OS/2 Shareware BBS: 11 Util/11-Util.zip/iconea.zip/TOOLIC.TXT

Text File | 1994-04-19 | 8KB | 163 lines

                             DAPTOOLS LIBRARY

                             LICENSE AGREEMENT


DAPTOOLS

DAPTOOLS is an on-line database accessible through CompuSERVE and
through the DAP Internet site located at DAP.SVO.COM (192.195.29.5),
which IBM is making available to members of the IBM Personal Software
Products Developer Assistance Programs (DAP).  DAPTOOLS is intended to
facilitate the development of application programs for use with IBM
Personal Software Products operating system platforms including (but
not limited to) OS/2 and PC DOS.  DAPTOOLS includes the following
categories of materials (DAPTOOLS Materials) which you may
electronically download to your workstation and use as described in
this agreement.  DAPTOOLS Materials are files identified with the
descriptive legend "DAPTOOLS LIBRARY Restricted Software."  These
specific materials are listed in the DAPTOOLS file section of
CompuSERVE and at the DAP Internet site DAP.SVO.COM (192.195.29.5) in
the DAPTOOLS.300 disk directory.

    Development Tools.  These are IBM development-level programs and
associated documentation which may be useful in developing application
programs for IBM OS/2 and other Personal Software Products operating
platforms.  IBM has not tested, debugged or documented these programs
to the same extent as programs which IBM makes generally available.
IBM cannot assure that the Development Tools are complete or useable
enough to be suitable for your intended use.

    Demo Programs.  These are sample versions of non-IBM application
development programs that are commercially marketed by other companies
for use with IBM OS/2 and/or other IBM Personal Software Products
operating platforms. The vendors of the Demo Programs have agreed
to make the Demo Programs available for your evaluation through
DAPTOOLS.  IBM does not endorse or guarantee these products.  You
should contact the vendor directly for information about the products
and their availability and pricing.

    Sample Source Programs.  These are machine readable sample programs in
source languages illustrating programming techniques for developing
OS/2 and/or other IBM Personal Software Products application programs.
IBM has not tested, debugged or documented these programs to the same
extent as programs which IBM makes generally available.  IBM cannot
assure that the Development Tools are complete or useable enough to be
suitable for your intended use.


Access to DAPTOOLS and use of DAPTOOLS Materials

You are authorized to use DAPTOOLS only as described herein.  This
Agreement defines the terms and conditions which you may access the
DAPTOOLS library.  Each program has a specific license which governs
the use of the program, which must be accepted prior to downloading
the program.  You agree to comply with the instructions provided by
IBM for access to DAPTOOLS, and you will ensure that any of your
company's employees who access DAPTOOLS or DAPTOOLS Materials will
also comply.

You are responsible for providing the appropriate workstation
hardware, operating system, other software, modem, and telephone line
needed to access DAPTOOLS on CompuSERVE or via the Internet.  You also
are responsible for paying any telephone charges and host connect
charges necessary to connect and communicate with the CompuSERVE node
or the DAP Internet site.

IBM may provide limited technical support if you have questions about
the DAPTOOLS Materials.  You remain responsible for the design of your
application programs and your results in developing and/or marketing
them.

You will use the Development Tools and Sample Source Programs solely
for the purpose of developing, testing or assessing the feasibility of
developing application program(s) for IBM Personal Software Products
operating system platforms.

You will use the Demo Programs solely for the purpose of evaluation
and demonstration within your company.

IBM retains ownership of the DAPTOOLS Materials, including any copies.
You obtain no rights other that those granted in this Agreement.

For use within your company as authorized by this agreement, you may
(a) make a reasonable number of copies of the development tools and
Demo Programs, and (b) merge them with other programs or modify them.
Each copy must contain the copyright notice in the original.  You may
not reverse assemble or reverse compile their program code.  You may
not lend, transfer, sublicense, pledge or assign the Development Tools
or Demo Programs or any copies.  Any attempt to do so is void.

You may copy and distribute the Sample Source Programs in any form
without payment to IBM, for the purposes of developing, using,
marketing and distributing application programs written to the OS/2
application program interface.  Each copy of any portion of the Sample
Source Programs or any derivative work, which is distributed outside
your company, must include a copyright notice as follows:  "(c)
Copyright (your company name) (year).  All Rights Reserved.


Term

Either you or IBM may terminate this Agreement at any time upon 20
days' prior written notice.  IBM may immediately terminate this
Agreement or deny access to DAPTOOLS if IBM believes that you are
violating the terms of this Agreement or if you cease being a member
of the World Wide Developer Assistance Program.

Your authorization to access DAPTOOLS, and your license to use any
downloaded copies of the Development Tools and Demo Programs, will end
upon expiration or termination of this Agreement.  Your license to the
downloaded Sample Source Programs will survive unless IBM terminates
this Agreement due to a violation of the terms.  You agree to return
or destroy the DAPTOOLS Materials when your license ends.


Disclaimers

DAPTOOLS, THE DAPTOOLS MATERIALS, AND ANY RELATED IBM TECHNICAL
SUPPORT ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES.

IN NO EVENT WILL IBM BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT
LIMITED TO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY YOU BASED ON A THIRD PARTY CLAIM.

IBM does not want to receive and you agree not to disclosed to IBM any
information that is confidential or proprietary to you or others.  IBM
is free to use and disclose any information you provide,
notwithstanding any legends to the contrary.


General

This Agreement does not authorize you to use the names or trademarks
of IBM or any other company for any publicity or marketing activities.

Neither you nor IBM has any obligation to purchase anything under this
Agreement.  No agency, partnership, joint venture or other joint
relationship is created by this Agreement.  IBM may enter into the
same or similar agreements with others.

In the case of any conflict between the terms of this Agreement or any
other amendment to it, the terms of this Agreement shall prevail.  All
other terms of the Agreement or any other Amendment to it shall remain
in effect.  Any change or addition to this Agreement must be in
writing signed by you and IBM.

The laws of the State of New York govern this Agreement.

You acknowledge that they have read this Agreement and understand it
and agree to be bound by its terms and conditions.  Further, you agree
that this Agreement is the complete and exclusive statement of the
agreement between you and IBM relating to this subject.  This
statement of agreement supersedes all proposals or prior agreements,
oral or written, and all other communications between the parties
relating to this subject.

By downloading DAPTOOLS Materials, identified as "DAPTOOLS LIBRARY
Restricted Software," you hereby agree to the above terms and
conditions.