IBM ALPHAWORKS LICENSE AGREEMENT
alphaWorks Non-terminating Trial License
Please read this IBM alphaWorks license agreement (called the "Agreement") carefully. Your use
of the software or any related documentation (called the "Software") indicates your acceptance of
the following terms and conditions. If you do not agree to these terms and conditions, you may not
install or use the Software.
Notice: The Software that is made available through the alphaWorks project is not generally
available software. It has not undergone complete testing and may contain errors. It may not
function properly and is subject to change or withdrawal at any time. No support or maintenance is
provided with the Software. Do not install this software if you are not accustomed to using
experimental software.
The alphaWorks Software is made available without charge in the experimental stage in order to
allow you to evaluate the Software in its developmental stage. We encourage your feedback and
suggestions.
1. Ownership and License.
The Software is owned by International Business Machines Corporation or one of its subsidiaries
("IBM") and is copyrighted and licensed, not sold.
IBM grants you a non-exclusive, non-transferable license to download the Software and use it only
for your personal, non-commercial and lawful end use. Implied licenses are negated.
You may copy the Software for backup only. You may not: 1) merge, distribute (for free or for sale)
or sublicense the Software; 2) reverse assemble, reverse compile, or otherwise translate the
Software.
2. Term and Termination
IBM retains the right to terminate this license at any time with or without any prior notification.
Upon such termination you will delete or destroy all copies of the Software.
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. You
are solely responsible for determining the appropriateness of using this Software and assume all
risks associated with the use of this Software, including but not limited to the risks of program
errors, damage to or loss of data, programs or equipment, and unavailability or interruption of
operations. 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 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. License Rights
You hereby grant to IBM an irrevocable license under all intellectual property rights (including
copyright) to use, copy, distribute, sublicense, display, perform and prepare derivative works based
upon any feedback, including materials, fixes, error corrections, enhancements, suggestions and
the like that you provide to IBM.
5. General
This Agreement is governed by the laws of the State of New York.
This Agreement 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 Agreement.