DOS/V Power Report 1997 September/VPR9709B.ISO/IBM_OS/ICSOS242/LICENSE

Text File | 1997-03-21 | 4KB | 53 lines

License Agreement for Evaluation Products (Export
Versions)

Before downloading the Program, you should carefully read the following terms and conditions.
Any downloading or use of the program indicates your acceptance of the terms and conditions. If
you do not agree to the terms of this agreement, do not download the IBM Internet Connection
Secure Server for OS/2 Warp, Version 4.2 program, (hereinafter referred to as the "Program").

GRANT OF LICENSE: International Business Machines Corporation (IBM), grants you a non-transferable,
non-exclusive license to use 1 copy of the Program for internal use and evaluation purposes within your
enterprise. Please note, the secure portion of the Program will automatically terminate 60 days
from installation unless you order the Program from IBM.

You may not reverse assemble, reverse compile, otherwise translate or discover the source code of the Program,
except as permitted by law without the possibility of contractual waiver. In addition, unless otherwise
specified, you may not rent, lease, sublicense, assign or distribute the Program to any third party and if the
Program is an application development tool you may not otherwise distribute an application created using the
Program. You may not publish or provide results of benchmark tests run with the Program to a third party
without IBM's prior written approval.

You agree that any information or feedback you may provide to IBM in reference to the Program or this
Agreement is non-confidential and you grant IBM a worldwide, fully paid up and irrevocable license to use
this information/feedback for IBM business activities.

TERM AND TERMINATION: Unless IBM notifies you of an earlier date, your license for the secure
version of the Program terminates 60 days after installation unless you order the Program from
IBM. After the 60-day evaluation period, you may continue to use the non-secure version of the
Program for an unlimited term. You may terminate your license at any time by destroying all your copies of
the Program. IBM may terminate your license if you fail to comply with the terms of this Agreement.

DISCLAIMER OF WARRANTY: The Program may not be at the level of performance or compatibility of
generally available IBM products and should not be used for productive use.

The Program is provided "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK
ARISING OUT OF THE USE OR PERFORMANCE OF THIS PROGRAM AND
DOCUMENTATION REMAINS WITH YOU. IN NO EVENT WILL IBM BE LIABLE FOR ANY
LOST PROFITS, LOST SAVINGS, INCIDENTAL OR INDIRECT DAMAGES OR OTHER
ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF IBM OR ITS AUTHORIZED SUPPLER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IBM
AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU
BASED ON ANY THIRD PARTY CLAIM.

Some jurisdictions do not allow the exclusion of implied warranties, or the limitation for consequential
damages, so the above may not apply to you.

Note to U.S. Government Users- Documentation related to Restricted Rights- Use, duplication, or disclosure is
subject to restrictions set forth in GSA ADP Schedule Contract with IBM Corporation.

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 with out regard to conflict of law principles. Regardless of where you access this Program from, you agree
to comply with all applicable United States laws including those regarding the export of data.