DB2 Personal Developer's Edition: Redistributable JDBC Type 4 Driver
International License Agreement for Non-Warranted Programs
Part 1 - General Terms
BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE
PROGRAM YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING
THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL
ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND
THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT
AGREE TO THESE TERMS,
- DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE PROGRAM; AND
- PROMPTLY RETURN THE PROGRAM AND PROOF OF ENTITLEMENT TO THE PARTY
FROM WHOM YOU ACQUIRED IT TO OBTAIN A REFUND OF THE AMOUNT YOU PAID. IF
YOU DOWNLOADED THE PROGRAM, CONTACT THE PARTY FROM WHOM YOU ACQUIRED
IT.
"IBM" is International Business Machines Corporation or one of its subsidiaries.
"License Information" ("LI") is a document that provides
information specific to a Program. The Program's LI is available at
http://www.ibm.com/software/sla/ . The LI may also be found in a file
in the Program's directory, by the use of a system command, or as a
booklet which accompanies the Program.
"Program" is the following, including the original and all whole or
partial copies: 1) machine-readable instructions and data, 2)
components, 3) audio-visual content (such as images, text, recordings,
or pictures), 4) related licensed materials, and 5) license use
documents or keys, and documentation.
A "Proof of Entitlement" ("PoE") is evidence of Your authorization
to use a Program at a specified level. That level may be measured, for
example, by the number of processors or users. The PoE is also evidence
of Your eligibility for future upgrade prices, if any, and potential
special or promotional opportunities. If IBM does not provide You with
a PoE, then IBM may accept the original paid sales receipt or other
sales record from the party (either IBM or its reseller) from whom You
acquired the Program, provided that it specifies the name of the
Program and the usage level acquired.
"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), License Information, and Proof of
Entitlement and is the complete agreement between You and IBM regarding
the use of the Program. It replaces any prior oral or written
communications between You and IBM concerning Your use of the Program.
The terms of Part 2 and License Information may replace or modify those
of Part 1. To the extent there is a conflict between the terms of this
Agreement and those of the IBM International Passport Advantage
Agreement, the terms of the latter agreement prevail.
1. Entitlement
License
The Program is owned by IBM or an IBM supplier, and is copyrighted and licensed, not sold.
IBM grants You a nonexclusive license to use the Program when You lawfully acquire it.
You may 1) use the Program up to the level of use specified in the
PoE and 2) make and install copies, including a backup copy, to support
such use. The terms of this license apply to each copy You make. You
will reproduce all copyright notices and all other legends of ownership
on each copy, or partial copy, of the Program.
If You acquire the Program as a program upgrade, after You install
the upgrade You may not use the Program from which You upgraded or
transfer it to another party.
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, or distribute the Program except
as provided in this Agreement; 2) reverse assemble, reverse compile, or
otherwise translate the Program except as specifically permitted by law
without the possibility of contractual waiver; or 3) sublicense, rent,
or lease the Program.
IBM may terminate Your license if You fail to comply with the terms
of this Agreement. If IBM does so, You must destroy all copies of the
Program and its PoE.
Money-back Guarantee
If for any reason You are dissatisfied with the Program and You are
the original licensee, You may obtain a refund of the amount You paid
for it, if within 30 days of Your invoice date You return the Program
and its PoE to the party from whom You obtained it. If You downloaded
the Program, You may contact the party from whom You acquired it for
instructions on how to obtain the refund.
Program Transfer
You may transfer a Program and all of Your license rights and
obligations to another party only if that party agrees to the terms of
this Agreement. When You transfer the Program, You must also transfer a
copy of this Agreement, including the Program's PoE. After the
transfer, You may not use the Program.
2. Charges
The amount payable for a Program license is a one-time charge.
One-time charges are based on the level of use acquired which is
specified in the PoE. IBM does not give credits or refunds for charges
already due or paid, except as specified elsewhere in this Agreement.
If You wish to increase the level of use, notify IBM or the party from whom You acquired it and pay any applicable charges.
