25,000 (or equivalent in local currency) for all claims in the aggregate. 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, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR
    3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.

    6. 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 or take any action with respect to the Program that violates applicable export control laws.
    4. You agree to allow International Business Machines Corporation and its subsidiaries to store and use Your business contact information, including names, business phone numbers, and business 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 acting on IBM's behalf, IBM Business Partners who promote, market, and support certain IBM products and services, and assignees of International Business Machines Corporation and its subsidiaries, for uses consistent with such business relationship.
    5. IBM does not warrant that any version of the Program that is formally released or made commercially available (if any) will be similar to, or compatible with, Early Release versions.
    6. 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.
    7. Neither You nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control.
    8. 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.
    9. You may not assign this Agreement, in whole or in part, without IBM's prior written consent. Any attempt to do so is void.

    7. Governing Law and Jurisdiction

    Governing Law

    Both You and IBM consent to the application of the laws of the country in which You obtain 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 obtain the Program license.

    Part 2 - Country-unique Terms

    AMERICAS

    ARGENTINA: Governing Law and Jurisdiction (Section 7): 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 and Jurisdiction (Section 7): 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 5): The following replaces item 1 in the first paragraph, second sentence 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 6): The following replaces the terms in item 8:

    8. 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 and Jurisdiction (Section 7): The phrase "the laws of the country in which You obtain the Program license" in the Governing Law subsection is replaced by the following:

    the laws in the Province of Ontario

    CHILE: Governing Law and Jurisdiction (Section 7): The following exception is added to this section:

    Any litigation arising from this Agreement will be settled exclusively by the Civil Courts of Justice of Santiago.

    ECUADOR: Governing Law and Jurisdiction (Section 7): The following exception is added to this section:

    Any litigation arising from this Agreement will be settled exclusively by the civil judges of Quito for executory or summary proceedings (as applicable).

    MEXICO: Governing Law and Jurisdiction (Section 7): The phrase "the laws of the country in which You obtain the Program license" in the Governing Law subsection is replaced by the following:

    the federal laws of the Republic of Mexico

    The following exception is added to this section:

    Any litigation arising from this Agreement w

    ill be settled exclusively by the courts located in Mexico City, Federal District.

    PERU: Limitation of Liability (Section 5): 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").

    The following exception is added to this section:

    Any litigation arising from this Agreement will be settled exclusively by the judges and tribunals of the judicial district of Lima, Cercado.

    UNITED STATES OF AMERICA: General (Section 6): 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 and Jurisdiction (Section 7): The phrase "the laws of the country in which You obtain 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

    Insert the following after the subsection entitled Jurisdiction

    Waiver of Jury Trial

    Each of us expressly waives any right to a jury trial in any proceeding directly or indirectly arising out of or relating to this Agreement.

    URUGUAY: Governing Law and Jurisdiction (Section 7): The following exception is added to this section:

    Any litigation arising from this Agreement will be settled exclusively by the courts of the city of Montevideo.

    VENEZUELA: Governing Law and Jurisdiction (Section 7): The phrase "the laws of the country in which You obtain the Program license" in the Governing Law subsection is replaced by the following:

    the laws of the Bolivarian Republic of Venezuela

    The following exception is added to this section:

    Any litigation arising from this Agreement will be settled exclusively by the courts of the metropolitan area of the city of Caracas.

    ASIA PACIFIC

    AUSTRALIA: No Warranty (Section 4): 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 5): 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 and Jurisdiction (Section 7): The phrase "the laws of the country in which You obtain the Program license" in the Governing Law subsection is replaced by the following:

    the laws of the State or Territory in which the You obtain the Program license. CAMBODIA, LAOS, and VIETNAM: Governing Law and Jurisdiction (Section 7): The phrase "the laws of the country in which You obtain 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 and Jurisdiction (Section 7): The phrase "the laws of the country in which You obtain 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 5): The following replaces the terms of items 1 and 2 of the first paragraph, second sentence:

    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 6): The following replaces the terms of item 6:

    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 and Jurisdiction (Section 7): 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 6): The following is inserted after item 6: 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 5): The word "SPECIAL" in item 2 is deleted.

    NEW ZEALAND: No Warranty (Section 4): 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 5): The following is added:

    Where Programs are not obtained 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 and Jurisdiction (Section 7): The phrase "the laws of the country in which You obtain 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 5): The following replaces the terms of item 2:

    2. special (including nominal and exemplary damages), moral, incidental, or indirect damages or for any economic consequential damages; or

    Governing Law and Jurisdiction (Section 7): 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 5): The words "SPECIAL" and "ECONOMIC" are deleted from item 2.

    General (Section 6): The following replaces the terms of item 8:

    3. Subject to the rights provided to IBM's suppliers and Program developers as provided in Section 5 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 3): In EMEA, the following replaces the terms of this section in their entirety:

    You assign to IBM all right, title, and interest throughout the world (including ownership of copyright) in any data, suggestions, and written materials that 1) are 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. With respect to any idea, know-how, concept, technique, invention, discovery or improvement, whether or not patentable, related to the Program and made by You or Your employees during the term of the evaluation, You grant to IBM a non- exclusive, irrevocable, unrestricted, worldwide and paid-up right and license to include the foregoing in any product or service, and to use, manufacture and market any such product or service, and to allow others to do any of the foregoing. Neither party will charge the other for rights in data or any work performed as a result of this Agreement.

    No Warranty (Section 4): 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 4.

    Limitation of Liability (Section 5): In Austria, Belgium, Denmark, Finland, France, 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 not to exceed $25,000 in any event.

    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 and Jurisdiction (Section 7)

    Governing Law

    The phrase "the laws of the country in which You obtain the Program license" is replaced by:

    1) "the laws of Austria" in Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Former Yugoslav Republic of Macedonia-FYROM, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Moldavia, Poland, Romania, Russia, Serbia and Montenegro, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan; 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.

    The following is added to this section:

    Arbitration

    In Albania, Armenia, Azerbaijan, 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 6): 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 5): 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 6): The following replaces the terms of item 6:

    Any claims resulting from this Agreement are subject to a statute of limitation of three years.

    IRELAND: No Warranty (Section 4): 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 5): 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 $25,000. 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 6): 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 5): 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 6): The terms of item 6 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 6): 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: Limitation of Liability (Section 5): 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 15,000. 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.

    Z125-5544-03 (10/2005)

    LICENSE INFORMATION

    The Program listed below is licensed under the following terms and conditions in addition to those of the International License Agreement for Early Release of Programs.

    Program Name: Mote Runner Firmware Beta

    Specified Operating Environment

    The license is limited and specified for the use of the Program on the system on which the Program was delivered as preinstalled version. Updates provided by IBM may be used on systems designated in the update process.

    Evaluation Period

    The evaluation period begins on the date that You agree to the terms of this Agreement and ends after 24 months.

