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Document ID: DETR-3XGKSS

Aptiva - 2139/2153 Program License Agreement (US/Canada)

Applicable to: Canada, United States

International Business Machines Corporation Armonk, New York 10504

IBM Program License Agreement
This Program License Agreement ("Agreement") governs your use of the programs IBM provides with your
Aptiva computer ("Programs"). Any programs IBM may include with your Aptiva computer which come with their
own license agreements are subject to the terms of their own license agreements and, unless otherwise expressly
provided by IBM, IBM provides these programs to you "AS IS" WITHOUT WARRANTIES OF ANY KIND.
PLEASE READ ALL LICENSE AGREEMENTS CAREFULLY, BEFORE USING THESE PROGRAMS. BY USING THESE
PROGRAMS, YOU ACCEPT THE TERMS OF THESE AGREEMENTS. IF YOU DO NOT AGREE, PROMPTLY RETURN
YOUR APTIVA COMPUTER FOR A REFUND.

Programs licensed under this agreement are owned by International Business Machines Corporation or its
subsidiaries (IBM), or IBMÆs suppliers and are copyrighted and licensed, not sold.

The term "Programs" means the original Programs and all whole or partial copies of it, including portions merged
into other programs.

IBM grants you a non-exclusive license for the Programs. This license applies to Programs, including any
replacement Programs, regardless of the manner in which they are distributed.

Under this license, you may:
1. use each Program on only one Machine at any one time;
2. copy each Program for backup purposes; and
3. merge it into another program.

Any time you make a copy, or partial copy, of any Program, you must reproduce and include the copyright
notice(s) and legends on such copy.

You may transfer your license rights in a Program to another party. To do so, you must first transfer a copy of this
Agreement, all other documentation, and at least one complete, unaltered copy of the Program to the other party.
Your license is then terminated. You must destroy all other copies of the Program. IBM licenses the other party
when that party accepts the terms of this Agreement by initial use of the Program.

You may not:
1. use, copy, merge, or transfer the Program except as provided in Agreement;
2. reverse assemble or reverse compile BIOS or any Program; or
3. sublicense, rent, lease, or assign any Program.

Warranty
IBM provides the Programs licensed under the terms of this Agreement, "AS IS", WITHOUT WARRANTIES OF
ANY KIND. IBM does not warrant uninterrupted or error-free operation of a Program.
Any technical or other support provided for a Program, such as assistance via telephone with "how-to" questions
and those regarding installation and usage will be provided "AS IS" WITHOUT WARRANTIES OF ANY KIND.

THESE WARRANTIES 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 EXPRESS OR 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.

Limitation of Liability
Your sole remedy under this Agreement is set forth in this section. Circumstances may arise where, because of a
default on IBMÆs part (including fundamental breach) or other liability (including negligence and
misrepresentation), you are entitled to recover damages from IBM. In each such instance, regardless of the basis
on which you are entitled to claim damages, IBM is liable only for (i) bodily injury or damage to real property or
tangible personal property and (ii) the amount of any other actual damages only and will be limited in each such
instance to the greater of 1) $5,000 or 2) the money paid to IBM, or its Authorized Seller, for the System.
IN NO EVENT WILL IBM BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, THIRD PARTY DAMAGES,
INCIDENTAL DAMAGES, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF IBM OR ITS
AUTHORIZED SELLER HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
This limitation of remedies described in this section also applies to any developer of a Program supplied to IBM.
IBMÆs and the developerÆs limitations of remedies are not cumulative. Such developer is an intended beneficiary
of this section.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OF EXCLUSION MAY NOT APPLY TO YOU.

	Search Keywords
	Document Category	Warranty
	Date Created	18-08-98
	Last Updated	22-09-98
	Revision Date	21-09-99
	Brand	IBM Aptiva
	Product Family	Aptiva
	Machine Type	2139, 2153
	Model	E2N; E3N; E4N; E2F; E3F; E4F; E1U; E1V; E5N; E5D; EP4; EJ1; EJ2; EJ3; EJ4; EJ5; EJ6; EJ7; EJ8; EJ9; EL3; EL4; EL5; EL6; EL7; EL8; EL9; EM1; EM2; EM3; EM4; EM5; EM6; EM7; EM8; EN1; EN2; EN3; E5U; SE7; E6U; E1U; E5F; EPF; E5V; E6V; E1V; E6V; E5U; E5V; E2U; E2V; E3U; E3V; SEE; SEZ
	TypeModel
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