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Make your community more accessible and inclusive.
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    About

    The AccessibleWay app allows users to report the accessibility of their cities, constructing a crowdsourced knowledge base about the urban mobility challenges. The project goal is to identify accessibility needs aggregating the reports uploaded to the system, providing the information to institutions that help people with disabilities. This app was developed by the Human Systems' team of IBM Research Brazil as part of the IBM Citizen Sensing initiative.

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    Terms of Use

    LICENSED APPLICATION END USER LICENSE AGREEMENT

    The Products transacted through the Service are licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The licensor (“Application Provider”) reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application” and it is subject to the IBM Application Privacy Statement provided on item (b) below.

    a. Scope of License

    This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow You to use the Licensed Application on any iPod touch or iPhone that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

    b. IBM Application Privacy Statement

    This Application Privacy Statement (“Statement”) sets forth the privacy practices of IBM relating to information it may collect through this [name of app] application (the "App"). If the Statement does not reference collection practices regarding certain types of information, that information is not collected by IBM. You should read this Statement before downloading, accessing, or otherwise using the App. Downloading, accessing, or otherwise using the App indicates that you consent to the terms of this Statement. If you do not consent to the terms of this Statement, do not proceed to download, access, or otherwise use the App.

    If you provide personal information in downloading and/or registering for this App, such information will be handled, used, shared and retained by IBM as provided in the ibm.com privacy policy at http://www.ibm.com/privacy/us/en/?lnk=flg-priv-usen.

    In addition, the App collects the following information: any photo and data you input into the application during the report creation, and the location of your device and any related data provided by the GPS, magnetometer, and accelerometer sensors. IBM uses this information in the following way: to map the events reported, to obtain the location of reported events, to understand people movement and urban mobility, to identify correlation and causation among distinct events, to prioritize events, and to run other analytic tools and algorithms on top of the data to extract knowledge.

    IBM may share the information described above with third parties for the purposes of identifying the issues reported through the app, as well as statistics and analytics information about the past, current and future conditions (predictions) of any given region. IBM will retain and safeguard this information, as provided ibm.com privacy policy, which can be found at the above link. If you would not like to allow IBM to collect any of such information, you may stop using and uninstall the App.

    This Statement may be updated from time to time for any reason. We will notify you of any changes to this Statement by posting a new statement at http://accessibleway.com. By using this App, you consent to the processing of the information collected by this App as set forth in this Statement now or as amended.

    Consent to Use of Data: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You. In addition, You hereby consent to Application Provider’s collection of information from the device You are using, including without limitation, the location and movement of such device. Application Provider will only collect such de-identified location information in order to compile it for the analysis of people movement. You also consent to the disclosure of such information and analysis by Application Provider to third parties.

    Part 1 - General Terms

    BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, CLICKING ON AN "ACCEPT" BUTTON, OR OTHERWISE USING THE PROGRAM, LICENSEE AGREES TO THE TERMS OF THIS AGREEMENT WHICH INCLUDES THE PRIVACY STATEMENT FOR IBM APPLICATIONS and the terms of Use of Apache Programs (all version of Accessible Way v. 1.0 and former include programs that IBM obtained under the APACHE License Terms, v. 2.0, that, therefore, are applicable to the Licensee. The terms are at: www.apache.com). IN PARTICULAR, LICENSEE HEREBY AGREES TO THE COLLECTION OF:

    (i) Location and movement information provided by sensors embedded in the user's portable device; and, (ii) information provided by the user, including photo, filled forms and comments, through the application "Accessible Way" (collectively, (i) and (ii) "Licensee Content").

    THE USAGE OF THE INFORMATION DESCRIBED ABOVE IS SET FORTH BELOW IN THE LICENSE INFORMATION DOCUMENT.

    IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF LICENSEE, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND LICENSEE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, CLICK ON AN "ACCEPT" BUTTON, OR USE THE PROGRAM.

    1. Definitions

    "Authorized Use"
     - use of the Program on one smartphone device per Licensee.
    "IBM"
     - International Business Machines Corporation or one of its subsidiaries.
    "License Information" ("LI")
     - a document that provides information and any additional terms specific to a Program and is attached hereto.
    "Program"
     - the following, including the original and all whole or partial copies:
    1. machine-readable instructions and data,
    2. components, files, and modules,
    3. audio-visual content (such as images, text, recordings, or pictures), and
    4. related licensed materials (such as keys and documentation).

    2. Agreement Structure

    This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms (if any) and the LI and is the complete agreement between Licensee and IBM regarding the use of the Program. It replaces any prior oral or written communications between Licensee and IBM concerning Licensee's use of the Program. The terms of Part 2 may replace or modify those of Part 1. To the extent of any conflict, the LI prevails over both Parts.

    3. License Grant and Term

    The Program is owned by IBM or an IBM supplier, and is copyrighted and licensed, not sold.

    IBM grants Licensee a nonexclusive license to 1) use the Program up to the Authorized Use; provided that

    1. Licensee has lawfully obtained the Program and complies with the terms of this Agreement; and
    2. Licensee does not
      1. use, copy, modify, or distribute the Program except as expressly permitted in this Agreement;
      2. reverse assemble, reverse compile, otherwise translate, or reverse engineer the Program, except as expressly permitted by law without the possibility of contractual waiver;
      3. use any of the Program's components, files, modules, audio-visual content, or related licensed materials separately from that Program; or
      4. sublicense, rent, or lease the Program.

    When Licensee obtains an update, fix, or patch to a Program, Licensee may accept any additional or different terms that are applicable to such update, fix, or patch that are specified in its LI. If no additional or different terms are provided, then the update, fix, or patch is subject solely to this Agreement. If the Program is replaced by an update, Licensee agrees to promptly discontinue use of the replaced Program.

    This Agreement is effective until December 31, 2014. Notwithstanding the foregoing, IBM may terminate Licensee's license at any time by discontinuing the provision of information provided through the Program.

    If the license is terminated for any reason by either party, Licensee agrees to promptly discontinue use of and destroy all of Licensee's copies of the Program. Any terms of this Agreement that by their nature extend beyond termination of this Agreement remain in effect until fulfilled, and apply to both parties' respective successors and assignees.

    4. No Warranties

    SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AND ANY WARRANTY OR CONDITION OF NON-INFRINGEMENT.

    SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM PERIOD REQUIRED BY LAW. NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. LICENSEE MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

    THE DISCLAIMERS AND EXCLUSIONS IN THIS SECTION 4 ALSO APPLY TO ANY OF IBM'S PROGRAM DEVELOPERS AND SUPPLIERS.

    IBM DOES NOT PROVIDE SUPPORT OF ANY KIND, UNLESS IBM SPECIFIES OTHERWISE. IN SUCH EVENT, ANY SUPPORT PROVIDED BY IBM IS SUBJECT TO THE DISCLAIMERS AND EXCLUSIONS IN THIS SECTION 4.

    5. Limitation of Liability

    The limitations and exclusions in this Section 5 (Limitation of Liability) apply to the full extent they are not prohibited by applicable law without the possibility of contractual waiver.

    5.1 Items for Which IBM May Be Liable

    Circumstances may arise where, because of a default on IBM's part or other liability, Licensee is entitled to recover damages from IBM. Regardless of the basis on which Licensee is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM's entire liability for all claims in the aggregate arising from or related to each Program or otherwise arising under this Agreement will not exceed the amount of any

    1. damages for bodily injury (including death) and damage to real property and tangible personal property and
    2. other actual direct damages up to Five Hundred Dollars (US $500).

    This limit also applies to any of IBM's Program developers and suppliers. It is the maximum for which IBM and its Program developers and suppliers are collectively responsible.

    5.2 Items for Which IBM Is Not Liable

    UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:

    1. LOSS OF, OR DAMAGE TO, DATA;
    2. SPECIAL, INCIDENTAL, EXEMPLARY, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR,
    3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.

    6. Third Party Notices

    The Program may include third party code that IBM, not the third party, licenses to Licensee under this Agreement. Notices, if any, for the third party code ("Third Party Notices") are included for Licensee's information only. These notices can be found in the Program's NOTICES file(s). Information on how to obtain source code for certain third party code can be found in the Third Party Notices. If in the Third Party Notices IBM identifies third party code as "Modifiable Third Party Code," IBM authorizes Licensee to

    1. modify the Modifiable Third Party Code and
    2. reverse engineer the Program modules that directly interface with the Modifiable Third Party Code provided that it is only for the purpose of debugging Licensee's modifications to such third party code. IBM's service and support obligations, if any, apply only to the unmodified Program.

