alphaWorks 90 Day Trial License
Agreement
IBM ALPHAWORKS LICENSE AGREEMENT
Please read this IBM alphaWorks license agreement
(called the "Agreement") carefully. Your use of the
software or any related documentation (called the
"Software") indicates your acceptance of the following
terms and conditions. If you do not agree to these
terms and conditions, you may not install or use the
Software.
Notice: The Software that is made available through
the alphaWorks project is not generally available
software. It has not undergone complete testing and
may contain errors. It may not function properly and
is subject to change or withdrawal at any time. No
support or maintenance is provided with the Software.
Do not install this software if you are not accustomed
to using experimental software.
The alphaWorks Software is made available without
charge in the experimental stage in order to allow you
to evaluate the Software in its developmental stage.
We encourage your feedback and suggestions.
1. Ownership and License.
The Software is owned by International Business
Machines Corporation or one of its subsidiaries
("IBM") and is copyrighted and licensed, not sold.
IBM grants you a non-exclusive, non-transferable
license to download the Software and use it only for
your personal, non-commercial and lawful end use.
Implied licenses are negated.
You may copy the Software for backup only. You may
not: 1) merge, distribute (for free or for sale) or
sublicense the Software; 2) reverse assemble, reverse
compile, or otherwise translate the Software.
2. Term and Termination
This Agreement will terminate ninety (90) days
after the date on which you receive the Software. Upon
such termination you will delete or destroy all copies
of the Software.
3. Warranty Disclaimer and Limitation of Liability
IBM licenses the Software to you on an "as is"
basis, without warranty of any kind. IBM hereby
expressly disclaims all warranties or conditions,
either express or implied, including, but not limited
to, the implied warranties or conditions of
merchantability and fitness for a particular purpose.
You are solely responsible for determining the
appropriateness of using this Software and assume all
risks associated with the use of this Software,
including but not limited to the risks of program
errors, damage to or loss of data, programs or
equipment, and unavailability or interruption of
operations. Some jurisdictions do not allow for the
exclusion or limitation of implied warranties, so the
above limitations or exclusions may not apply to you.
IBM will not be liable for any direct damages or
for any special, incidental, or indirect damages or
for any economic consequential damages (including lost
profits or savings), even if IBM has been advised of
the possibility of such damages. IBM will not be
liable for the loss of, or damage to, your records or
data, or any damages claimed by you based on a third
party claim. Some jurisdictions do not allow for the
exclusion or limitation of incidental or consequential
damages, so the above limitations or exclusions may
not apply to you.
4. License Rights
You hereby grant to IBM an irrevocable license
under all intellectual property rights (including
copyright) to use, copy, distribute, sublicense,
display, perform and prepare derivative works based
upon any feedback, including materials, fixes, error
corrections, enhancements, suggestions and the like
that you provide to IBM.
5. General
This Agreement is governed by the laws of the State
of New York.
This Agreement is the only understanding and
agreement we have regarding your use of the Software.
It supersedes all other communications, understandings
or agreements we may have had prior to this Agreement.
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