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: IBM UnifiedPOS for Linux Version 1.9.2
Program Number: 5639-N01
Authorization for Use on Home/Portable Computer: You may not copy and use this Program on another computer without paying additional license fees.

Limited Use Rights for Other IBM Programs

If You acquired this Program as part of another IBM Program ("Principal Program") that lists this Program under "Other IBM Programs", You received this Program only in support of the Principal Program, and Your rights to use this Program will be limited by the license of the Principal Program. Please contact Your IBM Sales Representative if You wish to acquire a separate license to this Program not limited by the Principal Program's license terms.

Excluded Components

The provisions of this paragraph do not apply to the extent they are held to be invalid or unenforceable under the law that governs this license. The components listed below are "Excluded Components." Notwithstanding any of the terms in the Agreement or any other agreement You may have with IBM:
(a) the third party suppliers of such Excluded Components ("Suppliers") provide the components WITHOUT WARRANTIES OF ANY KIND and, such Suppliers DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE EXCLUDED COMPONENTS;
(b) in no event are the Suppliers liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, including but not limited to lost data, lost savings, and lost profits, with respect to the Excluded Components; and,
(c) IBM and the Suppliers are not liable to You, and will not defend, indemnify, or hold You harmless for any claims arising from or related to the Excluded Components.

Notwithstanding these exclusions, in Germany and Austria, IBM's warranty and liability for the Excluded Components is governed only by the respective terms applicable for Germany and Austria in the IBM license agreements.

Notices and important information that IBM is required to provide to You with respect to the Excluded Components, including instructions for obtaining source code for certain Excluded Components, may be found in the NOTICES file(s) that accompanies the Program.

Your use of the Excluded Components is governed by the terms of the Agreement and not by any terms that may be contained in the NOTICES file(s). The terms contained in the Agreement are offered by IBM and not by any other party. Future Program updates or fixpacks may contain additional Excluded Components. Such additional Excluded Components, and related notices and information, if any, will be listed in another NOTICES file that accompanies the Program update or fixpack.

The following are Excluded Components:
JavaPOS Device Controls Version 1.9
JCL Version 2.2.0
Log4J Version 1.2.8
Xerces Version 2.0.1
javax.usb Version 1.0.1
XML4C Version 5.4.6

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

LICENSE GRANT

A. International Business Machines Corporation (IBM) grants you a license to use the IBM Java for Retail Point of Sale ("Software").

The Software is copyrighted and licensed (not sold). IBM does not transfer title to the Software to you.

You obtain no rights other than those granted under this license.

B. Under this license, you may:
1. Use the Software on one or more machines at a time for the development and testing of software applications designed to operate in conjunction with the Software and which add significant value to the Software (the "Third Party Software Application");
2. Make copies of the Software for use or backup purposes within your enterprise, provided you reproduce the copyright notice and any other legend of ownership on each copy or partial copy of the Software;
3. Modify the sample code contained in the sample directory; and
4. Distribute the Software in object code format, only as integrated in your Third Party Software Application, provided that you
a) do not make any statements to the effect or which imply that your application is "certified" or otherwise endorsed by IBM, or that its performance is guaranteed by IBM;
b) warrant that you have all sufficient rights to the material you include in the Third Party Software Application;
c) defend, hold harmless and indemnify IBM, including its subsidiaries, and its distributors from and against any and all claims, liabilities, damages, expenses, costs, and judgments, including attorneys fees, arising out of or in connection with any breach or alleged breach of your responsibilities under this agreement and the foregoing warranty; and
d) may not copy or distribute the Software or Third Party Software Application to persons who are not authorized to use the Software.

C. Under this license you MAY NOT:
1. Sublicense, rent, lease, or assign the Software, except as explicitly stated above;
2. Modify the Software, except as explicitly stated above; and
3. Attempt to decompile, disassemble or otherwise translate the Software, except to the extent applicable laws specifically prohibit such restriction.

D. Except as expressly stated above, IBM does not grant any other licenses, express or implied, by estoppel or otherwise, to any intellectual property rights.

GENERAL

A. IBM reserves the right at any time to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
B. IBM has no obligation to provide service, defect correction, or any maintenance for the Software. IBM has no obligation to supply Software updates or enhancements to you even if such are or later become available.
C. You may terminate this license at any time. IBM may terminate this license if you fail to comply with any of its terms. In either event, you must destroy all your copies of the Software.
D. You are responsible for the payment of any taxes resulting from this license.
E. You may not sell, transfer, assign, or subcontract any of your rights or obligations under this license. Any attempt to do so is void.
I. Use, duplication or disclosure by the Government is subject to the GSA ADP schedule with IBM.

IBM is a registered trademark of the International Business Machines Corporation.

Java and all Java-based trademarks and logos are trademarks or registered trademarks of Sun Microsystems, Inc. in the United States and other countries.

This program can be used only on the IBM hardware described below:

SurePOS 700 Series, SurePOS 500 Series, SurePOS 300 Series, SureOne, Anyplace Kiosk, IBM 4694, IBM 4674, IBM Kiosk, IBM Personal Shopping Assistant


D/N: L-KKOI-6SJMU3
P/N: L-KKOI-6SJMU3