If any authority imposes a duty, tax, levy or fee, excluding those
based on IBM's net income, upon the Program, then You agree to pay the
amount specified or supply exemption documentation. You are responsible
for any personal property taxes for the Program from the date that You
acquire it.
3. No Warranty
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, IBM
MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT, REGARDING THE PROGRAM OR TECHNICAL SUPPORT, IF ANY.
The exclusion also applies to any of IBM's Program developers and suppliers.
Manufacturers, suppliers, or publishers of non-IBM Programs may provide their own warranties.
IBM does not provide technical support, unless IBM specifies otherwise.
4. Limitation of Liability
Circumstances may arise where, because of a default on IBM's part
or other liability, You are entitled to recover damages from IBM. In
each such instance, regardless of the basis on which You may be
entitled to claim damages from IBM, (including fundamental breach,
negligence, misrepresentation, or other contract or tort claim), IBM is
liable for no more than 1) damages for bodily injury (including death)
and damage to real property and tangible personal property and 2) the
amount of any other actual direct damages up to the charges for the
Program that is the subject of the claim.
This limitation of liability also applies to IBM's Program
developers and suppliers. It is the maximum for which they and IBM are
collectively responsible.
UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR SUPPLIERS
LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:
1. LOSS OF, OR DAMAGE TO, DATA;
2. SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR
3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
5. General
1. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
2. In the event that any provision of this Agreement is held to be
invalid or unenforceable, the remaining provisions of this Agreement
remain in full force and effect.
3. You agree to comply with all applicable export and import laws and regulations.
4. You agree to allow IBM to store and use Your contact
information, including names, phone numbers, and e-mail addresses,
anywhere they do business. Such information will be processed and used
in connection with our business relationship, and may be provided to
contractors, Business Partners, and assignees of IBM for uses
consistent with their collective business activities, including
communicating with You (for example, for processing orders, for
promotions, and for market research).
5. Neither You nor IBM will bring a legal action under this
Agreement more than two years after the cause of action arose unless
otherwise provided by local law without the possibility of contractual
waiver or limitation.
6. Neither You nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control.
7. This Agreement will not create any right or cause of action for
any third party, nor will IBM be responsible for any third party claims
against You except, as permitted by the Limitation of Liability section
above, for bodily injury (including death) or damage to real or
tangible personal property for which IBM is legally liable.
6. Governing Law, Jurisdiction, and Arbitration
Governing Law
Both You and IBM consent to the application of the laws of the
country in which You acquired the Program license to govern, interpret,
and enforce all of Your and IBM's rights, duties, and obligations
arising from, or relating in any manner to, the subject matter of this
Agreement, without regard to conflict of law principles.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Jurisdiction
All of our rights, duties, and obligations are subject to the courts of the country in which You acquired the Program license.
Part 2 - Country-unique Terms
AMERICAS
ARGENTINA: Governing Law, Jurisdiction, and Arbitration (Section 6): The following exception is added to this section:
Any litigation arising from this Agreement will be settled
exclusively by the Ordinary Commercial Court of the city of Buenos
Aires.
BRAZIL: Governing Law, Jurisdiction, and Arbitration (Section 6): The following exception is added to this section:
Any litigation arising from this Agreement will be settled exclusively by the court of Rio de Janeiro, RJ.
CANADA: General (Section 5): The following replaces item 7:
7. This Agreement will not create any right or cause of action for
any third party, nor will IBM be responsible for any third party claims
against You except as permitted by the Limitation of Liability section
above for bodily injury (including death) or physical harm to real or
tangible personal property caused by IBM's negligence for which IBM is
legally liable."
Governing Law, Jurisdiction, and Arbitration (Section 6): The
phrase "the laws of the country in which You acquired the Program
license" in the Governing Law subsection is replaced by the following:
the laws in the Province of Ontario"
PERU: Limitation of Liability (Section 4): The following is added at the end of this section:
In accordance with Article 1328 of the Peruvian Civil Code, the
limitations and exclusions specified in this section will not apply to
damages caused by IBM's willful misconduct ("dolo") or gross negligence
("culpa inexcusable").
