IBM Printer Driver Software License 

COPYRIGHT IN THE ACCOMPANYING SOFTWARE ("THE SOFTWARE") IS OWNED BY INTERNATIONAL BUSINESS MACHINES AND/OR THIRD PARTIES (COLLECTIVELY "IBM"). YOU, THE END USER, MAY NOT LOAD THE SOFTWARE INTO ANY COMPUTER, USE IT FOR ANY PURPOSE OR COPY IT WITHOUT A LICENSE FROM IBM. 

BEFORE USING THIS SOFTWARE, YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. 

IBM OR THE APPLICABLE IBM COUNTRY ORGANIZATION OFFERS YOU A NON-EXCLUSIVE LICENSE FOR THE SOFTWARE ON THE TERMS OF THIS LICENSE AGREEMENT ONLY IN THE COUNTRY WHERE YOU ACQUIRED THE SOFTWARE. BY OPENING THE SEALED DISK PACKAGE OR BY LOADING THE SOFTWARE INTO A COMPUTER, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT YOU MAY, WITHIN 14 DAYS OF PURCHASE, RETURN THE UNOPENED DISK PACKAGE CONTAINING THE SOFTWARE, TOGETHER WITH ITS OTHER PACKAGING AND DOCUMENTATION UNUSED AND INTACT TO YOUR SUPPLIER, IN COMPLIANCE WITH THEIR RETURNS PROCEDURES, FOR A FULL REFUND. 

AS USED HEREIN, THE TERM "SOFTWARE" MEANS THE ORIGINAL AND ALL WHOLE OR PARTIAL COPIES OF IT, INCLUDING MODIFIED COPIES OR PORTIONS MERGED INTO OTHER PROGRAMS. IBM OWNS OR HAS LICENSED FROM THE OWNER, COPYRIGHTS IN THE SOFTWARE. 

YOU ARE SOLELY RESPONSIBLE FOR THE INSTALLATION OF, USE AND RESULTS OBTAINED FROM, THE SOFTWARE. 

Grant of License 
The Software is licensed, and not sold, for use by you only on a computer that is directly or indirectly coupled to an IBM printer in which either a PostScript or PCL feature has been validly enabled. In addition, you may use the Software on a computer, network or system which permits electronic access to it by more than one user, provided that said computer, network or system is connected to an IBM printer in which either a PostScript or PCL feature has been validly enabled. 

No other use is permitted. 

You obtain no rights to the software other than those granted you under this license. IBM and/or its third party suppliers retain title to the Software, its documentation and any full or partial copies thereof. You are not permitted to sublicense, assign, rent or lease the Software. 

You may transfer the Software and your rights under this license to another party. In order for the transfer to be valid, the other party agrees to all of the terms and conditions of this license agreement by its first use of the Software. 

If you transfer the software, you must transfer an unaltered copy of this license, all related contract documentation all other documentation and at least one complete, unaltered copy of the software to the other party. You must, at the same time, either transfer all your other copies of the Software and its documentation to the other party or destroy them. Your license to utilize the Software in any manner is terminated once you transfer a copy of the Software to another party. 

You must reproduce the copyright and any proprietary notice(s) on each copy or partial copy of the Software or its documentation that you make. 

You may not make any copies of the Software except such copies as are necessary for licensed use and operational security. For this purpose, one archival copy may be made. Any such copy is subject to the conditions of this license. Documentation, including help files, may not be copied for any purpose without IBM's consent. 

You may not copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software or its associated documentation except as provided in this license. 

You may be held legally responsible for any copyright infringement, unauthorized transfer, reproduction or use of the Software or its documentation. 

Acceptance 
You shall be deemed to have accepted the terms of this Agreement by opening the package in which the media containing the Software is sealed or by loading the Software into a computer. 

Termination 
This license is effective until terminated. You may terminate your license at any time. In addition, IBM may terminate the license if you fail to comply with the terms of this Agreement. In either event, upon termination, you agree to destroy all copies of the Software and its documentation. 

Limited Warranty 
IBM warrants to the original user that the Software, if unaltered, will perform substantially in accordance with its accompanying documentation, provided that the Software is properly used on a computer and with an unmodified operating system for which it was designed. Except for the foregoing warranty, IBM is licensing the software to you "as is." The xpress terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law. 

If you notify IBM of significant errors in the Software or its documentation within ninety days from the date of purchase, IBM will, at its option, correct any such demonstrable errors in the Software or its documentation within a reasonable time or provide or authorize a refund of the price paid for the Software upon return of the Software and its documentation. 

IBM does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free or that defects in the Software will be corrected. You shall load and use the Software at your own risk and in no event shall IBM be liable for any loss, damage or expense (including indirect and consequential loss or damage) of any nature (except personal injury or death resulting from IBM's negligence) howsoever arising and including but not limited to any loss resulting directly or indirectly from the use of the Software. 

This limited warranty for the media and Software will apply only if the Software is licensed and located in the United States and Puerto Rico. Outside the United States, contact your local IBM supplier for information on warranty. 

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

Some countries and states in the U.S. do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state. 

Limitation of Remedies 
IBM's liability or that of its third party suppliers under this license is as follows: 

IBM will provide any warranty described in this license or, if included with the Software, IBM's Statement of Limited Warranty. IBM will (a) replace defective media, or (b) make a warranted program operate or replace the Software with functionally equivalent Software, as such options may be warranted. Otherwise, you may terminate your license, return all copies of the Software and its documentation, and IBM will refund the amount you paid to license the Software. 

For any claim, including fundamental breach, in any form, related in any way to this license, IBM's entire liability in the aggregate will be for actual damages only and shall be limited to the IBM's then generally available license fee for the Software or the license fee you paid, whichever is greater. 

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 incidental damages or other economic consequential damages, even if IBM, or its suppliers, has been advised of the possibility of such damages. IBM will not be liable for any damages claimed by you on any third party claim. 

This limitation of remedies also applies to any supplier of software or data supplied to IBM and included in the Software. IBM's and the supplier's limitations of remedies are not cumulative. Such developer is an intended beneficiary of this section regarding Limitation of Remedies. 

Some jurisdictions do not allow these limitations or exclusions, so they may not apply to you. 

General 
If any provision or portion of this Agreement shall be found to be illegal, invalid or unenforceable, the remaining provisions or portions shall remain in full force and effect. This Agreement shall be governed by the law of the jurisdiction in which the Software is acquired. 

You are responsible for payment of taxes, including personal property taxes, resulting from this license. No party to this license agreement may bring an action, regardless of form, more than two years after the cause of the action arose. If you acquired the Software in the United States, this license is governed by the laws of the State of New York. If you acquired the software in Canada, this license is governed by the laws of the Province of Ontario. Otherwise, this license is governed by the laws of the country in which you acquired the Software.