  • -Moterunner license code
    Part 1 - General Terms

    BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, CLICKING ON AN "ACCEPT" BUTTON, OR OTHERWISE USING THE PROGRAM, LICENSEE AGREES TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF LICENSEE, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND LICENSEE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS,

    • DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, CLICK ON AN "ACCEPT" BUTTON, OR USE THE PROGRAM; AND
    • PROMPTLY RETURN THE UNUSED MEDIA AND DOCUMENTATION TO THE PARTY FROM WHOM IT WAS OBTAINED. IF THE PROGRAM WAS DOWNLOADED, DESTROY ALL COPIES OF THE PROGRAM.
    1. Definitions

    "Authorized Use" - the specified level at which Licensee is authorized to execute or run the Program. That level may be measured by number of users, millions of service units ("MSUs"), Processor Value Units ("PVUs"), or other level of use specified by IBM in the "License Information" (see below).

    "IBM" - International Business Machines Corporation or one of its subsidiaries.

    "License Information" ("LI") - a document that provides information and any additional terms specific to a Program. The Program's LI can be found in the Program's directory, by the use of a system command, or as a booklet included with the Program.

    "Program" - the following, including the original and all whole or partial copies: 1) machine-readable instructions and data, 2) components, files, and modules, 3) audio-visual content (such as images, text, recordings, or pictures), and 4) related licensed materials (such as keys and documentation).

    2. Agreement Structure

    This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms (if any) and the LI and is the complete agreement between Licensee and IBM regarding the use of the Program. It replaces any prior oral or written communications between Licensee and IBM concerning Licensee's use of the Program. The terms of Part 2 may replace or modify those of Part 1. To the extent of any conflict, the LI prevails over both Parts.

    3. License Grant

    The Program is owned by IBM or an IBM supplier, and is copyrighted and licensed, not sold.

    IBM grants Licensee a limited, nonexclusive, nontransferable license to 1) download, install, and use the Program during the evaluation period up to the Authorized Use specified in the LI solely for internal evaluation, testing, or demonstration purposes on a trial basis; 2) make and install a reasonable number of copies to support such Authorized Use, and 3) make a backup copy, all provided that

    a. Licensee has lawfully obtained the Program and complies with the terms of this Agreement;

    b. the backup copy does not execute unless the backed-up Program cannot execute;

    c. Licensee reproduces all copyright notices and other legends of ownership on each copy, or partial copy, of the Program;

    d. Licensee maintains a record of all copies of the Program and ensures that anyone who uses the Program (accessed either locally or remotely) 1) does so only on Licensee's behalf and 2) complies with the terms of this Agreement;

    e. Licensee does not 1) use the Program for productive purposes or otherwise use, copy, modify, or distribute the Program except as expressly permitted in this Agreement; 2) reverse assemble, reverse compile, otherwise translate, or reverse engineer the Program, except as expressly permitted by law without the possibility of contractual waiver; 3) use any of the Program's components, files, modules, audio-visual content, or related licensed materials separately from that Program; 4) sublicense, rent, or lease the Program; or 5) use the Program for commercial application hosting; and

    f. if Licensee obtains this Program as a Supporting Program, Licensee uses this Program only to support the Principal Program and subject to any limitations in the license to the Principal Program, or, if Licensee obtains this Program as a Principal Program, Licensee uses all Supporting Programs only to support this Program, and subject to any limitations in this Agreement. For purposes of this Item "f," a "Supporting Program" is a Program that is part of another IBM Program ("Principal Program") and identified as a Supporting Program in the Principal Program's LI. (To obtain a separate license to a Supporting Program without these restrictions, Licensee should contact the party from whom Licensee obtained the Supporting Program.)

    This license applies to each copy of the Program that Licensee makes.

    3.1 Updates, Fixes, and Patches

    When Licensee obtains an update, fix, or patch to a Program, Licensee accepts any additional or different terms that are applicable to such update, fix, or patch that are specified in its LI. If no additional or different terms are provided, then the update, fix, or patch is subject solely to this Agreement. If the Program is replaced by an update, Licensee agrees to promptly discontinue use of the replaced Program.

    3.2 Term and Termination

    The evaluation period begins on the date Licensee agrees to the terms of this Agreement and ends upon the earliest of 1) the end of the duration or the date specified by IBM in either the License Information or a transaction document or 2) the date on which the Program automatically disables itself. Licensee will destroy the Program and all copies made of it within ten days of the end of the evaluation period. If IBM specifies in the LI that Licensee may retain the Program, and Licensee elects to do so, then the Program will be subject to a different license agreement, which IBM will provide to Licensee. In addition, a charge may apply.

    IBM may terminate Licensee's license if Licensee fails to comply with the terms of this Agreement. If the license is terminated for any reason by either party, Licensee agrees to promptly discontinue use of and destroy all of Licensee's copies of the Program. Any terms of this Agreement that by their nature extend beyond termination of this Agreement remain in effect until fulfilled, and apply to both parties' respective successors and assignees.

    THE PROGRAM MAY CONTAIN A DISABLING DEVICE THAT WILL PREVENT IT FROM BEING USED AFTER THE EVALUATION PERIOD ENDS. LICENSEE AGREES NOT TO TAMPER WITH THE DISABLING DEVICE OR THE PROGRAM. LICENSEE SHOULD TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT RESULT WHEN THE PROGRAM CAN NO LONGER BE USED.

    4. Charges

    There is no charge for the use of the Program for the duration of the evaluation period.

    5. No Warranties

    SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE PROGRAM OR SUPPORT, IF ANY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AND ANY WARRANTY OR CONDITION OF NON-INFRINGEMENT.

    SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM PERIOD REQUIRED BY LAW. NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. LICENSEE MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

    THE DISCLAIMERS AND EXCLUSIONS IN THIS SECTION 5 ALSO APPLY 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 SUPPORT OF ANY KIND, UNLESS IBM SPECIFIES OTHERWISE. IN SUCH EVENT, ANY SUPPORT PROVIDED BY IBM IS SUBJECT TO THE DISCLAIMERS AND EXCLUSIONS IN THIS SECTION 5.

    6. Licensee Data and Databases

    To assist Licensee in isolating the cause of a problem with the Program, IBM may request that Licensee 1) allow IBM to remotely access Licensee's system or 2) send Licensee information or system data to IBM. However, IBM is not obligated to provide such assistance unless IBM and Licensee enter a separate written agreement under which IBM agrees to provide to Licensee that type of support, which is beyond IBM's obligations in this Agreement. In any event, IBM uses information about errors and problems to improve its products and services, and assist with its provision of related support offerings. For these purposes, IBM may use IBM entities and subcontractors (including in one or more countries other than the one in which Licensee is located), and Licensee authorizes IBM to do so.

    Licensee remains responsible for 1) any data and the content of any database Licensee makes available to IBM, 2) the selection and implementation of procedures and controls regarding access, security, encryption, use, and transmission of data (including any personally-identifiable data), and 3) backup and recovery of any database and any stored data. Licensee will not send or provide IBM access to any personally-identifiable information, whether in data or any other form, and will be responsible for reasonable costs and other amounts that IBM may incur relating to any such information mistakenly provided to IBM or the loss or disclosure of such information by IBM, including those arising out of any third party claims.

    7. Limitation of Liability

    The limitations and exclusions in this Section 7 (Limitation of Liability) apply to the full extent they are not prohibited by applicable law without the possibility of contractual waiver.

