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This document provides license information for multiple IBM programs. It includes two license agreements - one for evaluation purposes and one for productive use. It also provides program-specific licensing details for IBM SPSS programs, including license restrictions and terms. The licensed programs are provided for a 14-day evaluation period under the evaluation agreement.

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0% found this document useful (0 votes)

51 views61 pages

English

Uploaded by

wahyudimaulanakris

We take content rights seriously. If you suspect this is your content, claim it here.

Available Formats

Download as TXT, PDF, TXT or read online on Scribd

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NOTICE

This document includes License Information documents below for multiple Programs.
Each License Information document identifies the Program(s) to which it applies.
Only those License Information documents for the Program(s) for which Licensee has
acquired entitlements apply.

==============================================

IMPORTANT: READ CAREFULLY

Two license agreements are presented below.

1. IBM International License Agreement for Evaluation of Programs

2. IBM International Program License Agreement

If Licensee is obtaining the Program for purposes of productive use (other than
evaluation, testing, trial "try or buy," or demonstration): By clicking on the
"Accept" button below, Licensee accepts the IBM International Program License
Agreement, without modification.

If Licensee is obtaining the Program for the purpose of evaluation, testing, trial
"try or buy," or demonstration (collectively, an "Evaluation"): By clicking on the
"Accept" button below, Licensee accepts both (i) the IBM International License
Agreement for Evaluation of Programs (the "Evaluation License"), without
modification; and (ii) the IBM International Program License Agreement (the
"IPLA"), without modification.

The Evaluation License will apply during the term of Licensee's Evaluation.

The IPLA will automatically apply if Licensee elects to retain the Program after
the Evaluation (or obtain additional copies of the Program for use after the
Evaluation) by entering into a procurement agreement (e.g., the IBM International
Passport Advantage or the IBM Passport Advantage Express agreements).

The Evaluation License and the IPLA are not in effect concurrently; neither
modifies the other; and each is independent of the other.

The complete text of each of these two license agreements follow.

LICENSE INFORMATION

The Programs listed below are licensed under the following License Information
terms and conditions in addition to the Program license terms previously agreed to
by Client and IBM. If Client does not have previously agreed to license terms in
effect for the Program, the International License Agreement for Evaluation of
Programs (Z125-5543-05) applies.

Program Name (Program Number):

IBM SPSS Advanced Statistics 25.0 (Evaluation)
IBM SPSS Bootstrapping 25.0 (Evaluation)
IBM SPSS Categories 25.0 (Evaluation)
IBM SPSS Complex Samples 25.0 (Evaluation)
IBM SPSS Conjoint 25.0 (Evaluation)
IBM SPSS Custom Tables 25.0 (Evaluation)
IBM SPSS Data Preparation 25.0 (Evaluation)
IBM SPSS Decision Trees 25.0 (Evaluation)
IBM SPSS Direct Marketing 25.0 (Evaluation)
IBM SPSS Exact Tests 25.0 (Evaluation)
IBM SPSS Forecasting 25.0 (Evaluation)
IBM SPSS Missing Values 25.0 (Evaluation)
IBM SPSS Neural Networks 25.0 (Evaluation)
IBM SPSS Regression 25.0 (Evaluation)
IBM SPSS Statistics Base 25.0 (Evaluation)
IBM SPSS Statistics Standard 25.0 (Evaluation)
IBM SPSS Statistics Professional 25.0 (Evaluation)
IBM SPSS Statistics Base Campus Edition 25.0 (Evaluation)
IBM SPSS Statistics Standard Campus Edition 25.0 (Evaluation)
IBM SPSS Statistics Standard for Secondary Education 25.0 (Evaluation)

The following standard terms apply to Licensee's use of the Program.

Evaluation Period

The evaluation period begins on the date that Licensee agrees to the terms of this
Agreement and ends after 14 days.

Supporting Programs

The Program is licensed as a multi-product package and includes the Supporting

Programs identified below. Licensee is authorized to install and use such
Supporting Programs only to support Licensee's use of the Principal Program under
this Agreement and within the limits of the Proofs of Entitlement for the Program
(unless broader rights are provided elsewhere in this License Information
document). The phrase "to support Licensee's use" would include only those uses
that are necessary or otherwise directly related to a licensed use of the Principal
Program or another Supporting Program. The Supporting Programs may not be used for
any other purpose. Licensee is not authorized to transfer or remarket the
Supporting Programs separate from the Principal Program. A Supporting Program may
be accompanied by license terms, and those terms, if any, apply to Licensee's use
of that Supporting Program. In the event of conflict, the terms in this License
Information document supersede the Supporting Program's terms. When Licensee's
right to use the Program expires or terminates, Licensee must discontinue use,
destroy or promptly return all copies of the Supporting Programs to the party from
whom Licensee acquired the Program. If Licensee downloaded the Supporting Programs,
Licensee should contact the party from whom Licensee acquired the Program. If
Licensee wishes to license the Supporting Programs for any use beyond the limits
set forth above, please contact an IBM Sales Representative or the party from whom
Licensee acquired the Program to obtain the appropriate license.

The following are Supporting Programs licensed with the Program:

IBM SPSS Statistics 25.0 Collaboration and Deployment Services Adapter
IBM SPSS Statistics Diagnostic Utility 25.0
IBM SPSS Statistics Data File Drivers 25.0
IBM SPSS Data Access Pack 7.1.2
IBM SPSS Concurrent Licensing Tools 9.7

Privacy

Licensee acknowledges and agrees that IBM may use cookie and tracking technologies
to collect personal information in gathering product usage statistics and
information designed to help improve user experience and/or to tailor interactions
with users in accordance with the IBM Online Privacy Policy, available at
http://www.ibm.com/privacy/.
Source Components and Sample Materials

The Program may include some components in source code form ("Source Components")
and other materials identified as Sample Materials. Licensee may copy and modify
Source Components and Sample Materials for internal use only provided such use is
within the limits of the license rights under this Agreement, provided however that
Licensee may not alter or delete any copyright information or notices contained in
the Source Components or Sample Materials. IBM provides the Source Components and
Sample Materials without obligation of support and "AS IS", WITH NO WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF TITLE, NON-INFRINGEMENT
OR NON-INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.

Program Keys

For Programs which require keys to operate, Licensee may not have more keys to the
Program in Licensee's Enterprise than Licensee has entitlements.

Terms for Microsoft Visual Studio

The Program may contain Microsoft Visual Studio SDK code. Licensee is not permitted
to use such code to develop extensions to Microsoft Visual Studio.

Prohibited Uses

Licensee may not use or authorize others to use the Program or any part of the
Program, alone or in combination with other products, in support of any of the
following High Risk Activities: design, construction, control, or maintenance of
nuclear facilities, mass transit systems, air traffic control systems, weapons
systems, or aircraft navigation or communications, or any other activity where
program failure could give rise to a material threat of death or serious personal
injury.

Export and Import Restrictions

This Program may contain cryptography. Transfer to, or use by, users of the Program
may be prohibited or subject to export or import laws, regulations or policies,
including those of the United States Export Administration Regulations. Licensee
assumes all responsibility for complying with all applicable laws, regulations, and
policies regarding the export, import, or use of this Program, including but not
limited to, U.S. restrictions on exports or reexports. To obtain the export
classification of this Program refer to: https://www.ibm.com/products/exporting/.

LICENSE INFORMATION

Program Name (Program Number):

IBM SPSS Advanced Statistics 25.0 (5725-A54)
IBM SPSS Bootstrapping 25.0 (5725-A54)
IBM SPSS Categories 25.0 (5725-A54)
IBM SPSS Complex Samples 25.0 (5725-A54)
IBM SPSS Conjoint 25.0 (5725-A54)
IBM SPSS Custom Tables 25.0 (5725-A54)
IBM SPSS Data Preparation 25.0 (5725-A54)
IBM SPSS Decision Trees 25.0 (5725-A54)
IBM SPSS Direct Marketing 25.0 (5725-A54)
IBM SPSS Exact Tests 25.0 (5725-A54)
IBM SPSS Forecasting 25.0 (5725-A54)
IBM SPSS Missing Values 25.0 (5725-A54)
IBM SPSS Neural Networks 25.0 (5725-A54)
IBM SPSS Regression 25.0 (5725-A54)
IBM SPSS Statistics Base 25.0 (5725-A54)
IBM SPSS Statistics Standard 25.0 (5725-A54)
IBM SPSS Statistics Professional 25.0 (5725-A54)
IBM SPSS Statistics Base Campus Edition 25.0 (5725-A54)
IBM SPSS Statistics Standard Campus Edition 25.0 (5725-A54)
IBM SPSS Statistics Standard for Secondary Education 25.0 (5725-A54)

The following standard terms apply to Licensee's use of the Program.

Limited use right

As described in the International Program License Agreement ("IPLA") and this

License Information, IBM grants Licensee a limited right to use the Program. This
right is limited to the level of Authorized Use, such as a Processor Value Unit
("PVU"), a Resource Value Unit ("RVU"), a Value Unit ("VU"), or other specified
level of use, paid for by Licensee as evidenced in the Proof of Entitlement.
Licensee's use may also be limited to a specified machine, or only as a Supporting
Program, or subject to other restrictions. As Licensee has not paid for all of the
economic value of the Program, no other use is permitted without the payment of
additional fees. In addition, Licensee is not authorized to use the Program to
provide commercial IT services to any third party, to provide commercial hosting or
timesharing, or to sublicense, rent, or lease the Program unless expressly provided
for in the applicable agreements under which Licensee obtains authorizations to use
the Program. Additional rights may be available to Licensee subject to the payment
of additional fees or under different or supplementary terms. IBM reserves the
right to determine whether to make such additional rights available to Licensee.

Specifications

Program's specifications can be found in the collective Description and Technical

Information sections of the Program's Announcement Letters.

Supporting Programs

The Program is licensed as a multi-product package and includes the Supporting

The following are Supporting Programs licensed with the Program:

Privacy

Source Components and Sample Materials

Program Keys

For Programs which require keys to operate, Licensee may not have more keys to the
Program in Licensee's Enterprise than Licensee has entitlements.

Terms for Microsoft Visual Studio

The Program may contain Microsoft Visual Studio SDK code. Licensee is not permitted
to use such code to develop extensions to Microsoft Visual Studio.

Prohibited Uses

Export and Import Restrictions

The following units of measure may apply to Licensee's use of the Program.

Authorized User

Authorized User is a unit of measure by which the Program can be licensed. An

Authorized User is a unique person who is given access to the Program. The Program
may be installed on any number of computers or servers and each Authorized User may
have simultaneous access to any number of instances of the Program at one time.
Licensee must obtain separate, dedicated entitlements for each Authorized User
given access to the Program in any manner directly or indirectly (for example: via
a multiplexing program, device, or application server) through any means. An
entitlement for an Authorized User is unique to that Authorized User and may not be
shared, nor may it be reassigned other than for the permanent transfer of the
Authorized User entitlement to another person.

Concurrent User

Concurrent User is a unit of measure by which the Program can be licensed. A

Concurrent User is a person who is accessing the Program at any particular point in
time. Regardless of whether the person is simultaneously accessing the Program
multiple times, the person counts only as a single Concurrent User. The Program may
be installed on any number of computers or servers, but Licensee must obtain
entitlements for the maximum number of Concurrent Users simultaneously accessing
the Program. Licensee must obtain an entitlement for each simultaneous Concurrent
User accessing the Program in any manner directly or indirectly (for example: via a
multiplexing program, device, or application server) through any means.

In addition to the above, the following terms apply to Licensee's use of the
Program.

Contract (Not available to new Licensees)

IBM may, at its sole and exclusive discretion, agree to make available to Licensee
licenses to use certain versions of Programs under the Contract license type that
are no longer marketed by IBM ("Legacy Programs"). All such licenses, indicated by
the notation "Contract", with respect to the Proof of Entitlement (PoE), may only
be used to expand Licensee's use of such Legacy Programs for which Licensee already
has a right to use at the time Licensee is granted additional rights under this
Agreement. Licensee may install and use the Legacy Programs up to the amount and in
the manner authorized in the PoE. Licensee's use of all Legacy Programs will be
governed by and subject to the terms, conditions, and restrictions of the SPSS
license agreement under which Licensee acquired rights to use the Program. Under no
circumstances will the terms of the SPSS license agreement be interpreted to expand
Licensee's right to use the Legacy Programs beyond the amount or in a manner not
authorized in the PoE.