    7. General

    1. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
    2. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.
    3. Licensee agrees to comply with all applicable export and import laws and regulations, including U.S. embargo and sanctions regulations and prohibitions on export for certain end uses or to certain users.
    4. Unless otherwise required by applicable law without the possibility of contractual waiver or limitation:
      1. neither party will bring a legal action, regardless of form, for any claim arising out of or related to this Agreement more than two years after the cause of action arose; and
      2. upon the expiration of such time limit, any such claim and all respective rights related to the claim lapse.
    5. Neither Licensee nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control.
    6. No right or cause of action for any third party is created by this Agreement, nor is IBM responsible for any third party claims against Licensee, except as permitted in Subsection 5.1 (Items for Which IBM May Be Liable) above for bodily injury (including death) or damage to real or tangible personal property for which IBM is legally liable to that third party.
    7. Both parties agree that all information exchanged is nonconfidential. If either party requires the exchange of confidential information, it will be made under a signed confidentiality agreement.

    8. Geographic Scope and Governing Law

    8.1 Governing Law

    Both parties agree to the application of the laws of the State of New York, United States of America, in which Licensee obtained the Program license to govern, interpret, and enforce all of Licensee's and IBM's respective rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without regard to conflict of law principles.

    The United Nations Convention on Contracts for the International Sale of Goods does not apply.

    8.2 Jurisdiction

    All rights, duties, and obligations are subject to the courts of State of New York. USA.

    Part 2 - Country-unique Terms

    For licenses granted in the countries specified below, the following terms replace or modify the referenced terms in Part 1. All terms in Part 1 that are not changed by these amendments remain unchanged and in effect. This Part 2 is organized as follows:

    • Multiple country amendments to Part 1, Section 8 (Governing Law and Jurisdiction);
    • Americas country amendments to other Agreement terms;
    • Asia Pacific country amendments to other Agreement terms; and
    • Europe, Middle East, and Africa country amendments to other Agreement terms.

    Multiple country amendments to Part 1, Section 8 (Governing Law and Jurisdiction)

    8.1 Governing Law

    The phrase "the laws of the country in which Licensee obtained the Program license" in the first paragraph of 8.1 Governing Law is replaced by the following phrases in the countries below:

    AMERICAS
    (1) In Canada: the laws in the Province of Ontario; (2) in Mexico: the federal laws of the Republic of Mexico; (3) in the United States, Anguilla, Antigua/Barbuda, Aruba, British Virgin Islands, Cayman Islands, Dominica, Grenada, Guyana, Saint Kitts and Nevis, Saint Lucia, Saint Maarten, and Saint Vincent and the Grenadines: the laws of the State of New York, United States; (4) in Venezuela: the laws of the Bolivarian Republic of Venezuela;
    ASIA PACIFIC
    (5) in Cambodia and Laos: the laws of the State of New York, United States; (6) in Australia: the laws of the State or Territory in which the transaction is performed; (7) in Hong Kong SAR and Macau SAR: the laws of Hong Kong Special Administrative Region ("SAR"); (8) in Taiwan: the laws of Taiwan;
    EUROPE, MIDDLE EAST, AND AFRICA
    (9) in Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Former Yugoslav Republic of Macedonia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan: the laws of Austria; (10) in Algeria, Andorra, Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis and Futuna: the laws of France; (11) in Estonia, Latvia, and Lithuania: the laws of Finland; (12) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome and Principe, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe: the laws of England; and (13) in South Africa, Namibia, Lesotho, and Swaziland: the laws of the Republic of South Africa.

    8.2 Jurisdiction

    The following paragraph pertains to jurisdiction and replaces Subsection 8.2 (Jurisdiction) as it applies for those countries identified below:

    All rights, duties, and obligations are subject to the courts of the country in which Licensee obtained the Program license except that in the countries identified below all disputes arising out of or related to this Agreement, including summary proceedings, will be brought before and subject to the exclusive jurisdiction of the following courts of competent jurisdiction:

    AMERICAS

    (1) In Argentina: the Ordinary Commercial Court of the city of Buenos Aires,

    (2) in Brazil: the court of Rio de Janeiro, RJ;

    (3) in Chile: the Civil Courts of Justice of Santiago;

    (4) in Ecuador: the civil judges of Quito for executory or summary proceedings (as applicable);

    (5) in Mexico: the courts located in Mexico City, Federal District;

    (6) in Peru: the judges and tribunals of the judicial district of Lima, Cercado;

    (7) in Uruguay: the courts of the city of Montevideo;

    (8) in Venezuela: the courts of the metropolitan area of the city of Caracas;

    EUROPE, MIDDLE EAST, AND AFRICA

    (9) in Austria: the court of law in Vienna, Austria (Inner-City);

    (10) in Algeria, Andorra, Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea, France, French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte, Monaco, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis and Futuna: the Commercial Court of Paris;

    (11) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome and Principe, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe: the English courts;

    (12) in South Africa, Namibia, Lesotho, and Swaziland: the High Court in Johannesburg;

    (13) in Greece: the competent court of Athens;

    (14) in Israel: the courts of Tel Aviv-Jaffa;

    (15) in Italy: the courts of Milan;

    (16) in Portugal: the courts of Lisbon;

    (17) in Spain: the courts of Madrid; and

    (18) in Turkey: the Istanbul Central Courts and Execution Directorates of Istanbul, the Republic of Turkey.

    8.3 Arbitration

    The following paragraph is added as a new Subsection 8.3 (Arbitration) as it applies for those countries identified below. The provisions of this Subsection 8.3 prevail over those of Subsection 8.2 (Jurisdiction) to the extent permitted by the applicable governing law and rules of procedure:

    ASIA PACIFIC

    (1) In Cambodia, India, Indonesia, Laos, Philippines, and Vietnam:

    Disputes arising out of or in connection with this Agreement will be finally settled by arbitration which will be held in Singapore in accordance with the Arbitration Rules of Singapore International Arbitration Center ("SIAC Rules") then in effect. The arbitration award will be final and binding for the parties without appeal and will be in writing and set forth the findings of fact and the conclusions of law.

    The number of arbitrators will be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties will appoint a third arbitrator who will act as chairman of the proceedings. Vacancies in the post of chairman will be filled by the president of the SIAC. Other vacancies will be filled by the respective nominating party. Proceedings will continue from the stage they were at when the vacancy occurred.

    If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the first appointed arbitrator will be the sole arbitrator, provided that the arbitrator was validly and properly appointed. All proceedings will be conducted, including all documents presented in such proceedings, in the English language. The English language version of this Agreement prevails over any other language version.

    (2) In the People's Republic of China:

    In case no settlement can be reached, the disputes will be submitted to China International Economic and Trade Arbitration Commission for arbitration according to the then effective rules of the said Arbitration Commission. The arbitration will take place in Beijing and be conducted in Chinese. The arbitration award will be final and binding on both parties. During the course of arbitration, this agreement will continue to be performed except for the part which the parties are disputing and which is undergoing arbitration.

    EUROPE, MIDDLE EAST, AND AFRICA

    (3) In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Former Yugoslav Republic of Macedonia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan:

    All disputes arising out of this Agreement or related to its violation, termination or nullity will be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Center of the Federal Economic Chamber in Vienna (Vienna Rules) by three arbitrators appointed in accordance with these rules. The arbitration will be held in Vienna, Austria, and the official language of the proceedings will be English. The decision of the arbitrators will be final and binding upon both parties. Therefore, pursuant to paragraph 598 (2) of the Austrian Code of Civil Procedure, the parties expressly waive the application of paragraph 595 (1) figure 7 of the Code. IBM may, however, institute proceedings in a competent court in the country of installation.

    (4) In Estonia, Latvia, and Lithuania:

    All disputes arising in connection with this Agreement will be finally settled in arbitration that will be held in Helsinki, Finland in accordance with the arbitration laws of Finland then in effect. Each party will appoint one arbitrator. The arbitrators will then jointly appoint the chairman. If arbitrators cannot agree on the chairman, then the Central Chamber of Commerce in Helsinki will appoint the chairman.

