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 youdo 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.
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.