Campus Edition, Academic Authorized User and Academic Concurrent User

If Licensee acquired a "Campus Edition," "Academic Authorized User" or "Academic

Concurrent User" license, as indicated by the notation "Campus Edition", "Academic
Authorized User" or "Academic Concurrent User" in a Proof of Entitlement ("PoE")
for the Program, Licensee's use of the Program is restricted to classroom teaching
and non-commercial academic research ("Campus Use"). Non-commercial academic
research means research by degree seeking students and faculty members where (i)
the results of such research are not intended primarily for the benefit of a third
party; (ii) such results are made available to anyone without restriction on use,
copying or further distribution; and (iii) any copy of any such result is furnished
for no more than the cost of reproduction and shipping. Any other use including but
not limited to university administration and operations is strictly prohibited.

Supporting Program Details

IBM SPSS Data Access Pack

- Use Limitations: Use by Principal Program

"Use by Principal Program" means that the Supporting Program is provided

exclusively for use by the Principal Program. Neither Licensee nor any application,
program or device is authorized to directly use or access the services of the
Supporting Program except Licensee may access the Supporting Program to perform
administrative functions for the Supporting Program such as backup, recovery and
authorized configuration.

L/N: L-CVIS-AMDMNC
D/N: L-CVIS-AMDMNC
P/N: L-CVIS-AMDMNC

==============================================

LICENSE INFORMATION

Program Name (Program Number):

IBM SPSS Statistics Base Grad Pack 25.0 (5725-A54)
IBM SPSS Statistics Standard Grad Pack 25.0 (5725-A54)
IBM SPSS Statistics Base Grad Pack Shrinkwrap 25.0 (5725-B67)
IBM SPSS Statistics Standard Grad Pack Shrinkwrap 25.0 (5725-B67)

The following standard terms apply to Licensee's use of the Program.

Limited use right

As described in the International Program License Agreement ("IPLA") and this

Specifications

Program's specifications can be found in the collective Description and Technical

Information sections of the Program's Announcement Letters.

Supporting Programs

The Program is licensed as a multi-product package and includes the Supporting

The following are Supporting Programs licensed with the Program:

IBM SPSS Data Access Pack 7.1.2
IBM SPSS Statistics Diagnostic Utility 25.0

Source Components and Sample Materials

Program Keys

For Programs which require keys to operate, Licensee may not have more keys to the
Program in Licensee's Enterprise than Licensee has entitlements.

Terms for Microsoft Visual Studio

The Program may contain Microsoft Visual Studio SDK code. Licensee is not permitted
to use such code to develop extensions to Microsoft Visual Studio.

Prohibited Uses
Licensee may not use or authorize others to use the Program or any part of the
Program, alone or in combination with other products, in support of any of the
following High Risk Activities: design, construction, control, or maintenance of
nuclear facilities, mass transit systems, air traffic control systems, weapons
systems, or aircraft navigation or communications, or any other activity where
program failure could give rise to a material threat of death or serious personal
injury.

Export and Import Restrictions

Third Party Data and Services

The Program may contain links to or be used to access third party data services,
databases, web services, software, or other third party content (all, "content").
Access to this content is provided "AS-IS", WITH NO WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING THE WARRANTY OF TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE
AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. Access can be terminated by the relevant third parties at their
sole discretion at any time. Licensee may be required to enter into separate
agreements with the third parties for the access to or use of such content. IBM is
not a party to any such separate agreements and as an express condition of this
license Licensee agrees to comply with the terms of such separate agreements.

In addition to the above, the following terms apply to Licensee's use of the
Program.

Academic Authorized User

If Licensee acquired an "Academic Authorized User" license, as indicated by the

notation "Academic Authorized User" in a Proof of Entitlement ("PoE") for the
Program, Licensee's use of the Program is restricted to classroom teaching and non-
commercial academic research ("Campus Use"). Non-commercial academic research means
research by degree seeking students and faculty members where (i) the results of
such research are not intended primarily for the benefit of a third party; (ii)
such results are made available to anyone without restriction on use, copying or
further distribution; and (iii) any copy of any such result is furnished for no
more than the cost of reproduction and shipping. Any other use including but not
limited to university administration and operations is strictly prohibited.

Grad Packs

If Licensee acquires a "Grad Pack" license, as evidenced by the notation "Grad

Pack" in the Program Name on a PoE, use of the Program is restricted to use by a
Student, which is an individual who is currently enrolled in an institution of
higher education to obtain a degree or participate in a continuing education
program, for educational purposes and non-commercial academic research. Non-
commercial academic research means research by a Student where (i) the results of
such research are not intended primarily for the benefit of a third party; (ii)
such results are made available to anyone without restriction on use, copying or
further distribution; and (iii) any copy of any such result is furnished for no
more than the cost of reproduction and shipping. Any other use, including but not
limited to, university administration and operations is strictly prohibited.

Supporting Program Details

IBM SPSS Data Access Pack

- Use Limitations: Use by Principal Program

"Use by Principal Program" means that the Supporting Program is provided

L/N: L-CVIS-AMDMNT
D/N: L-CVIS-AMDMNT
P/N: L-CVIS-AMDMNT

==============================================

LICENSE INFORMATION

Program Name (Program Number):

IBM SPSS Statistics Premium Grad Pack 25.0 (5725-A54)
IBM SPSS Statistics Premium Grad Pack Shrinkwrap 25.0 (5725-B67)

The following standard terms apply to Licensee's use of the Program.

Limited use right

As described in the International Program License Agreement ("IPLA") and this

Specifications
Program's specifications can be found in the collective Description and Technical
Information sections of the Program's Announcement Letters.

Supporting Programs

The Program is licensed as a multi-product package and includes the Supporting

The following are Supporting Programs licensed with the Program:

IBM SPSS Data Access Pack 7.1.2
IBM SPSS Statistics Diagnostic Utility 25.0

Source Components and Sample Materials

Program Keys

For Programs which require keys to operate, Licensee may not have more keys to the
Program in Licensee's Enterprise than Licensee has entitlements.

Prohibited Uses

Export and Import Restrictions

Third Party Data and Services

In addition to the above, the following terms apply to Licensee's use of the
Program.

Academic Authorized User

If Licensee acquired an "Academic Authorized User" license, as indicated by the

Grad Packs

If Licensee acquires a "Grad Pack" license, as evidenced by the notation "Grad

Supporting Program Details

IBM SPSS Data Access Pack

- Use Limitations: Use by Principal Program

"Use by Principal Program" means that the Supporting Program is provided

L/N: L-CVIS-AMDMPE
D/N: L-CVIS-AMDMPE
P/N: L-CVIS-AMDMPE

==============================================

LICENSE INFORMATION

Program Name (Program Number):

IBM SPSS Statistics Premium 25.0 (5725-A54)

The following standard terms apply to Licensee's use of the Program.

Limited use right

As described in the International Program License Agreement ("IPLA") and this

Specifications

Program's specifications can be found in the collective Description and Technical

Information sections of the Program's Announcement Letters.

Supporting Programs

The Program is licensed as a multi-product package and includes the Supporting

The following are Supporting Programs licensed with the Program:

IBM SPSS Statistics 25.0 Collaboration and Deployment Services Adapter
IBM SPSS Statistics Data File Drivers 25.0
IBM SPSS Data Access Pack 7.1.2
IBM SPSS Amos 25.0
IBM SPSS Concurrent Licensing Tools 9.7
IBM SPSS Statistics Diagnostic Utility 25.0

Privacy

Source Components and Sample Materials

Program Keys

For Programs which require keys to operate, Licensee may not have more keys to the
Program in Licensee's Enterprise than Licensee has entitlements.

Terms for Microsoft Visual Studio

The Program may contain Microsoft Visual Studio SDK code. Licensee is not permitted
to use such code to develop extensions to Microsoft Visual Studio.

Prohibited Uses

Export and Import Restrictions

Third Party Data and Services

The following units of measure may apply to Licensee's use of the Program.

Authorized User

Authorized User is a unit of measure by which the Program can be licensed. An

Concurrent User

Concurrent User is a unit of measure by which the Program can be licensed. A

In addition to the above, the following terms apply to Licensee's use of the
Program.

Supporting Program Details

IBM SPSS Data Access Pack
- Use Limitations: Use by Principal Program

"Use by Principal Program" means that the Supporting Program is provided

L/N: L-CVIS-AMDMPZ
D/N: L-CVIS-AMDMPZ
P/N: L-CVIS-AMDMPZ

==============================================

LICENSE INFORMATION

Program Name (Program Number):

IBM SPSS Statistics Premium Campus Edition 25.0 (5725-A54)

The following standard terms apply to Licensee's use of the Program.

Limited use right

As described in the International Program License Agreement ("IPLA") and this

Specifications

Program's specifications can be found in the collective Description and Technical

Information sections of the Program's Announcement Letters.

Supporting Programs

The Program is licensed as a multi-product package and includes the Supporting

The following are Supporting Programs licensed with the Program:

IBM SPSS Statistics Data File Drivers 25.0
IBM SPSS Data Access Pack 7.1.2
IBM SPSS Concurrent Licensing Tools 9.7
IBM SPSS Statistics Diagnostic Utility 25.0

Source Components and Sample Materials

Terms for Microsoft Visual Studio

The Program may contain Microsoft Visual Studio SDK code. Licensee is not permitted
to use such code to develop extensions to Microsoft Visual Studio.

Prohibited Uses

Export and Import Restrictions

Third Party Data and Services

In addition to the above, the following terms apply to Licensee's use of the
Program.

Campus Edition, Academic Authorized User and Academic Concurrent User

If Licensee acquired a "Campus Edition," "Academic Authorized User" or "Academic

Supporting Program Details

IBM SPSS Data Access Pack

- Use Limitations: Use by Principal Program

"Use by Principal Program" means that the Supporting Program is provided

L/N: L-CVIS-AMDMQJ
D/N: L-CVIS-AMDMQJ
P/N: L-CVIS-AMDMQJ

==============================================

LICENSE INFORMATION
The Programs listed below are licensed under the following License Information
terms and conditions in addition to the Program license terms previously agreed to
by Client and IBM. If Client does not have previously agreed to license terms in
effect for the Program, the International Program License Agreement (Z125-3301-14)
applies.

Program Name (Program Number):

IBM SPSS Statistics Premium Faculty Pack 25.0 (5725-A54)
IBM SPSS Statistics Author Pack 25.0 (5725-A54)

The following standard terms apply to Licensee's use of the Program.

Limited use right

As described in the International Program License Agreement ("IPLA") and this

Specifications

Program's specifications can be found in the collective Description and Technical

Information sections of the Program's Announcement Letters.

Supporting Programs

The Program is licensed as a multi-product package and includes the Supporting

The following are Supporting Programs licensed with the Program:

IBM SPSS Amos 25.0
IBM SPSS Statistics Data File Drivers 25.0
IBM SPSS Data Access Pack 7.1.2
IBM SPSS Statistics Diagnostic Utility 25.0

Source Components and Sample Materials

Program Keys

For Programs which require keys to operate, Licensee may not have more keys to the
Program in Licensee's Enterprise than Licensee has entitlements.

Terms for Microsoft Visual Studio

The Program may contain Microsoft Visual Studio SDK code. Licensee is not permitted
to use such code to develop extensions to Microsoft Visual Studio.

Prohibited Uses

Export and Import Restrictions

Third Party Data and Services

In addition to the above, the following terms apply to Licensee's use of the
Program.

Academic Authorized User

If Licensee acquired an "Academic Authorized User" license, as indicated by the

Faculty Pack

If Licensee acquires a "Faculty Pack" license, as evidenced by the notation

"Faculty Pack" in the Program Name on a PoE, use of the Program is restricted to
use by a Faculty Member, which is an individual who actively teaches a course
utilizing IBM SPSS Programs for a degree granting institution, for classroom
teaching and non-commercial academic research. Non-commercial academic research
means research by a Faculty Member where (i) the results of such research are not
intended primarily for the benefit of a third party; (ii) such results are made
available to anyone without restriction on use, copying or further distribution;
and (iii) any copy of any such result is furnished for no more than the cost of
reproduction and shipping. Any other use including but not limited to university
administration and operations is strictly prohibited.

Author Pack

If Licensee acquires an "Author Pack" license, as evidenced by the notation "Author

Pack" in the Program Name on a PoE, use of the Program is restricted to use by an
Author, which is an individual actively engaged in the authoring of text books or
publications, for the purpose of authoring a text book or publication on the use of
IBM SPSS Programs.

