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2000-07-30
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101 lines
License Agreement for IBM SystemView Agent
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS.
YOU MUST AGREE TO THESE TERMS BEFORE YOU DOWNLOAD, INSTALL OR USE THIS
SOFTWARE. ANY SUCH DOWNLOADING OR USE INDICATES YOUR ACCEPTANCE OF
THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE PROGRAM.
LICENSE GRANT
A. International Business Machines Corporation (IBM) grants you a
non-exclusive, nontransferable license to use the IBM SystemView Agent
(the "Software"). The Software is copyrighted and licensed (not sold). IBM
does not transfer titl to the Software to you. You obtain no rights other
than those granted under this license.
B. Under this license, you may:
1. Use the Software on one or more machines at a time for the
development and testing of your software applications;
2. Make copies of the Software for use or backup purposes within
your enterprise, provided you reproduce the copyright notice and any
other legend of ownership on each copy or partial copy of the Software;
3. Reproduce and distribute the Software solely in object code
format, as integrated in the applications which you develop, provided
that you a) do not make any statements to the effect or which imply
that your application is "certified" or otherwise endorsed by IBM, or
that its performance is guaranteed by IBM and b) indemnify, hold
harmless and defend IBM and its suppliers from and against any claims
or lawsuits, including damages and attorneys fees, that arise from the
distribution of your application.
C. Under this license you MAY NOT
1. Rent, lease, or assign the Software;
2. Modify the Software, except as explicitly stated above; and
3. Attempt to decompile, disassemble or otherwise translate the
Software, except to the extent applicable laws specifically prohibit
such restriction.
D. Except as expressly stated above, IBM does not grant any other licenses,
express or implied, by estoppel or otherwise, to any intellectual
property rights.
NO LIABILITY
The Software is provided gratuitously and, accordingly, IBM shall not
be liable under any theory for any damages suffered by you or any third
party, even if IBM is informed of their possibility.
NO WARRANTIES
A. THIS SOFTWARE IS PROVIDED "AS IS." IBM DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
B. IBM does not warrant uninterrupted or error free operation of the
Software. IBM does not warrant that the Software is free from claims by any
party of copyright, patent, trademark, trade secret, or any other intellectual
property infringement.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF LIABILITY OR IMPLIED
WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
GENERAL
A. IBM reserves the right at any time to alter prices, features,
specifications, capabilities, functions, licensing terms, release dates,
general availability or other characteristics of the Software. IBM has no
obligation to provide service, defect correction, or any maintenance for
the Software. IBM has no obligation to supply Software updates or enhancements
to you even if such are or later become available.
B. You may terminate this license at any time. IBM may terminate this
license if you fail to comply with any of its terms. In either event, you must
destroy all your copies of the Software.
C. You are responsible for the payment of any taxes resulting from this
license.
D. You may not sell, transfer, or assign any of your rights or obligations
under this license. Any attempt to do so is void.
E. You may not bring a legal action more than two years after the cause of
action arose. This license is governed by the laws of the State of New York,
exclusive of its conflicts of laws provisions. You hereby waive your right to
a trial by jury an agree that any action arising from the relationship
of the parties to this license shall be decided by a court without a jury.
F. Use, duplication or disclosure by the Government is subject to the GSA
ADP schedule with IBM.
G You may not download or otherwise export or re-export the Software or
any underlying information or technology except in full compliance with all
United States and other applicable laws and regulations.
IF YOU DO NOT AGREE WITH THIS LICENSE AGREEMENT, DO NOT DOWNLOAD, INSTALL OR
USE THIS SOFTWARE. ANY SUCH ACTIONS INDICATE YOUR ACCEPTANCE OF THE TERMS
HEREIN.