    7.1 Items for Which IBM May Be Liable

    Circumstances may arise where, because of a default on IBM's part or other liability, Licensee is entitled to recover damages from IBM. Regardless of the basis on which Licensee is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM's entire liability for all claims in the aggregate arising from or related to each Program or otherwise arising under this Agreement will not exceed the amount of any 1) damages for bodily injury (including death) and damage to real property and tangible personal property and 2) other actual direct damages up to U.S. $10,000 (or equivalent in local currency).

    This limit also applies to any of IBM's Program developers and suppliers. It is the maximum for which IBM and its Program developers and suppliers are collectively responsible.

    7.2 Items for Which IBM Is Not Liable

    UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:

    a. LOSS OF, OR DAMAGE TO, DATA;

    b. SPECIAL, INCIDENTAL, EXEMPLARY, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR

    c. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.

    8. Compliance Verification

    For purposes of this Section 8 (Compliance Verification), "Evaluation Program Terms" means 1) this Agreement and applicable amendments and transaction documents provided by IBM, and 2) IBM software policies that may be found at the IBM Software Policy website (www.ibm.com/softwarepolicies), including but not limited to those policies concerning backup, sub-capacity pricing, and migration.

    The rights and obligations set forth in this Section 8 remain in effect during the period the Program is licensed to Licensee, and for two years thereafter.

    8.1 Verification Process

    Licensee agrees to create, retain, and provide to IBM and its auditors accurate written records, system tool outputs, and other system information sufficient to provide auditable verification that Licensee's use of all Programs is in compliance with the Evaluation Program Terms, including, without limitation, all of IBM's applicable licensing and pricing qualification terms. Licensee is responsible for 1) ensuring that it does not exceed its Authorized Use, and 2) remaining in compliance with Evaluation Program Terms.

    Upon reasonable notice, IBM may verify Licensee's compliance with Evaluation Program Terms at all sites and for all environments in which Licensee uses (for any purpose) Programs subject to Evaluation Program Terms. Such verification will be conducted in a manner that minimizes disruption to Licensee's business, and may be conducted on Licensee's premises, during normal business hours. IBM may use an independent auditor to assist with such verification, provided IBM has a written confidentiality agreement in place with such auditor.

    8.2 Resolution

    IBM will notify Licensee in writing if any such verification indicates that Licensee has used any Program in excess of its Authorized Use or is otherwise not in compliance with the Evaluation Program Terms. Licensee agrees to promptly pay directly to IBM the charges that IBM specifies in an invoice for 1) any such excess use, 2) support for such excess use for the lesser of the duration of such excess use or two years, and 3) any additional charges and other liabilities determined as a result of such verification.

    9. Third Party Notices

    The Program may include third party code that IBM, not the third party, licenses to Licensee under this Agreement. Notices, if any, for the third party code ("Third Party Notices") are included for Licensee's information only. These notices can be found in the Program's NOTICES file(s). Information on how to obtain source code for certain third party code can be found in the Third Party Notices. If in the Third Party Notices IBM identifies third party code as "Modifiable Third Party Code," IBM authorizes Licensee to 1) modify the Modifiable Third Party Code and 2) reverse engineer the Program modules that directly interface with the Modifiable Third Party Code provided that it is only for the purpose of debugging Licensee's modifications to such third party code. IBM's service and support obligations, if any, apply only to the unmodified Program.

    10. General

    a. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.

    b. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.

    c. Licensee is prohibited from exporting the Program.

    d. Licensee authorizes International Business Machines Corporation and its subsidiaries (and their successors and assigns, contractors and IBM Business Partners) to store and use Licensee's business contact information wherever they do business, in connection with IBM products and services, or in furtherance of IBM's business relationship with Licensee.

    e. Each party will allow the other reasonable opportunity to comply before it claims that the other has not met its obligations under this Agreement. The parties will attempt in good faith to resolve all disputes, disagreements, or claims between the parties relating to this Agreement.

    f. Unless otherwise required by applicable law without the possibility of contractual waiver or limitation: 1) neither party will bring a legal action, regardless of form, for any claim arising out of or related to this Agreement more than two years after the cause of action arose; and 2) upon the expiration of such time limit, any such claim and all respective rights related to the claim lapse.

    g. Neither Licensee nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control.

    h. No right or cause of action for any third party is created by this Agreement, nor is IBM responsible for any third party claims against Licensee, except as permitted in Subsection 7.1 (Items for Which IBM May Be Liable) above for bodily injury (including death) or damage to real or tangible personal property for which IBM is legally liable to that third party.

    i. In entering into this Agreement, neither party is relying on any representation not specified in this Agreement, including but not limited to any representation concerning: 1) the performance or function of the Program, other than as expressly warranted in Section 5 (No Warranties) above; 2) the experiences or recommendations of other parties; or 3) any results or savings that Licensee may achieve.

    j. IBM has signed agreements with certain organizations (called "IBM Business Partners") to promote, market, and support certain Programs. IBM Business Partners remain independent and separate from IBM. IBM is not responsible for the actions or statements of IBM Business Partners or obligations they have to Licensee.

    k. The license and intellectual property indemnification terms of Licensee's other agreements with IBM (such as the IBM Customer Agreement) do not apply to Program licenses granted under this Agreement.

    11. Geographic Scope and Governing Law

    11.1 Governing Law

    Both parties agree to the application of the laws of the country in which Licensee obtained the Program license to govern, interpret, and enforce all of Licensee's and IBM's respective 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.

    11.2 Jurisdiction

    All rights, duties, and obligations are subject to the courts of the country in which Licensee obtained the Program license.

    Part 2 - Country-unique Terms

    For licenses granted in the countries specified below, the following terms replace or modify the referenced terms in Part 1. All terms in Part 1 that are not changed by these amendments remain unchanged and in effect. This Part 2 is organized as follows:

    • Multiple country amendments to Part 1, Section 11 (Governing Law and Jurisdiction);
    • Americas country amendments to other Agreement terms;
    • Asia Pacific country amendments to other Agreement terms; and
    • Europe, Middle East, and Africa country amendments to other Agreement terms.

    Multiple country amendments to Part 1, Section 11 (Governing Law and Jurisdiction)

    11.1 Governing Law

    The phrase "the laws of the country in which Licensee obtained the Program license" in the first paragraph of 11.1 Governing Law is replaced by the following phrases in the countries below:

    AMERICAS

    (1) In Canada: the laws in the Province of Ontario;

    (2) in Mexico: the federal laws of the Republic of Mexico;

    (3) in the United States, Anguilla, Antigua/Barbuda, Aruba, British Virgin Islands, Cayman Islands, Dominica, Grenada, Guyana, Saint Kitts and Nevis, Saint Lucia, Saint Maarten, and Saint Vincent and the Grenadines: the laws of the State of New York, United States;

    (4) in Venezuela: the laws of the Bolivarian Republic of Venezuela;

    ASIA PACIFIC

    (5) in Cambodia and Laos: the laws of the State of New York, United States;

    (6) in Australia: the laws of the State or Territory in which the transaction is performed;

    (7) in Hong Kong SAR and Macau SAR: the laws of Hong Kong Special Administrative Region ("SAR");

    (8) in Taiwan: the laws of Taiwan;

    EUROPE, MIDDLE EAST, AND AFRICA

    (9) in Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Former Yugoslav Republic of Macedonia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan: the laws of Austria;

    (10) in Algeria, Andorra, 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 and Futuna: the laws of France;

    (11) in Estonia, Latvia, and Lithuania: the laws of Finland;

    (12) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome and Principe, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe: the laws of England; and

    (13) in South Africa, Namibia, Lesotho, and Swaziland: the laws of the Republic of South Africa.

