 International Program License Agreement


Part 1 - General Terms

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. IBM
WILL LICENSE THE PROGRAM TO YOU ONLY IF YOU FIRST ACCEPT THE TERMS OF
THIS AGREEMENT. BY USING THE PROGRAM YOU AGREE TO THESE TERMS. IF YOU
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE
UNUSED PROGRAM TO THE PARTY (EITHER IBM OR ITS RESELLER) FROM WHOM YOU
ACQUIRED IT TO RECEIVE A REFUND OF THE AMOUNT YOU PAID.

The Program is owned by International Business Machines Corporation or
one of its subsidiaries (IBM) or an IBM supplier, and is copyrighted
and licensed, not sold.

The term "Program" means the original program and all whole or partial
copies of it. A Program consists of machine-readable instructions, its
components, data, audio-visual content (such as images, text,
recordings, or pictures), and related licensed materials.

This Agreement includes Part 1 - General Terms, Part 2 -
Country-unique Terms, and "License Information" and is the complete
agreement regarding the use of this Program, and replaces any prior
oral or written communications between you and IBM. The terms of Part
2 and License Information may replace or modify those of Part 1.


1. License

Use of the Program

IBM grants you a nonexclusive license to use the Program.

You may 1) use the Program to the extent of authorizations you have
acquired and 2) make and install copies to support the level of use
authorized, providing you reproduce the copyright notice and any other
legends of ownership on each copy, or partial copy, of the Program.

If you acquire this Program as a program upgrade, your authorization
to use the Program from which you upgraded is terminated.

You will ensure that anyone who uses the Program does so only in
compliance with the terms of this Agreement.

You may not 1) use, copy, modify, or distribute the Program except as
provided in this Agreement; 2) reverse assemble, reverse compile, or
otherwise translate the Program except as specifically permitted by
law without the possibility of contractual waiver; or 3) sublicense,
rent, or lease the Program.

Transfer of Rights and Obligations

You may transfer all your license rights and obligations under a Proof
of Entitlement for the Program to another party by transferring the
Proof of Entitlement and a copy of this Agreement and all
documentation. The transfer of your license rights and obligations
terminates your authorization to use the Program under the Proof of
Entitlement.


2. Proof of Entitlement

The Proof of Entitlement for this Program is evidence of your
authorization to use this Program and of your eligibility for warranty
services, future upgrade program prices (if announced), and potential
special or promotional opportunities.


3. Charges and Taxes

IBM defines use for the Program for charging purposes and specifies it
in the Proof of Entitlement. Charges are based on extent of use
authorized. If you wish to increase the extent of use, notify IBM or
its reseller and pay any applicable charges. IBM does not give refunds
or credits for charges already due or paid.

If any authority imposes a duty, tax, levy or fee, excluding those
based on IBM's net income, upon the Program supplied by IBM under this
Agreement, then you agree to pay that amount as IBM specifies or
supply exemption documentation.


4. Limited Warranty

IBM warrants that when the Program is used in the specified operating
environment it will conform to its specifications. IBM does not
warrant uninterrupted or error-free operation of the Program or that
we will correct all Program defects. You are responsible for the
results obtained from the use of the Program. The warranty period for
the Program expires when its Program services are no longer available.
The License Information specifies the duration of Program services.

During the warranty period warranty service is provided without charge
for the unmodified portion of the Program through defect-related
Program services. Program services are available for at least one year
following the Program's general availability. Therefore, the duration
of warranty service depends on when you obtain your license. If the
Program does not function as warranted during the first year after you
obtain your license and IBM is unable to resolve the problem by
providing a correction, restriction, or bypass, you may return the
Program to the party (either IBM or its reseller) from whom you
acquired it and receive a refund in the amount you paid for it. To be
eligible, you must have acquired the Program while Program services
(regardless of the remaining duration) were available for it.

THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.

These warranties give you specific legal rights, and you may also have
other rights which vary from jurisdiction to jurisdiction. Some
jurisdictions do not allow the exclusion or limitation of implied
warranties, so the above exclusion or limitation may not apply to you.
In that event such warranties are limited in duration to the warranty
period. No warranties apply after that period.