    AMERICAS COUNTRY AMENDMENTS

    CANADA

    5.1 Items for Which IBM May Be Liable - The following replaces Item 1 in the first paragraph of this Subsection 5.1 (Items for Which IBM May Be Liable):

    1) damages for bodily injury (including death) and physical harm to real property and tangible personal property caused by IBM's negligence; and

    7. General

    The following replaces Item 7.c: Licensee agrees to comply with all applicable export and import laws and regulations, including those of that apply to goods of United States origin and that prohibit or limit export for certain uses or to certain users.

    The following replaces Item 7.f: No right or cause of action for any third party is created by this Agreement or any transaction under it, nor is IBM responsible for any third party claims against Licensee except as permitted by the Limitation of Liability section above for bodily injury (including death) or physical harm to real or tangible personal property caused by IBM's negligence for which IBM is legally liable to that third party.

    The following is added as Item 7.h : For purposes of this Item 7.h, "Personal Data" refers to information relating to an identified or identifiable individual made available by one of the parties, its personnel or any other individual to the other in connection with this Agreement. The following provisions apply in the event that one party makes Personal Data available to the other:

    (1) General

    (a) Each party is responsible for complying with any obligations applying to it under applicable Canadian data privacy laws and regulations ("Laws").

    (b) Neither party will request Personal Data beyond what is necessary to fulfill the purpose(s) for which it is requested. The purpose(s) for requesting Personal Data must be reasonable. Each party will agree in advance as to the type of Personal Data that is required to be made available.

    (2) Security Safeguards

    (a) Each party acknowledges that it is solely responsible for determining and communicating to the other the appropriate technological, physical and organizational security measures required to protect Personal Data.

    (b) Each party will ensure that Personal Data is protected in accordance with the security safeguards communicated and agreed to by the other.

    (c) Each party will ensure that any third party to whom Personal Data is transferred is bound by the applicable terms of this section.

    (d) Additional or different services required to comply with the Laws will be deemed a request for new services.

    (3) Use

    Each party agrees that Personal Data will only be used, accessed, managed, transferred, disclosed to third parties or otherwise processed to fulfill the purpose(s) for which it was made available.

    (4) Access Requests

    (a) Each party agrees to reasonably cooperate with the other in connection with requests to access or amend Personal Data.

    (b) Each party agrees to reimburse the other for any reasonable charges incurred in providing each other assistance.

    (c) Each party agrees to amend Personal Data only upon receiving instructions to do so from the other party or its personnel.

    (5) Retention

    Each party will promptly return to the other or destroy all Personal Data that is no longer necessary to fulfill the purpose(s) for which it was made available, unless otherwise instructed by the other or its personnel or required by law.

    (6) Public Bodies Who Are Subject to Public Sector Privacy Legislation

    For Licensees who are public bodies subject to public sector privacy legislation, this Item 7.h applies only to Personal Data made available to Licensee in connection with this Agreement, and the obligations in this section apply only to Licensee, except that: 1) section (2)(a) applies only to IBM; 2) sections (1)(a) and (4)(a) apply to both parties; and 3) section (4)(b) and the last sentence in (1)(b) do not apply.

    PERU

    5. Limitation of Liability

    The following is added to the end of this Section 5 (Limitation of Liability): Except as expressly required by law without the possibility of contractual waiver, Licensee and IBM intend that the limitation of liability in this Limitation of Liability section applies to damages caused by all types of claims and causes of action. If any limitation on or exclusion from liability in this section is held by a court of competent jurisdiction to be unenforceable with respect to a particular claim or cause of action, the parties intend that it nonetheless apply to the maximum extent permitted by applicable law to all other claims and causes of action.

    5.1 Items for Which IBM May Be Liable

    The following is added to the end of this Subsection 5.1: In accordance with Article 1328 of the Peruvian Civil Code, the limitations and exclusions specified in this section will not apply to damages caused by IBM's willful misconduct ("dolo") or gross negligence ("culpa inexcusable").

    7. General

    The following is added to Section 7 as Item 7.h: U.S. Government Users Restricted Rights - Use, duplication or disclosure is restricted by the GSA IT Schedule 70 Contract with the IBM Corporation.

    The following is added to Item 8.1: Each party waives any right to a jury trial in any proceeding arising out of or related to this Agreement.

    ASIA PACIFIC COUNTRY AMENDMENTS

    4. No Warranties

    The following is added to the first paragraph of Section 4 (No Warranties): Although IBM specifies that there are no warranties Licensee 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.

    5.1 Items for Which IBM May Be Liable - The following is added to Subsection 5.1 (Items for Which IBM Maybe Liable): Where IBM is in breach of a condition or warranty implied by the Trade Practices Act 1974, IBM'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 obtained for personal, domestic or household use or consumption, then none of the limitations in this paragraph apply.

    HONG KONG SAR, MACAU SAR, AND TAIWAN

    As applies to licenses obtained in Taiwan and the special administrative regions, phrases throughout this Agreement containing the word "country" (for example, "the country in which the original Licensee was granted the license" and "the country in which Licensee obtained the Program license") are replaced with the following:

    (1) In Hong Kong SAR: "Hong Kong SAR"

    (2) In Macau SAR: "Macau SAR" except in the Governing Law clause (Section 8.1)

    (3) In Taiwan: "Taiwan."

    INDIA

    5.1 Items for Which IBM May Be Liable - The following replaces the terms of Items 1 and 2 of the first paragraph: 1) liability for bodily injury (including death) or damage to real property and tangible personal property will be limited to that caused by IBM's negligence; and 2) as to any other actual damage arising in any situation involving nonperformance by IBM pursuant to, or in any way related to the subject of this Agreement, IBM's liability will be limited to the charge paid by Licensee for the individual Program that is the subject of the claim.

    7. General

    The following replaces the terms of Item 7.d: If no suit or other legal action is brought, within three 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.

    INDONESIA

    Section 3 - The following is added to the last paragraph: Both parties waive the provision of article 1266 of the Indonesian Civil Code, to the extent the article provision requires such court decree for the termination of an agreement creating mutual obligations.

    JAPAN

    7. General

    The following is inserted as Item 7.1: Any doubts concerning this Agreement will be initially resolved between us in good faith and in accordance with the principle of mutual trust.

    MALAYSIA

    5.2 Items for Which IBM Is Not Liable - The word "SPECIAL" in Item 5.2b is deleted.

    NEW ZEALAND

    4. No Warranties

    The following is added to the first paragraph of this Section 4 (No Warranties): Although IBM specifies that there are no warranties Licensee 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 which IBM provides, if Licensee requires the goods for the purposes of a business as defined in that Act.

    5. Limitation of Liability

    The following is added:

    Where Programs are not obtained for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act.

    PHILIPPINES

    5.2 Items for Which IBM Is Not Liable

    The following replaces the terms of Item 5.2b: special (including nominal and exemplary damages), moral, incidental, or indirect damages or for any economic consequential damages; or

    SINGAPORE

    5.2 Items for Which IBM Is Not Liable

    The words "SPECIAL" and "ECONOMIC" are deleted from Item 5.2b.

    7. General

    The following replaces the terms of Item 7.f: Subject to the rights provided to IBM's suppliers and Program developers as provided in Section 5 above (Limitation of Liability), a person who is not a party to this Agreement will have no right under the Contracts (Right of Third Parties) Act to enforce any of its terms.

    EUROPE, MIDDLE EAST, AFRICA (EMEA) COUNTRY AMENDMENTS
    EUROPEAN UNION MEMBER STATES

    4. No Warranties

    The following is added to Section 4 (No Warranties): In the European Union ("EU"), consumers have legal rights under applicable national legislation governing the sale of consumer goods. Such rights are not affected by the provisions set out in this Section 4 (No Warranties).

    AUSTRIA

    5. Limitation of Liability

    The following is added:

    The following limitations and exclusions of IBM's liability do not apply for damages caused by gross negligence or willful misconduct.

    5.1 s for Which IBM May Be Liable

    The following replaces the first sentence in the first paragraph:

    Circumstances may arise where, because of a default by IBM in the performance of its obligations under this Agreement or other liability, Licensee is entitled to recover damages from IBM.

    In the second sentence of the first paragraph, delete entirely the parenthetical phrase: "(including fundamenta breach, negligence, misrepresentation, or other contract or tort claim)".