    11.2 Jurisdiction

    The following paragraph pertains to jurisdiction and replaces Subsection 11.2 (Jurisdiction) as it applies for those countries identified below:

    All rights, duties, and obligations are subject to the courts of the country in which Licensee obtained the Program license except that in the countries identified below all disputes arising out of or related to this Agreement, including summary proceedings, will be brought before and subject to the exclusive jurisdiction of the following courts of competent jurisdiction:

    AMERICAS

    (1) In Argentina: the Ordinary Commercial Court of the city of Buenos Aires;

    (2) in Brazil: the court of Rio de Janeiro, RJ;

    (3) in Chile: the Civil Courts of Justice of Santiago;

    (4) in Ecuador: the civil judges of Quito for executory or summary proceedings (as applicable);

    (5) in Mexico: the courts located in Mexico City, Federal District;

    (6) in Peru: the judges and tribunals of the judicial district of Lima, Cercado;

    (7) in Uruguay: the courts of the city of Montevideo;

    (8) in Venezuela: the courts of the metropolitan area of the city of Caracas;

    EUROPE, MIDDLE EAST, AND AFRICA

    (9) in Austria: the court of law in Vienna, Austria (Inner-City);

    (10) in Algeria, Andorra, Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea, France, French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte, Monaco, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis and Futuna: the Commercial Court of Paris;

    (11) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome and Principe, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe: the English courts;

    (12) in South Africa, Namibia, Lesotho, and Swaziland: the High Court in Johannesburg;

    (13) in Greece: the competent court of Athens;

    (14) in Israel: the courts of Tel Aviv-Jaffa;

    (15) in Italy: the courts of Milan;

    (16) in Portugal: the courts of Lisbon;

    (17) in Spain: the courts of Madrid; and

    (18) in Turkey: the Istanbul Central Courts and Execution Directorates of Istanbul, the Republic of Turkey.

    11.3 Arbitration

    The following paragraph is added as a new Subsection 11.3 (Arbitration) as it applies for those countries identified below. The provisions of this Subsection 11.3 prevail over those of Subsection 11.2 (Jurisdiction) to the extent permitted by the applicable governing law and rules of procedure:

    ASIA PACIFIC

    (1) In Cambodia, India, Indonesia, Laos, Philippines, and Vietnam:

    Disputes arising out of or in connection with this Agreement will be finally settled by arbitration which will be held in Singapore in accordance with the Arbitration Rules of Singapore International Arbitration Center ("SIAC Rules") then in effect. The arbitration award will be final and binding for the parties without appeal and will be in writing and set forth the findings of fact and the conclusions of law.

    The number of arbitrators will be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties will appoint a third arbitrator who will act as chairman of the proceedings. Vacancies in the post of chairman will be filled by the president of the SIAC. Other vacancies will be filled by the respective nominating party. Proceedings will 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 will be the sole arbitrator, provided that the arbitrator was validly and properly appointed.

    All proceedings will 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.

    (2) In the People's Republic of China:

    In case no settlement can be reached, the disputes will be submitted to China International Economic and Trade Arbitration Commission for arbitration according to the then effective rules of the said Arbitration Commission. The arbitration will take place in Beijing and be conducted in Chinese. The arbitration award will be final and binding on both parties. During the course of arbitration, this agreement will continue to be performed except for the part which the parties are disputing and which is undergoing arbitration.

    EUROPE, MIDDLE EAST, AND AFRICA

    (3) In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Former Yugoslav Republic of Macedonia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan:

    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.

    (4) 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.

    AMERICAS COUNTRY AMENDMENTS

    CANADA

    7.1 Items for Which IBM May Be Liable

    The following replaces Item 1 in the first paragraph of this Subsection 7.1 (Items for Which IBM May Be Liable):

    (1) damages for bodily injury (including death) and physical harm to real property and tangible personal property caused by IBM's negligence; and

    10. General

    The following replaces Item 10.h:

    h. No right or cause of action for any third party is created by this Agreement or any transaction under it, nor is IBM responsible for any third party claims against Licensee 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 to that third party.

    The following is added as Item 10.l:

    l. For purposes of this Item 10.l, "Personal Data" refers to information relating to an identified or identifiable individual made available by one of the parties, its personnel or any other individual to the other in connection with this Agreement. The following provisions apply in the event that one party makes Personal Data available to the other:

    (1) General

    (a) Each party is responsible for complying with any obligations applying to it under applicable Canadian data privacy laws and regulations ("Laws").

    (b) Neither party will request Personal Data beyond what is necessary to fulfill the purpose(s) for which it is requested. The purpose(s) for requesting Personal Data must be reasonable. Each party will agree in advance as to the type of Personal Data that is required to be made available.

    (2) Security Safeguards

    (a) Each party acknowledges that it is solely responsible for determining and communicating to the other the appropriate technological, physical and organizational security measures required to protect Personal Data.

    (b) Each party will ensure that Personal Data is protected in accordance with the security safeguards communicated and agreed to by the other.

    (c) Each party will ensure that any third party to whom Personal Data is transferred is bound by the applicable terms of this section.

    (d) Additional or different services required to comply with the Laws will be deemed a request for new services.

    (3) Use

    Each party agrees that Personal Data will only be used, accessed, managed, transferred, disclosed to third parties or otherwise processed to fulfill the purpose(s) for which it was made available.

    (4) Access Requests

    (a) Each party agrees to reasonably cooperate with the other in connection with requests to access or amend Personal Data.

    (b) Each party agrees to reimburse the other for any reasonable charges incurred in providing each other assistance.

    (c) Each party agrees to amend Personal Data only upon receiving instructions to do so from the other party or its personnel.

    (5) Retention

    Each party will promptly return to the other or destroy all Personal Data that is no longer necessary to fulfill the purpose(s) for which it was made available, unless otherwise instructed by the other or its personnel or required by law.

    (6) Public Bodies Who Are Subject to Public Sector Privacy Legislation

    For Licensees who are public bodies subject to public sector privacy legislation, this Item 10.l applies only to Personal Data made available to Licensee in connection with this Agreement, and the obligations in this section apply only to Licensee, except that: (1) section (2)(a) applies only to IBM; (2) sections (1)(a) and (4)(a) apply to both parties; and (3) section (4)(b) and the last sentence in (1)(b) do not apply.

    PERU

    7. Limitation of Liability

    The following is added to the end of this Section 7 (Limitation of Liability):

    Except as expressly required by law without the possibility of contractual waiver, Licensee and IBM intend that the limitation of liability in this Limitation of Liability section applies to damages caused by all types of claims and causes of action. If any limitation on or exclusion from liability in this section is held by a court of competent jurisdiction to be unenforceable with respect to a particular claim or cause of action, the parties intend that it nonetheless apply to the maximum extent permitted by applicable law to all other claims and causes of action.

