IBM techexplorer Hypermedia Browser PLEASE READ THIS EVALUATION LICENSE AGREEMENT CAREFULLY. YOU MUST AGREE TO THE FOLLOWING TERMS AND CONDITIONS BEFORE USING IBM techexplorer Hypermedia Browser (the "SOFTWARE"). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE. NOTICE: The Software is not released for general availability and may be modified substantially before such release. The Software may not be at a level of performance or compatibility of general available IBM products. In addition, IBM does not guarantee that the Software will ever be released for general availability. ANY APPLICATION PROGRAMS PROCESSED OR COMPILED WITH THE SOFTWARE DURING THE EVALUATION PERIOD MAY NOT REMAIN OPERATIONAL WITH THE SOFTWARE IF IT IS RELEASED FOR GENERAL AVAILABILITY. 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 use it on a reasonable number of client machines for purposes of testing and evaluation only. The Software is not to be used for production purposes. You may copy the Software for backup. You may not: 1) copy, merge, distribute, sublicense, lease, or rent the software except as specifically permitted by this Evaluation License; 2) reverse assemble, reverse compile, or otherwise translate the Software except as specifically permitted by law without the possibility of contractual waiver. 2. Term and Termination IBM may terminate this Evaluation License, with or without cause, by providing notice to you. You may terminate this Evaluation License at any time by deleting or destroying all copies of the Software and documentation. Unless either party terminates this License at an earlier date, your license to the Software expires on its release for general availability. 3. 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. 4. General If you acquire the Software in the United States, this license is governed by the laws of the State of New York. If you acquire the Software in Canada, this license is governed by the laws of the Province of Ontario. Otherwise this license is governed by the laws of the country in which you acquire the Software. This Evaluation License is the only understanding and agreement we have and your use of the Software. It supersedes all other communications, understandings or agreements we may have had prior to the evaluation. After installing the Software, you can view or print a copy of this Evaluation License from the file NOTICES.TXT in the directory where you installed the Software.