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Informix JDBC Driver
International Program License Agreement
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, Part 2 - Country-unique Terms,
and "License Information" 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 and License Information 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 warranty services, 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. Limited Warranty
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 we will correct all
Program defects. You are responsible for the results obtained from the use of
the Program. The warranty period for the Program expires when its Program
services are no longer available. The License Information specifies the duration
of Program services.
During the warranty period warranty service is provided without charge for the
unmodified portion of the Program through defect-related Program services.
Program services are available for at least one year following the Program's
general availability. Therefore, the duration of warranty service depends on
when you obtain your license. If the Program does not function as warranted
during the first year after you obtain your license and IBM is unable to resolve
the problem by providing a correction, restriction, or bypass, you may return
the Program to the party (either IBM or its reseller) from whom you acquired it
and receive a refund in the amount you paid for it. To be eligible, you must
have acquired the Program while Program services (regardless of the remaining
duration) were available for it.
THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES
OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
These warranties give you specific legal rights, and you may also have other
rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not
allow the exclusion or limitation of implied warranties, so the above exclusion
or limitation may not apply to you. In that event such warranties are limited in
duration to the warranty period. No warranties apply after that period.
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. 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 greater of U.S.
$100,000 (or equivalent in your local currency) or the charges for the Program
that is the subject of the claim.
IBM WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR
ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF
IBM, OR ITS RESELLER, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.
IBM will not be liable for 1) loss of, or damage to, your records or data or 2)
any damages claimed by you based on any third party claim.
This limitation of liability also applies to any developer of a Program supplied
to IBM. It is the maximum for which IBM and its suppliers are collectively
responsible.
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, your authorization to use the Program is also
terminated.
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.
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:
Limited Warranty (Section 4):
The following paragraph is added to this Section:
The warranties specified in this Section are in addition to any rights you may
have 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.
EGYPT:
Limitation of Liability (Section 5):
The following replaces item 2 in the first paragraph of this Section:
2) as to any other actual direct damages, IBM's liability will be limited to the
total amount you paid for the Program that is the subject of the claim.
FRANCE :
Limitation of Liability (Section 5):
The following replaces the second sentence in the first paragraph of this
Section:
In such instances, regardless of the basis on which you are entitled to claim
damages from IBM, 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 greater of a) EUR
100,000 (or equivalent in local currency) or b) the charges for the Program
which is the subject of the claim.
GERMANY:
Limited 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.
The following replaces the first sentence of the first paragraph of this
Section:
The warranty for an IBM Program covers the functionality of the Program for its
normal use and the Program's conformity to its Specifications.
Limitation of Liability (Section 5):
The following paragraph is added to the 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.
In item 2, replace "U.S. $100,000" with "EUR 500,000".
The following sentence is added to the end of item 2 of the first paragraph:
IBM's liability under this item is limited to the violation of essential
contractual terms in cases of ordinary negligence.
INDIA:
Limitation of Liability (Section 5):
The following replaces items 1 and 2 in 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 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:
Limited 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.
Limitation of Liability (Section 5):
The following replaces items 1 and 2 in the first paragraph of this Section:
1) death or personal injury or physical damage to your real property solely
caused by IBM's negligence; and 2) the amount of any other actual direct
damages, up to the greater of EUR 100,000 in respect of Programs or 125 percent
of the charges for the Program that is the subject of the claim or which
otherwise gives rise to the claim.
The following paragraph is added at the end of this Section:
IBM's entire liability and your sole remedy, whether in contract or in tort, in
respect of any default will be limited to damages.
ITALY:
Limitation of Liability (Section 5):
The following replaces the second sentence in the first paragraph:
In each such instance unless otherwise provided by mandatory law, IBM is liable
for no more than damages for bodily injury (including death) and damage to real
property and tangible personal property and 2) as to any other actual damage
arising in all situations involving non-performance by IBM pursuant to, or in
any way related to the subject matter of this Agreement, IBM's liability, will
be limited to the total amount you paid for the Program that is the subject of
the claim.
NEW ZEALAND:
Limited Warranty (Section 4):
The following paragraph is added to this Section:
The warranties specified in this Section are in addition to any rights you may
have under the Consumer Guarantees Act 1993 or other legislation which cannot be
excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect
of any goods or services which IBM provides, if you require the goods or
services for the purposes of a business as defined in that Act.
Limitation of Liability (Section 5):
The following paragraph is added to this Section:
Where Programs are not acquired for the purposes of a business as defined in the
Consumer Guarantees Act 1993, the limitations in this Section are subject to the
limitations in that Act.
PEOPLE'S REPUBLIC OF CHINA:
Charges (Section 3):
The following paragraph is added to the Section:
All banking charges incurred in the People's Republic of China will be borne by
you and those incurred outside the People's Republic of China will be borne by
IBM.
UNITED KINGDOM:
Limitation of Liability (Section 5):
The following replaces items 1 and 2 in the first paragraph of this Section:
1) death or personal injury or physical damage to your real property solely
caused by IBM's negligence; 2) the amount of any other actual direct damages, up
to the greater of Pounds Sterling 75,000 in respect of Programs or 125 percent
of the charges for the Program that is the subject of the claim or which
otherwise gives rise to the claim.
The following item is added:
3) breach of IBM's obligations implied by Section 12 of the Sale of Goods Act
1979 or Section 2 of the Supply of Goods and Services Act 1982.
