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License Agreement and Limited Product Warranty, Red Hat Linux 7.1 for iSeries, pSeries, or zSeries
Please read this document carefully before installing Red Hat® Linux®, any of its packages, or any software included with this product, on your computer. This document contains important information about your legal rights. By installing any or all of the software included with this product, you agree to the following terms and conditions.
As used herein, "EULA" means an end user license agreement, and "Software Programs" means, collectively, the Linux Programs and the IBM programs, as each of these terms is defined herein.
Red Hat Linux is a modular operating system made up of hundreds of individual software components, each of which was written and copyrighted individually. Each component has its own applicable end user license agreement. Throughout this document the components are referred to, individually and collectively, as the "Linux Programs." Most of the Linux Programs are licensed pursuant to a Linux EULA that permits you to copy, modify, and redistribute the software, in both source code and binary code forms. However, you must review the on-line documentation that accompanies each of the Linux Programs included in this product for the applicable Linux EULA. Review these Linux EULAs carefully, in order to understand your rights under them and to realize the maximum benefits available to you with Red Hat Linux. Nothing in this license agreement limits your rights under, or grants you rights that supercede, the terms of any applicable Linux EULA.
The IBM CD includes software licensed to you from International Business Machines Corporation, hereinafter, the "IBM Programs." For the precise terms of the license to you for these IBM Programs, please check the on-line documentation that accompanies them or review the IBM Binary Code License posted at www.redhat.com/licenses. If you do not agree to abide by the applicable license terms for these IBM Programs, then do not install them on your computer.
Red Hat Linux itself is a collective work under U.S. copyright law.
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 EULA 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 www.redhat.com/about/corporate/trademark/ 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.
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.
As required by U.S. law, you represent and warrant that you: (a) understand that certain of the Software Programs are subject to export controls under the U.S. Commerce Department's Export Administration Regulations ("EAR"); (b) are not located in a prohibited destination country under the EAR or U.S. sanctions regulations (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria); (c) will not export, re-export, or transfer the Software Programs to any prohibited destination, entity, or individual without the necessary export license(s) or authorization(s) from the U.S. Government; (d) will not use or transfer the Software Programs for use in any sensitive nuclear, chemical or biological weapons, or missile technology end-uses unless authorized by the U.S. Government by regulation or specific license; (e) understand and agree that if you are in the United States and export or transfer the Software Programs to eligible end users, you will, as required by EAR Section 741.17(e), submit semi-annual reports to the Commerce Department's Bureau of Industry & Security (BIS), which include the name and address (including country) of each transferee; and (f) understand that countries other than the United States may restrict the import, use, or export of encryption products and that you shall be solely responsible for compliance with any such import, use, or export restrictions.
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.