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International License Agreement for Early Release of
Programs<br>
<br>
Part 1 - General Terms<br>
<br>
THIS INTERNATIONAL LICENSE AGREEMENT FOR EARLY RELEASE OF
PROGRAMS ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU AND IBM. BY
DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE PROGRAM YOU
AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE
TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL
ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO
BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS.<br>
<br>
"Early Release" is a release of a Program that (1) may
still be under development (and therefore, is potentially
unreliable) or (2) may no longer be under development but has not been
made commercially available to users.<br>
<br>
"IBM" is International Business Machines Corporation or one
of its subsidiaries.<br>
<br>
"License Information" ("LI") is a document that provides
information and terms specific to a Program. The Program's LI is
available in a file in the Program's directory, by the use of a
system command, or as a booklet that accompanies the Program.<br>
<br>
"Program" is one or more of the following, including the
original and all whole or partial copies: 1) machine-readable
instructions and data, 2) human readable software components, 3) audio-
visual content (such as images, text, recordings, or pictures), 4)
related licensed materials, 5) license use documents or keys, (6)
associated documentation, and (7) any enhancements, updates or
materials that IBM may elect in its discretion to provide to You as
Support (as described below).<br>
<br>
"You" and "Your" refer either to an individual person or to
a single legal entity.<br>
<br>
This Agreement includes Part 1 - General Terms, Part 2 -
Country-unique Terms (if any), and License Information and is the
complete agreement between You and IBM regarding the use of the
Program. It replaces any prior oral or written communications
between You and IBM concerning Your use of the Program. The terms
of Part 2 and the License Information may replace or modify
those of Part 1.<br>
<br>
1. License<br>
<br>
The Program is owned by IBM or an IBM supplier, and is
copyrighted and licensed, not sold.<br>
<br>
IBM grants You a limited, nonexclusive, nontransferable
license to download, install, and use the Program during the
evaluation period solely for internal testing and evaluation purposes
and to provide feedback to IBM.<br>
<br>
You may make a backup copy of the Program to support such
use. You are not authorized to use the Program for productive
purposes or to distribute the Program or any of its parts. You may
not modify or create derivative works of the Program. The
terms of this license apply to each copy that You make. You must
reproduce all copyright notices and all other legends of ownership on
each copy, or partial copy, of the Program.<br>
<br>
You will 1) maintain a record of any copies of the Program
and 2) ensure that anyone who uses the Program (accessed either
locally or remotely) does so only for Your authorized use, and
complies with the terms of this Agreement.<br>
<br>
You may not: 1) use, copy, modify, transfer or distribute
the Program except as provided in this Agreement; 2) reverse
assemble, reverse compile, or otherwise translate the Program into
human-readable form or into another program language (except as
may be specifically permitted by law without the possibility of
contractual waiver); 3) sublicense, rent, or lease the Program; or 4)
use the Program on a service-bureau basis.<br>
<br>
This license does not entitle You to receive from IBM hard-
copy documentation, support, telephone assistance, or
enhancements or updates to the Program (collectively, "Support"),
although IBM, at its sole discretion may choose to provide such
Support. Any enhancements, updates and other materials provided by
IBM as part of Support are considered to be part of the Program
and therefore governed by this Agreement.<br>
<br>
THE PROGRAM MAY CONTAIN A DISABLING DEVICE THAT WILL
PREVENT IT FROM BEING USED AFTER THE EVALUATION PERIOD ENDS. YOU
MAY NOT TAMPER WITH THIS DISABLING DEVICE OR THE PROGRAM. YOU
SHOULD TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT
RESULT WHEN THE PROGRAM CAN NO LONGER BE USED.<br>
<br>
2. Term<br>
<br>
The evaluation period begins when You agree to the terms of
this Agreement and ends upon the earliest of 1) the end date (if
any) specified in the License Information, 2) the date on which
the Program automatically disables itself, or 3) the date on
which IBM makes the program commercially available. Your license
to the Program terminates at the end of the evaluation period,
and You will destroy the Program and all copies made of it
within 10 days of the end of the evaluation period.<br>
<br>
There is no charge for Your use of the Program for the
duration of the evaluation period.<br>
<br>
IBM may terminate Your license if You fail to comply with
the terms of this Agreement. If IBM does so, You must destroy
all copies of the Program.<br>
<br>
3. Rights In Data<br>
<br>
You assign to IBM all right, title, and interest (including
ownership of copyright) in any data, suggestions, or written
materials that 1) are related to the Program and 2) You provide to
IBM. If IBM requires it, You will sign an appropriate document
to assign such rights. To the extent not otherwise covered by
your grant under the first sentence of this Section 3, with
respect to any idea, know-how, concept, technique, invention,
discovery or improvement, whether or not patentable, related to the
Program and that you provide to IBM, You grant to IBM a non-
exclusive, irrevocable, unrestricted, worldwide and paid-up right and
license to include the foregoing in any product or service, and to
use, manufacture and market any such product or service, and to
allow others to do any of the foregoing.<br>
<br>
4. No Warranty<br>
<br>
SUBJECT TO STATUTORY WARRANTIES, IF ANY, THAT CANNOT BE
EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-
INFRINGEMENT, REGARDING THE PROGRAM OR TECHNICAL SUPPORT, IF ANY.<br>
<br>
The exclusion also applies to any of IBM's Program
developers and suppliers.<br>
<br>
Manufacturers, suppliers, or publishers of non-IBM Programs
may provide their own warranties.<br>
<br>
5. Limitation of Liability<br>
<br>
Circumstances may arise where, because of a default on
IBM's part or other liability, You are entitled to recover
damages from IBM. Regardless of the basis on which You may be
entitled to claim damages from IBM, (including fundamental breach,
negligence, misrepresentation, or other contract or tort claim), IBM is
liable for no more than 1) damages for bodily injury (including
death) and damage to real property and tangible personal property
and 2) the amount of any other actual direct damages up to a
total of U.S. $25,000 (or equivalent in local currency) for all
claims in the aggregate. This limitation of liability also
applies to IBM's Program developers and suppliers. It is the
maximum for which they and IBM are collectively responsible.<br>
<br>
UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR
SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR
POSSIBILITY:<br>
<br>
1. LOSS OF, OR DAMAGE TO, DATA;<br>
2. SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR PUNITIVE
DAMAGES, OR FOR ANY ECONOMIC CONSEQU