The following paragraph is added at the end of this Section:
IBM's entire liability and your sole remedy, whether in contract or in tort, in
respect of any default will be limited to damages.
Z125-3301-10 12/01 (Euro)
LICENSE INFORMATION
The Programs listed below are licensed under the following terms and conditions
in addition to those of the International Program License Agreement.
Program Name: IBM Informix C-ISAM V5.10
Program Number: 5724-C42
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix C-ISAM V7.20, V7.21, V7.22, V7.23, V7.24, V7.26
Program Number: 5724-C41
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix C-ISAM DataBlade Module V1.10
Program Number: 5724-C57
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix Connect Runtime V2.50, V2.60, V2.70
Program Number: 5724-C24
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix Data Director for Web V2.00
Program Number: 5724-C20
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix Database Administrator V1.00
Program Number: 5724-C53
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix Enterprise Gateway Manager V7.21
Program Number: 5724-C31
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix Enterprise Gateway with DRDA V7.31
Program Number: 5724-C31
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix ESQL for COBOL V5.10
Program Number: 5724-C67
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix ESQL for COBOL V7.25
Program Number: 5724-C68
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix ESQL/C Development and Runtime V5.10, V5.11
Program Number: 5724-C67
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix Excalibur Text Search DataBlade Module V1.30
Program Number: 5724-C29
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix Extended Parallel Server V8.32
Program Number: 5724-C19
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix Image Foundation DataBlade Module V2.00
Program Number: 5724-C59
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix I-Spy V2.00
Program Number: 5724-C32
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix JDBC Driver V1.50
Program Number: 5724-C48
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix JDBC Driver / Embedded SQLJ V2.00, V2.11, V2.20
Program Number: 5724-C25
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix MaxConnect V1.00
Program Number: 5724-C56
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix MetaCube ROLAP Option Agents, Direct Clients,
Indirect Clients V4.20
Program Number: 5724-C52
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix NAG Finance DataBlade Module V1.10
Program Number: 5724-C60
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix NET V5.10, V5.11
Program Number: 5724-C45
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix Object Translator V2.00
Program Number: 5724-C26
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix OnLine V5.10, V5.11
Program Number: 5724-C47
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix SE V5.10
Program Number: 5724-C44
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix SE V7.20, V7.21, V7.22, V7.23, V7.24, V7.25
Program Number: 5724-C43
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix Server Administrator V1.40
Program Number: 5724-C27
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix Spatial DataBlade Module V8.11
Program Number: 5724-C61
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix STAR V5.10, V5.11
Program Number: 5724-C46
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix TimeSeries DataBlade Module V4.01, V4.02
Program Number: 5724-C62
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix TimeSeries Real Time Loader Bundle V1.00, V1.01,
V1.02
Program Number: 5724-C63
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix Video Foundation DataBlade Module V2.00
Program Number: 5724-C64
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Informix Web DataBlade Module V4.12, V4.13
Program Number: 5724-C30
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
Program Name: IBM Office Connect Enterprise Web Edition, Professional Web
Edition, Personal Edition V3.00
Program Number: 5724-C15
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2003/04/05
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.
Program Services End Date:
The Program is warranted and program services will be available until the end
date specified above.
Money-back Guarantee
If for any reason you are dissatisfied with the Program, return it within 30
days from the invoice date, to the party (either IBM or its reseller) from whom
you acquired it, for a refund. This applies only to your first acquisition of
the Program.
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.
Program-unique Terms
Program Services End Date
Program Services are available at least until the end date specified above, and
will end on a later date if indicated on the IBM Informix Product and Support
area at http://www.ibm.com/software/data/informix. To locate the Product
Lifecycle, click on Support from the left navigation bar to access TechInfo
Center and other IBM support information. When prompted, enter your TechInfo
Center User Name and Password.
Level of Use
Your use of a Program may not exceed the level defined by the number of use
authorizations you have acquired. The level of use of a Program is specified by
one of the following:
- Server - "Server" means a server on which the Program is installed or
executed.
- Processor - "Processor" means a processor that forms part of the server on
which the Program is installed or executed. You must acquire a use authorization
for each such Processor.
- Concurrent Session - A Concurrent Session, at a given point in time, is each
logical connection, existing at that time, between the Program and an end user
interface device. Each such existing connection is counted as a Concurrent
Session whether or not it is actually in use. If an individual end user
establishes multiple connections, each one is counted as a separate Concurrent
Session, even if they share a common physical pathway. The number of connections
is not reduced by any program or machine, such as a front-end server or
multiplexer, which may be used to concentrate the connections. Each batch
process being executed at the same time is also considered to be a Concurrent
Session.
- Registered User - A Registered User of a Program is a specific individual
authorized by you to use the Program. Such an individual is a Registered User
whether or not they are actually using the Program.
Runtime Programs
The following term applies only to the IBM Informix Connect Runtime and IBM
Informix ESQL/C Runtime Programs.
You may only use the Program for production.
U.S. Government Users Restricted Rights
U.S. Government Users Restricted Rights - Use, duplication, or disclosure
restricted by the GSA ADP Schedule Contract with the IBM Corporation.
D/N: SCT1-F8ML-00
P/N: CT1F8ML
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