UNITED STATES OF AMERICA: General (Section 5): The following is added to this section:
U.S. Government Users Restricted Rights - Use, duplication or
disclosure restricted by the GSA ADP Schedule Contract with the IBM
Corporation.
Governing Law, Jurisdiction, and Arbitration (Section 6): The
phrase "the laws of the country in which You acquired the Program
license" in the Governing Law subsection is replaced by the following:
the laws of the State of New York, United States of America
ASIA PACIFIC
AUSTRALIA: No Warranty (Section 3): The following is added:
Although IBM specifies that there are no warranties, You may have
certain rights under the Trade Practices Act 1974 or other legislation
and are only limited to the extent permitted by the applicable
legislation.
Limitation of Liability (Section 4): The following is added:
Where IBM is in breach of a condition or warranty implied by the
Trade Practices Act 1974, IBM's liability is limited to the repair or
replacement of the goods, or the supply of equivalent goods. Where that
condition or warranty relates to right to sell, quiet possession or
clear title, or the goods are of a kind ordinarily acquired for
personal, domestic or household use or consumption, then none of the
limitations in this paragraph apply.
Governing Law, Jurisdiction, and Arbitration (Section 6): The
phrase "the laws of the country in which You acquired the Program
license" in the Governing Law subsection is replaced by the following:
the laws of the State or Territory in which You acquired the Program license
CAMBODIA, LAOS, and VIETNAM: Governing Law, Jurisdiction, and
Arbitration (Section 6): The phrase "the laws of the country in which
You acquired the Program license" in the Governing Law subsection is
replaced by the following:
the laws of the State of New York, United States of America
The following is added to this section:
Arbitration
Disputes arising out of or in connection with this Agreement shall
be finally settled by arbitration which shall be held in Singapore in
accordance with the Arbitration Rules of Singapore International
Arbitration Center ("SIAC Rules") then in effect. The arbitration award
shall be final and binding for the parties without appeal and shall be
in writing and set forth the findings of fact and the conclusions of
law.
The number of arbitrators shall be three, with each side to the
dispute being entitled to appoint one arbitrator. The two arbitrators
appointed by the parties shall appoint a third arbitrator who shall act
as chairman of the proceedings. Vacancies in the post of chairman shall
be filled by the president of the SIAC. Other vacancies shall be filled
by the respective nominating party. Proceedings shall continue from the
stage they were at when the vacancy occurred.
If one of the parties refuses or otherwise fails to appoint an
arbitrator within 30 days of the date the other party appoints its, the
first appointed arbitrator shall be the sole arbitrator, provided that
the arbitrator was validly and properly appointed.
All proceedings shall be conducted, including all documents
presented in such proceedings, in the English language. The English
language version of this Agreement prevails over any other language
version.
HONG KONG S.A.R. and MACAU S.A.R. of China: Governing Law,
Jurisdiction, and Arbitration (Section 6): The phrase "the laws of the
country in which You acquired the Program license" in the Governing Law
subsection is replaced by the following:
the laws of Hong Kong Special Administrative Region of China
INDIA: Limitation of Liability (Section 4): The following replaces the terms of items 1 and 2 of the first paragraph:
1) liability for bodily injury (including death) or damage to real
property and tangible personal property will be limited to that caused
by IBM's negligence; and 2) as to any other actual damage arising in
any situation involving nonperformance by IBM pursuant to, or in any
way related to the subject of this Agreement, IBM's liability will be
limited to the charge paid by You for the individual Program that is
the subject of the claim.
General (Section 5): The following replaces the terms of item 5:
If no suit or other legal action is brought, within three years
after the cause of action arose, in respect of any claim that either
party may have against the other, the rights of the concerned party in
respect of such claim will be forfeited and the other party will stand
released from its obligations in respect of such claim.
Governing Law, Jurisdiction, and Arbitration (Section 6): The following is added to this section:
Arbitration
Disputes arising out of or in connection with this Agreement shall
be finally settled by arbitration which shall be held in Bangalore,
India in accordance with the laws of India then in effect. The
arbitration award shall be final and binding for the parties without
appeal and shall be in writing and set forth the findings of fact and
the conclusions of law.