5. Limitation of Liability

Circumstances may arise where, because of a default on IBM's part or
other liability, you are entitled to recover damages from IBM. In each
such instance, regardless of the basis on which you may be entitled to
claim damages from IBM, (including fundamental breach, negligence,
misrepresentation, or other contract or tort claim), IBM is liable for
no more than 1) damages for bodily injury (including death) and damage
to real property and tangible personal property and 2) the amount of
any other actual direct damages up to the greater of U.S. $100,000 (or
equivalent in your local currency) or the charges for the Program that
is the subject of the claim.

IBM WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR INDIRECT
DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST
PROFITS OR SAVINGS), EVEN IF IBM, OR ITS RESELLER, HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IBM will not be liable for 1) loss of, or damage to, your records or
data or 2) any damages claimed by you based on any third party claim.

This limitation of liability also applies to any developer of a
Program supplied to IBM. It is the maximum for which IBM and its
suppliers are collectively responsible.


6. General

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

IBM may terminate your license if you fail to comply with the terms of
this Agreement. If IBM does so, your authorization to use the Program
is also terminated.

You agree to comply with applicable export laws and regulations.

Neither you nor IBM will bring a legal action under this Agreement
more than two years after the cause of action arose unless otherwise
provided by local law without the possibility of contractual waiver or
limitation.

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

The laws of the country in which you acquire the Program govern this
Agreement, except 1) in Australia, the laws of the State or Territory
in which the transaction is performed govern this Agreement; 2) in
Albania, Armenia, Belarus, Bosnia/Herzegovina, Bulgaria, Croatia,
Czech Republic, Georgia, Hungary, Kazakhstan, Kirghizia, Former
Yugoslav Republic of Macedonia (FYROM), Moldova, Poland, Romania,
Russia, Slovak Republic, Slovenia, Ukraine, and Federal Republic of
Yugoslavia, the laws of Austria govern this Agreement; 3) in the
United Kingdom, all disputes relating to this Agreement will be
governed by English Law and will be submitted to the exclusive
jurisdiction of the English courts; 4) in Canada, the laws in the
Province of Ontario govern this Agreement; and 5) in the United States
and Puerto Rico, and People's Republic of China, the laws of the State
of New York govern this Agreement.



Part 2 - Country-unique Terms


AUSTRALIA:

Limited Warranty (Section 4):

The following paragraph is added to this Section:

The warranties specified in this Section are in addition to any rights
you may have under the Trade Practices Act 1974 or other legislation
and are only limited to the extent permitted by the applicable
legislation.

Limitation of Liability (Section 5):

The following paragraph is added to this Section:

Where IBM is in breach of a condition or warranty implied by the Trade
Practices Act 1974, 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 acquired for
personal, domestic or household use or consumption, then none of the
limitations in this paragraph apply.


EGYPT:

Limitation of Liability (Section 5):

The following replaces item 2 in the first paragraph of this Section:

2) as to any other actual direct damages, IBM's liability will be
limited to the total amount you paid for the Program that is the
subject of the claim.


FRANCE :

Limitation of Liability (Section 5):

The following replaces the second sentence in the first paragraph of
this Section:

In such instances, regardless of the basis on which you are entitled
to claim damages from IBM, IBM is liable for no more than 1) damages
for bodily injury (including death) and damage to real property and
tangible personal property; and 2) the amount of any other actual
direct damages up to the greater of a) U.S. $100,000 (or equivalent in
local currency) or b) the charges for the Program which is the subject
of the claim.


GERMANY:

Limited Warranty (Section 4):

The following paragraphs are added to this Section:

The minimum warranty period for Programs is six months.

In case a Program is delivered without Specifications, we will only
warrant that the Program information correctly describes the Program
and that the Program can be used according to the Program information.
You have to check the usability according to the Program information
within the "money-back guaranty" period.

The following replaces the first sentence of the first paragraph of
this Section:

The warranty for an IBM Program covers the functionality of the
Program for its normal use and the Program's conformity to its
Specifications.

