These guarantees are the exclusive guarantees of the licensee and replace all other explicit or implied guarantees or conditions, including, but not limited, to unspoken guarantees or market conditions, satisfactory quality, adequacy to a particular purpose, title and any guarantee or condition of non-counterfeiting. Some jurisdictions do not allow for the exclusion of explicit or unspoken guarantees, so the aforementioned exclusion may not apply to a licensee. In this case, these guarantees are limited to the warranty period. At the end of this period, the guarantees will no longer apply. Some jurisdictions do not limit the duration of a tacit guarantee, so the above restriction may not apply to the licensee. These guarantees confer specific legal rights on the licensee. The licensee may also have other rights that vary from jurisdiction to jurisdiction. The guarantees in this section 7 (guarantee and exclusions) are exclusively provided by IBM. However, the disclaimers in this subsection 7.2 (exclusions) also apply to third-party IBM suppliers. These suppliers make such a code available without any guarantee or condition of any kind. This paragraph does not remove IBM`s guarantee obligations from this agreement. For program licensing agreements for programs announced prior to May 1, 1999, please contact your on-site IBM office or your local IBM partner.
Considering that IBM sells different types of products with different types of licenses, there are also different licensing information documents. These agreements include the user rights you have, as well as the conditions under which the programs are granted. Assimil8 Limited may terminate the licensee`s licence if the licensee does not comply with the regulations or if IBM Assimil8 Limited indicates that it has reason to believe that the licensee does not comply with the terms of this agreement. Assistance staff and consultants who respond to assistance agreements can conduct on-site visits to resolve business intelligence issues that cannot be resolved over the phone. SOS is designed to help users who rarely need specific local support. SOS appointments must be justified by a documented case of helpDesk, and support staff receive internal permission to provide these SOS services [SOS notes entails additional costs and travel costs]. 1.7 Third-party software sub-licenses. The software granted to you may contain third-party hardware (“under-authorized software” made available to the licensee by a “sublicensing software provider”). Accordingly, the parties agree that: (a) the software will not be authorized, not sold and, with the exception of the license granted above, neither the subleased software provider nor the licensee will pass on the right, ownership or interest of the underauthorized software to you.
(b) any guarantee granted under this agreement is provided exclusively by the licensee and not by a sublicensing software provider; (c) the obligations set out in Section 3 (“INDEMNITY”) and Section 4 (“LIMITED WARRANTY AND DISCLAIMER”) do not apply to under-licensed software providers; (d) the protections and restrictions under Section 4 (“LIMITED WARRANTY AND DISCLAIMER”) and Section 6 (“LIMITATION OF LIABILITY”) apply to sublicensing software providers to the extent that these provisions apply to the licensee; and (e) any sub-licensed software provider is a third party expected beneficiary of the agreement and all compensation rights.