Supporting Program Details

IBM SPSS Data Access Pack

- Use Limitations: Use by Principal Program

"Use by Principal Program" means that the Supporting Program is provided

L/N: L-CVIS-AMDMR8
D/N: L-CVIS-AMDMR8
P/N: L-CVIS-AMDMR8
IMPORTANT: READ CAREFULLY

Two license agreements are presented below.

1. IBM International License Agreement for Evaluation of Programs

2. IBM International Program License Agreement

The Evaluation License will apply during the term of Licensee's Evaluation.

The Evaluation License and the IPLA are not in effect concurrently; neither
modifies the other; and each is independent of the other.

The complete text of each of these two license agreements follow.

International License Agreement for Evaluation of Programs

Part 1 - General Terms

BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, CLICKING ON AN "ACCEPT" BUTTON, OR

OTHERWISE USING THE PROGRAM, LICENSEE AGREES TO THE TERMS OF THIS AGREEMENT. IF YOU
ARE ACCEPTING THESE TERMS ON BEHALF OF LICENSEE, YOU REPRESENT AND WARRANT THAT YOU
HAVE FULL AUTHORITY TO BIND LICENSEE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE
TERMS,

* DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, CLICK ON AN "ACCEPT" BUTTON, OR USE THE
PROGRAM; AND

* PROMPTLY RETURN THE UNUSED MEDIA AND DOCUMENTATION TO THE PARTY FROM WHOM IT WAS
OBTAINED. IF THE PROGRAM WAS DOWNLOADED, DESTROY ALL COPIES OF THE PROGRAM.

1. Definitions

"Authorized Use" - the specified level at which Licensee is authorized to execute

or run the Program. That level may be measured by number of users, millions of
service units ("MSUs"), Processor Value Units ("PVUs"), or other level of use
specified by IBM.

"IBM" - International Business Machines Corporation or one of its subsidiaries.

"License Information" ("LI") - a document that provides information and any
additional terms specific to a Program. The Program's LI can be found in the
Program's directory, by the use of a system command, or as a booklet included with
the Program.

"Program" - the following, including the original and all whole or partial copies:
1) machine-readable instructions and data, 2) components, files, and modules, 3)
audio-visual content (such as images, text, recordings, or pictures), and 4)
related licensed materials (such as keys and documentation).

2. Agreement Structure

This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms (if
any) and the LI and is the complete agreement between Licensee and IBM regarding
the use of the Program. It replaces any prior oral or written communications
between Licensee and IBM concerning Licensee's use of the Program. The terms of
Part 2 may replace or modify those of Part 1. To the extent of any conflict, the LI
prevails over both Parts.

3. License Grant

The Program is owned by IBM or an IBM supplier, and is copyrighted and licensed,
not sold.

IBM grants Licensee a limited, nonexclusive, nontransferable license to 1)

download, install, and use the Program during the evaluation period up to the
Authorized Use specified in the LI solely for internal evaluation, testing, or
demonstration purposes on a trial basis; 2) make and install a reasonable number of
copies to support such Authorized Use, and 3) make a backup copy, all provided that

a. Licensee has lawfully obtained the Program and complies with the terms of this
Agreement;

b. the backup copy does not execute unless the backed-up Program cannot execute;

c. Licensee reproduces all copyright notices and other legends of ownership on each
copy, or partial copy, of the Program;

d. Licensee maintains a record of all copies of the Program and ensures that anyone
who uses the Program (accessed either locally or remotely) 1) does so only on
Licensee's behalf and 2) complies with the terms of this Agreement;

e. Licensee does not 1) use the Program for productive purposes or otherwise use,
copy, modify, or distribute the Program except as expressly permitted in this
Agreement; 2) reverse assemble, reverse compile, otherwise translate, or reverse
engineer the Program, except as expressly permitted by law without the possibility
of contractual waiver; 3) use any of the Program's components, files, modules,
audio-visual content, or related licensed materials separately from that Program;
4) sublicense, rent, or lease the Program; or 5) use the Program for commercial
application hosting; and

f. if Licensee obtains this Program as a Supporting Program, Licensee uses this

Program only to support the Principal Program and subject to any limitations in the
license to the Principal Program, or, if Licensee obtains this Program as a
Principal Program, Licensee uses all Supporting Programs only to support this
Program, and subject to any limitations in this Agreement. For purposes of this
Item "f," a "Supporting Program" is a Program that is part of another IBM Program
("Principal Program") and identified as a Supporting Program in the Principal
Program's LI. (To obtain a separate license to a Supporting Program without these
restrictions, Licensee should contact the party from whom Licensee obtained the
Supporting Program.)

This license applies to each copy of the Program that Licensee makes.

3.1 Updates, Fixes, and Patches

When Licensee receives an update, fix, or patch to a Program, Licensee accepts any
additional or different terms that are applicable to such update, fix, or patch
that are specified in its LI. If no additional or different terms are provided,
then the update, fix, or patch is subject solely to this Agreement. If the Program
is replaced by an update, Licensee agrees to promptly discontinue use of the
replaced Program.

3.2 Term and Termination

The evaluation period begins on the date Licensee agrees to the terms of this
Agreement and ends upon the earliest of 1) the end of the duration or the date
specified by IBM in either the License Information or a transaction document or 2)
the date on which the Program automatically disables itself. Licensee will destroy
the Program and all copies made of it within ten days of the end of the evaluation
period. If IBM specifies in the LI that Licensee may retain the Program, and
Licensee elects to do so, then the Program will be subject to a different license
agreement, which IBM will provide to Licensee. In addition, a charge may apply.

IBM may terminate Licensee's license if Licensee fails to comply with the terms of
this Agreement. If the license is terminated for any reason by either party,
Licensee agrees to promptly discontinue use of and destroy all of Licensee's copies
of the Program. Any terms of this Agreement that by their nature extend beyond
termination of this Agreement remain in effect until fulfilled, and apply to both
parties' respective successors and assignees.

THE PROGRAM MAY CONTAIN A DISABLING DEVICE THAT WILL PREVENT IT FROM BEING USED
AFTER THE EVALUATION PERIOD ENDS. LICENSEE AGREES NOT TO TAMPER WITH THE DISABLING
DEVICE OR THE PROGRAM. LICENSEE SHOULD TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA
THAT MIGHT RESULT WHEN THE PROGRAM CAN NO LONGER BE USED.

4. Charges

There is no charge for the use of the Program for the duration of the evaluation
period.

5. No Warranties

SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, IBM MAKES NO

WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE PROGRAM OR SUPPORT, IF
ANY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE,
AND ANY WARRANTY OR CONDITION OF NON-INFRINGEMENT.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED

WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH
WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM PERIOD REQUIRED BY LAW. NO
WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT
APPLY TO LICENSEE. LICENSEE MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR
JURISDICTION TO JURISDICTION.
THE DISCLAIMERS AND EXCLUSIONS IN THIS SECTION 5 ALSO APPLY TO ANY OF IBM'S PROGRAM
DEVELOPERS AND SUPPLIERS.

MANUFACTURERS, SUPPLIERS, OR PUBLISHERS OF NON-IBM PROGRAMS MAY PROVIDE THEIR OWN

WARRANTIES.

IBM DOES NOT PROVIDE SUPPORT OF ANY KIND, UNLESS IBM SPECIFIES OTHERWISE. IN SUCH
EVENT, ANY SUPPORT PROVIDED BY IBM IS SUBJECT TO THE DISCLAIMERS AND EXCLUSIONS IN
THIS SECTION 5.

6. Licensee Data and Databases

To assist Licensee in isolating the cause of a problem with the Program, IBM may
request that Licensee 1) allow IBM to remotely access Licensee's system or 2) send
Licensee information or system data to IBM. However, IBM is not obligated to
provide such assistance unless IBM and Licensee enter a separate written agreement
under which IBM agrees to provide to Licensee that type of support, which is beyond
IBM's obligations in this Agreement. In any event, IBM uses information about
errors and problems to improve its products and services, and assist with its
provision of related support offerings. For these purposes, IBM may use IBM
entities and subcontractors (including in one or more countries other than the one
in which Licensee is located), and Licensee authorizes IBM to do so.

Licensee remains responsible for 1) any data and the content of any database
Licensee makes available to IBM, 2) the selection and implementation of procedures
and controls regarding access, security, encryption, use, and transmission of data
(including any personally-identifiable data), and 3) backup and recovery of any
database and any stored data. Licensee will not send or provide IBM access to any
personally-identifiable information, whether in data or any other form, and will be
responsible for reasonable costs and other amounts that IBM may incur relating to
any such information mistakenly provided to IBM or the loss or disclosure of such
information by IBM, including those arising out of any third party claims.

7. Limitation of Liability

The limitations and exclusions in this Section 7 (Limitation of Liability) apply to

the full extent they are not prohibited by applicable law without the possibility
of contractual waiver.

7.1 Items for Which IBM May Be Liable

Circumstances may arise where, because of a default on IBM's part or other

liability, Licensee is entitled to recover damages from IBM. Regardless of the
basis on which Licensee is entitled to claim damages from IBM (including
fundamental breach, negligence, misrepresentation, or other contract or tort
claim), IBM's entire liability for all claims in the aggregate arising from or
related to each Program or otherwise arising under this Agreement will not exceed
the amount of any 1) damages for bodily injury (including death) and damage to real
property and tangible personal property and 2) other actual direct damages up to
U.S. $10,000 (or equivalent in local currency).

This limit also applies to any of IBM's Program developers and suppliers. It is the
maximum for which IBM and its Program developers and suppliers are collectively
responsible.

7.2 Items for Which IBM Is Not Liable

UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR ANY
OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:
a. LOSS OF, OR DAMAGE TO, DATA;

b. SPECIAL, INCIDENTAL, EXEMPLARY, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC

CONSEQUENTIAL DAMAGES; OR

c. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.

8. Compliance Verification

For purposes of this Section 8 (Compliance Verification), "Evaluation Program

Terms" means 1) this Agreement and applicable amendments and transaction documents
provided by IBM, and 2) IBM software policies that may be found at the IBM Software
Policy website (www.ibm.com/softwarepolicies), including but not limited to those
policies concerning backup, sub-capacity pricing, and migration.

The rights and obligations set forth in this Section 8 remain in effect during the
period the Program is licensed to Licensee, and for two years thereafter.

8.1 Verification Process

Licensee agrees to create, retain, and provide to IBM and its auditors accurate
written records, system tool outputs, and other system information sufficient to
provide auditable verification that Licensee's use of all Programs is in compliance
with the Evaluation Program Terms, including, without limitation, all of IBM's
applicable licensing and pricing qualification terms. Licensee is responsible for
1) ensuring that it does not exceed its Authorized Use, and 2) remaining in
compliance with Evaluation Program Terms.

Upon reasonable notice, IBM may verify Licensee's compliance with Evaluation
Program Terms at all sites and for all environments in which Licensee uses (for any
purpose) Programs subject to Evaluation Program Terms. Such verification will be
conducted in a manner that minimizes disruption to Licensee's business, and may be
conducted on Licensee's premises, during normal business hours. IBM may use an
independent auditor to assist with such verification, provided IBM has a written
confidentiality agreement in place with such auditor.

8.2 Resolution

IBM will notify Licensee in writing if any such verification indicates that
Licensee has used any Program in excess of its Authorized Use or is otherwise not
in compliance with the Evaluation Program Terms. Licensee agrees to promptly pay
directly to IBM the charges that IBM specifies in an invoice for 1) any such excess
use, 2) support for such excess use for the lesser of the duration of such excess
use or two years, and 3) any additional charges and other liabilities determined as
a result of such verification.

9. Third Party Notices

The Program may include third party code that IBM, not the third party, licenses to
Licensee under this Agreement. Notices, if any, for the third party code ("Third
Party Notices") are included for Licensee's information only. These notices can be
found in the Program's NOTICES file(s). Information on how to obtain source code
for certain third party code can be found in the Third Party Notices. If in the
Third Party Notices IBM identifies third party code as "Modifiable Third Party
Code," IBM authorizes Licensee to 1) modify the Modifiable Third Party Code and 2)
reverse engineer the Program modules that directly interface with the Modifiable
Third Party Code provided that it is only for the purpose of debugging Licensee's
modifications to such third party code. IBM's service and support obligations, if
any, apply only to the unmodified Program.

