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