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 Diagnostics for POS Systems and
Peripherals Version 4.3.0
Program Number: 5639CC400
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:
Fontconfig
freetype2
iterm
java14-jre
libpng
LibTomCrypt
libungif
lilo
motif
ncurses
openssh
openssl
pcmcia
PCRE
portmap
strace
ungif
xf86tools
XFree86
zlib
JavaPOS Device Control
JDOM
Ncftp
Pegasus
Perl
Tinyxml
SWT
Eclipse RCP
JFace
Separately Licensed Code
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. Each of the components listed below is
considered "Separately Licensed Code". IBM Separately Licensed Code is
licensed to You under the terms of the applicable third party
license agreement(s) set forth in the NON_IBM_LICENSE file(s) that
accompanies the Program. Notwithstanding any of the terms in the
Agreement, or any other agreement You may have with IBM, the terms of
such third party license agreement(s) governs Your use of all
Separately Licensed Code unless otherwise noted below.
Future Program updates or fixpacks may contain additional
Separately Licensed Code. Such additional Separately Licensed Code and
related licenses are listed in another NON_IBM_LICENSE file that
accompanies the Program update or fixpack. You acknowledge that You
have read and agree to the license agreements contained in the
NON_IBM_LICENSE file(s). If You do not agree to the terms of these third
party license agreements, You may not use the Separately Licensed
Code.
For Programs acquired under the International Program
License Agreement ("IPLA") or International Program License
Agreement for Non Warranted Program ("ILAN") and You are the original
licensee of the Program, if You do not agree with the third party
license agreements, You may return the Program in accordance with
the terms of, and within the specified time frames stated in,
the "Money-back Guarantee" section of the IPLA or ILAN IBM
Agreement.
Note: Notwithstanding any of the terms in the third party
license agreement, the Agreement, or any other agreement You may
have with IBM:
(a) IBM provides this Separately Licensed Code to You
WITHOUT WARRANTIES OF ANY KIND;
(b) IBM DISCLAIMS 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 SEPARATELY LICENSED CODE;
(c) IBM is not liable to You, and will not defend,
indemnify, or hold You harmless for any claims arising from or related
to the Separately Licensed Code; and
(d) IBM is not 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 Separately Licensed Code.
Notwithstanding these exclusions, in Germany and Austria,
IBM's warranty and liability for the Separately Licensed Code is
governed only by the respective terms applicable for Germany and
Austria in IBM license agreements.
Note: IBM may provide limited support for some Separately
Licensed Code. If such support is available, the details and any
additional terms related to such support will be set forth in the
License Information document.
The following are Separately Licensed Code:
aaa_base
alsa
bash
busybox
cdrecord
cloop
db
devs
dhcp
e2fsprogs
expat
fbset
filesystem
fluxbox
gawk
gdb
gdbm
glib
glibc
hdparm
hotplug
hwinfo
kdb
kernel
layout_engine
libtool
libstdc++
libusb
mfonts
minicom
mkisofs
module-init-tools
netcfg
pam
pciutils
readline
resmgr
sed
setserial
syslinux
TI USB 3410/5052 Linux driver
udev
usbutils
utempter
wireless-tools
RSS VPD driver
RSS Dump Switch driver
RSS PS/2 POS Keyboard Sniffer Patch
Elofousb v1.1 kernel mode driver
RSS MSR driver
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. You agree that such
documentation and other Program content may be supplied only in the
English language.
Program-unique Terms
This Program can be used only on the following IBM hardware:
All models of IBM Kiosk 4836 and 4838
IBM 4800-xx2, xx3
IBM 4810-x3x, x4x
IBM 4910-x2x, x4x
IBM 4851-514, E14
IBM 4846-545, 565, E45, E65
IBM 4840-544, 564, E44
IBM 4613
D/N: L-MRIG-7JUMBZ
P/N: L-MRIG-7JUMBZ