    7.1 Items for Which IBM May Be Liable

    The following is added to the end of this Subsection 7.1:

    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

    10. General

    The following is added to Section 10 as Item 10.l:

    l. U.S. Government Users Restricted Rights - Use, duplication or disclosure is restricted by the GSA IT Schedule 70 Contract with the IBM Corporation.

    The following is added to Item 10.e:

    Each party waives any right to a jury trial in any proceeding arising out of or related to this Agreement.

    ASIA PACIFIC COUNTRY AMENDMENTS

    AUSTRALIA

    5. No Warranties

    The following is added to the first paragraph of Section 5 (No Warranties):

    Although IBM specifies that there are no warranties, Licensee 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.

    7.1 Items for Which IBM May Be Liable

    The following is added to Subsection 7.1 (Items for Which IBM May Be Liable):

    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 obtained for personal, domestic or household use or consumption, then none of the limitations in this paragraph apply.

    HONG KONG SAR, MACAU SAR, AND TAIWAN

    As applies to licenses obtained in Taiwan and the special administrative regions, phrases throughout this Agreement containing the word "country" (for example, "the country in which the original Licensee was granted the license" and "the country in which Licensee obtained the Program license") are replaced with the following:

    (1) In Hong Kong SAR: "Hong Kong SAR"

    (2) In Macau SAR: "Macau SAR" except in the Governing Law clause (Section 11.1)

    (3) In Taiwan: "Taiwan."

    INDIA

    7.1 Items for Which IBM May Be Liable

    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 Licensee for the individual Program that is the subject of the claim.

    10. General

    The following replaces the terms of Item 10.f:

    f. 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.

    INDONESIA

    3.2 Term and Termination

    The following is added to the last paragraph:

    Both parties waive the provision of article 1266 of the Indonesian Civil Code, to the extent the article provision requires such court decree for the termination of an agreement creating mutual obligations.

    JAPAN

    10. General

    The following is added as Item 10.l:

    l. Any doubts concerning this Agreement will be initially resolved between us in good faith and in accordance with the principle of mutual trust.

    MALAYSIA

    7.2 Items for Which IBM Is Not Liable

    The word "SPECIAL" in Item 7.2b is deleted.

    NEW ZEALAND

    5. No Warranties

    The following is added to the first paragraph of this Section 5 (No Warranties):

    Although IBM specifies that there are no warranties, Licensee 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 Licensee requires the goods for the purposes of a business as defined in that Act.

    7. Limitation of Liability

    The following is added:

    Where Programs are not obtained 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.

    PHILIPPINES

    7.2 Items for Which IBM Is Not Liable

    The following replaces the terms of Item 7.2b:

    b. special (including nominal and exemplary damages), moral, incidental, or indirect damages or for any economic consequential damages; or

    SINGAPORE

    7.2 Items for Which IBM Is Not Liable

    The words "SPECIAL" and "ECONOMIC" are deleted from Item 7.2b.

    10. General

    The following replaces the terms of Item 10.h:

    h. Subject to the rights provided to IBM's suppliers and Program developers as provided in Section 7 above (Limitation of Liability), a person who is not a party to this Agreement will have no right under the Contracts (Right of Third Parties) Act to enforce any of its terms.

    TAIWAN

    7.1 Items for Which IBM May Be Liable

    The following sentences are deleted:

    This limit also applies to any of IBM's subcontractors and Program developers. It is the maximum for which IBM and its subcontractors and Program developers are collectively responsible.

    EUROPE, MIDDLE EAST, AFRICA (EMEA) COUNTRY AMENDMENTS

    EUROPEAN UNION MEMBER STATES

    5. No Warranties

    The following is added to Section 5 (No Warranties):

    In the European Union ("EU"), consumers have legal rights under applicable national legislation governing the sale of consumer goods. Such rights are not affected by the provisions set out in this Section 5 (No Warranties).

    EU MEMBER STATES AND THE COUNTRIES IDENTIFIED BELOW

    Iceland, Liechtenstein, Norway, Switzerland, Turkey, and any other European country that has enacted local data privacy or protection legislation similar to the EU model.

    10. General

    The following replaces Item 10.d:

    (1) Definitions - For the purposes of this Item 10.d, the following additional definitions apply:

    (a) Business Contact Information - business-related contact information disclosed by Licensee to IBM, including names, job titles, business addresses, telephone numbers and email addresses of Licensee's employees and contractors. For Austria, Italy and Switzerland, Business Contact Information also includes information about Licensee and its contractors as legal entities (for example, Licensee's revenue data and other transactional information)

    (b) Business Contact Personnel - Licensee employees and contractors to whom the Business Contact Information relates.

    (c) Data Protection Authority - the authority established by the Data Protection and Electronic Communications Legislation in the applicable country or, for non-EU countries, the authority responsible for supervising the protection of personal data in that country, or (for any of the foregoing) any duly appointed successor entity thereto.

    (d) Data Protection & Electronic Communications Legislation - (i) the applicable local legislation and regulations in force implementing the requirements of EU Directive 95/46/EC (on the protection of individuals with regard to the processing of personal data and on the free movement of such data) and of EU Directive 2002/58/EC (concerning the processing of personal data and the protection of privacy in the electronic communications sector); or (ii) for non-EU countries, the legislation and/or regulations passed in the applicable country relating to the protection of personal data and the regulation of electronic communications involving personal data, including (for any of the foregoing) any statutory replacement or modification thereof.

    (e) IBM Group - International Business Machines Corporation of Armonk, New York, USA, its subsidiaries, and their respective Business Partners and subcontractors.

    (2) Licensee authorizes IBM:

    (a) to process and use Business Contact Information within IBM Group in support of Licensee including the provision of support services, and for the purpose of furthering the business relationship between Licensee and IBM Group, including, without limitation, contacting Business Contact Personnel (by email or otherwise) and marketing IBM Group products and services (the "Specified Purpose"); and

    (b) to disclose Business Contact Information to other members of IBM Group in pursuit of the Specified Purpose only.

    (3) IBM agrees that all Business Contact Information will be processed in accordance with the Data Protection & Electronic Communications Legislation and will be used only for the Specified Purpose.

    (4) To the extent required by the Data Protection & Electronic Communications Legislation, Licensee represents that (a) it has obtained (or will obtain) any consents from (and has issued (or will issue) any notices to) the Business Contact Personnel as are necessary in order to enable IBM Group to process and use the Business Contact Information for the Specified Purpose.

    (5) Licensee authorizes IBM to transfer Business Contact Information outside the European Economic Area, provided that the transfer is made on contractual terms approved by the Data Protection Authority or the transfer is otherwise permitted under the Data Protection & Electronic Communications Legislation.

    AUSTRIA

    7. Limitation of Liability

    The following is added:

    The following limitations and exclusions of IBM's liability do not apply for damages caused by gross negligence or willful misconduct.

    7.1 Items for Which IBM May Be Liable

    The following replaces the first sentence in the first paragraph:

    Circumstances may arise where, because of a default by IBM in the performance of its obligations under this Agreement or other liability, Licensee is entitled to recover damages from IBM.

    In the second sentence of the first paragraph, delete entirely the parenthetical phrase:

    "(including fundamental breach, negligence, misrepresentation, or other contract or tort claim)".

