TERMS AND CONDITIONS FOR SEPARATELY LICENSED CODE
IBM Rational Quality Manager 2.0.0.1
The IBM license agreement and any applicable information on
the web
download page for IBM products refers Licensee to this file
for details
concerning terms and conditions applicable to code
identified as
Separately Licensed Code in the License Information
document and
included in the products listed above ("the Program").
The "Separately Licensed Code" identified in the License
Information
document of the IBM license agreement is provided to
Licensee under terms
and conditions that are different from the IBM license
agreement.
Licensee's use of such components or portions thereof is
subject to the
terms of the associated license agreement provided or
referenced in this
section and not the terms of the IBM license agreement.
Please note: This NON_IBM_LICENSE file may identify
Separately Licensed
Code and its related agreements that are not used by, or
that were not
shipped with, the Program as Licensee installed it.
The following are Separately Licensed Code:
HP-UX SDK, for the Java(tm) 2 Platform, Version 5.0
HP-UX SDK, for the Java(tm) 2 Platform, Version 5.0,
adapted by IBM
for IBM Software, Version 5.0. For the version of this
Program using
the HP-UX platform, the Program includes a copy of the HP-
UX
Developer's Kit for Java for your convenience.
This component is subject to the terms and conditions of
the following
license agreements from Hewlett-Packard Co. included with
the HP-UX
Developer's Kit for Java.
HP-UX SDK, for the Java(tm) 2 Platform
ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE HP
SOFTWARE LICENSE
TERMS AND SUPPLEMENTAL RESTRICTIONS SET FORTH BELOW, THIRD
PARTY
SOFTWARE LICENSE TERMS FOUND IN THE THIRDPARTYLICENSEREADME.
TXT FILE
AND THE WARRANTY DISCLAIMER ATTACHED. IF YOU DO NOT ACCEPT
THESE
TERMS FULLY, YOU MAY NOT INSTALL OR OTHERWISE USE THE
SOFTWARE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS NOTICE,
INSTALLING OR
OTHERWISE USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF
THESE
LICENSE TERMS.
HP SOFTWARE LICENSE TERMS
The following terms govern your use of the Software unless
you have a
separate written agreement with HP. HP has the right to
change these
terms and conditions at any time, with or without notice.
License Grant
HP grants you a license to Use one copy of the Software.
"Use" means
storing, loading, installing, executing or displaying the
Software.
You may not modify the Software or disable any licensing or
control
features of the Software. If the Software is licensed for
"concurrent
use", you may not allow more than the maximum number of
authorized
users to Use the Software concurrently.
Ownership
The Software is owned and copyrighted by HP or its third
party
suppliers. Your license confers no title or ownership in
the Software
and is not a sale of any rights in the Software. HP's
third party
suppliers may protect their rights in the event of any
violation of
these License Terms.
Third Party Code
Some third-party code embedded or bundled with the Software
is
licensed to you under different terms and conditions as set
forth in
the THIRDPARTYLICENSEREADME.txt file. In addition to any
terms and
conditions of any third party license identified in the
THIRDPARTYLICENSEREADME.txt file, the disclaimer of
warranty and
limitation of liability provisions in this license shall
apply to all
code distributed as part of or bundled with the Software.
Source Code
Software may contain source code that, unless expressly
licensed for
other purposes, is provided solely for reference purposes
pursuant to
the terms of this license. Source code may not be
redistributed
unless expressly provided for in these License Terms.
Copies and Adaptations
You may only make copies or adaptations of the Software for
archival
purposes or when copying or adaptation is an essential step
in the
authorized Use of the Software. You must reproduce all
copyright
notices in the original Software on all copies or
adaptations. You
may not copy the Software onto any bulletin board or
similar system.
No Disassembly or Decryption
You may not disassemble or decompile the Software unless
HP's prior
written consent is obtained. In some jurisdictions, HP's
consent may
not be required for disassembly or decompilation. Upon
request, you
will provide HP with reasonably detailed information
regarding any
disassembly or decompilation. You may not decrypt the
Software unless
decryption is a necessary part of the operation of the
Software.
Transfer
Your license will automatically terminate upon any transfer
of the
Software. Upon transfer, you must deliver the Software,
including any
copies and related documentation, to the transferee. The
transferee
must accept these License Terms as a condition to the
transfer.
Termination
HP may terminate your license upon notice for failure to
comply with
any of these License Terms. Upon termination, you must
immediately
destroy the Software, together with all copies, adaptations
and merged
portions in any form.