The number of arbitrators shall be three, with each side to the
dispute being entitled to appoint one arbitrator. The two arbitrators
appointed by the parties shall appoint a third arbitrator who shall act
as chairman of the proceedings. Vacancies in the post of chairman shall
be filled by the president of the Bar Council of India. Other vacancies
shall be filled by the respective nominating party. Proceedings shall
continue from the stage they were at when the vacancy occurred.
If one of the parties refuses or otherwise fails to appoint an
arbitrator within 30 days of the date the other party appoints its, the
first appointed arbitrator shall be the sole arbitrator, provided that
the arbitrator was validly and properly appointed.
All proceedings shall be conducted, including all documents
presented in such proceedings, in the English language. The English
language version of this Agreement prevails over any other language
version.
JAPAN: General (Section 5): The following is inserted after item 5:
Any doubts concerning this Agreement will be initially resolved
between us in good faith and in accordance with the principle of mutual
trust.
MALAYSIA: Limitation of Liability (Section 4): The word "SPECIAL" in item 2 of the third paragraph is deleted:
NEW ZEALAND: No Warranty (Section 3): The following is added:
Although IBM specifies that there are no warranties, You may have
certain rights under the Consumer Guarantees Act 1993 or other
legislation which cannot be excluded or limited. The Consumer
Guarantees Act 1993 will not apply in respect of any goods which IBM
provides, if You require the goods for the purposes of a business as
defined in that Act.
Limitation of Liability (Section 4): The following is added:
Where Programs are not acquired for the purposes of a business as
defined in the Consumer Guarantees Act 1993, the limitations in this
Section are subject to the limitations in that Act.
PEOPLE'S REPUBLIC OF CHINA: Charges (Section 2): The following is added:
All banking charges incurred in the People's Republic of China will
be borne by You and those incurred outside the People's Republic of
China will be borne by IBM.
Governing Law, Jurisdiction, and Arbitration (Section 6): The
phrase "the laws of the country in which You acquired the Program
license" in the Governing Law subsection is replaced by the following:
the laws of the State of New York, United States of America (except when local law requires otherwise)
PHILIPPINES: Limitation of Liability (Section 4): The following replaces the terms of item 2 of the third paragraph:
2. special (including nominal and exemplary damages), moral,
incidental, or indirect damages or for any economic consequential
damages; or
Governing Law, Jurisdiction, and Arbitration (Section 6): The following is added to this section:
Arbitration
Disputes arising out of or in connection with this Agreement shall
be finally settled by arbitration which shall be held in Metro Manila,
Philippines in accordance with the laws of the Philippines then in
effect. The arbitration award shall be final and binding for the
parties without appeal and shall be in writing and set forth the
findings of fact and the conclusions of law.
The number of arbitrators shall be three, with each side to the
dispute being entitled to appoint one arbitrator. The two arbitrators
appointed by the parties shall appoint a third arbitrator who shall act
as chairman of the proceedings. Vacancies in the post of chairman shall
be filled by the president of the Philippine Dispute Resolution Center,
Inc. Other vacancies shall be filled by the respective nominating
party. Proceedings shall continue from the stage they were at when the
vacancy occurred.
If one of the parties refuses or otherwise fails to appoint an
arbitrator within 30 days of the date the other party appoints its, the
first appointed arbitrator shall be the sole arbitrator, provided that
the arbitrator was validly and properly appointed.
All proceedings shall be conducted, including all documents
presented in such proceedings, in the English language. The English
language version of this Agreement prevails over any other language
version.
SINGAPORE: Limitation of Liability (Section 4): The words "SPECIAL"
and "ECONOMIC" are deleted from item 2 of the third paragraph.
General (Section 5): The following replaces the terms of item 7:
Subject to the rights provided to IBM's suppliers and Program
developers as provided in Section 4 above (Limitation of Liability), a
person who is not a party to this Agreement shall have no right under
the Contracts (Right of Third Parties) Act to enforce any of its terms.