10. General

a. Nothing in this Agreement affects any statutory rights of consumers that cannot
be waived or limited by contract.

b. If any provision of this Agreement is held to be invalid or unenforceable, the

remaining provisions of this Agreement remain in full force and effect.

c. Licensee is prohibited from exporting the Program.

d. Licensee authorizes International Business Machines Corporation and its

subsidiaries (and their successors and assigns, contractors and IBM Business
Partners) to store and use Licensee's business contact information wherever they do
business, in connection with IBM products and services, or in furtherance of IBM's
business relationship with Licensee.

e. Each party will allow the other reasonable opportunity to comply before it
claims that the other has not met its obligations under this Agreement. The parties
will attempt in good faith to resolve all disputes, disagreements, or claims
between the parties relating to this Agreement.

f. Unless otherwise required by applicable law without the possibility of

contractual waiver or limitation: 1) neither party will bring a legal action,
regardless of form, for any claim arising out of or related to this Agreement more
than two years after the cause of action arose; and 2) upon the expiration of such
time limit, any such claim and all respective rights related to the claim lapse.

g. Neither Licensee nor IBM is responsible for failure to fulfill any obligations
due to causes beyond its control.

h. No right or cause of action for any third party is created by this Agreement,
nor is IBM responsible for any third party claims against Licensee, except as
permitted in Subsection 7.1 (Items for Which IBM May Be Liable) above for bodily
injury (including death) or damage to real or tangible personal property for which
IBM is legally liable to that third party.

i. In entering into this Agreement, neither party is relying on any representation

not specified in this Agreement, including but not limited to any representation
concerning: 1) the performance or function of the Program, other than as expressly
warranted in Section 5 (No Warranties) above; 2) the experiences or recommendations
of other parties; or 3) any results or savings that Licensee may achieve.

j. IBM has signed agreements with certain organizations (called "IBM Business
Partners") to promote, market, and support certain Programs. IBM Business Partners
remain independent and separate from IBM. IBM is not responsible for the actions or
statements of IBM Business Partners or obligations they have to Licensee.

k. The license and intellectual property indemnification terms of Licensee's other

agreements with IBM (such as the IBM Customer Agreement) do not apply to Program
licenses granted under this Agreement.

11. Geographic Scope and Governing Law

11.1 Governing Law

Both parties agree to the application of the laws of the country in which Licensee
obtained the Program license to govern, interpret, and enforce all of Licensee's
and IBM's respective rights, duties, and obligations arising from, or relating in
any manner to, the subject matter of this Agreement, without regard to conflict of
law principles.

The United Nations Convention on Contracts for the International Sale of Goods does
not apply.

11.2 Jurisdiction

All rights, duties, and obligations are subject to the courts of the country in
which Licensee obtained the Program license.

Part 2 - Country-unique Terms

For licenses granted in the countries specified below, the following terms replace
or modify the referenced terms in Part 1. All terms in Part 1 that are not changed
by these amendments remain unchanged and in effect. This Part 2 is organized as
follows:

* Multiple country amendments to Part 1, Section 11 (Governing Law and

Jurisdiction);

* Americas country amendments to other Agreement terms;

* Asia Pacific country amendments to other Agreement terms; and

* Europe, Middle East, and Africa country amendments to other Agreement terms.

Multiple country amendments to Part 1, Section 11 (Governing Law and Jurisdiction)

11.1 Governing Law

The phrase "the laws of the country in which Licensee obtained the Program license"
in the first paragraph of 11.1 Governing Law is replaced by the following phrases
in the countries below:

AMERICAS

(1) In Canada: the laws in the Province of Ontario;

(2) in Mexico: the federal laws of the Republic of Mexico;

(3) in the United States, Anguilla, Antigua/Barbuda, Aruba, British Virgin Islands,
Cayman Islands, Dominica, Grenada, Guyana, Saint Kitts and Nevis, Saint Lucia,
Saint Maarten, and Saint Vincent and the Grenadines: the laws of the State of New
York, United States;

(4) in Venezuela: the laws of the Bolivarian Republic of Venezuela;

ASIA PACIFIC

(5) in Cambodia and Laos: the laws of the State of New York, United States;

(6) in Australia: the laws of the State or Territory in which the transaction is
performed;

(7) in Hong Kong SAR and Macau SAR: the laws of Hong Kong Special Administrative
Region ("SAR");
(8) in Taiwan: the laws of Taiwan;

EUROPE, MIDDLE EAST, AND AFRICA

(9) in Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria,

(10) in Algeria, Andorra, Benin, Burkina Faso, Cameroon, Cape Verde, Central
African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of
Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, Gambia, Guinea,
Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius,
Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo,
Tunisia, Vanuatu, and Wallis and Futuna: the laws of France;

(11) in Estonia, Latvia, and Lithuania: the laws of Finland;

(12) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana,

Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan,
Qatar, Rwanda, Sao Tome and Principe, Saudi Arabia, Sierra Leone, Somalia,
Tanzania, Uganda, United Arab Emirates, the United Kingdom, West Bank/Gaza, Yemen,
Zambia, and Zimbabwe: the laws of England; and

(13) in South Africa, Namibia, Lesotho, and Swaziland: the laws of the Republic of
South Africa.

11.2 Jurisdiction

The following paragraph pertains to jurisdiction and replaces Subsection 11.2

(Jurisdiction) as it applies for those countries identified below:

All rights, duties, and obligations are subject to the courts of the country in
which Licensee obtained the Program license except that in the countries identified
below all disputes arising out of or related to this Agreement, including summary
proceedings, will be brought before and subject to the exclusive jurisdiction of
the following courts of competent jurisdiction:

AMERICAS

(1) In Argentina: the Ordinary Commercial Court of the city of Buenos Aires;

(2) in Brazil: the court of Rio de Janeiro, RJ;

(3) in Chile: the Civil Courts of Justice of Santiago;

(4) in Ecuador: the civil judges of Quito for executory or summary proceedings (as
applicable);

(5) in Mexico: the courts located in Mexico City, Federal District;

(6) in Peru: the judges and tribunals of the judicial district of Lima, Cercado;

(7) in Uruguay: the courts of the city of Montevideo;

(8) in Venezuela: the courts of the metropolitan area of the city of Caracas;

EUROPE, MIDDLE EAST, AND AFRICA

(9) in Austria: the court of law in Vienna, Austria (Inner-City);

(10) in Algeria, Andorra, Benin, Burkina Faso, Cameroon, Cape Verde, Central
African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of
Congo, Equatorial Guinea, France, French Guiana, French Polynesia, Gabon, Gambia,
Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania,
Mauritius, Mayotte, Monaco, Morocco, New Caledonia, Niger, Reunion, Senegal,
Seychelles, Togo, Tunisia, Vanuatu, and Wallis and Futuna: the Commercial Court of
Paris;

(11) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana,

(12) in South Africa, Namibia, Lesotho, and Swaziland: the High Court in
Johannesburg;

(13) in Greece: the competent court of Athens;

(14) in Israel: the courts of Tel Aviv-Jaffa;

(15) in Italy: the courts of Milan;

(16) in Portugal: the courts of Lisbon;

(17) in Spain: the courts of Madrid; and

(18) in Turkey: the Istanbul Central Courts and Execution Directorates of Istanbul,
the Republic of Turkey.

11.3 Arbitration

The following paragraph is added as a new Subsection 11.3 (Arbitration) as it

applies for those countries identified below. The provisions of this Subsection
11.3 prevail over those of Subsection 11.2 (Jurisdiction) to the extent permitted
by the applicable governing law and rules of procedure:

ASIA PACIFIC

(1) In Cambodia, India, Laos, Philippines, and Vietnam:

Disputes arising out of or in connection with this Agreement will be finally

settled by arbitration which will be held in Singapore in accordance with the
Arbitration Rules of Singapore International Arbitration Center ("SIAC Rules") then
in effect. The arbitration award will be final and binding for the parties without
appeal and will be in writing and set forth the findings of fact and the
conclusions of law.

The number of arbitrators will be three, with each side to the dispute being
entitled to appoint one arbitrator. The two arbitrators appointed by the parties
will appoint a third arbitrator who will act as chairman of the proceedings.
Vacancies in the post of chairman will be filled by the president of the SIAC.
Other vacancies will be filled by the respective nominating party. Proceedings will
continue from the stage they were at when the vacancy occurred.

If one of the parties refuses or otherwise fails to appoint an arbitrator within 30

days of the date the other party appoints its, the first appointed arbitrator will
be the sole arbitrator, provided that the arbitrator was validly and properly
appointed.

All proceedings will be conducted, including all documents presented in such

proceedings, in the English language. The English language version of this
Agreement prevails over any other language version.

(2) In the People's Republic of China:

In case no settlement can be reached, the disputes will be submitted to China

International Economic and Trade Arbitration Commission for arbitration according
to the then effective rules of the said Arbitration Commission. The arbitration
will take place in Beijing and be conducted in Chinese. The arbitration award will
be final and binding on both parties. During the course of arbitration, this
agreement will continue to be performed except for the part which the parties are
disputing and which is undergoing arbitration.

(3) In Indonesia:

Each party will allow the other reasonable opportunity to comply before it claims
that the other has not met its obligations under this Agreement. The parties will
attempt in good faith to resolve all disputes, disagreements, or claims between the
parties relating to this Agreement. Unless otherwise required by applicable law
without the possibility of contractual waiver or limitation, i) neither party will
bring a legal action, regardless of form, arising out of or related to this
Agreement or any transaction under it more than two years after the cause of action
arose; and ii) after such time limit, any legal action arising out of this
Agreement or any transaction under it and all respective rights related to any such
action lapse.

Disputes arising out of or in connection with this Agreement shall be finally

settled by arbitration that shall be held in Jakarta, Indonesia in accordance with
the rules of Board of the Indonesian National Board of Arbitration (Badan Arbitrase
Nasional Indonesia or "BANI") then in effect. The arbitration award shall be final
and binding for the parties without appeal and shall be in writing and set forth
the findings of fact and the conclusions of law.

The number of arbitrators shall be three, with each side to the dispute being
entitled to appoint one arbitrator. The two arbitrators appointed by the parties
shall appoint a third arbitrator who shall act as chairman of the proceedings.
Vacancies in the post of chairman shall be filled by the chairman of the BANI.
Other vacancies shall be filled by the respective nominating party. Proceedings
shall continue from the stage they were at when the vacancy occurred.

If one of the parties refuses or otherwise fails to appoint an arbitrator within 30

days of the date the other party appoints its, the first appointed arbitrator shall
be the sole arbitrator, provided that the arbitrator was validly and properly
appointed.

All proceedings shall be conducted, including all documents presented in such

proceedings, in the English and/or Indonesian language.

EUROPE, MIDDLE EAST, AND AFRICA

(4) In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria,

Croatia, Former Yugoslav Republic of Macedonia, Georgia, Hungary, Kazakhstan,
Kyrgyzstan, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia,
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan:
All disputes arising out of this Agreement or related to its violation, termination
or nullity will be finally settled under the Rules of Arbitration and Conciliation
of the International Arbitral Center of the Federal Economic Chamber in Vienna
(Vienna Rules) by three arbitrators appointed in accordance with these rules. The
arbitration will be held in Vienna, Austria, and the official language of the
proceedings will be English. The decision of the arbitrators will be final and
binding upon both parties. Therefore, pursuant to paragraph 598 (2) of the Austrian
Code of Civil Procedure, the parties expressly waive the application of paragraph
595 (1) figure 7 of the Code. IBM may, however, institute proceedings in a
competent court in the country of installation.

(5) In Estonia, Latvia, and Lithuania:

All disputes arising in connection with this Agreement will be finally settled in
arbitration that will be held in Helsinki, Finland in accordance with the
arbitration laws of Finland then in effect. Each party will appoint one arbitrator.
The arbitrators will then jointly appoint the chairman. If arbitrators cannot agree
on the chairman, then the Central Chamber of Commerce in Helsinki will appoint the
chairman.

AMERICAS COUNTRY AMENDMENTS

CANADA

7.1 Items for Which IBM May Be Liable

The following replaces Item 1 in the first paragraph of this Subsection 7.1 (Items
for Which IBM May Be Liable):

1) damages for bodily injury (including death) and physical harm to real property
and tangible personal property caused by IBM's negligence; and

10. General

The following replaces Item 10.h:

h. No right or cause of action for any third party is created by this Agreement or
any transaction under it, nor is IBM responsible for any third party claims against
Licensee except as permitted by the Limitation of Liability section above for
bodily injury (including death) or physical harm to real or tangible personal
property caused by IBM's negligence for which IBM is legally liable to that third
party.