    5.2 Items for Which IBM Is Not Liable

    The following replaces Item 5.2b: indirect damages or consequential damages; or

    BELGIUM, FRANCE, ITALY, AND LUXEMBOURG

    5. Limitation of Liability

    The following replaces the terms of Section 5 (Limitation of Liability) in its entirety:

    Except as otherwise provided by mandatory law:

    5.1 Items for Which IBM May Be Liable

    IBM's entire liability for all claims in the aggregate for any damages and losses that may arise as a consequence of the fulfillment of its obligations under or in connection with this Agreement or due to any other cause related to this Agreement is limited to the compensation of only those damages and losses proved and actually arising as an immediate and direct consequence of the non-fulfillment of such obligations (if IBM is at fault) or of such cause, for a maximum amount equal to the charges (if the Program is subject to fixed term charges, up to twelve months' charges) Licensee paid for the Program that has caused the damages.

    The above limitation will not apply to damages for bodily injuries (including death) and damages to real property and tangible personal property for which IBM is legally liable.

    5.2 Items for Which IBM Is Not Liable

    UNDER NO CIRCUMSTANCES IS IBM OR ANY OF ITS PROGRAM DEVELOPERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL, EXEMPLARY OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; AND / OR 3) LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES.

    5.3 Suppliers and Program Developers

    The limitation and exclusion of liability herein agreed applies not only to the activities performed by IBM but also to the activities performed by its suppliers and Program developers, and represents the maximum amount for which IBM as well as its suppliers and Program developers are collectively responsible.

    GERMANY

    5. Limitation of Liability

    The following replaces this Section 5 (Limitation of Liability) in its entirety:

    a. IBM will be liable without limit for 1) loss or damage caused by a breach of an express guarantee; 2) damages or losses resulting in bodily injury (including death); and 3) damages caused intentionally or by gross negligence.

    b. In the event of loss, damage and frustrated expenditures caused by slight negligence or in breach of essential contractual obligations, IBM will be liable, regardless of the basis on which Licensee is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), per claim only up to the greater of 500,000 euro or the charges (if the Program is subject to fixed term charges, up to 12 months' charges) Licensee paid for the Program that caused the loss or damage. A number of defaults which together result in, or contribute to, substantially the same loss or damage will be treated as one default.

    c. In the event of loss, damage and frustrated expenditures caused by slight negligence, IBM will not be liable for indirect or consequential damages, even if IBM was informed about the possibility of such loss or damage.

    d. In case of delay on IBM's part: 1) IBM will pay to Licensee an amount not exceeding the loss or damage caused by IBM's delay and 2) IBM will be liable only in respect of the resulting damages that Licensee suffers, subject to the provisions of Items a and b above.

    7. General

    The following replaces the provisions of 7.d: Any claims resulting from this Agreement are subject to a limitation period of three years, except as stated in Section 4 (No Warranties) of this Agreement.

    The following replaces the provisions of 7.f: No right or cause of action for any third party is created by this Agreement, nor is IBM responsible for any third party claims against Licensee, except (to the extent permitted in Section 5 (Limitation of Liability)) for: i) bodily injury (including death); or ii) damage to real or tangible personal property for which (in either case) IBM is legally liable to that third party.

    IRELAND

    4. No Warranties

    The following paragraph is added to the second paragraph of this Section 4 (No Warranties): Except as expressly provided in these terms and conditions, or Section 12 of the Sale of Goods Act 1893 as amended by the Sale of Goods and Supply of Services Act, 1980 (the "1980 Act"), all conditions or warranties (express or implied, statutory or otherwise) are hereby excluded including, without limitation, any warranties implied by the Sale of Goods Act 1893 as amended by the 1980 Act (including, for the avoidance of doubt, Section 39 of the 1980 Act).

    IRELAND AND UNITED KINGDOM

    2. Agreement Structure

    The following sentence is added: Nothing in this paragraph shall have the effect of excluding or limiting liability for fraud.

    5.1 Items for Which IBM May Be Liable

    The following replaces the first paragraph of the Subsection:

    For the purposes of this section, a "Default" means any act, statement, omission or negligence on the part of IBM in connection with, or in relation to, the subject matter of an Agreement in respect of which IBM is legally liable to Licensee, whether in contract or in tort. A number of Defaults which together result in, or contribute to, substantially the same loss or damage will be treated as one Default.

    Circumstances may arise where, because of a Default by IBM in the performance of its obligations under this Agreement or other liability, Licensee is entitled to recover damages from IBM. Regardless of the basis on which Licensee is entitled to claim damages from IBM and except as expressly required by law without the possibility of contractual waiver, IBM's entire liability for any one Default will not exceed the amount of any direct damages, to the extent actually suffered by Licensee as an immediate and direct consequence of the Default, up to the greater of (1) 500,000 euro (or the equivalent in local currency) or (2) 125% of the charges (if the Program is subject to fixed term charges, up to 12 months' charges) for the Program that is the subject of the claim. Notwithstanding the foregoing, the amount of any damages for bodily injury (including death) and damage to real property and tangible personal property for which IBM is legally liable is not subject to such limitation.

    5.2 Items for Which IBM Is Not Liable - The following replaces Items 5.2b and 5.2c:

    b. special, incidental, exemplary, or indirect damages or consequential damages; or

    c. wasted management time or lost profits, business, revenue, goodwill, or anticipated savings.

    LICENSE INFORMATION

    The Programs listed below are licensed under the following terms and conditions in addition to those of the International License Agreement for Non-Warranted Programs.

    Program Name: Acessible Way

    Program-unique Terms:n/a

    The Program and its contents, such as text, images, and other material displayed or provided through the Program ("Program Content") are for informational purposes only. The Program Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. IBM does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned through the Program. Reliance on any information provided through the Program is solely at your own risk.

    Licensee is responsible for all Licensee Content that Licensee provides through the Program. Licensee will not provide Licensee Content about any person other than the Licensee. All Licensee Content will be non-confidential. Licensee agrees to indemnify and hold IBM harmless from all damages, liabilities, costs and expenses, including attorneys' fees, incurred by IBM as a result of any claim, proceeding or judgment arising out of Licensee's use of the Program or the results, submission of Licensee Content, or out of IBM's exercise of the license granted to IBM herein, including without limitation, IBM's disclosure, copying, distribution, display, performance, or preparation of derivative works of the Licensee Content. By entering into this Agreement, Licensee hereby grants IBM a perpetual, fee-and royalty-free, worldwide and irrevocable license under all intellectual property rights (including copyright) for Licensee Content. This license includes without limitation the right to prepare derivative works of, and to use, copy, distribute, sublicense, display, and perform any Licensee Content and derivative works thereof, including but not limited to arrangements, visualizations, and selections of Licensee Content, and feedback and suggestions Licensee provides to IBM. Licensee must not provide Licensee Content that infringes upon the rights of any third party, including without limitation copyright, trademark, privacy, publicity or other personal or proprietary right. In addition, Licensee must not provide Content that is deceptive or fraudulent or otherwise violates any laws.

    Licensee consents to IBM's collection of information from Licensee's mobile device, including without limitation, to photos, filled forms, the location and movement of the device. IBM will collect location information provided by sensors embedded in the user's portable device. This information will be used in the identification of, but not limited to, accessibility issues in the regions where the Application is used, making the information provided by the users available to whom may be concerned, and to whom IBM judge adequate, through a website that allows information visualization (geolocated) and through APIs. The information may also be used in the identification of causal relation among reported events, prioritization and planning, and other analytic processes. This information may be shared by IBM with third parties for such purpose; provided that such information will only be shared with such third parties on an aggregated basis. The Licensee Content may also be used in sales presentation, customer demonstrations and publications on an aggregate basis. IBM shall have a perpetual right to use the Licensee Content for such purposes.

    SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE INFORMATION PROVIDED BY THE PROGRAM OR OTHERWISE BY IBM, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AND ANY WARRANTY OR CONDITION OF NON-INFRINGEMENT. IBM MAKES NO GUARANTEE AS TO THE ACCURACY OF INFORMATION PROVIDED BY OR THROUGH THE PROGRAM TO LICENSEE. The provisions of this paragraph do not apply to the extent they are held to be invalid or unenforceable under the law that governs this license.