EUROPE, MIDDLE EAST, AFRICA (EMEA)
No Warranty (Section 3): In the European Union, the following is added at the beginning of this section:
In the European Union, consumers have legal rights under applicable
national legislation governing the sale of consumer goods. Such rights
are not affected by the provisions of this Section 3.
Limitation of Liability (Section 4): In Austria, Denmark, Finland,
Greece, Italy, Netherlands, Norway, Portugal, Spain, Sweden and
Switzerland, the following replaces the terms of this section in its
entirety:
Except as otherwise provided by mandatory law:
1. IBM's liability for any damages and losses that may arise as a
consequence of the fulfillment of its obligations under or in
connection with this agreement or due to any other cause related to
this agreement is limited to the compensation of only those damages and
losses proved and actually arising as an immediate and direct
consequence of the non-fulfillment of such obligations (if IBM is at
fault) or of such cause, for a maximum amount equal to the charges You
paid for the Program.
The above limitation shall not apply to damages for bodily injuries
(including death) and damages to real property and tangible personal
property for which IBM is legally liable.
2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM DEVELOPERS,
LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:
1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR
FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY
ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE
DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED
SAVINGS.
3. The limitation and exclusion of liability herein agreed applies
not only to the activities performed by IBM but also to the activities
performed by its suppliers and Program developers, and represents the
maximum amount for which IBM as well as its suppliers and Program
developers, are collectively responsible.
Limitation of Liability (Section 4): In France and Belgium, the following replaces the terms of this section in its entirety:
Except as otherwise provided by mandatory law:
1. IBM's liability for any damages and losses that may arise as a
consequence of the fulfillment of its obligations under or in
connection with this agreement is limited to the compensation of only
those damages and losses proved and actually arising as an immediate
and direct consequence of the non-fulfillment of such obligations (if
IBM is at fault), for a maximum amount equal to the charges You paid
for the Program that has caused the damages.
The above limitation shall not apply to damages for bodily injuries
(including death) and damages to real property and tangible personal
property for which IBM is legally liable.
2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM DEVELOPERS,
LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:
1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR
FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY
ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE
DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED
SAVINGS.
3. The limitation and exclusion of liability herein agreed applies
not only to the activities performed by IBM but also to the activities
performed by its suppliers and Program developers, and represents the
maximum amount for which IBM as well as its suppliers and Program
developers, are collectively responsible.
Governing Law, Jurisdiction, and Arbitration (Section 6)
Governing Law
The phrase "the laws of the country in which You acquired the Program license" is replaced by:
1) "the laws of Austria" in Albania, Armenia, Azerbeijan, Belarus,
Bosnia-Herzegovina, Bulgaria, Croatia, Georgia, Hungary, Kazakhstan,
Kyrgyzstan, FYR Macedonia, Moldavia, Poland, Romania, Russia, Slovakia,
Slovenia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and FR
Yugoslavia;
2) "the laws of France" in Algeria, Benin, Burkina Faso,
Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo
Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea,
French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau,
Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte,
Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo,
Tunisia, Vanuatu, and Wallis & Futuna;
3) "the laws of Finland" in Estonia, Latvia, and Lithuania;
4) "the laws of England" in Angola, Bahrain, Botswana, Burundi,
Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia,
Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao
Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United
Arab Emirates, the United Kingdom, West Bank/Gaza, Yemen, Zambia, and
Zimbabwe; and
5) "the laws of South Africa" in South Africa, Namibia, Lesotho and Swaziland.