The following is added as Item 10.l:

l. For purposes of this Item 10.l, "Personal Data" refers to information relating
to an identified or identifiable individual made available by one of the parties,
its personnel or any other individual to the other in connection with this
Agreement. The following provisions apply in the event that one party makes
Personal Data available to the other:

(1) General

(a) Each party is responsible for complying with any obligations applying to it
under applicable Canadian data privacy laws and regulations ("Laws").

(b) Neither party will request Personal Data beyond what is necessary to fulfill
the purpose(s) for which it is requested. The purpose(s) for requesting Personal
Data must be reasonable. Each party will agree in advance as to the type of
Personal Data that is required to be made available.

(2) Security Safeguards

(a) Each party acknowledges that it is solely responsible for determining and
communicating to the other the appropriate technological, physical and
organizational security measures required to protect Personal Data.

(b) Each party will ensure that Personal Data is protected in accordance with the
security safeguards communicated and agreed to by the other.

(c) Each party will ensure that any third party to whom Personal Data is
transferred is bound by the applicable terms of this section.

(d) Additional or different services required to comply with the Laws will be
deemed a request for new services.

(3) Use

Each party agrees that Personal Data will only be used, accessed, managed,
transferred, disclosed to third parties or otherwise processed to fulfill the
purpose(s) for which it was made available.

(4) Access Requests

(a) Each party agrees to reasonably cooperate with the other in connection with
requests to access or amend Personal Data.

(b) Each party agrees to reimburse the other for any reasonable charges incurred in
providing each other assistance.

(c) Each party agrees to amend Personal Data only upon receiving instructions to do
so from the other party or its personnel.

(5) Retention

Each party will promptly return to the other or destroy all Personal Data that is
no longer necessary to fulfill the purpose(s) for which it was made available,
unless otherwise instructed by the other or its personnel or required by law.

(6) Public Bodies Who Are Subject to Public Sector Privacy Legislation

For Licensees who are public bodies subject to public sector privacy legislation,
this Item 10.l applies only to Personal Data made available to Licensee in
connection with this Agreement, and the obligations in this section apply only to
Licensee, except that: 1) section (2)(a) applies only to IBM; 2) sections (1)(a)
and (4)(a) apply to both parties; and 3) section (4)(b) and the last sentence in
(1)(b) do not apply.

PERU

7. Limitation of Liability

The following is added to the end of this Section 7 (Limitation of Liability):

Except as expressly required by law without the possibility of contractual waiver,

Licensee and IBM intend that the limitation of liability in this Limitation of
Liability section applies to damages caused by all types of claims and causes of
action. If any limitation on or exclusion from liability in this section is held by
a court of competent jurisdiction to be unenforceable with respect to a particular
claim or cause of action, the parties intend that it nonetheless apply to the
maximum extent permitted by applicable law to all other claims and causes of
action.

7.1 Items for Which IBM May Be Liable

The following is added to the end of this Subsection 7.1:

In accordance with Article 1328 of the Peruvian Civil Code, the limitations and
exclusions specified in this section will not apply to damages caused by IBM's
willful misconduct ("dolo") or gross negligence ("culpa inexcusable").

UNITED STATES OF AMERICA

10. General

The following is added to Section 10 as Item 10.l:

l. U.S. Government Users Restricted Rights - Use, duplication or disclosure is

restricted by the GSA IT Schedule 70 Contract with the IBM Corporation.

The following is added to Item 10.e:

Each party waives any right to a jury trial in any proceeding arising out of or
related to this Agreement.

ASIA PACIFIC COUNTRY AMENDMENTS

AUSTRALIA

5. No Warranties

The following is added to the first paragraph of Section 5 (No Warranties):

Although IBM specifies that there are no warranties, Licensee may have certain
rights under the Competition and Consumer Act 2010 or other legislation and are
only limited to the extent permitted by the applicable legislation.

7.1 Items for Which IBM May Be Liable

The following is added to Subsection 7.1 (Items for Which IBM May Be Liable):

Where IBM is in breach of a condition or warranty implied by the Competition and

Consumer Act 2010, IBM's liability is limited to the repair or replacement of the
goods, or the supply of equivalent goods. Where that condition or warranty relates
to right to sell, quiet possession or clear title, or the goods are of a kind
ordinarily obtained for personal, domestic or household use or consumption, then
none of the limitations in this paragraph apply.

HONG KONG SAR, MACAU SAR, AND TAIWAN

As applies to licenses obtained in Taiwan and the special administrative regions,

phrases throughout this Agreement containing the word "country" (for example, "the
country in which the original Licensee was granted the license" and "the country in
which Licensee obtained the Program license") are replaced with the following:

(1) In Hong Kong SAR: "Hong Kong SAR"

(2) In Macau SAR: "Macau SAR" except in the Governing Law clause (Section 11.1)

(3) In Taiwan: "Taiwan."

INDIA

7.1 Items for Which IBM May Be Liable

The following replaces the terms of Items 1 and 2 of the first paragraph:

1) liability for bodily injury (including death) or damage to real property and
tangible personal property will be limited to that caused by IBM's negligence; and
2) as to any other actual damage arising in any situation involving nonperformance
by IBM pursuant to, or in any way related to the subject of this Agreement, IBM's
liability will be limited to the charge paid by Licensee for the individual Program
that is the subject of the claim.

10. General

The following replaces the terms of Item 10.f:

f. If no suit or other legal action is brought, within three years after the cause
of action arose, in respect of any claim that either party may have against the
other, the rights of the concerned party in respect of such claim will be forfeited
and the other party will stand released from its obligations in respect of such
claim.

INDONESIA

3.2 Term and Termination

The following is added to the last paragraph:

Both parties waive the provision of article 1266 of the Indonesian Civil Code, to
the extent the article provision requires such court decree for the termination of
an agreement creating mutual obligations.

JAPAN

10. General

The following is added as Item 10.l:

l. Any doubts concerning this Agreement will be initially resolved between us in

good faith and in accordance with the principle of mutual trust.

MALAYSIA

7.2 Items for Which IBM Is Not Liable

The word "SPECIAL" in Item 7.2b is deleted.

NEW ZEALAND

5. No Warranties

The following is added to the first paragraph of this Section 5 (No Warranties):

Although IBM specifies that there are no warranties, Licensee may have certain
rights under the Consumer Guarantees Act 1993 or other legislation which cannot be
excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of
any goods which IBM provides, if Licensee requires the goods for the purposes of a
business as defined in that Act.

7. Limitation of Liability

The following is added:

Where Programs are not obtained 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.

PHILIPPINES

7.2 Items for Which IBM Is Not Liable

The following replaces the terms of Item 7.2b:

b. special (including nominal and exemplary damages), moral, incidental, or

indirect damages or for any economic consequential damages; or

SINGAPORE

7.2 Items for Which IBM Is Not Liable

The words "SPECIAL" and "ECONOMIC" are deleted from Item 7.2b.

10. General

The following replaces the terms of Item 10.h:

h. Subject to the rights provided to IBM's suppliers and Program developers as

provided in Section 7 above (Limitation of Liability), a person who is not a party
to this Agreement will have no right under the Contracts (Right of Third Parties)
Act to enforce any of its terms.

TAIWAN

7.1 Items for Which IBM May Be Liable

The following sentences are deleted:

This limit also applies to any of IBM's subcontractors and Program developers. It
is the maximum for which IBM and its subcontractors and Program developers are
collectively responsible.

EUROPE, MIDDLE EAST, AFRICA (EMEA) COUNTRY AMENDMENTS

EUROPEAN UNION MEMBER STATES

5. No Warranties

The following is added to Section 5 (No Warranties):

In the European Union ("EU"), consumers have legal rights under applicable national
legislation governing the sale of consumer goods. Such rights are not affected by
the provisions set out in this Section 5 (No Warranties).
EU MEMBER STATES AND THE COUNTRIES IDENTIFIED BELOW

Iceland, Liechtenstein, Norway, Switzerland, Turkey, and any other European country
that has enacted local data privacy or protection legislation similar to the EU
model.

10. General

The following replaces Item 10.d:

(1) Definitions - For the purposes of this Item 10.d, the following additional
definitions apply:

(a) Business Contact Information - business-related contact information disclosed

by Licensee to IBM, including names, job titles, business addresses, telephone
numbers and email addresses of Licensee's employees and contractors. For Austria,
Italy and Switzerland, Business Contact Information also includes information about
Licensee and its contractors as legal entities (for example, Licensee's revenue
data and other transactional information)

(b) Business Contact Personnel - Licensee employees and contractors to whom the
Business Contact Information relates.

(d) Data Protection & Electronic Communications Legislation - (i) the applicable
local legislation and regulations in force implementing the requirements of EU
Directive 95/46/EC (on the protection of individuals with regard to the processing
of personal data and on the free movement of such data) and of EU Directive
2002/58/EC (concerning the processing of personal data and the protection of
privacy in the electronic communications sector); or (ii) for non-EU countries, the
legislation and/or regulations passed in the applicable country relating to the
protection of personal data and the regulation of electronic communications
involving personal data, including (for any of the foregoing) any statutory
replacement or modification thereof.

(e) IBM Group - International Business Machines Corporation of Armonk, New York,
USA, its subsidiaries, and their respective Business Partners and subcontractors.

(2) Licensee authorizes IBM:

(a) to process and use Business Contact Information within IBM Group in support of
Licensee including the provision of support services, and for the purpose of
furthering the business relationship between Licensee and IBM Group, including,
without limitation, contacting Business Contact Personnel (by email or otherwise)
and marketing IBM Group products and services (the "Specified Purpose"); and

(b) to disclose Business Contact Information to other members of IBM Group in

pursuit of the Specified Purpose only.

(3) IBM agrees that all Business Contact Information will be processed in
accordance with the Data Protection & Electronic Communications Legislation and
will be used only for the Specified Purpose.

(4) To the extent required by the Data Protection & Electronic Communications
Legislation, Licensee represents that (a) it has obtained (or will obtain) any
consents from (and has issued (or will issue) any notices to) the Business Contact
Personnel as are necessary in order to enable IBM Group to process and use the
Business Contact Information for the Specified Purpose.

(5) Licensee authorizes IBM to transfer Business Contact Information outside the
European Economic Area, provided that the transfer is made on contractual terms
approved by the Data Protection Authority or the transfer is otherwise permitted
under the Data Protection & Electronic Communications Legislation.

AUSTRIA

7. Limitation of Liability

The following is added:

The following limitations and exclusions of IBM's liability do not apply for
damages caused by gross negligence or willful misconduct.

7.1 Items for Which IBM May Be Liable

The following replaces the first sentence in the first paragraph:

Circumstances may arise where, because of a default by IBM in the performance of

its obligations under this Agreement or other liability, Licensee is entitled to
recover damages from IBM.

In the second sentence of the first paragraph, delete entirely the parenthetical
phrase:

"(including fundamental breach, negligence, misrepresentation, or other contract or

tort claim)".

7.2 Items for Which IBM Is Not Liable

The following replaces Item 7.2b:

b. indirect damages or consequential damages; or

BELGIUM, FRANCE, ITALY, AND LUXEMBOURG

7. Limitation of Liability

The following replaces the terms of Section 7 (Limitation of Liability) in its

entirety:

Except as otherwise provided by mandatory law:

7.1 Items for Which IBM May Be Liable

IBM's entire liability for all claims in the aggregate for any damages and losses
that may arise as a consequence of the fulfillment of its obligations under or in
connection with this Agreement or due to any other cause related to this Agreement
is limited to the compensation of only those damages and losses proved and actually
arising as an immediate and direct consequence of the non-fulfillment of such
obligations (if IBM is at fault) or of such cause, for a maximum of EUR 500,000
(five hundred thousand euro).

The above limitation will not apply to damages for bodily injuries (including
death) and damages to real property and tangible personal property for which IBM is
legally liable.

7.2 Items for Which IBM Is Not Liable

UNDER NO CIRCUMSTANCES IS IBM OR ANY OF ITS PROGRAM DEVELOPERS LIABLE FOR ANY OF
THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR DAMAGE TO,
DATA; 2) INCIDENTAL, EXEMPLARY OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC
CONSEQUENTIAL DAMAGES; AND / OR 3) LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR
ANTICIPATED SAVINGS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT
THAT GENERATED THE DAMAGES.

