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Form No.:
Z125-5468-01 6/2002
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You accept
the terms of this IBM License Agreement for Machine Code ("Agreement") by your
initial use of a Machine that contains Machine Code.
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If you
do not agree to the terms of this Agreement, you may return Machine Code and the
Machine in the same condition in which they were delivered to you to the party
(either IBM or its reseller) from whom you acquired the Machine for a refund of
the amount you paid if 1) you are the original user and 2) you do so within 15
days of the Machine's delivery to you and prior to completion of the first
initialization (for example, the first initial program load or the first initial
microcode load) of the Machine.
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The term
"Machine Code" means microcode, basic input/output system code (called "BIOS"),
utility programs, device drivers, and diagnostics delivered with an IBM Machine.
Machine Code does not include programs and code provided under separate license
agreements, including but not limited to open source license agreements.
Acceptance of these license terms authorizes you to use Machine Code with the
specific product for which it is provided.
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The term
"Machine" means an IBM machine, its features, conversions, upgrades, elements or
accessories, or any combination of them.
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A Machine
may include computing resources or capabilities that are to remain inactive, or
whose use is restricted, until the right to access and use the resources or
capabilities is acquired from IBM (called "Built-in-Capacity"). Examples of such
computing resources and capabilities include but are not limited to processors,
memory, storage, processing capacity identified as interactive processing
capacity, and workload specific resources or capabilities (such as a specific
operating system, programming language or application to which use of the
Machine is limited).
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International Business Machines
Corporation or one of its subsidiaries (collectively "IBM") owns copyrights in
Machine Code or has the right to license Machine Code. IBM or a third party owns
all copies of Machine Code, including all copies made from them. IBM licenses
Machine Code to only one rightful possessor at a time.
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If you are
the rightful possessor of a Machine, IBM grants you a nonexclusive license to
use Machine Code on, or in conjunction with, only the Machine for which IBM
provided it, and only to the extent of IBM authorizations you have acquired for
access to and use of Built-in-Capacity. If your use of Built-in-Capacity exceeds
the IBM authorizations you have acquired for the Machine, you agree to pay IBM
for the full price of permanent, unrestricted use of the Built-in-Capacity at
IBM's then current price. You are not authorized to use such Built-in-Capacity
until such payment is made.
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Under each
license, IBM authorizes you to do only the following:
1. execute Machine Code to enable the
Machine to function according to its Official Published Specifications (called
"Specifications") and to use only the Built-in-Capacity for which you are
authorized and for which payment is received by IBM;
2. make a reasonable number of copies
of Machine Code to be used solely for backup or archival purposes, provided you
reproduce the copyright notice and any other legend of ownership on any such
copies. You may use the copies only to replace the original, when necessary; and
3. execute and display Machine Code as
necessary to maintain the Machine.
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You agree
to acquire any replacement for, or additional copy of, Machine Code directly
from IBM in accordance with IBM's standard policies and practices. You also
agree to use that Machine Code under these terms.
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You may
transfer possession of Machine Code and its media to another party only with the
transfer of the Machine on which Machine Code is authorized. If you do so, you
must 1) destroy all your copies of Machine Code that were not provided by IBM,
2) either give the other party all your IBM-provided copies of Machine Code or
destroy them, and 3) give the other party a copy of these terms and provide all
user documentation to that party. IBM licenses the other party when it accepts
these terms. These terms apply to all Machine Code you acquire from any
source.
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Your
license for Machine Code terminates when you no longer rightfully possess the
Machine.
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No other
rights under this license are granted.
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You agree
to use Machine Code only as authorized above. You may not do, for example, any
of the following:
1. otherwise copy, display, transfer,
adapt, modify, or distribute (electronically or otherwise) Machine Code, except
as IBM may authorize in a Machine's user documentation or in writing to you;
2. reverse assemble, reverse compile,
or otherwise translate Machine Code, unless expressly permitted by applicable
law without the possibility of contractual waiver;
3. sublicense or assign the license
for the Machine Code; or
4. lease Machine Code or any copy of
it.
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Built-in-Capacity is protected by
certain technological measures in Machine Code. As a condition of your license
to use Machine Code under this Agreement, you may not circumvent such
technological measures, or use a third party or third party product to do so, or
otherwise access or use unauthorized Built-in-Capacity. In the event IBM
determines that changes are necessary to the technological measures designed to
limit access to, or use of, Built-in-Capacity to that which has been authorized,
IBM may provide you with changes to such technological measures. As a condition
of your license to use Machine Code under this Agreement, you agree, at IBM's
option, to apply or allow IBM to apply such changes.
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The terms of IBM's Statement of
Limited Warranty (Z125-4753), which is incorporated into this Agreement by
reference, apply to Machine Code. Please refer to that warranty for any
questions or claims regarding performance or liability for Machine
Code.
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If there is a conflict between the
terms of this Agreement and those of any other agreement for Machine Code, the
terms of this Agreement prevail to the extent of the conflict, unless otherwise
expressly provided in the other agreement.
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