Ta-triumph-adler LP 4036 User Manual download pdf (Page 4)

IBM PROGRAM LICENSE AGREEMENT

The device you have purchased contains one or more software programs ("programs") which belong to

international business machines corporation ("IBM"). This document defines the terms and conditions under

which the software is being licensed to you by IBM. If you do not agree with the terms and conditions of this

license, then within 14 days after your acquisition of the device you may return the device for a full refund. If

you do not so return the device within the 14 days, then you will be assumed to have agreed to these terms

and conditions.

The Programs are licensed not sold. IBM, or the applicable IBM country organization, grants you a license

for the Programs only in the country where you acquired the Programs. You obtain no rights other than those

granted you under this license.

The term "Programs" means the original and all whole or partial copies of it, including modified copies or

portions merged into other programs. IBM retains title to the Programs. IBM owns, or has licensed from the

owner, copyrights in the Programs.

1. License

Under this license, you may use the Programs only with the device on which they are installed and transfer

possession of the Programs and the device to another party.

If you transfer the Programs, you must transfer a copy of this license and any other documentation to the

other party. Your license is then terminated. The other party agrees to these terms and conditions by its first

use of the Program.

You may not:

1) use, copy, modify, merge, or transfer copies of the Program except as provided in this license;

2) reverse assemble or reverse compile the Program; or

3) sublicense, rent, lease, or assign the Program.

2. Limited Warranty

The Programs are provided "AS IS."

There are no other warranties covering the programs (or conditions), express or implied, including, but not

limited to, the implied warranties of merchantability and fitness for a particular purpose.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to

you.

3. Limitation of Remedies

IBM’s entire liability under this license is the following;

For any claim (including fundamental breach), in any form, related in any way to this license, IBM’s liability

will be for actual damages only and will be limited to the greater of:

a) the equivalent of U.S.$25,000 in your local currency; or

b) IBM’s then generally available license fee for the Program

This limitation will not apply to claims for bodily injury or damages to real or tangible personal property for

which IBM is legally liable.

IBM will not be liable for any lost profits, lost savings, or any incidental damages or other economic

consequential damages, even if IBM, or its authorized supplier, has been advised of the possibility of such

damages. IBM will not be liable for any damages claimed by you based on any third party claim. This

limitation of remedies also applies to any developer of Programs supplied to IBM. IBM’s and the developer’s

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Ta-triumph-adler LP 4036 User Manual Page 4