Lenovo

Lenovo

Lenovo License Agreement

L505-0009-01 04/2007

This Lenovo License Agreement (the "Agreement") applies to each Lenovo Software

Product that You acquire, whether it is preinstalled on or included with a

Lenovo hardware product, acquired separately, or downloaded by You from a

Lenovo Web site or a third-party Web site approved by Lenovo. It also applies

to any updates or patches to these Software Products.

This Lenovo License Agreement is available in other languages at

www.lenovo.com/license.

Lenovo will license the Software Product to You only if You accept this

Agreement. You agree to the terms of this Agreement by clicking to accept it or

by installing, downloading, or using the Software Product.

If You do not agree to these terms, do not install, download, or use the

Software Product(s).

- If You acquired the Software Product(s) and paid a license fee, return the

  Software Product to the party from whom You acquired it to obtain a refund or

  a credit of the amount You paid.

  

- If You acquired the Software Product(s) preinstalled on or provided with a

  Lenovo hardware product, You may continue to use the hardware product, but

  not the Software Product(s) covered under this Agreement.

"Software Product" includes computer software programs (whether preinstalled or

provided separately) and related licensed materials such as documentation.

"You" and "Your" refer either to an individual person or to a single legal

entity.

1. Entitlement

   You must maintain Your original dated sales transaction document, such as a

   receipt, invoice or similar document, as Your proof of Your right to use the

   Software Product. The transaction document specifies the usage level

   acquired. If no usage level is specified, You may install and use a single

   copy of the Software Product on a single hardware product.

   Your transaction document also provides evidence of Your eligibility for

   future upgrades, if any. For Software Products preinstalled on, included

   with, or distributed at no charge for use on a Lenovo hardware product,

   Your hardware product sales transaction document is also the proof of Your

   right to use the Software Product.

2. License

   The Software Product is owned by Lenovo or a Lenovo supplier, and is

   copyrighted and licensed, not sold. Lenovo grants You a nonexclusive

   license to use the Software Product when You lawfully acquire it.

   You may a) use the Software Product up to the level of use specified in

   Your transaction document and b) make and install copies, including a

   backup copy, to support such use. The terms of this Agreement apply to

   each copy You make.

   You may not remove or alter any copyright notices or legends of ownership.

   If You acquire the Software Product as a program upgrade, after You install

   the upgrade You may not use the Software Product from which You upgraded or

   transfer it to another party.

   You will ensure that anyone who uses the Software Product (accessed either

   locally or remotely) does so only for Your authorized use and complies with

   the terms of this Agreement.

   You may not a) use, copy, modify, or distribute the Software Product except

   as provided in this Agreement; b) reverse assemble, reverse compile, or

   otherwise translate the Software Product except as specifically permitted by

   law without the possibility of contractual waiver; or 3) sublicense, rent,

   or lease the Software Product.

   Lenovo may terminate Your license if You fail to comply with the terms of

   this Agreement. If Lenovo does so, You must destroy all copies of the

   Software Product.

3. Transferability

   You may not transfer or assign the Software Product to any other party,

   except as permitted in this section.

   

   Preinstalled Software Products are licensed for use only on the Lenovo

   hardware product on which they are preinstalled or included with and may be

   transferred only with that Lenovo hardware product. They may not be

   transferred independent of the Lenovo hardware product.

4. Third Party Software Components and Products

   Some Lenovo Software Products and future updates and patches may contain

   third party components, which may include Microsoft Windows Preinstallation

   Environment. These third party components are provided to You under separate

   terms and conditions different from this Agreement, typically found in a

   separate license agreement or in a README (or similarly titled) file. The

   third party's license terms and use restrictions will solely govern the use

   of such components.

   Third Party Software Products provided by Lenovo may be governed by the

   terms of this Agreement but are usually licensed by the Third Party under

   its own terms and conditions. Third Party Software Products that are not

   licensed by Lenovo are subject solely to the terms of their accompanying

   license agreements.

