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OS/2 Shareware BBS: 34 AVI
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LICENSE.TXT
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1994-04-22
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BULLETIN BOARD LICENSE AGREEEMENTS FOR DECOMPRESSOR, VIDEO CLIP,
AND SPECIFICATION
THE ULTIMOTION DEVELOPMENT KIT CONTAINS 3 ZIP FILES CONTAINING THE
ULTIMOTION SPECIFICATION, THE ULTIMOTION DECOMPRESSOR FOR WINDOWS,
AND A SAMPLE MOVIE CLIP (.AVI FILE). BEFORE OPENING (FOR EXAMPLE,
BY DISPLAYING THE DIRECTORY) ANY OF THE FOLLOWING: THE IBM (tm)
ULTIMOTION (tm) DECOMPRESSOR FOR WINDOWS (tm) FROM DIRECTORY \UM4WIN
OR A VIDEO CLIP (.AVI FILE) FROM DIRECTORY \MOVIES OR THE ULTIMOTION
SPECIFICATION FROM DIRECTORY \UMSPEC, YOU SHOULD READ THE FOLLOWING
TERMS AND CONDITIONS CAREFULLY. OPENING A DIRECTORY CONTAINING THE
IBM ULTIMOTION DECOMPRESSOR FOR WINDOWS OR A DIRECTORY CONTAINING A
VIDEO CLIP OR A DIRECTORY CONTAINING THE ULTIMOTION SPECIFICATION
INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS. IF YOU DO
NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT OPEN ANY OF THE
DIRECTORIES CONTAINING THE IBM ULTIMOTION DECOMPRESSOR FOR WINDOWS,
A VIDEO CLIP OR THE ULTIMOTION SPECIFICATION.
IBM DEVELOPER AGREEMENT FOR BETA TEST OF
IBM ULTIMOTION DECOMPRESSOR FOR WINDOWS AND VIDEO CLIP
GRANT OF LICENSE. This grant of license applies to the object code
and README file for the IBM Ultimotion Decompressor for Windows and
video clips ("the Licensed Work"). It does not include a license to
the Ultimotion Specification (the license for which follows in
directory \UMSPEC).
IBM grants you a nonexclusive right and license to use, execute,
copy, reproduce, display and perform the Licensed Work for
evaluation, demonstration and testing purposes only.
You may not reverse compile, reverse assemble, reverse engineer or
modify the Licensed Work.
If you wish to provide feedback, send feedback to Internet ID
ULTIMOTION@VNET.IBM.COM by July 1, 1994.
COPYRIGHT. The Licensed Work is owned by IBM and is protected by
United States copyright laws.
TERMS AND CONDITIONS. Unless IBM notifies you otherwise (with 14
days' notice), your license for the Licensed Work terminates on July
1, 1994. You may terminate your license at any time by destroying
all copies of the Licensed Work. IBM may terminate your license if
you fail to comply with the terms and conditions of this agreement.
If IBM terminates your license, you agree to destroy all copies of
the Licensed Work.
DISCLAIMER OF WARRANTY. The Licensed Work contains pre-release code
and documentation and may be modified substantially from time to
time. The Licensed Work may not be at the level of performance or
compatibility of generally available IBM products and IBM does not
commit that the Licensed Work will ever be made generally available.
THE LICENSED WORK IS PROVIDED "AS IS." IBM MAKES NO REPRESENTATIONS
OR WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE LICENSED
WORK INCLUDING THE IMPLIED WARRANTY OR MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR
PERFORMANCE OF THE LICENSED WORK REMAINS WITH YOU.
Some jurisdictions do not allow the exclusion of implied warranties,
therefore the above may not apply to you.
IN NO EVENT WILL IBM BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS,
INCIDENTAL DAMAGES OR OTHER ECONOMIC OR CONSEQUENTIAL DAMAGES, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IBM
WILL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD
PARTY CLAIM.
Some jurisdictions do not allow the exclusion or limitation of
consequential or incidental damages, therefore the above may not
apply to you.
This license is governed by the laws of the State of New York
without regard to its principles of conflicts of laws.
IBM and Ultimotion are trademarks of the IBM Corp. Windows is a
trademark of Microsoft, Corp.
Note to U.S. Government Users --- Documentation related to
restricted rights --- Use, duplication or disclosure is subject to
restrictions set forth in GSA ADP Schedule Contract with IBM Corp.
IBM DEVELOPER AGREEMENT FOR ULTIMOTION SPECIFICATION
IBM authorizes you to use, under copyright, the Specification in
creating your hardware or software product as long as the data bit
stream implemented in your product is identical to the data bit
stream defined in the Specification. You may only use the
Specification in accordance with the condition above.
In addition, you must include the following notice with each copy of
your hardware and/or software product: ) Copyright IBM Corp. 1994.
All Rights Reserved. This product uses Ultimotion IBM video
technology.
If you are using Ultimotion in a hardware and/or software product
packaged for retail distribution, contact IBM Intellectual Property
Law Department at 951 NW 51st Street, Internal Zip 4318, Boca
Raton, FL 33431 to inquire about an Ultimotion (tm) logo license
agreement.
This Specification is provided "AS IS" without any expressed or
implied warranties or representations of any kind. You understand
that IBM is not responsible for your use of the Specification and
that the sole responsibility for your hardware or software product
rests with you.
IN NO EVENT WILL IBM BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS,
INCIDENTAL DAMAGES OR OTHER ECONOMIC OR CONSEQUENTIAL DAMAGES, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IBM
WILL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY
THIRD PARTY CLAIM.
Aside from the limited license granted above, you have no other
rights, expressed or implied, to any other intellectual property of
IBM, including patents, copyrights, trademarks and/or trade
secrets.