Export Requirements
You may not export or re-export the Software or any copy or
adaptation
in violation of any applicable laws or regulations.
This software or any copy or adaptation may not be
exported,
reexported or transferred to or within countries under U.
S. economic
embargo including the following countries: Afghanistan
(Taliban-
controlled areas), Cuba, Iran, Iraq, Libya, North Korea,
Serbia, Sudan
and Syria. This list is subject to change.
This software or any copy or adaptation may not be
exported,
reexported or transferred to persons or entities listed on
the U.S.
Department of Commerce Denied Parties List or on any U.S.
Treasury
Department Designated Nationals exclusion list, or to any
party
directly or indirectly involved in the development or
production of
nuclear, chemical, biological weapons or related missile
technology
programs as specified in the U.S. Export Administration
Regulations
(15 CFR 730).
U.S. Government Contracts
If the Software is licensed for use in the performance of a
U.S.
government prime contract or subcontract, you agree that,
consistent
with FAR 12.211 and 12.212, commercial computer Software,
computer
Software documentation and technical data for commercial
items are
licensed under HP's standard commercial license.
SUPPLEMENTAL RESTRICTIONS
You acknowledge the Software is not designed or intended
for use in
on-line control of aircraft, air traffic, aircraft
navigation, or
aircraft communications; or in the design, construction,
operation or
maintenance of any nuclear facility. HP disclaims any
express or
implied warranty of fitness for such uses.
HP WARRANTY STATEMENT
DURATION OF LIMITED WARRANTY: 90 DAYS
HP warrants to you, the end customer, that HP hardware,
accessories,
and supplies will be free from defects in materials and
workmanship
after the date of purchase for the period specified above.
If HP
receives notice of such defects during the warranty period,
HP will,
at its option, either repair or replace products which
prove to be
defective. Replacement products may be either new or
equivalent in
performance to new.
HP warrants to you that HP Software will not fail to
execute its
programming instructions after the date of purchase, for
the period
specified above, due to defects in materials and
workmanship when
properly installed and used. If HP receives notice of such
defects
during the warranty period, HP will replace Software which
does not
execute its programming instructions due to such defects.
HP does not warrant that the operation of HP products will
be
uninterrupted or error free. If HP is unable, within a
reasonable
time, to repair or replace any product to a condition
warranted, you
will be entitled to a refund of the purchase price upon
prompt return
of the product. Alternatively, in the case of HP Software,
you will
be entitled to a refund of the purchase price upon prompt
delivery to
HP of written notice from you confirming destruction of the
HP
Software, together with all copies, adaptations, and merged
portions
in any form.
HP products may contain remanufactured parts equivalent to
new in
performance or may have been subject to incidental use.
Warranty does not apply to defects resulting from: (a)
improper or
inadequate maintenance or calibration; (b) software,
interfacing,
parts or supplies not supplied by HP, (c) unauthorized
modification or
misuse; (d) operation outside of the published
environmental
specifications for the product, (e) improper site
preparation or
maintenance, or (f) the presence of software from HP
suppliers
embedded in any HP product.
TO THE EXTENT ALLOWED BY LOCAL LAW, THE ABOVE WARRANTIES
ARE EXCLUSIVE
AND NO OTHER WARRANTY OR CONDITION, WHETHER WRITTEN OR
ORAL, IS
EXPRESSED OR IMPLIED AND HP SPECIFICALLY DISCLAIMS ANY
IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY
QUALITY, AND
FITNESS FOR A PARTICULAR PURPOSE. Some countries, states,
or provinces
do not allow limitations on the duration of an implied
warranty, so
the above limitation or exclusion may not apply to you.
This warranty
gives you specific legal rights and you might also have
other rights
that vary from country to country, state to state, or
province to
province.
TO THE EXTENT ALLOWED BY LOCAL LAW, THE REMEDIES IN THIS
WARRANTY
STATEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS
INDICATED
ABOVE, IN NO EVENT WILL HP OR ITS SUPPLIERS BE LIABLE FOR
LOSS OF DATA
OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
(INCLUDING LOST
PROFIT OR DATA), OR OTHER DAMAGE, WHETHER BASED IN
CONTRACT, TORT, OR
OTHERWISE. Some countries, states, or provinces do not
allow the
exclusion or limitation of incidental or consequential
damages, so the
above limitation may not apply to you.
END OF HP-UX SDK, for the Java(tm) 2 Platform, Version 5.0,
adapted by
IBM for IBM Software, Version 5.0.
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