5. Software Product Specifications

   The Software Product specifications and specified operating environment

   information may be found in documentation accompanying the Software

   Product, if available, such as a README or similarly titled file, or

   otherwise published by Lenovo.

6. Charges

   Charges for the Software Product are based on the level of use acquired.

   If You wish to increase the level of use, contact Lenovo or the party from

   whom You acquired the Software Product. Additional charges may apply.

   If any authority imposes a duty, tax, levy or fee, excluding those based on

   Lenovo's net income, upon the Software Product, then You agree to pay the

   amount specified or supply exemption documentation. You are responsible for

   any personal property taxes for the Software Product from the date that You

   acquire it.

7. No Warranty

   The Software Product(s) is provided to You "AS IS."

   

   SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE EXCLUDED, LENOVO MAKES

   NO WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT

   LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS

   FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, REGARDING THE SOFTWARE

   PRODUCT OR TECHNICAL SUPPORT, IF ANY.

   The exclusion also applies to any of Lenovo's developers and suppliers.

   Suppliers or publishers of non-Lenovo Software Products may provide their

   own warranties.

   Lenovo does not provide technical support, unless Lenovo specifies otherwise

   in writing.

8. Limitation of Liability

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

   other liability, You may be entitled to recover damages from Lenovo. In each

   such instance, regardless of the basis on which You are entitled to claim

   damages from Lenovo (including fundamental breach, negligence,

   misrepresentation, or other contract or tort claim), except and to the

   extent that liability cannot be waived or limited by applicable laws, Lenovo

   is liable for no more than the amount of actual direct damages suffered by

   You, up to the amount You paid for the Software Product. This limit does not

   apply to damages for bodily injury (including death) and damage to real

   property and tangible personal property for which Lenovo is required by law

   to be liable.

   This limit also applies to Lenovo's suppliers and resellers. It is the

   maximum for which Lenovo, its suppliers and resellers are collectively

   responsible.

   UNDER NO CIRCUMSTANCES IS LENOVO, ITS SUPPLIERS OR RESELLERS LIABLE FOR ANY

   OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY: 1) THIRD PARTY

   CLAIMS AGAINST YOU FOR DAMAGES; 2) LOSS OF, OR DAMAGE TO, YOUR DATA; OR 3)

   SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL

   DAMAGES, INCLUDING LOST PROFITS, BUSINESS REVENUE, GOODWILL, OR ANTICIPATED

   SAVINGS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR

   LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION

   OR EXCLUSION MAY NOT APPLY TO YOU.

9. Consumer Rights

   Nothing in this Agreement affects any statutory rights of consumers that

   cannot be waived or limited by contract. You may have additional consumer

   rights under applicable local laws, which this Agreement cannot change.

10. General

    a) In the event that any provision of this Agreement is held to be invalid

       or unenforceable, the remaining provisions of this Agreement remain in

       full force and effect.

    b) You agree to comply with all applicable export and import laws and

       regulations.

    c) Neither You nor Lenovo will bring a legal action under this Agreement

       more than two (2) years after the cause of action arose unless otherwise

       provided by local law without the possibility of contractual waiver or

       limitation.

11. Dispute Resolution

    If You acquired the Software Product in Cambodia, Indonesia, Philippines,

    Vietnam or Sri Lanka, disputes arising out of or in connection with this

    Software Product shall be finally settled by arbitration held in Singapore

    and this Agreement shall be governed, construed and enforced in accordance

    with the laws of Singapore, without regard to conflict of laws. If You

    acquired the Software Product in India, disputes arising out of or in

    connection with this Software Product shall be finally settled by

    arbitration held in Bangalore, India. Arbitration in Singapore shall be

    held in accordance with the Arbitration Rules of Singapore International

    Arbitration Center ("SIAC Rules") then in effect. Arbitration in India

    shall be held in accordance with the laws of India 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. All arbitration proceedings shall be conducted,

    including all documents presented in such proceedings, in the English

    language, and the English language version of this Agreement prevails over

    any other language version in such proceedings.