PLEASE READ THIS LIMITED USE LICENSE AGREEMENT ("LICENSE") CAREFULLY. YOU MUST AGREE TO THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING IBM VISUALAGE COBOL ENTERPRISE (the "SOFTWARE"). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE.
The Software is owned and/or licensed by International Business Machines Corporation or one of its subsidiaries ("IBM") or an IBM supplier and is copyrighted. The Software is licensed, not sold, to you. The term "Software" means the original Software and all whole or partial copies of it, including portions merged into other programs. The Software consists of machine-readable instructions, audio/visual content (such as software documentation) and related licensed materials.
IBM grants you at no charge a non-exclusive, non-transferable license to install the Software and use it on one (1) machine only for purposes of testing and evaluation only. The Software is not to be used for production purposes.
You may copy the Software for backup. You may not: 1) copy, merge, distribute, transmit, transfer, sublicense, lease, or rent the Software except as specifically permitted by this License; 2) reverse assemble, reverse compile, or otherwise translate the Software except as specifically permitted by law without the possibility of contractual waiver.
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. The entire risk arising from use of the Software remains with you. 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, OR ITS DISTRIBUTOR, 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.
IBM is not providing program services under this License.
Your license to the Software and documentation expires thirty (30) days after new versions or releases of the Software are released for general availability. Upon expiration, you agree to destroy or return to IBM the Software and documentation and to delete or destroy all copies of the Software and documentation in any form.
This Limited Use License is governed by the substantive laws of the State of New York applicable to agreements fully executed and performed in New York.
U.S. Government Restricted Rights - Use, duplication or disclosure restricted by GSA ADP Schedule Contract with IBM.
Neither party may bring a legal action under this License more than two (2) years after the cause of action arose.