__________________________________________________________________ NOTICE TO CUSTOMERS IBM SYSTEM PROGRAMS LICENSE AGREEMENT __________________________________________________________________ BEFORE OPENING THIS PACKAGE OR USING YOUR SYSTEM, YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS. OPENING THIS PACKAGE OR INITIAL USE OF THE SYSTEM PROGRAMS INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. LICENSE This is a license agreement ("Agreement") for IBM system programs ("Programs") which are provided on the enclosed IBM diskette(s), or may be recorded on other media included in this package, or on an IBM system ("System"). A System includes IBM machines, features, conversions, upgrades, and options, either separately or in any combination. IBM may also include other programs in this package which may be licensed under different terms and conditions. Please refer to the license agreement(s) accompanying such other programs for the terms and conditions governing their use. International Business Machines Corporation ("IBM") owns or has rights to the Programs which are protected by copyright and licensed, not sold. If you are a rightful possessor of a System, or if you have obtained Programs for the purpose of maintaining a System, IBM, or the applicable IBM country organization, grants you a license to use the Programs as part of or in conjunction with a System, or to restore and maintain the Programs. You obtain no rights other than those granted to you under this license. IBM retains title to the Programs and all copies you make of them. YOU MUST REPRODUCE THE IBM COPYRIGHT NOTICE AND ANY LEGENDS ON EACH COPY OF A PROGRAM YOU CREATE. This license authorizes you to: 1) use the Programs as part of, or in conjunction with, a System as specified in the IBM documentation; 2) modify or adapt only the SETUP and ADAPTER DESCRIPTION FILES (@XXXX.ADF), if applicable, to enable a System to operate in accordance with IBM's Official Published Specifications; 3) copy the Programs for backup, or archival purposes; 4) make copies of the Programs and distribute them to a rightful possessor of a System and to install the Programs for a rightful possessor (but only to the extent necessary to restore or maintain the System), provided that you supply such party a copy of this Agreement. Initial use of the Programs by such party shall indicate acceptance of this Agreement; and 5) transfer possession of these Programs and diskette(s) to another party in conjunction with the transfer of a System, provided that you supply a copy of this Agreement to such party. Initial use of these Programs by such party shall indicate acceptance of this Agreement. Such transfer of possession of the Programs 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 Programs. You may NOT: 1) use, merge, copy, display, adapt, modify, execute, distribute or transfer the Programs, except as authorized by this license; 2) reverse assemble, reverse compile, decode, or translate the Programs; or 3) sublicense, rent, lease, or assign Programs. WARRANTY IBM warrants the Programs in accordance with the Statement of Limited Warranty that accompanied your System, 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 Agreement. In either event, you must destroy all your copies of the 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 Programs in the United States, this license is governed by the laws of the State of New York. If you acquired the 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 Programs.