Limitation of Liability (Section 5):

The following paragraph is added to the Section:

The limitations and exclusions specified in the Agreement will not
apply to damages caused by IBM with fraud or gross negligence, and for
express warranty.

In item 2, replace "U.S. $100,000" with "DEM 1.000.000".

The following sentence is added to the end of item 2 of the first
paragraph:

IBM's liability under this item is limited to the violation of
essential contractual terms in cases of ordinary negligence.


INDIA:

Limitation of Liability (Section 5):

The following replaces items 1 and 2 in 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 you for the individual Program that is
the subject of the claim.

General (Section 6):

The following replaces the fourth paragraph of this Section:

If no suit or other legal action is brought, within two 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.


IRELAND:

Limited Warranty (Section 4):

The following paragraph is added to this Section:

Except as expressly provided in these terms and conditions, all
statutory conditions, including all warranties implied, but without
prejudice to the generality of the foregoing, all warranties implied
by the Sale of Goods Act 1893 or the Sale of Goods and Supply of
Services Act 1980 are hereby excluded.

Limitation of Liability (Section 5):

The following replaces items 1 and 2 in the first paragraph of this
Section:

1) death or personal injury or physical damage to your real property
solely caused by IBM's negligence; and 2) the amount of any other
actual direct damages, up to the greater of Irish Pounds 75,000 in
respect of Programs or 125 percent of the charges for the Program that
is the subject of the claim or which otherwise gives rise to the
claim.

The following paragraph is added at the end of this Section:

IBM's entire liability and your sole remedy, whether in contract or in
tort, in respect of any default will be limited to damages.


ITALY:

Limitation of Liability (Section 5):

The following replaces the second sentence in the first paragraph:

In each such instance unless otherwise provided by mandatory law, IBM
is liable for no more than damages for bodily injury (including death)
and damage to real property and tangible personal property and 2) as
to any other actual damage arising in all situations involving
non-performance by IBM pursuant to, or in any way related to the
subject matter of this Agreement, IBM's liability, will be limited to
the total amount you paid for the Program that is the subject of the
claim.


NEW ZEALAND:

Limited Warranty (Section 4):

The following paragraph is added to this Section:

The warranties specified in this Section are in addition to any rights
you 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 or services
which IBM provides, if you require the goods or services for the
purposes of a business as defined in that Act.

Limitation of Liability (Section 5):

The following paragraph is added to this Section:

Where Programs are not acquired for the purposes of a business as
defined in the Consumer Guarantees Act 1993, the limitations in this
Section are subject to the limitations in that Act.


PEOPLE'S REPUBLIC OF CHINA:

Charges (Section 3):

The following paragraph is added to the Section:

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


UNITED KINGDOM:

Limitation of Liability (Section 5):

The following replaces items 1 and 2 in the first paragraph of this
Section:

1) death or personal injury or physical damage to your real property
solely caused by IBM's negligence; 2) the amount of any other actual
direct damages, up to the greater of Pounds Sterling 75,000 in respect
of Programs or 125 percent of the charges for the Program that is the
subject of the claim or which otherwise gives rise to the claim.

The following item is added:

3) breach of IBM's obligations implied by Section 12 of the Sale of
Goods Act 1979 or Section 2 of the Supply of Goods and Services Act
1982.

The following paragraph is added at the end of this Section:

IBM's entire liability and your sole remedy, whether in contract or in
tort, in respect of any default will be limited to damages.

License Information

Program Services end date

This program is warranted and program services will be available until
12/31/2003.

