International License Agreement for Non-Warranted Programs

Part 1 - General Terms
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. AIX HEALTH CHECK 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 AIX HEALTH CHECK OR ITS RESELLER) FROM WHOM YOU ACQUIRED IT TO RECEIVE A REFUND OF THE AMOUNT YOU PAID (IF ANY).

The Program 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 and Part 2 - Country-unique Terms and is the complete agreement regarding the use of this Program, and replaces any prior oral or written communications between you and AIX Health Check. The terms of Part 2 may replace or modify those of Part 1.

1. License
Use of the Program

AIX Health Check grants you a non-exclusive 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 future upgrade program prices (if announced) and potential special or promotional opportunities.

3. Charges and Taxes
AIX Health Check 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 AIX Health Check or its reseller and pay any applicable charges. AIX Health Check 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 AIX Health Checks' net income, upon the Program supplied by AIX Health Check under this Agreement, then you agree to pay that amount as AIX Health Check specifies or supply exemption documentation.

4. No Warranty
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, AIX HEALTH CHECK MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PROGRAM OR TECHNICAL SUPPORT, IF ANY.

The exclusion also applies to any of AIX Health Checks' subcontractors, suppliers, or program developers (collectively called "Suppliers").

Manufacturers, suppliers, or publishers of non-AIX Health Check Programs may provide their own warranties.

5. Limitation of Liability
NEITHER AIX HEALTH CHECK NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF AIX HEALTH CHECK IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

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

AIX Health Check may terminate your license if you fail to comply with the terms of this Agreement. If AIX Health Check does so, you must immediately destroy the Program and all copies you made of it.

You agree to comply with applicable export laws and regulations.

Neither you nor AIX Health Check will bring a legal action under this Agreement unless otherwise provided by local law without the possibility of contractual waiver or limitation.

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

AIX Health Check does not provide program services or technical support, unless AIX Health Check specifies otherwise.

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 Texas govern this Agreement.

You are entitled to a 100 percent money back guarantee within the first 30 days after the Program is licensed to you. It is at the discretion of AIX Health Check to determine if a refund is provided to you or not. You are required to allow AIX Health Check to correct any issues, if any, and you are required to provide a written valid reason, if you wish to make use of the 100 percent money back guarantee. Any late payment from you will invalidate the 100 percent money back guarantee.

The login information (email address and password combination) provided to you, is part of this license agreement. It is not allowed to share this login information with anyone outside the organization for which AIX Health Check was purchased. Also, the login information will be invalidated after exactly one year after AIX Health Check was purchased, if the license is not renewed for another year.

Part 2 - Country-unique Terms
AUSTRALIA:

No Warranty (Section 4):

The following paragraph is added to this Section:

Although AIX Health Check specifies that there are no warranties, you may have certain rights 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):

Where AIX Health Check is in breach of a condition or warranty implied by the Trade Practices Act 1974, AIX Health Check'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.

GERMANY:

No 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.

INDIA:

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:

No 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.

ITALY:

Limitation of Liability (Section 5):

Unless otherwise provided by mandatory law, AIX Health Check is not liable for any damages which might arise.

NEW ZEALAND:

No Warranty (Section 4):

The following paragraph is added to this Section:

Although AIX Health Check specifies that there are no warranties, you 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 or services which AIX Health Check provides, if you require the goods and services for the purposes of a business as defined 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 AIX Health Check.