PLEASE READ THIS LICENSE AGREEMENT FOR IBM INFOMARKET NEWSTICKER CAREFULLY. YOU ARE ONLY PERMITTED TO USE THE ACCOMPANYING PROGRAM (AS DEFINED BELOW) IF YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE ACCOMPANYING PROGRAM CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
The Program is owned by the International Business Machines Corporation or one of its subsidiaries (collectively "IBM") or IBM's Suppliers (as defined below), and is copyrighted and licensed, not sold. The term "Program" means the original software program licensed hereunder, including all whole or partial copies thereof, and all related documentation. The Program, when installed on a properly configured computer system, allows you to access news and information ("Information") which is the intellectual property of IBM's Suppliers.
PROGRAM LICENSE
IBM grants you a nonexclusive license to use the Program for your own personal purposes. You may copy the Program for backup purposes, or if you wish to give a copy of the Program to another party. You agree to reproduce the copyright notice and any other legend of ownership on any copy or partial copy of the Program. If you wish to transfer a copy of this Program to another party, you must provide that party with a complete, unaltered copy of the Program and a copy of this Agreement. You may not transfer a copy of this Program to another party unless that other party agrees to comply with the terms and conditions of this Agreement.
You agree not to do any of the following: 1) use or copy the Program except as provided in this Agreement; or 2) reverse assemble, reverse compile, or otherwise translate the Program.
PERMITTED USE OF INFORMATION
You may use the Information accessed using the Program only for your personal, non-commercial, lawful purposes. Any other use of the Information (such as reproduction, resale, publication, distribution or transmission) is not permitted. IBM may, at any time, 1) revoke your access to the Information or 2) modify, change or withdraw the Information, in whole or in part.
NO WARRANTY
IBM provides the Program and the Information on an "AS IS" basis.
IN ADDITION, IBM MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONCERNING THE INFORMATION, OR THE FUNCTION, PERFORMANCE OR DOCUMENTATION FOR THE PROGRAM.
LIMITATION OF LIABILITY
IBM WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF IBM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This limitation also applies to any of our subcontractors, suppliers or program developers (collectively called "Suppliers").
GENERAL
Neither IBM nor its Suppliers are responsible for: 1) the accuracy, completeness, timeliness, reliability, content or availability of the Information; 2) loss or damage to your records or data; or 3) your use of or results achieved from, the Program or the Information.
IBM will not provide any program services or technical support for the Program.
IBM may terminate your license to the Program immediately if you fail to comply with the terms and conditions of this Agreement. If we do so, you agree to immediately destroy the Program and all copies you made of it.
Neither of us will bring a legal action under this Agreement more than two years after the cause of action arose.
This Agreement is the complete and exclusive agreement regarding the Program and the Information and replaces any prior oral or written communications between you and IBM.
This Agreement is entered into in the State of New York, U.S.A. and governed by the laws of the State of New York. IBM provides this Program and the Information to you in the United States and you agree to comply with all applicable United States laws, including those regarding the export of data. You are also responsible for complying with all other laws, rules and regulations that may be applicable to your use of the Program and the Information.
