PLEASE READ THIS CAREFULLY. YOUR USE OF ANY OF THE SOFTWARE CONTAINED ON THIS COMPACT DISK ("PROGRAM") INDICATES YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS ("AGREEMENT"). IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT INSTALL OR USE ANY OF THE PROGRAMS.
International Business Machines Corporation (IBM) has provided you with this promotional compact disk so that you can experiment with some emerging programs written in Java. The Programs provided on this compact disk include both IBM-developed software as well as software that has been developed outside of IBM, and each Program may be at a different stage of development (i.e., some are betas, others are generally commercially available software, etc.). Therefore, each Program is licensed to you under a separate license agreement included with the Program. In many cases, you will not receive any license to a Program from IBM at all. IBM is not responsible for: 1) the accuracy, timeliness, completeness of any of the Programs; 2) loss or damage to your records or data; or 3) your use of, or results achieved from, any of the Programs.
You agree that IBM may publish information and communications that you send to IBM relating to any of the Programs.
IN NO EVENT WILL IBM BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, INCIDENTAL OR INDIRECT DAMAGES OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF IBM OR ITS AUTHORIZED SUPPLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IBM AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM. Some jurisdictions do not allow for the limitation for consequential damages, so the above may not apply to you.
For those Programs that contain a license agreement from a third party, this Agreement is the exclusive understanding and agreement between you and IBM regarding such Programs.
