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LIBRARY.LIC
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/* DAPTOOLS.LIC */
DAPTOOLS LIBRARY
LICENSE AGREEMENT
DAPTOOLS
DAPTOOLS is an on-line database accessible through CompuSERVE, which IBM
is making available to members of the IBM OS/2 Developers Assistance
Program (DAP). DAPTOOLS is intended to supplement the OS/2 Toolkit to
facilitate the development of application programs for use with IBM OS/2.
DAPTOOLS includes the following categories of materials (DAPTOOLS Materials)
which you may electronically download to your workstation and use as
described in this agreement. DAPTOOLS Materials are files identified with the
descriptive legend "DAPTOOLS LIBRARY Restricted Software." These specific
materials are listed in the DAPTOOLS file section of CompuSERVE.
î Development Tools. These are IBM development-level programs and
associated documentation which may be useful in developing application
programs for IBM OS/2. IBM has not tested, debugged or documented these
programs to the same extent as programs which IBM makes generally
available. IBM cannot assure that the Development Tools are complete or
useable enough to be suitable for your intended use.
î Demo Programs. These are sample versions of non-IBM application
development programs that are commercially marketed by other companies for
use with IBM OS/2. The vendors of the Demo Programs have agreed to make
the Demo Programs available for your evaluation through DAPTOOLS. IBM does
not endorse or guarantee these products. You should contact the vendor
directly for information about the products and their availability and
pricing.
î Sample Source Programs. These are machine readable sample programs in
source languages illustrating programming techniques for developing OS/2
application programs. IBM has not tested, debugged or documented these
programs to the same extent as programs which IBM makes generally
available. IBM cannot assure that the Development Tools are complete or
useable enough to be suitable for your intended use.
Access to DAPTOOLS and use of DAPTOOLS Materials
You are authorized to use DAPTOOLS only as described herein. This
Agreement defines the terms and conditions which you may access the
DAPTOOLS library. Each program has a specific license which governs the
use of the program, which must be accepted prior to downloading the
program. You agree to comply with the instructions provided by IBM for
access to DAPTOOLS, and you will ensure that any of your company's
employees who access DAPTOOLS or DAPTOOLS Materials will also comply.
You are responsible for providing the appropriate workstation hardware,
operating system, other software, modem, and telephone line needed to
access DAPTOOLS on CompuSERVE. You also are responsible for paying any
telephone charges and host connect charges necessary to connect and
communicate with CompuSERVE node.
IBM may provide limited technical support if you have questions about the
DAPTOOLS Materials. You remain responsible for the design of your
application programs and your results in developing and/or marketing them.
You will use the Development Tools and Sample Source Programs solely for
the purpose of developing, testing or assessing the feasibility of
developing application program(s) using the protect mode of IBM OS/2. You
will use the Demo Programs solely for the purpose of evaluation and
demonstration within your company.
IBM retains ownership of the DAPTOOLS Materials, including any copies. You
obtain no rights other that those granted in this Agreement.
For use within your company as authorized by this agreement, you may (a)
make a reasonable number of copies of the development tools and Demo
Programs, and (b) merge them with other programs or modify them. Each copy
must contain the copyright notice in the original. You may not reverse
assemble or reverse compile their program code. You may not lend,
transfer, sublicense, pledge or assign the Development Tools or Demo
Programs or any copies. Any attempt to do so is void.
You may copy and distribute the Sample Source Programs in any form without
payment to IBM, for the purposes of developing, using, marketing and
distributing application programs written to the OS/2 application program
interface. Each copy of any portion of the Sample Source Programs or any
derivative work, which is distributed outside your company, must include a
copyright notice as follows: "(c) Copyright (your company name) (year).
All Rights Reserved.
Term
Either you or IBM may terminate this Agreement at any time upon 20 days'
prior written notice. IBM may immediately terminate this Agreement or deny
access to DAPTOOLS if IBM believes that you are violating the terms of this
Agreement or if you cease being a member of the DAP or a licensee of the
IBM OS/2 Toolkit.
Your authorization to access DAPTOOLS, and your license to use any
downloaded copies of the Development Tools and Demo Programs, will end upon
expiration or termination of this Agreement. Your license to the
downloaded Sample Source Programs will survive unless IBM terminates this
Agreement due to a violation of the terms. You agree to return or destroy
the DAPTOOLS Materials when your license ends.
Disclaimers
DAPTOOLS, THE DAPTOOLS MATERIALS, AND ANY RELATED IBM TECHNICAL SUPPORT ARE
PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES.
IN NO EVENT WILL IBM BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED
TO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL OR CONSEQUENTIAL
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY YOU BASED ON A THIRD PARTY CLAIM.
IBM does not want to receive and you agree not to disclosed to IBM any
information that is confidential or proprietary to you or others. IBM is
free to use and disclose any information you provide, notwithstanding any
legends to the contrary.
General
This Agreement does not authorize you to use the names or trademarks of IBM
or any other company for any publicity or marketing activities.
Neither you nor IBM has any obligation to purchase anything under this
Agreement. No agency, partnership, joint venture or other joint
relationship is created by this Agreement. IBM may enter into the same or
similar agreements with others.
In the case of any conflict between the terms of this Agreement or any
other amendment to it, the terms of this Agreement shall prevail. All
other terms of the Agreement or any other Amendment to it shall remain in
effect. Any change or addition to this Agreement must be in writing signed
by you and IBM.
The laws of the State of New York govern this Agreement.
You acknowledge that they have read this Agreement and understand it and
agree to be bound by its terms and conditions. Further, you agree that
this Agreement is the complete and exclusive statement of the agreement
between you and IBM relating to this subject. This statement of agreement
supersedes all proposals or prior agreements, oral or written, and all
other communications between the parties relating to this subject.
By downloading DAPTOOLS Materials, indentified as "DAPTOOLS LIBRARY
Restricted Software," you hereby agree to the above terms and conditions.