7.3 Suppliers and Program Developers

The limitation and exclusion of liability herein agreed applies not only to the
activities performed by IBM but also to the activities performed by its suppliers
and Program developers, and represents the maximum amount for which IBM as well as
its suppliers and Program developers are collectively responsible.

GERMANY

7. Limitation of Liability

The following replaces this Section 7 (Limitation of Liability) in its entirety:

a. IBM will be liable without limit for 1) loss or damage caused by a breach of an
express guarantee; 2) damages or losses resulting in bodily injury (including
death); and 3) damages caused intentionally or by gross negligence.

b. In the event of loss, damage and frustrated expenditures caused by slight

negligence or in breach of essential contractual obligations, IBM will be liable,
regardless of the basis on which Licensee is entitled to claim damages from IBM
(including fundamental breach, negligence, misrepresentation, or other contract or
tort claim), per claim only up to 500,000 euro for the Program that caused the loss
or damage. A number of defaults which together result in, or contribute to,
substantially the same loss or damage will be treated as one default.

c. In the event of loss, damage and frustrated expenditures caused by slight

negligence, IBM will not be liable for indirect or consequential damages, even if
IBM was informed about the possibility of such loss or damage.

d. In case of delay on IBM's part: 1) IBM will pay to Licensee an amount not
exceeding the loss or damage caused by IBM's delay and 2) IBM will be liable only
in respect of the resulting damages that Licensee suffers, subject to the
provisions of Items a and b above.

10. General

The following replaces the provisions of 10.f:

f. Any claims resulting from this Agreement are subject to a limitation period of
three years, except as stated in Section 5 (No Warranties) of this Agreement.

The following replaces the provisions of 10.h:

h. No right or cause of action for any third party is created by this Agreement,
nor is IBM responsible for any third party claims against Licensee, except (to the
extent permitted in Section 7 (Limitation of Liability)) for: i) bodily injury
(including death); or ii) damage to real or tangible personal property for which
(in either case) IBM is legally liable to that third party.

IRELAND

5. No Warranties

The following paragraph is added to the second paragraph of this Section 5 (No
Warranties):

Except as expressly provided in these terms and conditions, or Section 12 of the

Sale of Goods Act 1893 as amended by the Sale of Goods and Supply of Services Act,
1980 (the "1980 Act"), all conditions or warranties (express or implied, statutory
or otherwise) are hereby excluded including, without limitation, any warranties
implied by the Sale of Goods Act 1893 as amended by the 1980 Act (including, for
the avoidance of doubt, Section 39 of the 1980 Act).

IRELAND AND UNITED KINGDOM

2. Agreement Structure

The following sentence is added:

Nothing in this paragraph shall have the effect of excluding or limiting liability
for fraud.

7.1 Items for Which IBM May Be Liable

The following replaces the first paragraph of the Subsection:

For the purposes of this section, a "Default" means any act, statement, omission or
negligence on the part of IBM in connection with, or in relation to, the subject
matter of an Agreement in respect of which IBM is legally liable to Licensee,
whether in contract or in tort. A number of Defaults which together result in, or
contribute to, substantially the same loss or damage will be treated as one
Default.

Circumstances may arise where, because of a Default by IBM in the performance of

its obligations under this Agreement or other liability, Licensee is entitled to
recover damages from IBM. Regardless of the basis on which Licensee is entitled to
claim damages from IBM and except as expressly required by law without the
possibility of contractual waiver, IBM's entire liability for any one Default will
not exceed the amount of any direct damages, to the extent actually suffered by
Licensee as an immediate and direct consequence of the Default, up to 500,000 euro
(or the equivalent in local currency) for the Program that is the subject of the
claim. Notwithstanding the foregoing, the amount of any damages for bodily injury
(including death) and damage to real property and tangible personal property for
which IBM is legally liable is not subject to such limitation.

7.2 Items for Which IBM Is Not Liable

The following replaces Items 7.2b and 7.2c:

b. special, incidental, exemplary, or indirect damages or consequential damages; or

c. wasted management time or lost profits, business, revenue, goodwill, or

anticipated savings.

Z125-5543-05 (07/2011)
International Program License Agreement

Part 1 - General Terms

BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, CLICKING ON AN "ACCEPT" BUTTON, OR

* DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, CLICK ON AN "ACCEPT" BUTTON, OR USE THE
PROGRAM; AND

* PROMPTLY RETURN THE UNUSED MEDIA, DOCUMENTATION, AND PROOF OF ENTITLEMENT TO THE
PARTY FROM WHOM IT WAS OBTAINED FOR A REFUND OF THE AMOUNT PAID. IF THE PROGRAM WAS
DOWNLOADED, DESTROY ALL COPIES OF THE PROGRAM.

1. Definitions

"Authorized Use" - the specified level at which Licensee is authorized to execute

or run the Program. That level may be measured by number of users, millions of
service units ("MSUs"), Processor Value Units ("PVUs"), or other level of use
specified by IBM.

"IBM" - International Business Machines Corporation or one of its subsidiaries.

"License Information" ("LI") - a document that provides information and any

additional terms specific to a Program. The Program's LI is available at
www.ibm.com/software/sla. The LI can also be found in the Program's directory, by
the use of a system command, or as a booklet included with the Program.

"Proof of Entitlement" ("PoE") - evidence of Licensee's Authorized Use. The PoE is

also evidence of Licensee's eligibility for warranty, future update prices, if any,
and potential special or promotional opportunities. If IBM does not provide
Licensee with a PoE, then IBM may accept as the PoE the original paid sales receipt
or other sales record from the party (either IBM or its reseller) from whom
Licensee obtained the Program, provided that it specifies the Program name and
Authorized Use obtained.

"Warranty Period" - one year, starting on the date the original Licensee is granted
the license.

2. Agreement Structure

This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms (if
any), the LI, and the PoE and is the complete agreement between Licensee and IBM
regarding the use of the Program. It replaces any prior oral or written
communications between Licensee and IBM concerning Licensee's use of the Program.
The terms of Part 2 may replace or modify those of Part 1. To the extent of any
conflict, the LI prevails over both Parts.

3. License Grant
The Program is owned by IBM or an IBM supplier, and is copyrighted and licensed,
not sold.

IBM grants Licensee a nonexclusive license to 1) use the Program up to the

Authorized Use specified in the PoE, 2) make and install copies to support such
Authorized Use, and 3) make a backup copy, all provided that

a. Licensee has lawfully obtained the Program and complies with the terms of this
Agreement;

b. the backup copy does not execute unless the backed-up Program cannot execute;

c. Licensee reproduces all copyright notices and other legends of ownership on each
copy, or partial copy, of the Program;

d. Licensee ensures that anyone who uses the Program (accessed either locally or
remotely) 1) does so only on Licensee's behalf and 2) complies with the terms of
this Agreement;

e. Licensee does not 1) use, copy, modify, or distribute the Program except as
expressly permitted in this Agreement; 2) reverse assemble, reverse compile,
otherwise translate, or reverse engineer the Program, except as expressly permitted
by law without the possibility of contractual waiver; 3) use any of the Program's
components, files, modules, audio-visual content, or related licensed materials
separately from that Program; or 4) sublicense, rent, or lease the Program; and

f. if Licensee obtains this Program as a Supporting Program, Licensee uses this

This license applies to each copy of the Program that Licensee makes.

3.1 Trade-ups, Updates, Fixes, and Patches

3.1.1 Trade-ups

If the Program is replaced by a trade-up Program, the replaced Program's license is

promptly terminated.

3.1.2 Updates, Fixes, and Patches

3.2 Fixed Term Licenses

If IBM licenses the Program for a fixed term, Licensee's license is terminated at
the end of the fixed term, unless Licensee and IBM agree to renew it.
3.3 Term and Termination

This Agreement is effective until terminated.

IBM may terminate Licensee's license if Licensee fails to comply with the terms of
this Agreement.

If the license is terminated for any reason by either party, Licensee agrees to
promptly discontinue use of and destroy all of Licensee's copies of the Program.
Any terms of this Agreement that by their nature extend beyond termination of this
Agreement remain in effect until fulfilled, and apply to both parties' respective
successors and assignees.

4. Charges

Charges are based on Authorized Use obtained, which is specified in the PoE. IBM
does not give credits or refunds for charges already due or paid, except as
specified elsewhere in this Agreement.

If Licensee wishes to increase its Authorized Use, Licensee must notify IBM or an
authorized IBM reseller in advance and pay any applicable charges.

5. Taxes

If any authority imposes on the Program a duty, tax, levy, or fee, excluding those
based on IBM's net income, then Licensee agrees to pay that amount, as specified in
an invoice, or supply exemption documentation. Licensee is responsible for any
personal property taxes for the Program from the date that Licensee obtains it. If
any authority imposes a customs duty, tax, levy, or fee for the import into or the
export, transfer, access, or use of the Program outside the country in which the
original Licensee was granted the license, then Licensee agrees that it is
responsible for, and will pay, any amount imposed.

6. Money-back Guarantee

If Licensee is dissatisfied with the Program for any reason and is the original
Licensee, Licensee may terminate the license and obtain a refund of the amount
Licensee paid for the Program, provided that Licensee returns the Program and PoE
to the party from whom Licensee obtained it within 30 days of the date the PoE was
issued to Licensee. If the license is for a fixed term that is subject to renewal,
then Licensee may obtain a refund only if the Program and its PoE are returned
within the first 30 days of the initial term. If Licensee downloaded the Program,
Licensee should contact the party from whom Licensee obtained it for instructions
on how to obtain the refund.

7. Program Transfer

Licensee may transfer the Program and all of Licensee's license rights and
obligations to another party only if that party agrees to the terms of this
Agreement. If the license is terminated for any reason by either party, Licensee is
prohibited from transferring the Program to another party. Licensee may not
transfer a portion of 1) the Program or 2) the Program's Authorized Use. When
Licensee transfers the Program, Licensee must also transfer a hard copy of this
Agreement, including the LI and PoE. Immediately after the transfer, Licensee's
license terminates.

8. Warranty and Exclusions

8.1 Limited Warranty

IBM warrants that the Program, when used in its specified operating environment,
will conform to its specifications. The Program's specifications, and specified
operating environment information, can be found in documentation accompanying the
Program (such as a read-me file) or other information published by IBM (such as an
announcement letter). Licensee agrees that such documentation and other Program
content may be supplied only in the English language, unless otherwise required by
local law without the possibility of contractual waiver or limitation.

The warranty applies only to the unmodified portion of the Program. IBM does not
warrant uninterrupted or error-free operation of the Program, or that IBM will
correct all Program defects. Licensee is responsible for the results obtained from
the use of the Program.

During the Warranty Period, IBM provides Licensee with access to IBM databases
containing information on known Program defects, defect corrections, restrictions,
and bypasses at no additional charge. Consult the IBM Software Support Handbook for
further information at www.ibm.com/software/support.

If the Program does not function as warranted during the Warranty Period and the
problem cannot be resolved with information available in the IBM databases,
Licensee may return the Program and its PoE to the party (either IBM or its
reseller) from whom Licensee obtained it and receive a refund of the amount
Licensee paid. After returning the Program, Licensee's license terminates. If
Licensee downloaded the Program, Licensee should contact the party from whom
Licensee obtained it for instructions on how to obtain the refund.

8.2 Exclusions

THESE WARRANTIES ARE LICENSEE'S EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND ANY WARRANTY OR CONDITION OF NON-INFRINGEMENT.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH
WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY
AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE.

THESE WARRANTIES GIVE LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY ALSO HAVE OTHER
RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

THE WARRANTIES IN THIS SECTION 8 (WARRANTY AND EXCLUSIONS) ARE PROVIDED SOLELY BY
IBM. THE DISCLAIMERS IN THIS SUBSECTION 8.2 (EXCLUSIONS), HOWEVER, ALSO APPLY TO
IBM'S SUPPLIERS OF THIRD PARTY CODE. THOSE SUPPLIERS PROVIDE SUCH CODE WITHOUT
WARRANTIES OR CONDITION OF ANY KIND. THIS PARAGRAPH DOES NOT NULLIFY IBM'S WARRANTY
OBLIGATIONS UNDER THIS AGREEMENT.