    7.2 Items for Which IBM Is Not Liable

    The following replaces Item 7.2b:

    b. indirect damages or consequential damages; or

    BELGIUM, FRANCE, ITALY, AND LUXEMBOURG

    7. Limitation of Liability

    The following replaces the terms of Section 7 (Limitation of Liability) in its entirety:

    Except as otherwise provided by mandatory law:

    7.1 Items for Which IBM May Be Liable

    IBM's entire liability for all claims in the aggregate 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 of EUR 500,000 (five hundred thousand euro).

    The above limitation will not apply to damages for bodily injuries (including death) and damages to real property and tangible personal property for which IBM is legally liable.

    7.2 Items for Which IBM Is Not Liable

    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, EXEMPLARY OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; AND / OR 3) LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES.

    7.3 Suppliers and Program Developers

    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.

    GERMANY

    7. Limitation of Liability

    The following replaces this Section 7 (Limitation of Liability) in its entirety:

    a. IBM will be liable without limit for 1) loss or damage caused by a breach of an express guarantee; 2) damages or losses resulting in bodily injury (including death); and 3) damages caused intentionally or by gross negligence.

    b. In the event of loss, damage and frustrated expenditures caused by slight negligence or in breach of essential contractual obligations, IBM will be liable, regardless of the basis on which Licensee is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), per claim only up to 500,000 euro for the Program that caused the loss or damage. A number of defaults which together result in, or contribute to, substantially the same loss or damage will be treated as one default.

    c. In the event of loss, damage and frustrated expenditures caused by slight negligence, IBM will not be liable for indirect or consequential damages, even if IBM was informed about the possibility of such loss or damage.

    d. In case of delay on IBM's part: 1) IBM will pay to Licensee an amount not exceeding the loss or damage caused by IBM's delay and 2) IBM will be liable only in respect of the resulting damages that Licensee suffers, subject to the provisions of Items a and b above.

    10. General

    The following replaces the provisions of 10.f:

    f. Any claims resulting from this Agreement are subject to a limitation period of three years, except as stated in Section 5 (No Warranties) of this Agreement.

    The following replaces the provisions of 10.h:

    h. No right or cause of action for any third party is created by this Agreement, nor is IBM responsible for any third party claims against Licensee, except (to the extent permitted in Section 7 (Limitation of Liability)) for: i) bodily injury (including death); or ii) damage to real or tangible personal property for which (in either case) IBM is legally liable to that third party.

    IRELAND

    5. No Warranties

    The following paragraph is added to the second paragraph of this Section 5 (No Warranties):

    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 or 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).

    IRELAND AND UNITED KINGDOM

    2. Agreement Structure

    The following sentence is added:

    Nothing in this paragraph shall have the effect of excluding or limiting liability for fraud.

    7.1 Items for Which IBM May Be Liable

    The following replaces the first paragraph of the Subsection:

    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 Licensee, whether in contract or in 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 by IBM in the performance of its obligations under this Agreement or other liability, Licensee is entitled to recover damages from IBM. Regardless of the basis on which Licensee is entitled to claim damages from IBM and except as expressly required by law without the possibility of contractual waiver, IBM's entire liability for any one Default will not exceed the amount of any direct damages, to the extent actually suffered by Licensee as an immediate and direct consequence of the Default, up to 500,000 euro (or the equivalent in local currency) for the Program that is the subject of the claim. Notwithstanding the foregoing, the amount of any damages for bodily injury (including death) and damage to real property and tangible personal property for which IBM is legally liable is not subject to such limitation.

    7.2 Items for Which IBM Is Not Liable

    The following replaces Items 7.2b and 7.2c:

    b. special, incidental, exemplary, or indirect damages or consequential damages; or

    c. wasted management time or lost profits, business, revenue, goodwill, or anticipated savings.

    Z125-5543-04 (12/2009)

    Mote Runner License Information (LI)

    The Programs listed below are licensed under the following terms and conditions in addition to those of the International License Agreement for Evaluation of Programs.

    Program Name: Mote Runner SDK
    Program Number: Beta 8

    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.

    SEPARATELY LICENSED CODE

    The provisions of this paragraph do not apply to the extent they are held to be invalid or unenforceable under the law that governs this license. Each of the components listed below is considered "Separately Licensed Code".

    Separately Licensed Code is licensed to you under the terms of the applicable third party license agreement(s) set forth in the NON_IBM_LICENSE file(s) that accompanies the Program. Notwithstanding any of the terms in the Agreement, or any other agreement you may have with IBM, the terms of such third party license agreement(s) governs your use of all Separately Licensed Code unless otherwise noted below.

    Future Program updates or fixpacks may contain additional Separately Licensed Code. Such additional Separately Licensed Code and related licenses are listed in another NON_IBM_LICENSE file that accompanies the Program update or fixpack. You acknowledge that You have read and agree to the license agreements contained in the NON_IBM_LICENSE file(s). If you do not agree to the terms of these third party license agreements, You may not use the Separately Licensed Code.

    Note: Notwithstanding any of the terms in the third party license agreement, the Agreement, or any other agreement you may have with IBM:

    (a) IBM provides this Separately Licensed Code to You WITHOUT WARRANTIES OF ANY KIND;

    (b) IBM DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SEPARATELY LICENSED CODE;

    (c) IBM is not liable to You, and will not defend, indemnify, or hold You harmless for any claims arising from or related to the Separately Licensed Code; and

    (d) IBM is not liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages including, but not limited to, lost data, lost savings, and lost profits, with respect to the Separately Licensed Code.

    Notwithstanding these exclusions, in Germany and Austria, IBM's warranty and liability for the Separately Licensed Code is governed only by the respective terms applicable for Germany and Austria in IBM license agreements.

    Note: IBM may provide limited support for some Separately Licensed Code. If such support is available, the details and any additional terms related to such support will be set forth in the License Information document.

The following are Separately Licensed Code

  • -V8 | BSD License

    TERMS AND CONDITIONS FOR SEPARATELY LICENSED CODE

    Mote Runner SDK

    The IBM license agreement and any applicable information on the web download page for IBM programs refers You to this file for details concerning terms and conditions applicable to code identified as Separately Licensed Code in the License Information document and included in the programs listed above. The "Separately Licensed Code" identified in the License Information document of the IBM license agreement is provided to You under terms and conditions that are different from the IBM license agreement. Your use of such components or portions thereof is subject to the terms of the associated license agreement provided or referenced in this section and not the terms of the IBM license agreement. Please note: This NON_IBM_LICENSE file may identify Separately Licensed Code and its related agreements that are not used by, or that were not shipped with, the Program as You installed it.

    The following are Separately Licensed Code:
    v8

    Copyright 2006-2009, Google Inc. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

    • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
    • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
    • Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

    THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

  • -Mono Cecil 0.9.5 | MIT License

    TERMS AND CONDITIONS FOR SEPARATELY LICENSED CODE

    Mote Runner SDK

    The IBM license agreement and any applicable information on the web download page for IBM programs refers You to this file for details concerning terms and conditions applicable to code identified as Separately Licensed Code in the License Information document and included in the programs listed above. The "Separately Licensed Code" identified in the License Information document of the IBM license agreement is provided to You under terms and conditions that are different from the IBM license agreement. Your use of such components or portions thereof is subject to the terms of the associated license agreement provided or referenced in this section and not the terms of the IBM license agreement. Please note: This NON_IBM_LICENSE file may identify Separately Licensed Code and its related agreements that are not used by, or that were not shipped with, the Program as You installed it.