    IBM for Application Privacy Statement

    This Application Privacy Statement ("Statement") sets forth the privacy practices of IBM relating to information it may collect through this [name of app] application (the "App"). If the Statement does not reference collection practices regarding certain types of information, that information is not collected by IBM. You should read this Statement before downloading, accessing, or otherwise using the App. Downloading, accessing, or otherwise using the App indicates that you consent to the terms of this Statement. If you do not consent to the terms of this Statement, do not proceed to download, access, or otherwise use the App.

    Please keep in mind that you may not be able to use some of the features offered by the App unless you provide such information. If you provide personal information in downloading and/or registering for this App, such information will be handled, used, shared and retained by IBM as provided in the ibm.com privacy policy at http://www.ibm.com/privacy/us/en/. In addition, the App collects the following information automatically: the type of mobile device you use, location and movement of the device, photos, filled forms by the users, and IBM uses this information in the to identify accessibility issues in the regions where the user uses the App. IBM may share information described above with third parties for the purposes of analyzing accessibility issues. IBM will retain and safeguard this information, as provided ibm.com privacy policy, which can be found at the above link.

    You may opt-out of all collection by IBM by uninstalling this App from your mobile device. This will stop all collection of information by IBM through the App.

    This Statement may be updated from time to time for any reason. We will notify you of any changes to this Statement by posting a new statement at http://www.accessibleway.org. By using this App, you consent to the processing of the information collected by this App as set forth in this Statement now or as amended.


    ----------------------------------------------------------


    International License Agreement for Non-Warranted Programs

    Part 1 - General Terms

    BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, CLICKING ON AN "ACCEPT" BUTTON, OR OTHERWISE USING THE PROGRAM, LICENSEE AGREES TO THE TERMS OF THIS AGREEMENT WHICH INCLUDES THE PRIVACY STATEMENT FOR IBM APPLICATIONS and the terms of Use of Apache Programs (all version of Accessible Way v. 1.0 and former include programs that IBM obtained under the APACHE License Terms, v. 2.0, that, therefore, are applicable to the Licensee. The terms are at: www.apache.com). IN PARTICULAR, LICENSEE HEREBY AGREES TO THE COLLECTION OF:

    (i) Location and movement information provided by sensors embedded in the user's portable device; and, (ii) information provided by the user, including photo, filled forms and comments, through the application "Accessible Way" (collectively, (i) and (ii) "Licensee Content").

    THE USAGE OF THE INFORMATION DESCRIBED ABOVE IS SET FORTH BELOW IN THE LICENSE INFORMATION DOCUMENT.

    IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF LICENSEE, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND LICENSEE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, CLICK ON AN "ACCEPT" BUTTON, OR USE THE PROGRAM.

    1. Definitions

    "Authorized Use"
     - use of the Program on one smartphone device per Licensee.
    "IBM"
     - International Business Machines Corporation or one of its subsidiaries.
    "License Information" ("LI")
     - a document that provides information and any additional terms specific to a Program and is attached hereto.
    "Program"
     - the following, including the original and all whole or partial copies:
    1. machine-readable instructions and data,
    2. components, files, and modules,
    3. audio-visual content (such as images, text, recordings, or pictures), and
    4. related licensed materials (such as keys and documentation).

    2. Agreement Structure

    This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms (if any) and the LI and is the complete agreement between Licensee and IBM regarding the use of the Program. It replaces any prior oral or written communications between Licensee and IBM concerning Licensee's use of the Program. The terms of Part 2 may replace or modify those of Part 1. To the extent of any conflict, the LI prevails over both Parts.

    3. License Grant and Term

    The Program is owned by IBM or an IBM supplier, and is copyrighted and licensed, not sold.

    IBM grants Licensee a nonexclusive license to 1) use the Program up to the Authorized Use; provided that

    1. Licensee has lawfully obtained the Program and complies with the terms of this Agreement; and
    2. Licensee does not
      1. use, copy, modify, or distribute the Program except as expressly permitted in this Agreement;
      2. reverse assemble, reverse compile, otherwise translate, or reverse engineer the Program, except as expressly permitted by law without the possibility of contractual waiver;
      3. use any of the Program's components, files, modules, audio-visual content, or related licensed materials separately from that Program; or
      4. sublicense, rent, or lease the Program.

    When Licensee obtains an update, fix, or patch to a Program, Licensee may accept any additional or different terms that are applicable to such update, fix, or patch that are specified in its LI. If no additional or different terms are provided, then the update, fix, or patch is subject solely to this Agreement. If the Program is replaced by an update, Licensee agrees to promptly discontinue use of the replaced Program.

    This Agreement is effective until December 31, 2014. Notwithstanding the foregoing, IBM may terminate Licensee's license at any time by discontinuing the provision of information provided through the Program.

    If the license is terminated for any reason by either party, Licensee agrees to promptly discontinue use of and destroy all of Licensee's copies of the Program. Any terms of this Agreement that by their nature extend beyond termination of this Agreement remain in effect until fulfilled, and apply to both parties' respective successors and assignees.

    4. No Warranties

    SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AND ANY WARRANTY OR CONDITION OF NON-INFRINGEMENT.

    SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM PERIOD REQUIRED BY LAW. NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. LICENSEE MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

    THE DISCLAIMERS AND EXCLUSIONS IN THIS SECTION 4 ALSO APPLY TO ANY OF IBM'S PROGRAM DEVELOPERS AND SUPPLIERS.

    IBM DOES NOT PROVIDE SUPPORT OF ANY KIND, UNLESS IBM SPECIFIES OTHERWISE. IN SUCH EVENT, ANY SUPPORT PROVIDED BY IBM IS SUBJECT TO THE DISCLAIMERS AND EXCLUSIONS IN THIS SECTION 4.

    5. Limitation of Liability

    The limitations and exclusions in this Section 5 (Limitation of Liability) apply to the full extent they are not prohibited by applicable law without the possibility of contractual waiver.

    5.1 Items for Which IBM May Be Liable

    Circumstances may arise where, because of a default on IBM's part or other liability, Licensee is entitled to recover damages from IBM. Regardless of the basis on which Licensee is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM's entire liability for all claims in the aggregate arising from or related to each Program or otherwise arising under this Agreement will not exceed the amount of any

    1. damages for bodily injury (including death) and damage to real property and tangible personal property and
    2. other actual direct damages up to Five Hundred Dollars (US $500).

    This limit also applies to any of IBM's Program developers and suppliers. It is the maximum for which IBM and its Program developers and suppliers are collectively responsible.

    5.2 Items for Which IBM Is Not Liable

    UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:

    1. LOSS OF, OR DAMAGE TO, DATA;
    2. SPECIAL, INCIDENTAL, EXEMPLARY, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR,
    3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.

    6. Third Party Notices

    The Program may include third party code that IBM, not the third party, licenses to Licensee under this Agreement. Notices, if any, for the third party code ("Third Party Notices") are included for Licensee's information only. These notices can be found in the Program's NOTICES file(s). Information on how to obtain source code for certain third party code can be found in the Third Party Notices. If in the Third Party Notices IBM identifies third party code as "Modifiable Third Party Code," IBM authorizes Licensee to

    1. modify the Modifiable Third Party Code and
    2. reverse engineer the Program modules that directly interface with the Modifiable Third Party Code provided that it is only for the purpose of debugging Licensee's modifications to such third party code. IBM's service and support obligations, if any, apply only to the unmodified Program.

    7. General

    1. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
    2. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.
    3. Licensee agrees to comply with all applicable export and import laws and regulations, including U.S. embargo and sanctions regulations and prohibitions on export for certain end uses or to certain users.
    4. Unless otherwise required by applicable law without the possibility of contractual waiver or limitation:
      1. neither party will bring a legal action, regardless of form, for any claim arising out of or related to this Agreement more than two years after the cause of action arose; and
      2. upon the expiration of such time limit, any such claim and all respective rights related to the claim lapse.
    5. Neither Licensee nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control.
    6. No right or cause of action for any third party is created by this Agreement, nor is IBM responsible for any third party claims against Licensee, except as permitted in Subsection 5.1 (Items for Which IBM May Be Liable) above for bodily injury (including death) or damage to real or tangible personal property for which IBM is legally liable to that third party.
    7. Both parties agree that all information exchanged is nonconfidential. If either party requires the exchange of confidential information, it will be made under a signed confidentiality agreement.

    8. Geographic Scope and Governing Law

    8.1 Governing Law

    Both parties agree to the application of the laws of the State of New York, United States of America, in which Licensee obtained the Program license to govern, interpret, and enforce all of Licensee's and IBM's respective rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without regard to conflict of law principles.