9. Licensee Data and Databases

To assist Licensee in isolating the cause of a problem with the Program, IBM may
request that Licensee 1) allow IBM to remotely access Licensee's system or 2) send
Licensee information or system data to IBM. However, IBM is not obligated to
provide such assistance unless IBM and Licensee enter a separate written agreement
under which IBM agrees to provide to Licensee that type of support, which is beyond
IBM's warranty obligations in this Agreement. In any event, IBM uses information
about errors and problems to improve its products and services, and assist with its
provision of related support offerings. For these purposes, IBM may use IBM
entities and subcontractors (including in one or more countries other than the one
in which Licensee is located), and Licensee authorizes IBM to do so.

10. Limitation of Liability

The limitations and exclusions in this Section 10 (Limitation of Liability) apply

to the full extent they are not prohibited by applicable law without the
possibility of contractual waiver.

10.1 Items for Which IBM May Be Liable

Circumstances may arise where, because of a default on IBM's part or other

This limit also applies to any of IBM's Program developers and suppliers. It is the
maximum for which IBM and its Program developers and suppliers are collectively
responsible.

10.2 Items for Which IBM Is Not Liable

UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR ANY
OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:

a. LOSS OF, OR DAMAGE TO, DATA;

b. SPECIAL, INCIDENTAL, EXEMPLARY, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC

CONSEQUENTIAL DAMAGES; OR

c. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.

11. Compliance Verification

For purposes of this Section 11 (Compliance Verification), "IPLA Program Terms"

means 1) this Agreement and applicable amendments and transaction documents
provided by IBM, and 2) IBM software policies that may be found at the IBM Software
Policy website (www.ibm.com/softwarepolicies), including but not limited to those
policies concerning backup, sub-capacity pricing, and migration.

The rights and obligations set forth in this Section 11 remain in effect during the
period the Program is licensed to Licensee, and for two years thereafter.
11.1 Verification Process

Licensee agrees to create, retain, and provide to IBM and its auditors accurate
written records, system tool outputs, and other system information sufficient to
provide auditable verification that Licensee's use of all Programs is in compliance
with the IPLA Program Terms, including, without limitation, all of IBM's applicable
licensing and pricing qualification terms. Licensee is responsible for 1) ensuring
that it does not exceed its Authorized Use, and 2) remaining in compliance with
IPLA Program Terms.

Upon reasonable notice, IBM may verify Licensee's compliance with IPLA Program
Terms at all sites and for all environments in which Licensee uses (for any
purpose) Programs subject to IPLA Program Terms. Such verification will be
conducted in a manner that minimizes disruption to Licensee's business, and may be
conducted on Licensee's premises, during normal business hours. IBM may use an
independent auditor to assist with such verification, provided IBM has a written
confidentiality agreement in place with such auditor.

11.2 Resolution

IBM will notify Licensee in writing if any such verification indicates that
Licensee has used any Program in excess of its Authorized Use or is otherwise not
in compliance with the IPLA Program Terms. Licensee agrees to promptly pay directly
to IBM the charges that IBM specifies in an invoice for 1) any such excess use, 2)
support for such excess use for the lesser of the duration of such excess use or
two years, and 3) any additional charges and other liabilities determined as a
result of such verification.

12. Third Party Notices

13. General

a. Nothing in this Agreement affects any statutory rights of consumers that cannot
be waived or limited by contract.

b. For Programs IBM provides to Licensee in tangible form, IBM fulfills its
shipping and delivery obligations upon the delivery of such Programs to the IBM-
designated carrier, unless otherwise agreed to in writing by Licensee and IBM.

c. If any provision of this Agreement is held to be invalid or unenforceable, the

remaining provisions of this Agreement remain in full force and effect.

d. Licensee agrees to comply with all applicable export and import laws and
regulations, including U.S. embargo and sanctions regulations and prohibitions on
export for certain end uses or to certain users.

e. Licensee authorizes International Business Machines Corporation and its

f. Each party will allow the other reasonable opportunity to comply before it
claims that the other has not met its obligations under this Agreement. The parties
will attempt in good faith to resolve all disputes, disagreements, or claims
between the parties relating to this Agreement.

g. Unless otherwise required by applicable law without the possibility of

h. Neither Licensee nor IBM is responsible for failure to fulfill any obligations
due to causes beyond its control.

i. No right or cause of action for any third party is created by this Agreement,
nor is IBM responsible for any third party claims against Licensee, except as
permitted in Subsection 10.1 (Items for Which IBM May Be Liable) above for bodily
injury (including death) or damage to real or tangible personal property for which
IBM is legally liable to that third party.

j. In entering into this Agreement, neither party is relying on any representation

not specified in this Agreement, including but not limited to any representation
concerning: 1) the performance or function of the Program, other than as expressly
warranted in Section 8 (Warranty and Exclusions) above; 2) the experiences or
recommendations of other parties; or 3) any results or savings that Licensee may
achieve.

k. IBM has signed agreements with certain organizations (called "IBM Business
Partners") to promote, market, and support certain Programs. IBM Business Partners
remain independent and separate from IBM. IBM is not responsible for the actions or
statements of IBM Business Partners or obligations they have to Licensee.

l. The license and intellectual property indemnification terms of Licensee's other

agreements with IBM (such as the IBM Customer Agreement) do not apply to Program
licenses granted under this Agreement.

14. Geographic Scope and Governing Law

14.1 Governing Law

The United Nations Convention on Contracts for the International Sale of Goods does
not apply.

14.2 Jurisdiction

All rights, duties, and obligations are subject to the courts of the country in
which Licensee obtained the Program license.
Part 2 - Country-unique Terms

* Multiple country amendments to Part 1, Section 14 (Governing Law and

Jurisdiction);

* Americas country amendments to other Agreement terms;

* Asia Pacific country amendments to other Agreement terms; and

* Europe, Middle East, and Africa country amendments to other Agreement terms.

Multiple country amendments to Part 1, Section 14 (Governing Law and Jurisdiction)

14.1 Governing Law

The phrase "the laws of the country in which Licensee obtained the Program license"
in the first paragraph of 14.1 Governing Law is replaced by the following phrases
in the countries below:

AMERICAS

(1) In Canada: the laws in the Province of Ontario;

(2) in Mexico: the federal laws of the Republic of Mexico;

(4) in Venezuela: the laws of the Bolivarian Republic of Venezuela;

ASIA PACIFIC

(5) in Cambodia and Laos: the laws of the State of New York, United States;

(6) in Australia: the laws of the State or Territory in which the transaction is
performed;

(7) in Hong Kong SAR and Macau SAR: the laws of Hong Kong Special Administrative
Region ("SAR");

(8) in Taiwan: the laws of Taiwan;

EUROPE, MIDDLE EAST, AND AFRICA

(9) in Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria,

(11) in Estonia, Latvia, and Lithuania: the laws of Finland;

(12) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana,

(13) in South Africa, Namibia, Lesotho, and Swaziland: the laws of the Republic of
South Africa.

14.2 Jurisdiction

The following paragraph pertains to jurisdiction and replaces Subsection 14.2

(Jurisdiction) as it applies for those countries identified below:

AMERICAS

(1) In Argentina: the Ordinary Commercial Court of the city of Buenos Aires;

(2) in Brazil: the court of Rio de Janeiro, RJ;

(3) in Chile: the Civil Courts of Justice of Santiago;

(4) in Ecuador: the civil judges of Quito for executory or summary proceedings (as
applicable);

(5) in Mexico: the courts located in Mexico City, Federal District;

(6) in Peru: the judges and tribunals of the judicial district of Lima, Cercado;

(7) in Uruguay: the courts of the city of Montevideo;

(8) in Venezuela: the courts of the metropolitan area of the city of Caracas;

EUROPE, MIDDLE EAST, AND AFRICA

(9) in Austria: the court of law in Vienna, Austria (Inner-City);

(10) in Algeria, Andorra, Benin, Burkina Faso, Cameroon, Cape Verde, Central
African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of
Congo, Equatorial Guinea, France, French Guiana, French Polynesia, Gabon, Gambia,
Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania,
Mauritius, Mayotte, Monaco, Morocco, New Caledonia, Niger, Reunion, Senegal,
Seychelles, Togo, Tunisia, Vanuatu, and Wallis and Futuna: the Commercial Court of
Paris;

(11) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana,

(12) in South Africa, Namibia, Lesotho, and Swaziland: the High Court in
Johannesburg;

(13) in Greece: the competent court of Athens;

(14) in Israel: the courts of Tel Aviv-Jaffa;

(15) in Italy: the courts of Milan;

(16) in Portugal: the courts of Lisbon;

(17) in Spain: the courts of Madrid; and

(18) in Turkey: the Istanbul Central Courts and Execution Directorates of Istanbul,
the Republic of Turkey.

14.3 Arbitration

The following paragraph is added as a new Subsection 14.3 (Arbitration) as it

applies for those countries identified below. The provisions of this Subsection
14.3 prevail over those of Subsection 14.2 (Jurisdiction) to the extent permitted
by the applicable governing law and rules of procedure:

ASIA PACIFIC

(1) In Cambodia, India, Laos, Philippines, and Vietnam:

Disputes arising out of or in connection with this Agreement will be finally

If one of the parties refuses or otherwise fails to appoint an arbitrator within 30

days of the date the other party appoints its, the first appointed arbitrator will
be the sole arbitrator, provided that the arbitrator was validly and properly
appointed.

All proceedings will be conducted, including all documents presented in such

proceedings, in the English language. The English language version of this
Agreement prevails over any other language version.

(2) In the People's Republic of China:

In case no settlement can be reached, the disputes will be submitted to China

(3) In Indonesia:

Disputes arising out of or in connection with this Agreement shall be finally

If one of the parties refuses or otherwise fails to appoint an arbitrator within 30

days of the date the other party appoints its, the first appointed arbitrator shall
be the sole arbitrator, provided that the arbitrator was validly and properly
appointed.

All proceedings shall be conducted, including all documents presented in such

proceedings, in the English and/or Indonesian language.

EUROPE, MIDDLE EAST, AND AFRICA

(4) In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria,

All disputes arising out of this Agreement or related to its violation, termination
or nullity will be finally settled under the Rules of Arbitration and Conciliation
of the International Arbitral Center of the Federal Economic Chamber in Vienna
(Vienna Rules) by three arbitrators appointed in accordance with these rules. The
arbitration will be held in Vienna, Austria, and the official language of the
proceedings will be English. The decision of the arbitrators will be final and
binding upon both parties. Therefore, pursuant to paragraph 598 (2) of the Austrian
Code of Civil Procedure, the parties expressly waive the application of paragraph
595 (1) figure 7 of the Code. IBM may, however, institute proceedings in a
competent court in the country of installation.

(5) In Estonia, Latvia, and Lithuania:

AMERICAS COUNTRY AMENDMENTS

CANADA

10.1 Items for Which IBM May be Liable

The following replaces Item 1 in the first paragraph of this Subsection 10.1 (Items
for Which IBM May be Liable):

1) damages for bodily injury (including death) and physical harm to real property
and tangible personal property caused by IBM's negligence; and

13. General

The following replaces Item 13.d:

d. Licensee agrees to comply with all applicable export and import laws and
regulations, including those of that apply to goods of United States origin and
that prohibit or limit export for certain uses or to certain users.

The following replaces Item 13.i:

i. No right or cause of action for any third party is created by this Agreement or
any transaction under it, nor is IBM responsible for any third party claims against
Licensee except as permitted by the Limitation of Liability section above for
bodily injury (including death) or physical harm to real or tangible personal
property caused by IBM's negligence for which IBM is legally liable to that third
party.

The following is added as Item 13.m:

m. For purposes of this Item 13.m, "Personal Data" refers to information relating
to an identified or identifiable individual made available by one of the parties,
its personnel or any other individual to the other in connection with this
Agreement. The following provisions apply in the event that one party makes
Personal Data available to the other:

(1) General

(a) Each party is responsible for complying with any obligations applying to it
under applicable Canadian data privacy laws and regulations ("Laws").

(2) Security Safeguards

(b) Each party will ensure that Personal Data is protected in accordance with the
security safeguards communicated and agreed to by the other.

(c) Each party will ensure that any third party to whom Personal Data is
transferred is bound by the applicable terms of this section.

(d) Additional or different services required to comply with the Laws will be
deemed a request for new services.