    The following are Separately Licensed Code:
    cecil

    The MIT License

    Copyright (c) Jb Evain

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

  • -ACE 0.2 | MPL License
    TERMS AND CONDITIONS FOR SEPARATELY LICENSED CODE Mote Runner SDK

    The IBM license agreement and any applicable information on the web download page for IBM programs refers You to this file for details concerning terms and conditions applicable to code identified as Separately Licensed Code in the License Information document and included in the programs listed above.

    The "Separately Licensed Code" identified in the License Information document of the IBM license agreement is provided to You under terms and conditions that are different from the IBM license agreement. Your use of such components or portions thereof is subject to the terms of the associated license agreement provided or referenced in this section and not the terms of the IBM license agreement.

    Please note: This NON_IBM_LICENSE file may identify Separately Licensed Code and its related agreements that are not used by, or that were not shipped with, the Program as You installed it.

    The following are Separately Licensed Code:

    ace

    Licensed under the tri-license MPL/LGPL/GPL.

    MOZILLA PUBLIC LICENSE

    Version 1.1

    1. Definitions.

    1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code available to a third party.

    1.1. "Contributor" means each entity that creates or contributes to the creation of Modifications.

    1.2. "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.

    1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.

    1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data.

    1.5. "Executable" means Covered Code in any form other than Source Code.

    1.6. "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.

    1.7. "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.

    1.8. "License" means this document.

    1.8.1. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.

    1.9. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:

    A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.

    B. Any new file that contains any part of the Original Code or previous Modifications.

    1.10. "Original Code" means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.

    1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.

    1.11. "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.

    1.12. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.

    2. Source Code License.

    2.1. The Initial Developer Grant.

    The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:

    (a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and

    (b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).

    (c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.

    (d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.

    2.2. Contributor Grant.

    Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license

    (a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and

    (b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).

    (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code.

    (d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.

    3. Distribution Obligations.

    3.1. Application of License.

    The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.

    3.2. Availability of Source Code.

    Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.

    3.3. Description of Modifications.

    You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.

    3.4. Intellectual Property Matters

    (a) Third Party Claims.

    If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.

    (b) Contributor APIs.

    If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.

    (c) Representations.

    Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.

    3.5. Required Notices.

    You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.

    3.6. Distribution of Executable Versions.

    You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.

    3.7. Larger Works.

    You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.

    4. Inability to Comply Due to Statute or Regulation.

    If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.

    5. Application of this License.

    This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.

    6. Versions of the License.

    6.1. New Versions.

    Netscape Communications Corporation ("Netscape") may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.

    6.2. Effect of New Versions.

    Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Netscape. No one other than Netscape has the right to modify the terms applicable to Covered Code created under this License.

    6.3. Derivative Works.

    If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", "MPL", "NPL" or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the Mozilla Public License and Netscape Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)

    7. DISCLAIMER OF WARRANTY.

    COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.

    THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

    8. TERMINATION.

    8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.

    8.2. If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that:

    (a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.

    (b) any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.

    8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.

    8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.

    9. LIMITATION OF LIABILITY.

    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

    10. U.S. GOVERNMENT END USERS.

    The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.

    11. MISCELLANEOUS.

    This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions.

    With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

    Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.

    12. RESPONSIBILITY FOR CLAIMS.

    As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.

    13. MULTIPLE-LICENSED CODE.

    Initial Developer may designate portions of the Covered Code as "Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the NPL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.

    EXHIBIT A -Mozilla Public License.

    The contents of this file are subject to the Mozilla Public License Version 1.1 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.mozilla.org/MPL/

    Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.

    The Original Code is ______________________________________.

    The Initial Developer of the Original Code is ________________________.

    Portions created by ______________________ are Copyright (C) _____________________________. All Rights Reserved.

    Contributor(s): ______________________________________.

    Alternatively, the contents of this file may be used under the terms of the _____ license (the "[___] License"), in which case the provisions of [______] License are applicable instead of those above. If you wish to allow use of your version of this file only under the terms of the [____] License and not to allow others to use your version of this file under the MPL, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the [___] License. If you do not delete the provisions above, a recipient may use your version of this file under either the MPL or the [___] License."

    [NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.]

    GNU LESSER GENERAL PUBLIC LICENSE

    Version 3, 29 June 2007

  • -ASM 3.1.0 | BSD Style

    TERMS AND CONDITIONS FOR SEPARATELY LICENSED CODE

    Mote Runner SDK

    The IBM license agreement and any applicable information on the web download page for IBM programs refers You to this file for details concerning terms and conditions applicable to code identified as Separately Licensed Code in the License Information document and included in the programs listed above. The "Separately Licensed Code" identified in the License Information document of the IBM license agreement is provided to You under terms and conditions that are different from the IBM license agreement. Your use of such components or portions thereof is subject to the terms of the associated license agreement provided or referenced in this section and not the terms of the IBM license agreement. Please note: This NON_IBM_LICENSE file may identify Separately Licensed Code and its related agreements that are not used by, or that were not shipped with, the Program as You installed it.

    The following are Separately Licensed Code:
    asm

    Copyright (c) 2000-2005 INRIA, France Telecom

    All rights reserved.

    Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

    1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
    2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
    3. Neither the name of the copyright holders nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

    THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

  • -Jackson 1.6.2 | Apache v2 License

    TERMS AND CONDITIONS FOR SEPARATELY LICENSED CODE

    Mote Runner SDK

    The IBM license agreement and any applicable information on the web download page for IBM programs refers You to this file for details concerning terms and conditions applicable to code identified as Separately Licensed Code in the License Information document and included in the programs listed above. The "Separately Licensed Code" identified in the License Information document of the IBM license agreement is provided to You under terms and conditions that are different from the IBM license agreement. Your use of such components or portions thereof is subject to the terms of the associated license agreement provided or referenced in this section and not the terms of the IBM license agreement. Please note: This NON_IBM_LICENSE file may identify Separately Licensed Code and its related agreements that are not used by, or that were not shipped with, the Program as You installed it.

    The following are Separately Licensed Code:
    jackson

    Apache License
    Version 2.0, January 2004
    http://www.apache.org/licenses/

    TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

    1. Definitions.

      "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.

      "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

      "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

      "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.

      "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

      "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

      "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

      "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

      "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."

      "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

    2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

    3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

    4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:

      (a) You must give any other recipients of the Work or Derivative Works a copy of this License; and

      (b) You must cause any modified files to carry prominent notices stating that You changed the files; and

      (c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and

      (d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.

      You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

    5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.

    6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

    7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.

    8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

    9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

    END OF TERMS AND CONDITIONS

    APPENDIX: How to apply the Apache License to your work.

    To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.