Jurisdiction
The following exceptions are added to this section:
1) In Austria the choice of jurisdiction for all disputes arising
out of this Agreement and relating thereto, including its existence,
will be the competent court of law in Vienna, Austria (Inner-City);
2) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea,
Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta,
Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome, Saudi
Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates,
West Bank/Gaza, Yemen, Zambia, and Zimbabwe all disputes arising out of
this Agreement or related to its execution, including summary
proceedings, will be submitted to the exclusive jurisdiction of the
English courts;
3) in Belgium and Luxembourg, all disputes arising out of this
Agreement or related to its interpretation or its execution, the law,
and the courts of the capital city, of the country of Your registered
office and/or commercial site location only are competent;
4) in France, Algeria, Benin, Burkina Faso, Cameroon, Cape Verde,
Central African Republic, Chad, Comoros, Congo Republic, Djibouti,
Democratic Republic of Congo, Equatorial Guinea, French Guiana, French
Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon,
Madagascar, Mali, Mauritania, Mauritius, Mayotte, Morocco, New
Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu,
and Wallis & Futuna all disputes arising out of this Agreement or
related to its violation or execution, including summary proceedings,
will be settled exclusively by the Commercial Court of Paris;
5) in Russia, all disputes arising out of or in relation to the
interpretation, the violation, the termination, the nullity of the
execution of this Agreement shall be settled by Arbitration Court of
Moscow;
6) in South Africa, Namibia, Lesotho and Swaziland, both of us
agree to submit all disputes relating to this Agreement to the
jurisdiction of the High Court in Johannesburg;
7) in Turkey all disputes arising out of or in connection with
this Agreement shall be resolved by the Istanbul Central (Sultanahmet)
Courts and Execution Directorates of Istanbul, the Republic of Turkey;
8) in each of the following specified countries, any legal claim
arising out of this Agreement will be brought before, and settled
exclusively by, the competent court of a) Athens for Greece, b) Tel
Aviv-Jaffa for Israel, c) Milan for Italy, d) Lisbon for Portugal, and
e) Madrid for Spain; and
9) in the United Kingdom, both of us agree to submit all disputes
relating to this Agreement to the jurisdiction of the English courts.
Arbitration
In Albania, Armenia, Azerbeijan, Belarus, Bosnia-Herzegovina,
Bulgaria, Croatia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, FYR
Macedonia, Moldavia, Poland, Romania, Russia, Slovakia, Slovenia,
Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and FR Yugoslavia all
disputes arising out of this Agreement or related to its violation,
termination or nullity will be finally settled under the Rules of
Arbitration and Conciliation of the International Arbitral Center of
the Federal Economic Chamber in Vienna (Vienna Rules) by three
arbitrators appointed in accordance with these rules.
The arbitration will be held in Vienna, Austria, and the official
language of the proceedings will be English. The decision of the
arbitrators will be final and binding upon both parties. Therefore,
pursuant to paragraph 598 (2) of the Austrian Code of Civil Procedure,
the parties expressly waive the application of paragraph 595 (1) figure
7 of the Code. IBM may, however, institute proceedings in a competent
court in the country of installation.
In Estonia, Latvia and Lithuania all disputes arising in connection
with this Agreement will be finally settled in arbitration that will be
held in Helsinki, Finland in accordance with the arbitration laws of
Finland then in effect. Each party will appoint one arbitrator. The
arbitrators will then jointly appoint the chairman. If arbitrators
cannot agree on the chairman, then the Central Chamber of Commerce in
Helsinki will appoint the chairman.
AUSTRIA: No Warranty (Section 3): The terms of this section are completely replaced by the following:
The following limited warranty applies if You have paid a charge to obtain the Program:
The warranty period is twelve months from the date of delivery. The
limitation period for consumers in action for breach of warranty is the
statutory period as a minimum.
The warranty for an IBM Program covers the functionality of the
Program for its normal use and the Program's conformity to its
specifications.
IBM warrants that when the Program is used in the specified
operating environment it will conform to its specifications. IBM does
not warrant uninterrupted or error-free operation of the Program or
that IBM will correct all Program defects. You are responsible for the
results obtained from the use of the Program.
The warranty applies only to the unmodified portion of the Program.
If the Program does not function as warranted during the warranty
period and the problem cannot be resolved with information available.
You may return the Program to the party from whom You acquired it and
receive a refund in the amount You paid. If You downloaded the Program,
You may contact the party from whom You acquired it to obtain the
refund.
This is our sole obligation to You, except as otherwise required by applicable statutory law.
General (Section 5): The following is added to item 4:
For purposes of this clause, contact information will also include
information about You as a legal entity, for example revenue data and
other transactional information.
