in respect of any goods or services which IBM provides, if you require the goods
or services for the purposes of a business as defined in that Act.
Limitation of Liability (Section 5): The following paragraph is added to this
Section: Where Programs are not acquired for the purposes of a business as
defined in the Consumer Guarantees Act 1993, the limitations in this Section are
subject to the limitations in that Act.
PEOPLE’S REPUBLIC OF CHINA:
Charges (Section 3): The following paragraph
is added to the Section: All banking charges incurred in the People’s Republic of
China will be borne by you and those incurred outside the People’s Republic of
China will be borne by IBM.
UNITED KINGDOM:
Limitation of Liability (Section 5): The following paragraph
is added to this Section at the end of the first paragraph: The limitation of liability
will not apply to any breach of IBM’s obligations implied by Section 12 of the Sale
of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982.
License Information
Program: Embedded Software from Cisco Systems, Inc.
Program-unique Terms
The following additional Software License terms supplement the IBM International
License Agreement for Non-Warranted Programs (ILA) provided to you by IBM or
an IBM reseller in connection with your purchase of an IBM product. Solely with
respect to your use of the Cisco software (the
″
Cisco Software
″
) contained within
the IBM product you have purchased, these terms supersede the ILA.
1.
Your license to the Cisco Software is a license to (a) use the software in the
operation of a Cisco networking product only; (b) make not more than one (1)
copy of the Cisco Software, which you may use only for purposes of backup
and disaster recovery. You may not otherwise copy the Cisco Software, and you
may not transfer the Cisco Software, even if you sell or lease the Cisco
networking product with which the Cisco Software is provided. The purchaser
or other transferee of the Cisco Software must obtain from Cisco or a Cisco
reseller (including IBM) a new license to use the Cisco Software.
2.
In addition to the warranty disclaimers provided in Point 4 of the ILA, Cisco
disclaims any warranty that the Cisco Software or any equipment, system or
network on which the Cisco Software is used will be free of vulnerability to
intrusion or attack.
3.
In the event you breach any provision of the ILA provided to you, or any
provision of these additional terms, your right to use the Cisco Software will
terminate immediately.
4.
If you received the Cisco Software in the European Union, the Middle East, or
Africa, the law applicable to your use of the Cisco Software is English law. If
you received the Cisco Software in Canada, the law applicable to your use of
the Cisco Software is Ontario law. If you received the Cisco Software in
Australia or New Zealand, the law applicable to your use of the Cisco Software
is Australian law. If you received the Cisco Software elsewhere in the world,
the law applicable to your use of the Cisco Software is the law of the State of
California, the United States of America.
5.
For United States government users, the Cisco Software is Commercial
Computer Software provided with Restricted Rights per the terms of the
Federal Acquisition Regulation.
140
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