International License Agreement for Non-Warranted Programs
Part 1 - General Terms
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. IBM WILL LICENSE THE PROGRAM TO YOU ONLY IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. BY USING THE PROGRAM YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED PROGRAM TO THE PARTY (EITHER IBM OR ITS RESELLER) FROM WHOM YOU ACQUIRED IT TO RECEIVE A REFUND OF THE AMOUNT YOU PAID.
The Program is owned by International Business Machines Corporation or one of its subsidiaries (IBM) or an IBM supplier, and is copyrighted and licensed, not sold.
The term "Program" means the original program and all whole or partial copies of it. A Program consists of machine-readable instructions, its components, data, audio-visual content (such as images, text, recordings, or pictures), and related licensed materials.
This Agreement includes Part 1 - General Terms and Part 2 - Country-unique Terms and is the complete agreement regarding the use of this Program, and replaces any prior oral or written communications between you and IBM. The terms of Part 2 may replace or modify those of Part 1.
1. License
Use of the Program
IBM grants you a nonexclusive license to use the Program.
You may 1) use the Program to the extent of authorizations you have acquired and 2) make and install copies to support the level of use authorized, providing you reproduce the copyright notice and any other legends of ownership on each copy, or partial copy, of the Program.
If you acquire this Program as a program upgrade, your authorization to use the Program from which you upgraded is terminated.
You will ensure that anyone who uses the Program does so only in compliance with the terms of this Agreement.
You may not 1) use, copy, modify, or distribute the Program except as provided in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver; or 3) sublicense, rent, or lease the Program.
Transfer of Rights and Obligations
You may transfer all your license rights and obligations under a Proof of Entitlement for the Program to another party by transferring the Proof of Entitlement and a copy of this Agreement and all documentation. The transfer of your license rights and obligations terminates your authorization to use the Program under the Proof of Entitlement.
2. Proof of Entitlement
The Proof of Entitlement for this Program is evidence of your authorization to use this Program and of your eligibility for future upgrade program prices (if announced) and potential special or promotional opportunities.
3. Charges and Taxes
IBM defines use for the Program for charging purposes and specifies it in the Proof of Entitlement. Charges are based on extent of use authorized. If you wish to increase the extent of use, notify IBM or its reseller and pay any applicable charges. IBM does not give refunds or credits for charges already due or paid.
If any authority imposes a duty, tax, levy or fee, excluding those based on IBM's net income, upon the Program supplied by IBM under this Agreement, then you agree to pay that amount as IBM specifies or supply exemption documentation.
4. No Warranty
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PROGRAM OR TECHNICAL SUPPORT, IF ANY. IBM MAKES NO WARRANTY REGARDING THE CAPABILITY OF THE PROGRAM TO CORRECTLY PROCESS, PROVIDE AND/OR RECEIVE DATE DATA WITHIN AND BETWEEN THE 20TH AND 21ST CENTURIES.
The exclusion also applies to any of IBM's subcontractors, suppliers, or program developers (collectively called "Suppliers").
Manufacturers, suppliers, or publishers of non-IBM Programs may provide their own warranties.
5. Limitation of Liability
NEITHER IBM NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF IBM IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
6. General
Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
IBM may terminate your license if you fail to comply with the terms of this Agreement. If IBM does so, you must immediately destroy the Program and all copies you made of it.
You agree to comply with applicable export laws and regulations.
Neither you nor IBM will bring a legal action under this Agreement more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation.
Neither you nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control.
IBM does not provide program services or technical support, unless IBM specifies otherwise.
The laws of the country in which you acquire the Program govern this Agreement, except 1) in Australia, the laws of the State or Territory in which the transaction is performed govern this Agreement; 2) in Albania, Armenia, Belarus, Bosnia/Herzegovina, Bulgaria, Croatia, Czech Republic, Georgia, Hungary, Kazakhstan, Kirghizia, Former Yugoslav Republic of Macedonia (FYROM), Moldova, Poland, Romania, Russia, Slovak Republic, Slovenia, Ukraine, and Federal Republic of Yugoslavia, the laws of Austria govern this Agreement; 3) in the United Kingdom, all disputes relating to this Agreement will be governed by English Law and will be submitted to the exclusive jurisdiction of the English courts; 4) in Canada, the laws in the Province of Ontario govern this Agreement; and 5) in the United States and Puerto Rico, and People's Republic of China, the laws of the State of New York govern this Agreement.
Part 2 - Country-unique Terms
AUSTRALIA:
No Warranty (Section 4):
The following paragraph is added to this Section:
Although IBM specifies that there are no warranties, you may have certain rights under the Trade Practices Act 1974 or other legislation and are only limited to the extent permitted by the applicable legislation.
Limitation of Liability (Section 5):
The following paragraph is added to this Section:
Where IBM is in breach of a condition or warranty implied by the Trade Practices Act 1974, IBM's liability is limited to the repair or replacement of the goods, or the supply of equivalent goods. Where that condition or warranty relates to right to sell, quiet possession or clear title, or the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption, then none of the limitations in this paragraph apply.
GERMANY:
No Warranty (Section 4):
The following paragraphs are added to this Section:
The minimum warranty period for Programs is six months.
