THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND THE IBM CORPORATION. BEFORE DOWNLOADING OR USING THE CODE AND/OR DOCUMENTATION (HEREINAFTER "PROGRAM") YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. DOWNLOADING OR USING THE PROGRAM INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT DOWNLOAD OR USE THE PROGRAM.
I. GRANT OF LICENSE. Subject to the terms and conditions of this Agreement, IBM grants to you a non-exclusive, non-transferable, non-assignable right, under the applicable IBM copyrights, to use one copy of the PROGRAM on only one machine at any one time.
You may not copy, modify or merge copies of the PROGRAM except as provided in this Agreement. You may not rent, lease, sell, sublicense, assign, distribute or otherwise transfer the PROGRAM except as provided in this Agreement. You may not reverse compile, or reverse assemble any part of the PROGRAM.
II. COPYRIGHT. The PROGRAM is licensed not sold. The PROGRAM is owned by IBM or its suppliers and is protected by United States copyright laws. You may make one copy of the PROGRAM for backup purposes. You must reproduce the copyright notice(s) on such copy of the PROGRAM.
III. TERM AND TERMINATION. You may terminate your license to the PROGRAM at any time by destroying all of your copies of the PROGRAM. In addition, IBM may terminate your license to the PROGRAM if you fail to comply with all the terms and conditions of this Agreement. Upon termination, you agree to destroy all your copies of the PROGRAM.
IV. DISCLAIMER OF WARRANTY. THE PROGRAM IS PROVIDED "AS IS." IBM MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM. IBM EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OF PERFORMANCE OF THE PROGRAM REMAINS WITH YOU.
In no event will IBM or its suppliers be liable for any incidental, indirect, special or consequential damages including, but not limited to, lost profits and lost savings, under any part of this Agreement even if IBM, or its supplier has been advised oris aware of the possibility of such damages. In addition, IBM will not be liable for any damages claimed by you based on any third part claim.
Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of consequential damages, so the above provisions relating thereto may not apply to you.
V. GENERAL. If you use the PROGRAM in the United States, this license is governed by the substantive laws of the State of New York (excluding choice of law rules). If you use 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 use the PROGRAM.
*IBM is a registered trademark of International Business Machines Corporation.
*Netscape Navigator is a trademark of Netscape Communications Corporation.
