IBM PERSONAL SYSTEM/2 REFERENCE/OPTION DISKETTE LICENSE REVISION VERSION 4.3 9/11/91 __________________________________________________________________ NOTICE TO CUSTOMERS IBM SYSTEM PROGRAMS LICENSE AGREEMENT __________________________________________________________________ BEFORE DOWNLOADING REFERENCE DISKETTES, YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. DOWNLOADING REFERENCE DISKETTES OR INITIAL USE OF THE SYSTEM PROGRAMS INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. LICENSE This is a License Agreement for IBM System Programs which are provided on the enclosed IBM Reference/Option Diskette(s), or may be recorded on other media included in this package, or on the IBM Systems ("System(s)"). IBM may also include other programs with this System which may be licensed under different terms and conditions that accompany these programs. International Business Machines Corporation ("IBM") owns the System Programs. The System Programs are protected by copyright and are licensed not sold. If you are a rightful possessor of a System, or if you have obtained System Programs for the purpose of maintaining a System, IBM or the applicable IBM country organization, grants you a license to use the System Programs as part of or in conjunction with a System, or to restore and maintain the System Programs. You obtain no rights other than those granted to you under this license. IBM retains title to the System Programs and all copies you make of them. This license authorizes you to: 1). use, as identified in the IBM System documentation and modify or adapt only the SETUP and OPTION ADAPTER DESCRIPTION FILES (@XXXX.ADF) to enable a System to operate in accordance with IBM's Official Published Specifications and to restore and maintain a System; and 2). copy the System Programs for backup, or archival purposes; and 3). make copies of the System Programs and distribute them to a rightful possessor of a System and to install the System Programs for a rightful possessor of a System, but only to the extent necessary to restore or maintain Systems; provided that you supply such party a copy of this license agreement. Initial use of the System Programs by such party shall indicate acceptance of this license agreement. YOU MUST REPRODUCE THE IBM COPYRIGHT NOTICE AND ANY LEGENDS ON EACH COPY OF THE SYSTEM PROGRAMS YOU CREATE; and 4). transfer possession of these System Programs and this Reference/Option Diskette to another party in conjunction with the transfer of a System/Option; provided that you supply a copy of this license agreement to such party. Initial use of these System Programs by such party shall indicate acceptance of this license agreement. Such transfer of possession of the System Programs and Reference/Option diskette shall terminate your license from IBM, and you must, at the same time, either transfer to such party or destroy all your other copies of the System Programs. You may NOT: 1). use, merge, copy display, adapt, modify, execute, distribute or transfer the System Programs, except as authorized by this license; or 2). reverse assemble, reverse compile, decode, or translate the System Programs. Any attempt to sublicense, rent, lease, assign or to transfer System Programs, except as expressly provided by this license, is hereby rendered null and void. WARRANTY IBM warrants the System Programs in accordance with the Statement of Limited Warranty that accompanied your System or Option which is hereby incorporated by reference. GENERAL You may terminate your license at any time. IBM may terminate your license if you fail to comply with the terms and conditions of this License Agreement. In either event, you must destroy all your copies of the System Programs. You are responsible for the payment of any taxes, including personal property taxes, resulting from this Agreement. Neither party may bring an action, regardless of form, more than two years after the cause of action arose. If you acquire the System Programs in the United States, this license is governed by the laws of the State of New York. If you acquired the System Programs in Canada, this license is governed by the laws of the Province of Ontario. Otherwise, this license is governed by the laws of the country in which you acquired the System Programs.