In case a Program is delivered without Specifications, we will only warrant that the Program information correctly describes the Program and that the Program can be used according to the Program information. You have to check the usability according to the Program information within the "money-back guaranty" period.
Limitation of Liability (Section 5):
The following paragraph is added to this Section:
The limitations and exclusions specified in the Agreement will not apply to damages caused by IBM with fraud or gross negligence, and for express warranty.
INDIA:
General (Section 6):
The following replaces the fourth paragraph of this Section:
If no suit or other legal action is brought, within two years after the cause of action arose, in respect of any claim that either party may have against the other, the rights of the concerned party in respect of such claim will be forfeited and the other party will stand released from its obligations in respect of such claim.
IRELAND:
No Warranty (Section 4):
The following paragraph is added to this Section:
Except as expressly provided in these terms and conditions, all statutory conditions, including all warranties implied, but without prejudice to the generality of the foregoing, all warranties implied by the Sale of Goods Act 1893 or the Sale of Goods and Supply of Services Act 1980 are hereby excluded.
ITALY:
Limitation of Liability (Section 5):
This Section is replaced by the following:
Unless otherwise provided by mandatory law, IBM is not liable for any damages which might arise.
NEW ZEALAND:
No Warranty (Section 4):
The following paragraph is added to this Section:
Although IBM specifies that there are no warranties, you may have certain rights under the Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of any goods or services which IBM provides, if you require the goods and services for the purposes of a business as defined in that Act.
Limitation of Liability (Section 5):
The following paragraph is added to this Section:
Where Programs are not acquired for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act.
PEOPLE'S REPUBLIC OF CHINA:
Charges (Section 3):
The following paragraph is added to the Section:
All banking charges incurred in the People's Republic of China will be borne by you and those incurred outside the People's Republic of China will be borne by IBM.
UNITED KINGDOM:
Limitation of Liability (Section 5):
The following paragraph is added to this Section at the end of the first paragraph:
The limitation of liability will not apply to any breach of IBM's obligations implied by Section 12 of the Sales of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982.
Z125-5589-01 (10/97)
Program-unique Terms
The following terms apply in addition to the terms of Section 1 of the General Terms of the IBM International License Agreement of Non-warranted Programs:
You hereby grant to IBM an irrevocable license under all intellectual property rights (including copyright) to use, copy, distribute, sublicense, display, perform and prepare derivative works based upon any feedback, including materials, fixes, error corrections, enhancements, suggestions and the like that you provide to IBM.
The programs and documenation that comprise the Robocode product (the "Programs") are licensed in two different ways. In each case, the terms herein supplement the terms of the International Program License for Non-warranted Programs and incorporate those terms as if fully stated herein. If you are teacher or professor at an academic institution and wish to use the Programs as part of a class you are teaching or a curricular aid, you may license the Programs under the Academic Terms provided below. If you are anyone else, including a student at an academic institution who has acquired the code as a part of your class curriculum, your license is governed by the non-Academic Terms provided below. In each case, these terms are in addition to those of the IBM International License Agreement for Non-warranted Programs, except where they expressly contradict those terms. "Bots" that you create using the Programs are yours, and are not governed by this license. If you wish to share them with someone else, however, that person must have their own license to the Programs in order to run them.
Academic Terms
These terms are only available to teachers or professors who are licensing the Programs for use in a course they are teaching at an academic institution or otherwise as a curricular aid. By licensing the Programs under these terms, you certify that you meet these criteria. These terms only apply to copies of the Programs that are made and used as provided above.
IBM grants you a no-charge, nonexclusive, non-transferable license to 1) use the Programs solely for academic and research purposes, including educational competitions; and 2) make and install a reasonable number of copies of the Programs in support of such use. The terms of this license apply to each copy you make. You will reproduce the copyright notice and any other legends of ownership on each copy, or partial copy, of the Programs.
You will ensure that anyone who uses the Programs as a part of the course for which it was distributed, does so only for your authorized use and in compliance with the terms of this Agreement.
You may not: 1) use, copy, modify or distribute any or all of the Programs, including files of the Programs, except as provided in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate any or all of the Programs except as specifically permitted by law without the possibility of contractual waiver; 3) sublicense, transfer, rent, or lease any or all of the Programs; or 4) export any or all of the Programs out of the country in which it is provided to you.
The license for the Programs begins with your first use of any or all of the Programs and remains in effect unless terminated. Either party may terminate the license for the Programs at any time. On termination or expiration of the license for the Programs, you must immediately destroy the Programs and all copies or modifications you made of them.
Non-Academic Terms
These terms apply to you unless you are using the Programs as provided in the Academic Terms above.
IBM grants you a no-charge, nonexclusive, non-transferable license to use, execute, display, and perform the Programs, subject to the terms and restrictions of the International License Agreement for Non-warranted Programs. You may not copy or modify the Programs except for your personal use, nor may you provide any copy or modification of the Programs to anyone else.
The license for the Programs begins with your first use of any or all of the Programs and remains in effect unless terminated. Either party may terminate the license for the Programs at any time. On termination or expiration of the license for the Programs, you must immediately destroy the Programs and all copies or modifications you made of them.