1. 4560_429.exe Driver
2. license.txt File Contents

license.txt Driver File Contents (4560_429.exe)

USER LICENSE AGREEMENT
FOR THE IBM® LTO® ULTRIUM®-TDX TAPE DRIVE FIRMWARE UPDATE AND 
LOG DUMP TOOL (THE "PROGRAM")

NOTICE:  PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE 
PROGRAM. IBM WILL ONLY LICENSE THIS PROGRAM TO YOU IF YOU FIRST 
ACCEPT THE TERMS OF THIS AGREEMENT.  BY USING THE PROGRAM, YOU 
AGREE TO ABIDE BY THESE TERMS AND APPLICABLE COPYRIGHT LAWS. IF 
YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, 
ACCESS, OR USE THE PROGRAM. IBM LIMITS YOUR ACCEPTANCE OF THE 
PROGRAM TO THE TERMS OF THIS AGREEMENT.
 
1.  LICENSE GRANT:

The Program is owned by International Business Machines Corporation or one of 
its subsidiaries (IBM) or IBM suppliers, and is copyrighted and licensed, not sold.  
IBM does not transfer title to this Program to you.  The terms of this Agreement apply 
to any additional copies of the Program that IBM authorizes you to make.  The term 
"Program" means the original program and all whole or partial copies of it, including 
portions merged with other programs.  A Program consists of machine-readable in-
structions and related license materials. Under this Agreement, IBM provides you with
a license to use the Program only.  IBM reserves the right to change or withdraw 
support for the Program at any time without prior notice. 

IBM grants you a revocable, nontransferable, nonexclusive, worldwide license to use
the Program solely in conjunction with IBM LTO Ultrium tape drives and to make and
install copies of the Program to support such use.

Your license to the Program terminates when you no longer rightfully possess an IBM 
LTO Ultrium tape drive.  Following termination of the license, you shall destroy the 
original and all copies of the Program in your possession, and certify such destruction
if requested to by IBM. 

This Agreement does not grant you any right or license to prepare Derivative Works 
of the Program.  A "Derivative Work" shall mean a work based on a preexisting work, 
including a compilation.  Nothing in this Agreement grants either party any rights or 
licenses under any patents or patent applications regardless of whether use and/or 
execution of the software licensed herein may be construed to practice one or more 
patents.

2.  RESPONSIBILITIES:

You agree to use the Program only in accordance with the license granted above.

You will not:
a) use, display, distribute, copy or modify the Program, except as set forth in this Agree-
    ment.
b) reverse compile, reverse assemble or reverse translate the Program;
c) sell, rent, lease, sublicense, assign or transfer the Program except as specifically set 
    forth in this agreement, unless explicitly permitted by law without the possibility of 
    contractual waiver.

3.  CONFIDENTIAL INFORMATION:

Any information which either party may disclose to the other party pursuant to this Agree-
ment shall be deemed to be not confidential.  If the parties require the exchange of con-
fidential information, such exchange will be made under a separate written confidentiality
agreement.

4.  LIMITATION OF LIABILITY:

IN NO EVENT SHALL IBM OR ITS SUPPLIERS BE LIABLE FOR COSTS OF PRO-
CUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS 
OF PROFITS OR REVENUE, LOSS OF GOODWILL OR ANTICIPATED SAVINGS, 
BUSINESS INTERRUPTION OR ANY SPECIAL, INCIDENTAL, INDIRECT, CON-
SEQUENTIAL, ECONOMIC, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF 
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING 
THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

You acknowledge that circumstances may arise where, because of a default on IBM's 
part or other liability, you may be entitled to recover damages.  Under any such cir-
cumstances, you agree that in each such instance, regardless of the basis on which you 
are entitled to claim damages, IBM shall be liable only up to an amount equal to five 
thousand U.S. dollars ($5,000). This limitation will not apply to claims relating to bodily 
injury (in-cluding death), and damage to real property and personal property.

5.   TERMINATION:

Termination for Cause.  In the event that you breach any term, in whole or in part, of this 
Agreement, IBM may terminate the license granted hereunder without notice to you.

6.   NO WARRANTY:  

THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS.  IBM MAKES NO REPRE-
SENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE
PROGRAM.  IBM DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  THE 
ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PROGRAM
REMAINS WITH YOU.

7.  GENERAL PROVISIONS:

Transfer.  You may transfer possession of the program and its media to another party
with the transfer of an IBM LTO ULTRIUM tape drive with which such Program is used.
If you do so, you must give the other party a copy of these terms, and such party must 
first agree to such terms before it uses the Program.

Severability.  If any provision of this Agreement is found to be illegal or unenforceable, 
the remainder of this Agreement shall continue in full force and effect provided that the
Agreement still effectuates the parties' original intent.

Governing Law and Jury Trial Waiver. This Agreement shall be governed by the laws
of the State of New York, excluding its conflict of law rules. Each party hereby agrees
to waive its rights to a trial by jury.

Modifications.  No modification to this Agreement, nor any waiver of any rights, shall be
effective unless agreed to in a writing that is executed by both parties, and the waiver
of any breach or default of this Agreement shall not constitute a waiver of any other right
or of any subsequent breach or default.

Limitations on Legal Actions.  Neither party will bring a legal action against the other in 
connection with this Agreement more than two (2) years after the cause of action arose. 
Both arties will act in good faith to resolve disputes. 

Order of Precedence.  In the event of a conflict in terms between this Agreement and
another agreement, the terms of this Agreement shall take precedence and prevail over
such other terms.

Entire Agreement. This Agreement constitutes the entire and exclusive agreement
between the parties with respect to this subject matter.  All previous discussions and
agreements with respect  to this subject matter are superseded by this Agreement.


LTO ® and Ultrium ® are registered trademarks of Certance Corporation,
Hewlett-Packard Corporation, and International Business Machines Corporation in the 
United  States, other countries, or both.

IBM ® is a registered trademark of International Business Machines Corporation in the 
United States, other countries, or both.