IBM ALPHAWORKS LICENSE AGREEMENT
PLEASE READ THIS IBM ALPHAWORKS LICENSE AGREEMENT (CALLED THE
"AGREEMENT") CAREFULLY. YOU MUST AGREE TO 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 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 this Software. DO NOT INSTALL THIS SOFTWARE IF
YOU ARE NOT ACCUSTOMED TO USING EXPERIMENTAL SOFTWARE.
- Ownership and License.
The Software is owned by International Business Machines Corporation or one of its
subsidiaries (collectively "IBM") and is copyrighted and licensed, not sold.
IBM grants you a world-wide, non-exclusive, non-transferable, royalty-free copyright license
to: 1) download, reproduce and create derivative works from the object code and source
code versions of the Software; and 2) distribute the Software and derivative works thereof, in
object code only, and only when you provide some "value-add" with the Software. Examples
of value-add would be other software or hardware products. No license to any other IBM
intellectual property is granted hereunder.
IBM wishes to continually improve upon the Software. You agree to provide to IBM a copy
of any modifications to the Software that you develop or otherwise receive ("Software
Modifications") by promptly sending a copy of all such Software Modifications, in source code form, to:
alphwks@us.ibm.com. You hereby grant to IBM a world-wide, non-exclusive, non-transferable, irrevocable,
royalty-free license to execute, reproduce, create derivative works from and distribute the
Software Modifications and derivative works thereof.
- Termination
IBM may request, upon thirty (30)
days notice that you discontinue further use and distribution of the Software and that you delete or
destroy all copies of the Software you possess (except for one copy that may be kept in your
archives). You agree that you will comply with such a request. Any licenses to the Software
that you granted to your customers prior to such termination will continue to be in effect
following such termination. For purposes of this Section, a written notice posted by IBM on the Alphaworks website located at alphwks@us.ibm.com. shall be deemed to constitute sufficient notice.
- 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, the records or data
of any third party, 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.
You agree to distribute the Software and any derivative works thereof under a license
agreement that: 1) is sufficient to notify all licensees of the Software and any derivatives thereof
that IBM assumes no liability for any claim that may arise regarding the Software or any
derivative works thereof; and 2) that disclaims all warranties, both express and implied, from
IBM regarding the Software and any derivative works thereof. You further agree not to alter or remove any copyright or other proprietary notices placed by IBM on the Software.
You agree that whenever you distribute the Software, the product packaging and marketing
collateral for the value-added product that includes the Software will contain a statement that
the Software is incorporated therein.
- Rights in Data
We encourage your feedback and suggestions and want to use your feedback to improve the
Software and the alphaWorks program.
You hereby grant to IBM a royalty-free, worldwide, irrevocable license under all intellectual property
rights (including without limitation patent and 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.
- General
This Agreement is governed by the laws of the State of New York.
This Agreement does not grant yYou or your licensees the right to use any IBM trademark or
name.
This Agreement is the only understanding and agreement we have regarding your use of the
Software. It supersedes all other communications, understandings or agreements, oral or written,
we may have had prior to this Agreement.