    Copyright [yyyy] [name of copyright owner]

    Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

    http://www.apache.org/licenses/LICENSE-2.0

    Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

  • -JQuery 1.4.2 | MIT License

    TERMS AND CONDITIONS FOR SEPARATELY LICENSED CODE

    Mote Runner SDK

    The IBM license agreement and any applicable information on the web download page for IBM programs refers You to this file for details concerning terms and conditions applicable to code identified as Separately Licensed Code in the License Information document and included in the programs listed above. The "Separately Licensed Code" identified in the License Information document of the IBM license agreement is provided to You under terms and conditions that are different from the IBM license agreement. Your use of such components or portions thereof is subject to the terms of the associated license agreement provided or referenced in this section and not the terms of the IBM license agreement. Please note: This NON_IBM_LICENSE file may identify Separately Licensed Code and its related agreements that are not used by, or that were not shipped with, the Program as You installed it.

    The following are Separately Licensed Code:
    jquery

    Copyright (c) 2010 John Resig, http://jquery.com/

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

  • -JQuery UI 1.8.1 | MIT License

    TERMS AND CONDITIONS FOR SEPARATELY LICENSED CODE

    Mote Runner SDK

    The IBM license agreement and any applicable information on the web download page for IBM programs refers You to this file for details concerning terms and conditions applicable to code identified as Separately Licensed Code in the License Information document and included in the programs listed above. The "Separately Licensed Code" identified in the License Information document of the IBM license agreement is provided to You under terms and conditions that are different from the IBM license agreement. Your use of such components or portions thereof is subject to the terms of the associated license agreement provided or referenced in this section and not the terms of the IBM license agreement. Please note: This NON_IBM_LICENSE file may identify Separately Licensed Code and its related agreements that are not used by, or that were not shipped with, the Program as You installed it.

    The following are Separately Licensed Code:
    jquery-ui

    Copyright (c) 2009 Paul Bakaus, http://jqueryui.com/

    This software consists of voluntary contributions made by many individuals (AUTHORS.txt, http://jqueryui.com/about) For exact contribution history, see the revision history and logs, available at http://jquery-ui.googlecode.com/svn/

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

  • -JQuery Autocomplete 1.1.0 | MIT License

    TERMS AND CONDITIONS FOR SEPARATELY LICENSED CODE

    Mote Runner SDK

    The IBM license agreement and any applicable information on the web download page for IBM programs refers You to this file for details concerning terms and conditions applicable to code identified as Separately Licensed Code in the License Information document and included in the programs listed above. The "Separately Licensed Code" identified in the License Information document of the IBM license agreement is provided to You under terms and conditions that are different from the IBM license agreement. Your use of such components or portions thereof is subject to the terms of the associated license agreement provided or referenced in this section and not the terms of the IBM license agreement. Please note: This NON_IBM_LICENSE file may identify Separately Licensed Code and its related agreements that are not used by, or that were not shipped with, the Program as You installed it.

    The following are Separately Licensed Code:
    autocomplete

    The MIT License

    Copyright (c) 2009 Jörn Zaefferer

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

  • -JQuery Treeview 1.4.0 | MIT License

    TERMS AND CONDITIONS FOR SEPARATELY LICENSED CODE

    Mote Runner SDK

    The IBM license agreement and any applicable information on the web download page for IBM programs refers You to this file for details concerning terms and conditions applicable to code identified as Separately Licensed Code in the License Information document and included in the programs listed above. The "Separately Licensed Code" identified in the License Information document of the IBM license agreement is provided to You under terms and conditions that are different from the IBM license agreement. Your use of such components or portions thereof is subject to the terms of the associated license agreement provided or referenced in this section and not the terms of the IBM license agreement. Please note: This NON_IBM_LICENSE file may identify Separately Licensed Code and its related agreements that are not used by, or that were not shipped with, the Program as You installed it.

    The following are Separately Licensed Code:
    treeview

    The MIT License

    Copyright (c) 2009 Jörn Zaefferer

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

  • -JQuery AjaxUpload 3.9.0 | MIT License

    TERMS AND CONDITIONS FOR SEPARATELY LICENSED CODE

    Mote Runner SDK

    The IBM license agreement and any applicable information on the web download page for IBM programs refers You to this file for details concerning terms and conditions applicable to code identified as Separately Licensed Code in the License Information document and included in the programs listed above. The "Separately Licensed Code" identified in the License Information document of the IBM license agreement is provided to You under terms and conditions that are different from the IBM license agreement. Your use of such components or portions thereof is subject to the terms of the associated license agreement provided or referenced in this section and not the terms of the IBM license agreement. Please note: This NON_IBM_LICENSE file may identify Separately Licensed Code and its related agreements that are not used by, or that were not shipped with, the Program as You installed it.

    The following are Separately Licensed Code:
    ajaxupload

    Copyright (c) Andris Valums

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

  • -JQuery flot 0.6.0 | MIT License

    TERMS AND CONDITIONS FOR SEPARATELY LICENSED CODE

    Mote Runner SDK

    The IBM license agreement and any applicable information on the web download page for IBM programs refers You to this file for details concerning terms and conditions applicable to code identified as Separately Licensed Code in the License Information document and included in the programs listed above. The "Separately Licensed Code" identified in the License Information document of the IBM license agreement is provided to You under terms and conditions that are different from the IBM license agreement. Your use of such components or portions thereof is subject to the terms of the associated license agreement provided or referenced in this section and not the terms of the IBM license agreement. Please note: This NON_IBM_LICENSE file may identify Separately Licensed Code and its related agreements that are not used by, or that were not shipped with, the Program as You installed it.

    The following are Separately Licensed Code:
    flot

    Copyright (c) Ole Laursen

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

  • -JQuery jGrowl 1.4.2 | MIT License

    TERMS AND CONDITIONS FOR SEPARATELY LICENSED CODE

    Mote Runner SDK

    The IBM license agreement and any applicable information on the web download page for IBM programs refers You to this file for details concerning terms and conditions applicable to code identified as Separately Licensed Code in the License Information document and included in the programs listed above. The "Separately Licensed Code" identified in the License Information document of the IBM license agreement is provided to You under terms and conditions that are different from the IBM license agreement. Your use of such components or portions thereof is subject to the terms of the associated license agreement provided or referenced in this section and not the terms of the IBM license agreement. Please note: This NON_IBM_LICENSE file may identify Separately Licensed Code and its related agreements that are not used by, or that were not shipped with, the Program as You installed it.

    The following are Separately Licensed Code:
    jgrowl

    Copyright (c) Stan Lemon

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

  • -JQuery SVG/SVGAnim 1.4.3 | MIT License

    TERMS AND CONDITIONS FOR SEPARATELY LICENSED CODE

    Mote Runner SDK

    The IBM license agreement and any applicable information on the web download page for IBM programs refers You to this file for details concerning terms and conditions applicable to code identified as Separately Licensed Code in the License Information document and included in the programs listed above. The "Separately Licensed Code" identified in the License Information document of the IBM license agreement is provided to You under terms and conditions that are different from the IBM license agreement. Your use of such components or portions thereof is subject to the terms of the associated license agreement provided or referenced in this section and not the terms of the IBM license agreement. Please note: This NON_IBM_LICENSE file may identify Separately Licensed Code and its related agreements that are not used by, or that were not shipped with, the Program as You installed it.

    The following are Separately Licensed Code:
    svg

    Copyright (c) 2007 Keith Wood

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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