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notices.txt
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1996-07-02
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License Agreement for the IBM techexplorer Hypermedia
Browser, Version 1.0 (a plug-in that runs with Netscape
Navigator for Windows NT/Windows95). Before
downloading or using this Program, you must agree to
the terms and conditions of this license agreement.
1. Ownership and License
This 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. This Program is subject to U.S. Government
Restricted Rights - Use, duplication, or disclosure
restricted by GSA ADP Schedule Contract with the IBM
Corporation.
IBM grants you a non-exclusive license of the Program
in the country in which you acquired the Program. The
term "Program" means the original program and any 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.
Under this license, you may: (1) use the Program on
only one machine, or if it is inoperable, on a backup
machine; (2) copy the Program for backup purposes; (3)
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 not: (1) copy, merge, distribute, sublicense,
lease or rent the Program except as specifically
permitted by this license; (2) reverse assemble,
reverse compile, or otherwise translate the Program.
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 license, all other documentation
(including proof of entitlement), and at least one
complete, unaltered copy of the Program to the other
party. Upon transferring your rights, your license is
then terminated and you agree to destroy any copies
remaining in your possession.
2. No Charge
IBM is offering the Program to you at no charge under
this license.
3. Warranty Disclaimer and Limitation of Liability
IBM is not providing any program services under this
license.
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 the
amount of any actual direct damages or loss, up to the
equivalent of U.S. $5,000.00.
IBM license this Program 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, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The
entire risk arising from the use of the Program 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 SPECIAL, INCIDENTAL, OR
INDIRECT DAMAGES OR FOR ANY 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
You may terminate your license at any time. If you do
so, all your license rights to the Program are
terminated. IBM may terminate your license if you fail
to comply with the terms of this license. 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 legal action under this license
more than two years after the cause of action arose.
If you acquire the Program in the United States, this
license is governed by the laws of the State of New
York. If you acquire the Program 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 Program.
This license is the only agreement between you and IBM
regarding your use of the Program. It supersedes all
other communications, understandings or agreements you
and/or IBM may have had outside of this license.
If you do not agree with this license agreement, you
may not download this Program.