IBM TotalStorage SAN File System V 2.1.0 LICENSE AGREEMENT ("AGREEMENT")
BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE, DOCUMENTATION AND/OR OTHER MATERIALS RELATED TO IBM TotalStorage SAN File System V 2.1.0 (COLLECTIVELY "PROGRAM"), YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. REGARDLESS OF HOW YOU ACQUIRE THE PROGRAM (ELECTRONICALLY, PRE-LOADED, ON MEDIA OR OTHERWISE), DOWNLOADING, INSTALLING OR USING THE PROGRAM WILL INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.
THE PROGRAM IS ALSO ACCOMPANIED BY CERTAIN THIRD PARTY CODE THAT IS NOT GOVERNED BY THIS AGREEMENT. THE TERMS AND CONDITIONS ASSOCIATED WITH SUCH THIRD PARTY CODE IS CONTAINED IN THE "ABOUT.HTML" FILE FOR THAT CODE OR OTHER REFERENCED FILE. YOUR USE OF SUCH THIRD PARTY CODE INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS ASSOCIATED WITH SUCH THIRD PARTY CODE. SUCH THIRD PARTY IS IDENTIFIED BELOW IN THE SECTION ENTITLED "THIRD PARTY CODE."
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT DOWNLOAD OR USE THE PROGRAM. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS ASSOCIATED WITH THE THIRD PARTY CODE, YOU MAY NOT USE SUCH THIRD PARTY CODE.
"Extensions" shall mean tools and/or utilities that are developed to: (a) interoperate with and be compatible with the Program, (b) extend the functionality of the Program and (c) enable the creation of software programs.
"Re-distributable Components" of the Program shall mean those components of the Program designated in Attachment 1 to this Agreement.
"Offering" shall mean a product that: (a) contains Extensions, (b) contains the Re-distributable Components as required by Attachment 1, (c) contains significant added functionality over that of the Re-distributable Components, and (d) is not marketed as a functionally equivalent substitute for the Program.
You may terminate this Agreement and your license to the Program at any time. Upon termination of this Agreement, you must destroy all your copies of the Programs, including any partial copies. IBM may terminate your license if you fail to comply with the terms of this Agreement.
This Program is based on code licensed by IBM under the Common Public License (CPL) from Eclipse.org. The disclaimers of warranties/conditions and all disclaimers/limitations of liability contained in this Agreement are also intended to apply to all Contributors as defined in the CPL. Such Contributors are intended third party beneficiaries of all warranty/liability disclaimers and limitations contained in this Agreement. Any provisions in this Agreement that differ from the CPL are offered by IBM alone and not by any other party including, without limitation, any Contributor. The source code licensed from Eclipse.org is included with this Program and its use is governed by the terms and conditions of the CPL, and not this Agreement. The Program also includes GEF and XSD source code. Use of the GEF and XSD source code is governed by the terms and conditions of this Agreement, and not the CPL.
Notwithstanding anything to the contrary in this Agreement, IBM has no obligation to provide maintenance, end-user support, technical support or Updates for the Program. You shall be responsible for any and all maintenance, end-user support and technical support with respect to Offerings and Extensions. Support for the Program may be available from IBM under a separate support agreement. IBM does not warrant or guarantee that the operability of any Extension or Offering running with the Program will be maintained with any subsequent or generally available versions of the Program.
THE PROGRAM AND ANY SUPPORT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PROGRAM AND SUPPORT REMAINS WITH YOU. IN NO EVENT WILL IBM OR ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST REVENUE, LOST DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF IBM OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN ADDITION IBM AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM.
Some jurisdictions do not allow the exclusion of implied warranties, or the limitation for consequential damages, so the above may not apply to you.
Note to U.S. Government Users - Documentation related to Restricted Rights - Use, duplication, or disclosure is subject to restrictions set forth in GSA ADP Schedule Contract with IBM Corporation.
Although IBM may try to answer technical support questions You may have regarding Your use of the Program, any such assistance does not obligate IBM to provide support or maintenance services for the Program.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York U.S.A. without regard to its principles regarding conflicts of law. All terms and conditions which by their nature should survive the termination or expiration of this Agreement, shall survive. If any provision, in whole or in part, of this Agreement is declared unenforceable at law, the rest of the provision and the Agreement remain in effect. This Agreement is the only understanding and agreement we have with respect to the Program. It supersedes all other communications, understandings or agreements (oral or written) that we may have had with respect to this Program prior to this Agreement. Only a written agreement signed by both of us can modify this Agreement.
THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES PROVISIONS CONTAINED IN THIS AGREEMENT SHALL CONTINUE TO APPLY TO YOU AND IBM WITH RESPECT TO THIRD PARTY CODE.
Third Party or Other Code may be distributed with the Program. Any such Third Party or Other Code is included for Your convenience, but is not considered part of the Program. The Third Party or Other Code is identified below.
The terms and conditions associated with the use of such Third Party or Other Code, except for the HP-UX Run Time Environment for the Java 2 Platform, are contained in the associated "about.html", and these terms, and not this Agreement, govern the use of any such code. You may find the "about.html" files in the directories associated with the applicable Third Party or Other Code. By using or not uninstalling such Third Party or Other Code after the initial installation of such Third Party or Other Code (thereby giving you access to the applicable terms and conditions), You are agreeing to such terms and conditions. You must review and agree to any updated "about.html" files that accompany Updates to the Program. The terms and conditions associated with the use of the HP-UX Runtime Environment for the Java 2 Platform are included in the "/jre" directory on HP-UX.
ATTACHMENT 1 — RE-DISTRIBUTABLE COMPONENTS
This Attachment 1 sets forth the components of the Program You may reproduce, distribute and sublicense with an Extension and/or Offering in accordance with the terms and conditions of the Agreement, including those contained in this Attachment, and the changes you must make to add your Offering or Extension branding.
RE-DISTRIBUTABLE COMPONENTS
The "Packaging and delivering Eclipse based products" topic in the Platform Plugin Developers Guide included in the Program help system provides detailed guidance for packaging an Offering based on the Program.
PLUG-IN AND CONFIGURATION NAMING RULES
All plug-ins and configurations (and their corresponding directories) must have unique identifiers following the same naming pattern as Java packages. For example, workbench plug-ins are named org.eclipse.ui[.*]. The plug-in and configuration namespace is managed hierarchically; You must not include a plug-in or configuration without prior approval from the owner of the enclosing namespace. Specifically, You must not create plug-ins or configurations with a name beginning with "org.eclipse".