GERMANY: No Warranty (Section 3): The same changes apply as those in No Warranty (Section 3) under Austria above.
Limitation of Liability (Section 4): The following paragraph is added to this Section:
The limitations and exclusions specified in this Section will not
apply to damages caused by IBM intentionally or by gross negligence.
General (Section 5): The following replaces the terms of item 5:
Any claims resulting from this Agreement are subject to a statute
of limitation of three years, except as stated in Section 3 (No
Warranty) of this Agreement.
HUNGARY: Limitation of Liability (Section 4): The following is added at the end of this section:
The limitation and exclusion specified herein shall not apply to
liability for a breach of contract damaging life, physical well-being,
or health that has been caused intentionally, by gross negligence, or
by a criminal act.
The parties accept the limitations of liability as valid provisions
and state that the Section 314.(2) of the Hungarian Civil Code applies
as the acquisition price as well as other advantages arising out of the
present Agreement balance this limitation of liability.
IRELAND: No Warranty (Section 3): The following is added to this section:
Except as expressly provided in these terms and conditions, or
section 12 of the Sale of Goods Act 1893 (as amended by the Sale of
Goods and Supply of Services Act 1980 ("the 1980 Act")), all conditions
and warranties (express or implied, statutory or otherwise) are hereby
excluded including, without limitation, any warranties implied by the
Sale of Goods Act 1893 as amended by the 1980 Act (including, for the
avoidance of doubt, section 39 of the 1980 Act).
Limitation of Liability (Section 4): The following replaces the terms of this section in its entirety:
For the purposes of this section, a "Default" means any act,
statement, omission, or negligence on the part of IBM in connection
with, or in relation to, the subject matter of an Agreement in respect
of which IBM is legally liable to You whether in contract or tort. A
number of Defaults which together result in, or contribute to,
substantially the same loss or damage will be treated as one Default
occurring on the date of occurrence of the last such Default.
Circumstances may arise where, because of a Default, You are
entitled to recover damages from IBM. This section sets out the extent
of IBM's liability and Your sole remedy.
1. IBM will accept unlimited liability for (a) death or personal
injury caused by the negligence of IBM, and (b) subject always to the
Items for Which IBM is Not Liable below, for physical damage to Your
tangible property resulting from the negligence of IBM.
2. Except as provided in item 1 above, IBM's entire liability for
actual damages for any one Default will not in any event exceed the
greater of 1) EUR 125,000, or 2) 125% of the amount You paid for the
Program directly relating to the Default. These limits also apply to
any of IBM's suppliers and Program developers. They state the maximum
for which IBM and such suppliers and Program developers are
collectively responsible.
Items for Which IBM is Not Liable
Save with respect to any liability referred to in item 1 above,
under no circumstances is IBM or any of its suppliers or Program
developers liable for any of the following, even if IBM or they were
informed of the possibility of such losses:
1. loss of, or damage to, data;
2. special, indirect, or consequential loss; or
3. loss of profits, business, revenue, goodwill, or anticipated savings.
ITALY: General (Section 5): The following is added to this section:
IBM and Customer (hereinafter, individually, "Party") shall comply
with all the obligations of the applicable provisions of law and/or
regulation on personal data protection. Each of the Parties will
indemnify and keep the other Party harmless from any damage, claim,
cost or expense incurred by the latter, directly and or indirectly, as
a consequence of an infringement of the other Party of the mentioned
provisions of law and/or regulations.
SLOVAKIA: Limitation of Liability (Section 4): The following is added to the end of the last paragraph:
The limitations apply to the extent they are not prohibited under §§ 373-386 of the Slovak Commercial Code.
General (Section 5): The terms of item 5 are replaced with the following:
THE PARTIES AGREE THAT, AS DEFINED BY APPLICABLE LOCAL LAW, ANY
LEGAL OR OTHER ACTION RELATED TO A BREACH OF THIS AGREEMENT MUST BE
COMMENCED NO LATER THAN FOUR YEARS FROM THE DATE ON WHICH THE CAUSE OF
ACTION AROSE.