    The United Nations Convention on Contracts for the International Sale of Goods does not apply.

    8.2 Jurisdiction

    All rights, duties, and obligations are subject to the courts of State of New York. USA.

    Part 2 - Country-unique Terms

    For licenses granted in the countries specified below, the following terms replace or modify the referenced terms in Part 1. All terms in Part 1 that are not changed by these amendments remain unchanged and in effect. This Part 2 is organized as follows:

    • Multiple country amendments to Part 1, Section 8 (Governing Law and Jurisdiction);
    • Americas country amendments to other Agreement terms;
    • Asia Pacific country amendments to other Agreement terms; and
    • Europe, Middle East, and Africa country amendments to other Agreement terms.

    Multiple country amendments to Part 1, Section 8 (Governing Law and Jurisdiction)

    8.1 Governing Law

    The phrase "the laws of the country in which Licensee obtained the Program license" in the first paragraph of 8.1 Governing Law is replaced by the following phrases in the countries below:

    AMERICAS
    (1) In Canada: the laws in the Province of Ontario; (2) in Mexico: the federal laws of the Republic of Mexico; (3) in the United States, Anguilla, Antigua/Barbuda, Aruba, British Virgin Islands, Cayman Islands, Dominica, Grenada, Guyana, Saint Kitts and Nevis, Saint Lucia, Saint Maarten, and Saint Vincent and the Grenadines: the laws of the State of New York, United States; (4) in Venezuela: the laws of the Bolivarian Republic of Venezuela;
    ASIA PACIFIC
    (5) in Cambodia and Laos: the laws of the State of New York, United States; (6) in Australia: the laws of the State or Territory in which the transaction is performed; (7) in Hong Kong SAR and Macau SAR: the laws of Hong Kong Special Administrative Region ("SAR"); (8) in Taiwan: the laws of Taiwan;
    EUROPE, MIDDLE EAST, AND AFRICA
    (9) in Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Former Yugoslav Republic of Macedonia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan: the laws of Austria; (10) in Algeria, Andorra, Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis and Futuna: the laws of France; (11) in Estonia, Latvia, and Lithuania: the laws of Finland; (12) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome and Principe, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe: the laws of England; and (13) in South Africa, Namibia, Lesotho, and Swaziland: the laws of the Republic of South Africa.

    8.2 Jurisdiction

    The following paragraph pertains to jurisdiction and replaces Subsection 8.2 (Jurisdiction) as it applies for those countries identified below:

    All rights, duties, and obligations are subject to the courts of the country in which Licensee obtained the Program license except that in the countries identified below all disputes arising out of or related to this Agreement, including summary proceedings, will be brought before and subject to the exclusive jurisdiction of the following courts of competent jurisdiction:

    AMERICAS

    (1) In Argentina: the Ordinary Commercial Court of the city of Buenos Aires,

    (2) in Brazil: the court of Rio de Janeiro, RJ;

    (3) in Chile: the Civil Courts of Justice of Santiago;

    (4) in Ecuador: the civil judges of Quito for executory or summary proceedings (as applicable);

    (5) in Mexico: the courts located in Mexico City, Federal District;

    (6) in Peru: the judges and tribunals of the judicial district of Lima, Cercado;

    (7) in Uruguay: the courts of the city of Montevideo;

    (8) in Venezuela: the courts of the metropolitan area of the city of Caracas;

    EUROPE, MIDDLE EAST, AND AFRICA

    (9) in Austria: the court of law in Vienna, Austria (Inner-City);

    (10) in Algeria, Andorra, Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea, France, French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte, Monaco, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis and Futuna: the Commercial Court of Paris;

    (11) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome and Principe, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe: the English courts;

    (12) in South Africa, Namibia, Lesotho, and Swaziland: the High Court in Johannesburg;

    (13) in Greece: the competent court of Athens;

    (14) in Israel: the courts of Tel Aviv-Jaffa;

    (15) in Italy: the courts of Milan;

    (16) in Portugal: the courts of Lisbon;

    (17) in Spain: the courts of Madrid; and

    (18) in Turkey: the Istanbul Central Courts and Execution Directorates of Istanbul, the Republic of Turkey.

    8.3 Arbitration

    The following paragraph is added as a new Subsection 8.3 (Arbitration) as it applies for those countries identified below. The provisions of this Subsection 8.3 prevail over those of Subsection 8.2 (Jurisdiction) to the extent permitted by the applicable governing law and rules of procedure:

    ASIA PACIFIC

    (1) In Cambodia, India, Indonesia, Laos, Philippines, and Vietnam:

    Disputes arising out of or in connection with this Agreement will be finally settled by arbitration which will be held in Singapore in accordance with the Arbitration Rules of Singapore International Arbitration Center ("SIAC Rules") then in effect. The arbitration award will be final and binding for the parties without appeal and will be in writing and set forth the findings of fact and the conclusions of law.

    The number of arbitrators will be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties will appoint a third arbitrator who will act as chairman of the proceedings. Vacancies in the post of chairman will be filled by the president of the SIAC. Other vacancies will be filled by the respective nominating party. Proceedings will continue from the stage they were at when the vacancy occurred.

    If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the first appointed arbitrator will be the sole arbitrator, provided that the arbitrator was validly and properly appointed. All proceedings will be conducted, including all documents presented in such proceedings, in the English language. The English language version of this Agreement prevails over any other language version.

    (2) In the People's Republic of China:

    In case no settlement can be reached, the disputes will be submitted to China International Economic and Trade Arbitration Commission for arbitration according to the then effective rules of the said Arbitration Commission. The arbitration will take place in Beijing and be conducted in Chinese. The arbitration award will be final and binding on both parties. During the course of arbitration, this agreement will continue to be performed except for the part which the parties are disputing and which is undergoing arbitration.

    EUROPE, MIDDLE EAST, AND AFRICA

    (3) In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Former Yugoslav Republic of Macedonia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan:

    All disputes arising out of this Agreement or related to its violation, termination or nullity will be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Center of the Federal Economic Chamber in Vienna (Vienna Rules) by three arbitrators appointed in accordance with these rules. The arbitration will be held in Vienna, Austria, and the official language of the proceedings will be English. The decision of the arbitrators will be final and binding upon both parties. Therefore, pursuant to paragraph 598 (2) of the Austrian Code of Civil Procedure, the parties expressly waive the application of paragraph 595 (1) figure 7 of the Code. IBM may, however, institute proceedings in a competent court in the country of installation.

    (4) In Estonia, Latvia, and Lithuania:

    All disputes arising in connection with this Agreement will be finally settled in arbitration that will be held in Helsinki, Finland in accordance with the arbitration laws of Finland then in effect. Each party will appoint one arbitrator. The arbitrators will then jointly appoint the chairman. If arbitrators cannot agree on the chairman, then the Central Chamber of Commerce in Helsinki will appoint the chairman.

    AMERICAS COUNTRY AMENDMENTS

    CANADA

    5.1 Items for Which IBM May Be Liable - The following replaces Item 1 in the first paragraph of this Subsection 5.1 (Items for Which IBM May Be Liable):

    1) damages for bodily injury (including death) and physical harm to real property and tangible personal property caused by IBM's negligence; and

    7. General

    The following replaces Item 7.c: Licensee agrees to comply with all applicable export and import laws and regulations, including those of that apply to goods of United States origin and that prohibit or limit export for certain uses or to certain users.

    The following replaces Item 7.f: No right or cause of action for any third party is created by this Agreement or any transaction under it, nor is IBM responsible for any third party claims against Licensee except as permitted by the Limitation of Liability section above for bodily injury (including death) or physical harm to real or tangible personal property caused by IBM's negligence for which IBM is legally liable to that third party.

    The following is added as Item 7.h : For purposes of this Item 7.h, "Personal Data" refers to information relating to an identified or identifiable individual made available by one of the parties, its personnel or any other individual to the other in connection with this Agreement. The following provisions apply in the event that one party makes Personal Data available to the other:

    (1) General

    (a) Each party is responsible for complying with any obligations applying to it under applicable Canadian data privacy laws and regulations ("Laws").

    (b) Neither party will request Personal Data beyond what is necessary to fulfill the purpose(s) for which it is requested. The purpose(s) for requesting Personal Data must be reasonable. Each party will agree in advance as to the type of Personal Data that is required to be made available.

