File Comment BEFORE OPENING THIS PACKAGE, YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. OPENING THIS PACKAGE INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE PACKAGE UNOPENED TO IBM.
IBM OS/2 Warp Win32s 1.25 Support Beta (herein after referred to as the Program.)
PROGRAM OPERATION. The Program runs with and must be installed on top of OS/2 Warp or OS/2 Warp with Win-OS/2 (or the OS/2 Warp Connect versions of these products.)
GRANT OF LICENSE. International Business Machines Corporation, or the applicable IBM country organization (IBM), grants you a nontransferable, non-exclusive license to use one copy of the enclosed Program on only one machine at any one time solely for te sting and development feedback within your enterprise. IBM further grants you the right to make an additional 9 copies of the Program (for a total of 10 copies) to use under the provisions of this agreement. You may also make one copy of the Program sole ly for backup purposes or archival purposes.
TERM AND TERMINATION. Unless IBM notifies you of an earlier date (with 14 days notice), your license for the Program terminates 14 days after the general availability of the Program or November 30, 1995 whichever is earlier. Upon termination, you agree to destroy all copies of the Program. You may terminate your license at any time by destroying all your copies of the Program and notifying IBM in writing. IBM may terminate your license if you fail to comply with the terms and conditions of this agreem ent.
DISCLAIMER OF WARRANTY. The Program contains pre-release code and may be modified substantially before general availability. The Program may not be at the level of the performance or compatibility of generally available IBM products. IBM does not guaran tee the Program will ever be made generally available.
The Program is provided "AS IS" WITHOUT ANY IBM WARRANTIES (OR CONDITIONS), EXPRESS OR IMPLIED WITH RESPECT TO THE PROGRAM, INCLUDING THE IMPLIED WARRANTIES (OR CONDITIONS) OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PROGRAM AND DOCUMENTATION REMAINS WITH YOU.
Some jurisdictions do not allow the exclusion of implied warranties, so the above may not apply to you.
IN NO EVENT WILL IBM BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, INCIDENTAL OR INDIRECT DAMAGES OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF IBM OR ITS AUTHORIZED SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IBM WILL N OT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM.
Some jurisdictions do not allow the exclusion or limitation for consequential damages, so the above may not apply to you.
You agree that you have no agreement which prohibits the use of this Program.
You must be, and agree that you are, a current licensee of one of the OS/2 Warp family of products listed above.
If you use the Program in the United States, this license is governed by the laws of the State of New York. If you use the Program in Canada, this license is governed by the laws of the Province of Ontario. Otherwise, this license is governed by the law s of the country in which you use the Program.
⌐ IBM and OS/2 are registered trademarks of the International Business Machines Corporation.