SWITZERLAND: General (Section 5): The following is added to item 4:
For purposes of this clause, contact information will also include
information about You as a legal entity, for example revenue data and
other transactional information.
UNITED KINGDOM: No Warranty (Section 3): The following replaces the first sentence in the first paragraph of this section:
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE EXCLUDED, IBM
MAKES NO WARRANTY OR CONDITION EITHER EXPRESS OR IMPLIED, INCLUDING
(WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE
PROGRAM.
Limitation of Liability (Section 4): The following replaces the terms of this section in its entirety:
For the purposes of this section, a "Default" means any act,
statement, omission, or negligence on the part of IBM in connection
with, or in relation to, the subject matter of an Agreement in respect
of which IBM is legally liable to You, whether in contract or tort. A
number of Defaults which together result in, or contribute to,
substantially the same loss or damage will be treated as one Default.
Circumstances may arise where, because of a Default, You are
entitled to recover damages from IBM. This section sets out the extent
of IBM's liability and Your sole remedy.
1. IBM will accept unlimited liability for:
a. death or personal injury caused by the negligence of IBM;
b. any breach of its obligations implied by Section 12 of the Sale
of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act
1982, or any statutory modification or re-enactment of either such
Section; and
c. subject always to the Items for Which IBM is Not Liable below,
for physical damage to Your tangible property resulting from the
negligence of IBM.
2. IBM's entire liability for actual damages for any one Default
will not in any event, except as provided in item 1 above, exceed the
greater of 1) £75,000, or 2) 125% of the amount You paid for the
Program directly relating to the Default. These limits also apply to
IBM's suppliers and Program developers. They state the maximum for
which IBM and such suppliers and Program developers are collectively
responsible.
Items for Which IBM is Not Liable
Save with respect to any liability referred to in item 1 above,
under no circumstances is IBM or any of its suppliers or Program
developers liable for any of the following, even if IBM or they were
informed of the possibility of such losses:
1. loss of, or damage to, data;
2. special, indirect, or consequential loss; or
3. loss of profits, business, revenue, goodwill, or anticipated savings.
Z125-5589-03 (11/2002)
LICENSE INFORMATION
The Programs listed below are licensed under the following terms
and conditions in addition to those of the International License
Agreement for Non-Warranted Programs.
Program Name: DB2 Universal Database JDBC Type-4 Driver
Program Number: 5765-F41
Authorization for Use on Home/Portable Computer: 1
EXPLANATIONS OF TERMS:
Authorization for Use on Home/Portable Computer:
"1" means that the Program may be stored on the primary machine and
another machine, provided that the Program is not in active use on both
machines at the same time.
"2" means that you may not copy and use this Program on another computer without paying additional license fees.
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.
Redistribution Information
If you have developed an application that is dependent upon the
files or modules listed below or located in the directory named below,
you may distribute these files or modules, subject to the following
terms:
1) The files or modules must be in object code.
2) You will indemnify IBM or third parties that provide IBM
products ("Third Parties") from and against any third party claim
arising out of the use or distribution of your application.
3) You may not use the same path name as the original files/modules.
4) You may not use IBM's or Third Parties' names or trademarks in
connection with the marketing of your applications without IBM's or
Third Parties' prior written consent.
5) IBM or Third Parties provide copies of these files or modules
"AS IS," i.e., you are responsible for all technical assistance for
your application.
6) In your license agreement with the recipient, you will notify
the recipient that these files or modules may not be 1) used for any
purpose other than to enable the application, 2) copied (except for
backup purposes), 3) further distributed, or 4) reverse assembled,
reverse compiled, or otherwise translated.
db2jcc.jar
db2jcc_license_cu.jar
sqlj.zip
db2jcc_javax.jar
Your application containing a copy of the above referenced files/modules must be labeled as follows:
"CONTAINS
Runtime Modules of
DB2 Universal Database JDBC Type-4 Driver
(c) Copyright IBM Corporation 2003
All Rights Reserved"
D/N: L-JPEN-5QCJRX
P/N: L-JPEN-5QCJRX