(3) Use

Each party agrees that Personal Data will only be used, accessed, managed,
transferred, disclosed to third parties or otherwise processed to fulfill the
purpose(s) for which it was made available.

(4) Access Requests

(a) Each party agrees to reasonably cooperate with the other in connection with
requests to access or amend Personal Data.

(b) Each party agrees to reimburse the other for any reasonable charges incurred in
providing each other assistance.

(c) Each party agrees to amend Personal Data only upon receiving instructions to do
so from the other party or its personnel.

(5) Retention

(6) Public Bodies Who Are Subject to Public Sector Privacy Legislation

For Licensees who are public bodies subject to public sector privacy legislation,
this Item 13.m applies only to Personal Data made available to Licensee in
connection with this Agreement, and the obligations in this section apply only to
Licensee, except that: 1) section (2)(a) applies only to IBM; 2) sections (1)(a)
and (4)(a) apply to both parties; and 3) section (4)(b) and the last sentence in
(1)(b) do not apply.

PERU

10. Limitation of Liability

The following is added to the end of this Section 10 (Limitation of Liability):

Except as expressly required by law without the possibility of contractual waiver,

10.1 Items for Which IBM May be Liable

The following is added at the end of this Subsection 10.1:

UNITED STATES OF AMERICA

5. Taxes

The following is added at the end of this Section 5 (Taxes)

For Programs delivered electronically in the United States for which Licensee
claims a state sales and use tax exemption, Licensee agrees not to receive any
tangible personal property (e.g., media and publications) associated with the
electronic program.

Licensee agrees to be responsible for any sales and use tax liabilities that may
arise as a result of Licensee's subsequent redistribution of Programs after
delivery by IBM.

13. General

The following is added to Section 13 as Item 13.m:

U.S. Government Users Restricted Rights - Use, duplication or disclosure is

restricted by the GSA IT Schedule 70 Contract with the IBM Corporation.

The following is added to Item 13.f:

Each party waives any right to a jury trial in any proceeding arising out of or
related to this Agreement.

ASIA PACIFIC COUNTRY AMENDMENTS

AUSTRALIA

5. Taxes

The following sentences replace the first two sentences of Section 5 (Taxes):

If any government or authority imposes a duty, tax (other than income tax), levy,
or fee, on this Agreement or on the Program itself, that is not otherwise provided
for in the amount payable, Licensee agrees to pay it when IBM invoices Licensee. If
the rate of GST changes, IBM may adjust the charge or other amount payable to take
into account that change from the date the change becomes effective.

8.1 Limited Warranty

The following is added to Subsection 8.1 (Limited Warranty):

The warranties specified this Section are in addition to any rights Licensee may
have under the Competition and Consumer Act 2010 or other legislation and are only
limited to the extent permitted by the applicable legislation.

10.1 Items for Which IBM May be Liable

The following is added to Subsection 10.1 (Items for Which IBM May be Liable):
Where IBM is in breach of a condition or warranty implied by the Competition and
Consumer Act 2010, IBM's liability is limited to the repair or replacement of the
goods, or the supply of equivalent goods. Where that condition or warranty relates
to right to sell, quiet possession or clear title, or the goods are of a kind
ordinarily obtained for personal, domestic or household use or consumption, then
none of the limitations in this paragraph apply.

HONG KONG SAR, MACAU SAR, AND TAIWAN

As applies to licenses obtained in Taiwan and the special administrative regions,

(1) In Hong Kong SAR: "Hong Kong SAR"

(2) In Macau SAR: "Macau SAR" except in the Governing Law clause (Section 14.1)

(3) In Taiwan: "Taiwan."

INDIA

10.1 Items for Which IBM May be Liable

The following replaces the terms of Items 1 and 2 of the first paragraph:

13. General

The following replaces the terms of Item 13.g:

If no suit or other legal action is brought, within three years after the cause of
action arose, in respect of any claim that either party may have against the other,
the rights of the concerned party in respect of such claim will be forfeited and
the other party will stand released from its obligations in respect of such claim.

INDONESIA

3.3 Term and Termination

The following is added to the last paragraph:

JAPAN

13. General

The following is inserted after Item 13.f:

Any doubts concerning this Agreement will be initially resolved between us in good
faith and in accordance with the principle of mutual trust.

MALAYSIA

10.2 Items for Which IBM Is not Liable

The word "SPECIAL" in Item 10.2b is deleted.

NEW ZEALAND

8.1 Limited Warranty

The following is added:

The warranties specified in this Section are in addition to any rights Licensee may
have under the Consumer Guarantees Act 1993 or other legislation which cannot be
excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of
any goods which IBM provides, if Licensee requires the goods for the purposes of a
business as defined in that Act.

10. Limitation of Liability

The following is added:

Where Programs are not obtained 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

4. Charges

The following is added:

All banking charges incurred in the People's Republic of China will be borne by
Licensee and those incurred outside the People's Republic of China will be borne by
IBM.

PHILIPPINES

10.2 Items for Which IBM Is not Liable

The following replaces the terms of Item 10.2b:

b. special (including nominal and exemplary damages), moral, incidental, or

indirect damages or for any economic consequential damages; or

SINGAPORE

10.2 Items for Which IBM Is not Liable

The words "SPECIAL" and "ECONOMIC" are deleted from Item 10.2b.

13. General

The following replaces the terms of Item 13.i:

Subject to the rights provided to IBM's suppliers and Program developers as

provided in Section 10 above (Limitation of Liability), a person who is not a party
to this Agreement will have no right under the Contracts (Right of Third Parties)
Act to enforce any of its terms.

TAIWAN

8.1 Limited Warranty

The last paragraph is deleted.

10.1 Items for Which IBM May Be Liable

The following sentences are deleted:

This limit also applies to any of IBM's subcontractors and Program developers. It
is the maximum for which IBM and its subcontractors and Program developers are
collectively responsible.

EUROPE, MIDDLE EAST, AFRICA (EMEA) COUNTRY AMENDMENTS

EUROPEAN UNION MEMBER STATES

8. Warranty and Exclusions

The following is added to Section 8 (Warranty and Exclusion):

In the European Union ("EU"), consumers have legal rights under applicable national
legislation governing the sale of consumer goods. Such rights are not affected by
the provisions set out in this Section 8 (Warranty and Exclusions). The territorial
scope of the Limited Warranty is worldwide.

EU MEMBER STATES AND THE COUNTRIES IDENTIFIED BELOW

Iceland, Liechtenstein, Norway, Switzerland, Turkey, and any other European country
that has enacted local data privacy or protection legislation similar to the EU
model.

13. General

The following replaces Item 13.e:

(1) Definitions - For the purposes of this Item 13.e, the following additional
definitions apply:

(a) Business Contact Information - business-related contact information disclosed

(b) Business Contact Personnel - Licensee employees and contractors to whom the
Business Contact Information relates.

(c) Data Protection Authority - the authority established by the Data Protection
and Electronic Communications Legislation in the applicable country or, for non-EU
countries, the authority responsible for supervising the protection of personal
data in that country, or (for any of the foregoing) any duly appointed successor
entity thereto.
(d) Data Protection & Electronic Communications Legislation - (i) the applicable
local legislation and regulations in force implementing the requirements of EU
Directive 95/46/EC (on the protection of individuals with regard to the processing
of personal data and on the free movement of such data) and of EU Directive
2002/58/EC (concerning the processing of personal data and the protection of
privacy in the electronic communications sector); or (ii) for non-EU countries, the
legislation and/or regulations passed in the applicable country relating to the
protection of personal data and the regulation of electronic communications
involving personal data, including (for any of the foregoing) any statutory
replacement or modification thereof.

(e) IBM Group - International Business Machines Corporation of Armonk, New York,
USA, its subsidiaries, and their respective Business Partners and subcontractors.

(2) Licensee authorizes IBM:

(b) to disclose Business Contact Information to other members of IBM Group in

pursuit of the Specified Purpose only.

(3) IBM agrees that all Business Contact Information will be processed in
accordance with the Data Protection & Electronic Communications Legislation and
will be used only for the Specified Purpose.

AUSTRIA

8.2 Exclusions

The following is deleted from the first paragraph:

MERCHANTABILITY, SATISFACTORY QUALITY

10. Limitation of Liability

The following is added:

The following limitations and exclusions of IBM's liability do not apply for
damages caused by gross negligence or willful misconduct.

10.1 Items for Which IBM May Be Liable

The following replaces the first sentence in the first paragraph:

Circumstances may arise where, because of a default by IBM in the performance of
its obligations under this Agreement or other liability, Licensee is entitled to
recover damages from IBM.

In the second sentence of the first paragraph, delete entirely the parenthetical
phrase:

"(including fundamental breach, negligence, misrepresentation, or other contract or

tort claim)".

10.2 Items for Which IBM Is Not Liable

The following replaces Item 10.2b:

b. indirect damages or consequential damages; or

BELGIUM, FRANCE, ITALY, AND LUXEMBOURG

10. Limitation of Liability

The following replaces the terms of Section 10 (Limitation of Liability) in its

entirety:

Except as otherwise provided by mandatory law:

10.1 Items for Which IBM May Be Liable

The above limitation will not apply to damages for bodily injuries (including
death) and damages to real property and tangible personal property for which IBM is
legally liable.

10.2 Items for Which IBM Is Not Liable

10.3 Suppliers and Program Developers

GERMANY
8.1 Limited Warranty

The following is inserted at the beginning of Section 8.1:

The Warranty Period is twelve months from the date of delivery of the Program to
the original Licensee.

8.2 Exclusions

Section 8.2 is deleted in its entirety and replaced with the following:

Section 8.1 defines IBM's entire warranty obligations to Licensee except as

otherwise required by applicable statutory law.

10. Limitation of Liability

The following replaces the Limitation of Liability section in its entirety:

b. In the event of loss, damage and frustrated expenditures caused by slight

negligence or in breach of essential contractual obligations, IBM will be liable,
regardless of the basis on which Licensee is entitled to claim damages from IBM
(including fundamental breach, negligence, misrepresentation, or other contract or
tort claim), per claim only up to the greater of 500,000 euro or the charges (if
the Program is subject to fixed term charges, up to 12 months' charges) Licensee
paid for the Program that caused the loss or damage. A number of defaults which
together result in, or contribute to, substantially the same loss or damage will be
treated as one default.

c. In the event of loss, damage and frustrated expenditures caused by slight

negligence, IBM will not be liable for indirect or consequential damages, even if
IBM was informed about the possibility of such loss or damage.

13. General

The following replaces the provisions of 13.g:

Any claims resulting from this Agreement are subject to a limitation period of
three years, except as stated in Section 8.1 (Limited Warranty) of this Agreement.

The following replaces the provisions of 13.i:

No right or cause of action for any third party is created by this Agreement, nor
is IBM responsible for any third party claims against Licensee, except (to the
extent permitted in Section 10 (Limitation of Liability)) for: i) bodily injury
(including death); or ii) damage to real or tangible personal property for which
(in either case) IBM is legally liable to that third party.

IRELAND

8.2 Exclusions
The following paragraph is added:

Except as expressly provided in these terms and conditions, or Section 12 of the

IRELAND AND UNITED KINGDOM

2. Agreement Structure

The following sentence is added:

Nothing in this paragraph shall have the effect of excluding or limiting liability
for fraud.

10.1 Items for Which IBM May Be Liable

The following replaces the first paragraph of the Subsection:

Circumstances may arise where, because of a Default by IBM in the performance of

its obligations under this Agreement or other liability, Licensee is entitled to
recover damages from IBM. Regardless of the basis on which Licensee is entitled to
claim damages from IBM and except as expressly required by law without the
possibility of contractual waiver, IBM's entire liability for any one Default will
not exceed the amount of any direct damages, to the extent actually suffered by
Licensee as an immediate and direct consequence of the default, up to the greater
of (1) 500,000 euro (or the equivalent in local currency) or (2) 125% of the
charges (if the Program is subject to fixed term charges, up to 12 months' charges)
for the Program that is the subject of the claim. Notwithstanding the foregoing,
the amount of any damages for bodily injury (including death) and damage to real
property and tangible personal property for which IBM is legally liable is not
subject to such limitation.

10.2 Items for Which IBM is Not Liable

The following replaces Items 10.2b and 10.2c:

b. special, incidental, exemplary, or indirect damages or consequential damages; or

c. wasted management time or lost profits, business, revenue, goodwill, or

anticipated savings.

Z125-3301-14 (07/2011)

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