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notices.txt
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1996-09-23
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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 regarding your use of the Software. It
supersedes all other communications, understandings or
agreements we may have had prior to this evaluation license.
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.