This program is year 2000 ready

Specified Operating Environment

Thin Client Hardware Supported

IBM NetVista Thin Client Series N70
IBM NetVista Thin Client Series 2200 (except N2200w)
IBM NetVista Thin Client Series 2800 
	
Boot Servers must have the following operating systems installed

Turbolinux  6.0.4,  6.5,  7.0
RedHat  6.2,  7.1
SuSE  6.4,  7.2
Caldera  2.4,  3.1
NT  4.0  -  service pack 6 or newer
Windows 2000  -  service pack 1 or newer

Program Specifications

IBM NetVista Thin Client with Turbolinux 7 provides:

Turbolinux Workstation 7.0
Linux kernel 2.4.8
Setup Wizard configuration and setup utilities
Flash Creation tool
Flash Management tool
Thin Client Operations Utility Release 2
Netscape 4.78 browser with plug in support for
   ICE, KDE, or FVWM-2 desktop manager
IBM JavaVirtual Machine (JVM) 1.3
3270 and 5250 emulators
Citrix ICA 6.20
Peer boot capability
Ethernet 10/100Mb or Token Ring 4/16Mb
PPP/dial enablement
PAM-LDAP and PAM-SMB authetication
Wirless network support
Acrobat reader
Support for 16 national language keyboards
EuroReady
Y2K Ready
-------------------------------------------------------------------
Thin Client Manager Operations Utility V2R2
includes a module named Tomcat which is obtained
from the Apache Software Foundation. 
The following license covers this module:
-------------------------------------------------------------------
The Apache Software License, Version 1.1

Copyright (c) 1999 The Apache Software Foundation.  All rights 
 reserved.
 
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
 are met:

1. Redistributions of source code must retain the above copyright
    notice, this list of conditions and the following disclaimer. 
 
 2. Redistributions in binary form must reproduce the above copyright
     notice, this list of conditions and the following disclaimer in
     the documentation and/or other materials provided with the
     distribution.
 
 3. The end-user documentation included with the redistribution, if
    any, must include the following acknowlegement:   "This product
    includes software developed by the  Apache Software Foundation
    (http://www.apache.org/)." Alternately, this acknowlegement may
    appear in the software itself, if and wherever such third-party
    acknowlegements normally appear.
 
 4. The names "The Jakarta Project", "Tomcat", and "Apache Software
    Foundation" must not be used to endorse or promote products derived
    from this software without prior written permission. For written 
    permission, please contact apache@apache.org.
 
 5. Products derived from this software may not be called "Apache"
     nor may "Apache" appear in their names without prior written
     permission of the Apache Group.
 
 THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
 WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
 MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
 IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS
 BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
 OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
 OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
 BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
 WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
 OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
 EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
 ========================================================== This
 software consists of voluntary contributions made by many individuals
 on behalf of the Apache Software Foundation.  For more information on
 the Apache Software Foundation, please see <http://www.apache.org/>.

-------------------------------------------------------------------
Thin Client Manager Operations Utility V2R2
includes a module that has been obtained from
Red Hat Incorporated.   
The following license covers this module:
-------------------------------------------------------------------
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS
BEFORE INSTALLING ANY OF THE SOFTWARE PROGRAMS.
INSTALLING THE SOFTWARE PROGRAMS INDICATES YOUR
ACCEPTANCE TO THE TERMS AND CONDITIONS SET FORTH IN THIS
DOCUMENT AND OF THE END USER LICENSE AGREEMENT
ASSOCIATED WITH THE SOFTWARE PROGRAM. IF YOU DO NOT
AGREE WITH THESE TERMS AND CONDITIONS, DO NOT INSTALL
THE SOFTWARE PROGRAMS.

THE SOFTWARE PROGRAMS, INCLUDING SOURCE CODE, DOCUMENTATION,
APPEARANCE, STRUCTURE AND ORGANIZATION, ARE PROPRIETARY PRODUCTS OF
RED HAT, INC. AND OTHERS AND ARE PROTECTED BY COPYRIGHT AND OTHER
LAWS. TITLE TO THESE PROGRAMS, OR TO ANY COPY,  MODIFICATION OR MERGED
PORTION OF ANY OF THESE PROGRAMS, SHALL AT ALL TIMES REMAIN WITH THE
AFOREMENTIONED, SUBJECT TO THE TERMS AND CONDITIONS OF THE APPLICABLE
END USER LICENSE AGREEMENT RELATED TO THE SOFTWARE PROGRAMS UNDER
CONSIDERATION.

