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LICENSE.DOC
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1996-04-01
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LICENSE AGREEMENT FOR VISUALIZER LOTUS NOTES INTERFACE PROGRAM OFFERING
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING
THE PROGRAM. IBM WILL ONLY LICENSE THE PROGRAM TO YOU IF YOU
FIRST ACCEPT THE TERMS OF THIS AGREEMENT.
The Program is owned by International Business Machines
Corporation or one of its subsidiaries (IBM) or an IBM supplier,
and is copyrighted and licensed, not sold.
IBM grants you a nonexclusive license for the Program. The term
"Program" means the original program and all whole or partial
copies of it, including portions merged into other programs. A
Program consists of machine-readable instructions, audio/visual
content (such as images, text, recordings, or pictures), and
related licensed materials.
1. License.
Use of the Program
If you are acquiring the Program from the Internet or Compuserv
you may make a reasonable number of copies for use in your business
or institution. You agree to ensure that anyone who uses the Program
(accessed either locally or remotely) does so only for your authorized
use and complies with the terms of this Agreement.
A Program is considered to be in use when it resides in memory
or is otherwise stored on a machine. A Program stored on a
network server solely for the purpose of being distributed to
other machines is not considered to be in use.
You may: (1) copy the Program for backup, and (2) merge the
Program into another program. You must reproduce the copyright
notice and any other legend of ownership on each copy, or
partial copy, of the Program. You may use any portion of the
Program IBM marks restricted (for example, "Restricted Materials
of IBM") only to: (1) resolve problems related to the use of
the Program, and (2) modify the Program so that it will work
together with other products.
You may not: (1) use, copy, merge, transmit, or transfer the
Program except as provided in this Agreement; (2) reverse
assemble, reverse compile, or otherwise translate the Program
except as specifically permitted by law without the possibility
of contractual waiver; or (3) sublicense, rent, or lease the
Program.
Transfer of Rights and Obligations
You may transfer all your rights and obligations under this
license for the Program to another party.
To transfer such rights and obligations, you must transfer a
copy of this Agreement, all other documentation,
and at least one complete, unaltered copy of
the Program to the other Party. A hardcopy of this Agreement
can be obtained by printing from the "license.doc" file in the
installation directory selected once you download and install
the Program. Upon transferring your rights, your license is
then terminated.
2. No Charge.
IBM is offering the Program to you at no charge under this
Agreement.
3. No Warranty.
IBM is providing the Program on an "AS IS" basis without
warranty of any kind.
IBM HEREBY DISCLAIMS ALL WARRANTIES OR CONDITIONS EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of
implied warranties, so the above exclusion or limitation may not
apply to you.
4. No Program Services.
IBM is not providing program services under this Agreement.
5. Patents and Copyrights
If a third party claims that the Program infringes that party's
patent or copyright, IBM will, at its expense, defend you
against that claim and pay all costs, damages, and attorney's
fees that a court finally awards, provided that you: (1)
promptly notify IBM in writing of the claim, and (2) allow IBM
to control, and cooperate with IBM in, the defense and any
related settlement negotiations. If such a claim is made or
appears likely to be made, you agree to permit IBM to enable you
to continue to use the Program, or to modify it, or replace it
with one that is at least functionally equivalent. If IBM
determines that none of these alternatives is reasonably
available, you agree to return the Program to IBM on IBM's
written request. This is IBM's entire obligation to you
regarding any claim of infringement. IBM has no obligation
regarding any claim based on any of the following: (1) your
modification of a Program; (2) the combination, operation, or
use of a Program with any programs, data, or apparatus that IBM
did not provide; or (3) infringement by a non-IBM Program.
6. Limitation of Liability
Regardless of the basis on which you may be entitled to recover
damages from IBM, for any claim (including fundamental breach,
negligence, misrepresentation or other tort), IBM's liability
will only be for: (1) payments referred to in the patents and
copyrights terms described above; (2) bodily injury (including
death), and damage to real property and tangible personal
property; and (3) the amount of any other actual direct damages
or loss, up to the equivalent of U.S. $5,000.
IBM WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR INDIRECT
DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING
LOST PROFITS OR SAVINGS), EVEN IF IBM, OR ITS RESELLER, HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
IBM will not be liable for: (1) loss of, or damage to, your
records or data, or (2) any damages claimed by you based on any
third party claim.
7. General
You may terminate your license at any time. If you do so, all
your license rights to the Program are terminated. You may keep
a copy of the Program in your archives. IBM may terminate your
license if you fail to comply with the terms of this Agreement.
If IBM does so, all your license rights to the Program are
terminated and you must destroy all your copies of it.
Neither party may bring a legal action under this Agreement more
than two years after the cause of action arose.
U.S. Government Restricted Rights - Use, duplication, or
disclosure restricted by GSA ADP Schedule Contract with IBM
Corporation.
This Agreement is governed by the substantive laws of the State
of New York applicable to agreements fully executed and performed
in New York.