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LICENSE
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1999-11-05
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Trial Period License for APL2 for OS/2
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. YOU MUST
AGREE TO THE FOLLOWING TERMS AND CONDITIONS BEFORE
INSTALLING APL2 FOR OS/2 VERSION 1.0 (the "SOFTWARE").
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE
THE SOFTWARE.
NOTICE: THE SOFTWARE CONTAINS A TIMER WHICH WILL PREVENT
ITS EXECUTION AFTER 240 (TWO HUNDRED AND FORTY) MINUTES
OF PROCESSING TIME. AT THE END OF THIS TRIAL PERIOD, YOU
MUST DELETE OR DESTROY ALL COPIES OF THE SOFTWARE AND
DOCUMENTATION IN ANY FORM.
TO OBTAIN THE SOFTWARE WITHOUT A TIMER, YOU MUST PURCHASE
A FULL-USE LICENSE TO THE SOFTWARE. SHOULD YOU PURCHASE A
FULL-USE LICENSE TO THE SOFTWARE, YOU WILL RECEIVE A NEW
COPY OF THE SOFTWARE AND A NEW LICENSE. THE TERMS AND
CONDITIONS OF THAT LICENSE SUPERSEDE THE TERMS OF THIS
TRIAL PERIOD LICENSE. ANY APPLICATION PROGRAMS PROCESSED
WITH THE SOFTWARE DURING THE TRIAL PERIOD MAY HAVE TO BE
REPROCESSED TO REMAIN OPERATIONAL WITH THE SOFTWARE
PROVIDED UNDER THE FULL-USE LICENSE.
1. Ownership and License.
The Software is owned by International Business Machines
Corporation or one of its subsidiaries ("IBM") or an IBM
supplier and is copyrighted and licensed, not sold. The
Software consists of machine-readable instructions,
audio/visual content (such as software documentation) and
related licensed materials.
IBM grants you free of charge a non-exclusive,
non-transferable license to download the Software and
install one (1) copy on one machine and to use that copy
of the Software for the purposes of testing and evaluation.
The Software is not to be used for production purposes
under this Trial Period License. You may: 1) copy the
Software for backup. You may not: 1) copy, merge,
distribute, sublicense, lease, or rent the Software except
as specifically permitted by this Trial Period License;
2) reverse assemble, reverse compile, or otherwise
translate the Software except as specifically permitted by
law without the possibility of contractual waiver.
2. 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. 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.
3. General
This Trial Period 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
You can view or print a copy of this Trial Period License
from the "LICENSE" file in the "APL2OS2" directory that is
installed with the Software.