    (2) Security Safeguards

    (a) Each party acknowledges that it is solely responsible for determining and communicating to the other the appropriate technological, physical and organizational security measures required to protect Personal Data.

    (b) Each party will ensure that Personal Data is protected in accordance with the security safeguards communicated and agreed to by the other.

    (c) Each party will ensure that any third party to whom Personal Data is transferred is bound by the applicable terms of this section.

    (d) Additional or different services required to comply with the Laws will be deemed a request for new services.

    (3) Use

    Each party agrees that Personal Data will only be used, accessed, managed, transferred, disclosed to third parties or otherwise processed to fulfill the purpose(s) for which it was made available.

    (4) Access Requests

    (a) Each party agrees to reasonably cooperate with the other in connection with requests to access or amend Personal Data.

    (b) Each party agrees to reimburse the other for any reasonable charges incurred in providing each other assistance.

    (c) Each party agrees to amend Personal Data only upon receiving instructions to do so from the other party or its personnel.

    (5) Retention

    Each party will promptly return to the other or destroy all Personal Data that is no longer necessary to fulfill the purpose(s) for which it was made available, unless otherwise instructed by the other or its personnel or required by law.

    (6) Public Bodies Who Are Subject to Public Sector Privacy Legislation

    For Licensees who are public bodies subject to public sector privacy legislation, this Item 7.h applies only to Personal Data made available to Licensee in connection with this Agreement, and the obligations in this section apply only to Licensee, except that: 1) section (2)(a) applies only to IBM; 2) sections (1)(a) and (4)(a) apply to both parties; and 3) section (4)(b) and the last sentence in (1)(b) do not apply.

    PERU

    5. Limitation of Liability

    The following is added to the end of this Section 5 (Limitation of Liability): Except as expressly required by law without the possibility of contractual waiver, Licensee and IBM intend that the limitation of liability in this Limitation of Liability section applies to damages caused by all types of claims and causes of action. If any limitation on or exclusion from liability in this section is held by a court of competent jurisdiction to be unenforceable with respect to a particular claim or cause of action, the parties intend that it nonetheless apply to the maximum extent permitted by applicable law to all other claims and causes of action.

    5.1 Items for Which IBM May Be Liable

    The following is added to the end of this Subsection 5.1: In accordance with Article 1328 of the Peruvian Civil Code, the limitations and exclusions specified in this section will not apply to damages caused by IBM's willful misconduct ("dolo") or gross negligence ("culpa inexcusable").

    7. General

    The following is added to Section 7 as Item 7.h: U.S. Government Users Restricted Rights - Use, duplication or disclosure is restricted by the GSA IT Schedule 70 Contract with the IBM Corporation.

    The following is added to Item 8.1: Each party waives any right to a jury trial in any proceeding arising out of or related to this Agreement.

    ASIA PACIFIC COUNTRY AMENDMENTS

    4. No Warranties

    The following is added to the first paragraph of Section 4 (No Warranties): Although IBM specifies that there are no warranties Licensee 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.

    5.1 Items for Which IBM May Be Liable - The following is added to Subsection 5.1 (Items for Which IBM Maybe Liable): Where IBM is in breach of a condition or warranty implied by the Trade Practices Act 1974, IBM'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 obtained for personal, domestic or household use or consumption, then none of the limitations in this paragraph apply.

    HONG KONG SAR, MACAU SAR, AND TAIWAN

    As applies to licenses obtained in Taiwan and the special administrative regions, phrases throughout this Agreement containing the word "country" (for example, "the country in which the original Licensee was granted the license" and "the country in which Licensee obtained the Program license") are replaced with the following:

    (1) In Hong Kong SAR: "Hong Kong SAR"

    (2) In Macau SAR: "Macau SAR" except in the Governing Law clause (Section 8.1)

    (3) In Taiwan: "Taiwan."

    INDIA

    5.1 Items for Which IBM May Be Liable - The following replaces the terms of Items 1 and 2 of the first paragraph: 1) liability for bodily injury (including death) or damage to real property and tangible personal property will be limited to that caused by IBM's negligence; and 2) as to any other actual damage arising in any situation involving nonperformance by IBM pursuant to, or in any way related to the subject of this Agreement, IBM's liability will be limited to the charge paid by Licensee for the individual Program that is the subject of the claim.

    7. General

    The following replaces the terms of Item 7.d: If no suit or other legal action is brought, within three 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.

    INDONESIA

    Section 3 - The following is added to the last paragraph: Both parties waive the provision of article 1266 of the Indonesian Civil Code, to the extent the article provision requires such court decree for the termination of an agreement creating mutual obligations.

    JAPAN

    7. General

    The following is inserted as Item 7.1: Any doubts concerning this Agreement will be initially resolved between us in good faith and in accordance with the principle of mutual trust.

    MALAYSIA

    5.2 Items for Which IBM Is Not Liable - The word "SPECIAL" in Item 5.2b is deleted.

    NEW ZEALAND

    4. No Warranties

    The following is added to the first paragraph of this Section 4 (No Warranties): Although IBM specifies that there are no warranties Licensee 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 which IBM provides, if Licensee requires the goods for the purposes of a business as defined in that Act.

    5. Limitation of Liability

    The following is added:

    Where Programs are not obtained for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act.

    PHILIPPINES

    5.2 Items for Which IBM Is Not Liable

    The following replaces the terms of Item 5.2b: special (including nominal and exemplary damages), moral, incidental, or indirect damages or for any economic consequential damages; or

    SINGAPORE

    5.2 Items for Which IBM Is Not Liable

    The words "SPECIAL" and "ECONOMIC" are deleted from Item 5.2b.

    7. General

    The following replaces the terms of Item 7.f: Subject to the rights provided to IBM's suppliers and Program developers as provided in Section 5 above (Limitation of Liability), a person who is not a party to this Agreement will have no right under the Contracts (Right of Third Parties) Act to enforce any of its terms.

    EUROPE, MIDDLE EAST, AFRICA (EMEA) COUNTRY AMENDMENTS
    EUROPEAN UNION MEMBER STATES

    4. No Warranties

    The following is added to Section 4 (No Warranties): In the European Union ("EU"), consumers have legal rights under applicable national legislation governing the sale of consumer goods. Such rights are not affected by the provisions set out in this Section 4 (No Warranties).

    AUSTRIA

    5. Limitation of Liability

    The following is added:

    The following limitations and exclusions of IBM's liability do not apply for damages caused by gross negligence or willful misconduct.

    5.1 s for Which IBM May Be Liable

    The following replaces the first sentence in the first paragraph:

    Circumstances may arise where, because of a default by IBM in the performance of its obligations under this Agreement or other liability, Licensee is entitled to recover damages from IBM.

    In the second sentence of the first paragraph, delete entirely the parenthetical phrase: "(including fundamenta breach, negligence, misrepresentation, or other contract or tort claim)".

    5.2 Items for Which IBM Is Not Liable

    The following replaces Item 5.2b: indirect damages or consequential damages; or

    BELGIUM, FRANCE, ITALY, AND LUXEMBOURG

    5. Limitation of Liability

    The following replaces the terms of Section 5 (Limitation of Liability) in its entirety:

    Except as otherwise provided by mandatory law:

    5.1 Items for Which IBM May Be Liable

    IBM's entire liability for all claims in the aggregate for any damages and losses that may arise as a consequence of the fulfillment of its obligations under or in connection with this Agreement or due to any other cause related to this Agreement is limited to the compensation of only those damages and losses proved and actually arising as an immediate and direct consequence of the non-fulfillment of such obligations (if IBM is at fault) or of such cause, for a maximum amount equal to the charges (if the Program is subject to fixed term charges, up to twelve months' charges) Licensee paid for the Program that has caused the damages.

    The above limitation will not apply to damages for bodily injuries (including death) and damages to real property and tangible personal property for which IBM is legally liable.

    5.2 Items for Which IBM Is Not Liable

    UNDER NO CIRCUMSTANCES IS IBM OR ANY OF ITS PROGRAM DEVELOPERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL, EXEMPLARY OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; AND / OR 3) LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES.

    5.3 Suppliers and Program Developers

    The limitation and exclusion of liability herein agreed applies not only to the activities performed by IBM but also to the activities performed by its suppliers and Program developers, and represents the maximum amount for which IBM as well as its suppliers and Program developers are collectively responsible.