THE "RED HAT" TRADEMARK AND RED HAT'S SHADOW MAN LOGO ARE REGISTERED
TRADEMARKS OF RED HAT, INC. IN THE UNITED STATES AND OTHER COUNTRIES.
WHILE THIS LICENSE AGREEMENT ALLOWS YOU TO COPY, MODIFY AND DISTRIBUTE
THE SOFTWARE, IT DOES NOT PERMIT YOU TO DISTRIBUTE THE SOFTWARE
UTILIZING RED HAT'S TRADEMARKS. YOU SHOULD READ THE INFORMATION FOUND
AT http://www.redhat.com/about/trademark_guidelines.html BEFORE
DISTRIBUTING A COPY OF THE SOFTWARE, REGARDLESS OF WHETHER IT HAS BEEN
MODIFIED.

CERTAIN LIMITED TECHNICAL SUPPORT SERVICES ACCOMPANY
RED HAT LINUX. THE RIGHT TO USE THOSE TECHNICAL SUPPORT
SERVICES ARE LIMITED TO THE ORIGINAL PURCHASE OF THE
PRODUCT FROM EITHER RED HAT OR A RED HAT AUTHORIZED
DISTRIBUTOR. WHILE YOU HAVE THE RIGHT TO TRANSFER YOUR
COPY OF RED HAT LINUX TO ANOTHER PARTY, YOU MAY NOT
TRANSFER THE RIGHT TO USE THOSE TECHNICAL SUPPORT
SERVICES ONCE YOU HAVE ACTIVATED YOUR PRODUCT FOR
SUPPORT. ANY ATTEMPT TO TRANSFER TECHNICAL SUPPORT
SERVICES FOLLOWING ACTIVATION WILL RENDER YOUR RIGHT TO
THE TECHNICAL SUPPORT SERVICES NULL AND VOID.

LIMITED WARRANTY

EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT OR IN AN
EULA, THE SOFTWARE PROGRAMS ARE PROVIDED AND LICENSED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND
FITNESS FOR A PARTICULAR PURPOSE.

Red Hat, Inc. warrants that the media on which any of the Software
Programs are furnished will be free from defects in materials and
manufacture under normal use for a period of 30 days from the date of
delivery to you. Red Hat, Inc. does not warrant that the functions
contained in the Software Programs will meet your requirements or that
the operation of the Software Programs will be entirely error free or
appear precisely as described in the accompanying documentation.

ANY WARRANTY OR REMEDY PROVIDED UNDER THIS AGREEMENT
EXTENDS ONLY TO THE PARTY WHO PURCHASES RED HAT LINUX
FROM RED HAT OR A RED HAT AUTHORIZED DISTRIBUTOR.

LIMITATION OF REMEDIES AND LIABILITY

To the maximum extent permitted by applicable law, the remedies
described below are accepted by you as your only remedies, and shall
be available to you only if you or your dealer registers this product
with Red Hat, Inc. in accordance with the instructions provided with
this product within ten days after delivery of the Software Programs
to you.

Red Hat, Inc.'s entire liability, and your exclusive remedies, shall
be: if the Software Programs media are defective, you may return them
within 30 days of delivery to you along with a copy of your receipt
and Red Hat, Inc., at its option, will replace them or refund the
money paid by you for the Software Programs. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RED HAT, INC. BE LIABLE
TO YOU FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR
INABILITY TO USE THE SOFTWARE PROGRAMS, EVEN IF RED HAT, INC. OR A
DEALER AUTHORIZED BY RED HAT, INC. HAD BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.

GENERAL

If any provision of this Agreement is held to be unenforceable, that
shall not effect the enforceability of the remaining provisions. This
Agreement shall be governed by the laws of the State of North Carolina
and of the United States, without regard to any conflict of laws
provisions.

Copyright  2001 Red Hat, Inc. All rights reserved. "Red Hat" and the
Red Hat "Shadow Man" logo are registered trademarks of Red Hat, Inc.
"Linux" is a registered trademark of Linus Torvalds. All other
trademarks are the property of their respective owners.
