Veritas Access 7.3 Third-Party License Agreements

DBD::DB2

Copyright (c) 1995-2004 International Business Machines Corp.

License Agreement for DBD::DB2

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS PROGRAM.

IF YOU INSTALL OR USE THIS PROGRAM, YOU AGREE TO THESE TERMS.

1. This DBD::DB2 code "Program" is owned by International Business Machines Corporation or its subsidiaries (IBM) or IBM's suppliers, and is copyrighted and licensed, not sold. IBM retains title to the Program, and grants the user of the Program "You" an: irrevocable, worldwide, nonexclusive, perpetual, royalty-free and fully paid-up license (i) to use, execute, display, perform, and reproduce the Program, (ii) to prepare derivative works based on the Program, (iii) to distribute copies of the Program and derivative works thereof, and (iv) to authorize others to do all of the above.

2. You must reproduce the copyright notice and any other legend of ownership on each copy or partial copy of the Program.

3. IBM would appreciate receiving a copy of derivative works of the Program that You create. You may provide to IBM such derivative works pursuant to the terms of this Agreement and the directions in the README file contained within the Program directory. You represent and warrant to IBM that You are the sole author of, and/or have full exclusive right, title and interest to any and all derivative works You provide to IBM. You further represent that You are under no obligation to assign your rights in such derivative works to any third-party, including without limitation, any current or former employer.

4. You agree that IBM may utilize all information, ideas, concepts, know-how or techniques furnished by You to IBM in connection with any derivative works You make or have made to the IBM Program, and that You provide to IBM and IBM may, but shall not be obligated to, include such derivative works in the IBM Program or in any IBM product without accounting to You.

5. With respect to any derivative works of the Program You provide to IBM, You grant to IBM an: irrevocable, worldwide, non-exclusive, perpetual, royalty-- free and fully paid-up license (i) to use, execute, display, perform, and reproduce your derivative works, (ii) to prepare derivative works based upon your derivative works, (iii) to distribute copies of your derivative works, and (iv) to authorize others to do all of the above.

6. YOU UNDERSTAND THAT THE PROGRAM IS BEING PROVIDED TO YOU "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, INTELLECTUAL PROPERTY INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. IBM has no obligation to provide service, defect correction, or any maintenance for the Program. IBM has no obligation to supply any Program updates or enhance-ments to You even if such are or later become available.

7. IBM accepts no liability for damages You may suffer as a result of your use of the Program. Under no circumstances is IBM liable for any of the following:

1. third-party claims against You for losses or damages;

2. loss of, or damage to, your records or data; or

3. direct damages, lost profits, lost savings, incidental, special, or indirect damages or consequential damages, even if IBM or its authorized supplier, has been advised of the possibility of such damages.

8. Some jurisdictions do not allow these limitations or exclusions, so they may not apply to You.

9. You are responsible for the payment of any taxes resulting from this license.

10. You agree not to bring a legal action more than two years after the cause of action arose.

11. This license will be governed by and interpreted in accordance with the laws of the State of New York.

12. This license is the only understanding and agreement we have for your use of the Program.