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license.agr
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1995-09-11
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IBM EVALUATION AGREEMENT
This is a no charge Evaluation License ("License") between you and
International Business Machines Corporation ("IBM") for the evaluation
of IBM's software and related documentation. ("Program")
IBM grants you a non-exclusive, non-transferable license to the
Program only to enable you to evaluate the potential usefulness of the
Program to you. You may not use the Program for any other purpose and
you may not distribute any part of it, either alone or with any of
your software products.
IBM retains ownership of the Program and any copies you make of it.
You may use the Program on one (1) machine only.
You may not decompile, disassemble or otherwise attempt to translate
or seek to gain access to the Program's source code.
The term of your License will be from the date of first installation
of the Program, and will terminate 60 days later, unless otherwise
specified. THE PROGRAM WILL STOP FUNCTIONING WHEN THE LICENSE TERM
EXPIRES. You should therefore take precautions to avoid any loss of
data that might result. You must destroy and/or delete all copies you
have made of the Program within ten (10) days of the expiry of your
License.
If you are interested in continuing to use the Program after the end
of your License, you must place an order for a full license to the
Program and pay the applicable license fee. In that event, your use of
the Program will be governed by the provisions of the applicable IBM
license for the Program.
IBM accepts no liability for damages you may suffer as a result of
your use of the Program. In no event will IBM be liable for any indi-
rect, special or consequential damages, even if IBM has been advised
of the possibility of their occurrence.
YOU UNDERSTAND THAT THE PROGRAM IS BEING PROVIDED TO YOU "AS IS",
WITHOUT ANY WARRANTIES (EXPRESS OR IMPLIED) WHATSOEVER, INCLUDING BUT
NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY,
PERFORMANCE OR FITNESS FOR ANY PARTICULAR PURPOSE. Some jurisdictions
do not allow the exclusion or limitation of warranties or consequen-
tial or incidental damages, so the above may not apply to you.
IBM may terminate your License at any time if you are in breach of any
of its terms.
This License will be governed by and interpreted in accordance with
the laws of the State of New York.
This License is the only understanding and agreement we have for your
use of the Program. It supersedes all other communications, under-
standings or agreements we may have had prior to this License.