    GERMANY

    5. Limitation of Liability

    The following replaces this Section 5 (Limitation of Liability) in its entirety:

    a. IBM will be liable without limit for 1) loss or damage caused by a breach of an express guarantee; 2) damages or losses resulting in bodily injury (including death); and 3) damages caused intentionally or by gross negligence.

    b. In the event of loss, damage and frustrated expenditures caused by slight negligence or in breach of essential contractual obligations, IBM will be liable, regardless of the basis on which Licensee is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), per claim only up to the greater of 500,000 euro or the charges (if the Program is subject to fixed term charges, up to 12 months' charges) Licensee paid for the Program that caused the loss or damage. A number of defaults which together result in, or contribute to, substantially the same loss or damage will be treated as one default.

    c. In the event of loss, damage and frustrated expenditures caused by slight negligence, IBM will not be liable for indirect or consequential damages, even if IBM was informed about the possibility of such loss or damage.

    d. In case of delay on IBM's part: 1) IBM will pay to Licensee an amount not exceeding the loss or damage caused by IBM's delay and 2) IBM will be liable only in respect of the resulting damages that Licensee suffers, subject to the provisions of Items a and b above.

    7. General

    The following replaces the provisions of 7.d: Any claims resulting from this Agreement are subject to a limitation period of three years, except as stated in Section 4 (No Warranties) of this Agreement.

    The following replaces the provisions of 7.f: No right or cause of action for any third party is created by this Agreement, nor is IBM responsible for any third party claims against Licensee, except (to the extent permitted in Section 5 (Limitation of Liability)) for: i) bodily injury (including death); or ii) damage to real or tangible personal property for which (in either case) IBM is legally liable to that third party.

    IRELAND

    4. No Warranties

    The following paragraph is added to the second paragraph of this Section 4 (No Warranties): Except as expressly provided in these terms and conditions, or Section 12 of the Sale of Goods Act 1893 as amended by the Sale of Goods and Supply of Services Act, 1980 (the "1980 Act"), all conditions or warranties (express or implied, statutory or otherwise) are hereby excluded including, without limitation, any warranties implied by the Sale of Goods Act 1893 as amended by the 1980 Act (including, for the avoidance of doubt, Section 39 of the 1980 Act).

    IRELAND AND UNITED KINGDOM

    2. Agreement Structure

    The following sentence is added: Nothing in this paragraph shall have the effect of excluding or limiting liability for fraud.

    5.1 Items for Which IBM May Be Liable

    The following replaces the first paragraph of the Subsection:

    For the purposes of this section, a "Default" means any act, statement, omission or negligence on the part of IBM in connection with, or in relation to, the subject matter of an Agreement in respect of which IBM is legally liable to Licensee, whether in contract or in tort. A number of Defaults which together result in, or contribute to, substantially the same loss or damage will be treated as one Default.

    Circumstances may arise where, because of a Default by IBM in the performance of its obligations under this Agreement or other liability, Licensee is entitled to recover damages from IBM. Regardless of the basis on which Licensee is entitled to claim damages from IBM and except as expressly required by law without the possibility of contractual waiver, IBM's entire liability for any one Default will not exceed the amount of any direct damages, to the extent actually suffered by Licensee as an immediate and direct consequence of the Default, up to the greater of (1) 500,000 euro (or the equivalent in local currency) or (2) 125% of the charges (if the Program is subject to fixed term charges, up to 12 months' charges) for the Program that is the subject of the claim. Notwithstanding the foregoing, the amount of any damages for bodily injury (including death) and damage to real property and tangible personal property for which IBM is legally liable is not subject to such limitation.

    5.2 Items for Which IBM Is Not Liable - The following replaces Items 5.2b and 5.2c:

    b. special, incidental, exemplary, or indirect damages or consequential damages; or

    c. wasted management time or lost profits, business, revenue, goodwill, or anticipated savings.

    LICENSE INFORMATION

    The Programs listed below are licensed under the following terms and conditions in addition to those of the International License Agreement for Non-Warranted Programs.

    Program Name: Acessible Way

    Program-unique Terms:n/a

    The Program and its contents, such as text, images, and other material displayed or provided through the Program ("Program Content") are for informational purposes only. The Program Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. IBM does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned through the Program. Reliance on any information provided through the Program is solely at your own risk.

    Licensee is responsible for all Licensee Content that Licensee provides through the Program. Licensee will not provide Licensee Content about any person other than the Licensee. All Licensee Content will be non-confidential. Licensee agrees to indemnify and hold IBM harmless from all damages, liabilities, costs and expenses, including attorneys' fees, incurred by IBM as a result of any claim, proceeding or judgment arising out of Licensee's use of the Program or the results, submission of Licensee Content, or out of IBM's exercise of the license granted to IBM herein, including without limitation, IBM's disclosure, copying, distribution, display, performance, or preparation of derivative works of the Licensee Content. By entering into this Agreement, Licensee hereby grants IBM a perpetual, fee-and royalty-free, worldwide and irrevocable license under all intellectual property rights (including copyright) for Licensee Content. This license includes without limitation the right to prepare derivative works of, and to use, copy, distribute, sublicense, display, and perform any Licensee Content and derivative works thereof, including but not limited to arrangements, visualizations, and selections of Licensee Content, and feedback and suggestions Licensee provides to IBM. Licensee must not provide Licensee Content that infringes upon the rights of any third party, including without limitation copyright, trademark, privacy, publicity or other personal or proprietary right. In addition, Licensee must not provide Content that is deceptive or fraudulent or otherwise violates any laws.

    Licensee consents to IBM's collection of information from Licensee's mobile device, including without limitation, to photos, filled forms, the location and movement of the device. IBM will collect location information provided by sensors embedded in the user's portable device. This information will be used in the identification of, but not limited to, accessibility issues in the regions where the Application is used, making the information provided by the users available to whom may be concerned, and to whom IBM judge adequate, through a website that allows information visualization (geolocated) and through APIs. The information may also be used in the identification of causal relation among reported events, prioritization and planning, and other analytic processes. This information may be shared by IBM with third parties for such purpose; provided that such information will only be shared with such third parties on an aggregated basis. The Licensee Content may also be used in sales presentation, customer demonstrations and publications on an aggregate basis. IBM shall have a perpetual right to use the Licensee Content for such purposes.

    SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE INFORMATION PROVIDED BY THE PROGRAM OR OTHERWISE BY IBM, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AND ANY WARRANTY OR CONDITION OF NON-INFRINGEMENT. IBM MAKES NO GUARANTEE AS TO THE ACCURACY OF INFORMATION PROVIDED BY OR THROUGH THE PROGRAM TO LICENSEE. The provisions of this paragraph do not apply to the extent they are held to be invalid or unenforceable under the law that governs this license.

    IBM for Application Privacy Statement

    This Application Privacy Statement ("Statement") sets forth the privacy practices of IBM relating to information it may collect through this [name of app] application (the "App"). If the Statement does not reference collection practices regarding certain types of information, that information is not collected by IBM. You should read this Statement before downloading, accessing, or otherwise using the App. Downloading, accessing, or otherwise using the App indicates that you consent to the terms of this Statement. If you do not consent to the terms of this Statement, do not proceed to download, access, or otherwise use the App.

    Please keep in mind that you may not be able to use some of the features offered by the App unless you provide such information. If you provide personal information in downloading and/or registering for this App, such information will be handled, used, shared and retained by IBM as provided in the ibm.com privacy policy at http://www.ibm.com/privacy/us/en/. In addition, the App collects the following information automatically: the type of mobile device you use, location and movement of the device, photos, filled forms by the users, and IBM uses this information in the to identify accessibility issues in the regions where the user uses the App. IBM may share information described above with third parties for the purposes of analyzing accessibility issues. IBM will retain and safeguard this information, as provided ibm.com privacy policy, which can be found at the above link.

    You may opt-out of all collection by IBM by uninstalling this App from your mobile device. This will stop all collection of information by IBM through the App.

    This Statement may be updated from time to time for any reason. We will notify you of any changes to this Statement by posting a new statement at http://www.accessibleway.org. By using this App, you consent to the processing of the information collected by this App as set forth in this Statement now or as amended.



    Copyright IBM Corporation 2013.
    All rights reserved.

    rotaacessivel@br.ibm.com