Early Release Software Program License Agreement For JCOP Toolset and Related Software
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING
THE PROGRAM.
IBM WILL LICENSE THIS PROGRAM TO YOU
ONLY IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT.
BY USING THE PROGRAM YOU AGREE TO THESE TERMS. IF YOU
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY
RETURN THE UNUSED PROGRAM TO IBM.
The Program is owned by International Business Machines Corporation or one of its subsidiaries (IBM) or an IBM supplier, and is copyrighted and licensed, not sold.
The term "Program" means the original program and all whole or partial copies of it. A program consists of machine-readable instructions, its components, data, audiovisual content (such as images, text, recordings, or pictures), and related licensed materials.
The term "Early Release" means that the Program is not formally released or generally available. The term does not imply that the Program will be formally released or made generally available. IBM does not guarantee that a Program formally released or made generally available will be similar to, or compatible with, Early Release versions.
The Program 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 Program. Do not install this software if you are not accustomed to using experimental software.
The Program is made available without charge in the experimental stage in order to allow you to evaluate the Program in its developmental stage. We encourage your feedback and suggestions.
This Agreement is the complete agreement regarding the use of this Program, and replaces any prior oral or written communications between you and IBM.
License
IBM grants you a nonexclusive, nontransferable license to use the Program.
You may 1) use the Program only for internal evaluation or testing purposes and 2) make and i nstall a reasonable number of copies of the Program in support of such use, unless IBM identifies a specific number of copies in the documentation accompanying the Program. The terms of this license apply to each copy you make. You will reproduce the copyright notice and any other legends of ownership on each copy, or partial copy, of the Program.
THE PROGRAM MAY CONTAIN A DISABLING DEVICE THAT WILL PREVENT IT FROM BEING USED UPON EXPIRATION OF THIS LICENSE. YOU WILL 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.
You will 1) maintain a record of all copies of the Program and 2) ensure that anyone who uses the Program does so only for your authorized use and in compliance with the terms of this Agreement.
You may not 1) use, copy, modify, or distribute the Program except as provided in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver; or 3) sublicense, rent, or lease the Program.
Implied licenses are negated.
This license begins with your first use of the Program and ends 1) as of the duration or date specified in the documentation accompanying the Program; 2) when the Program automatically disables itself; or 3) when IBM makes the Program generally available. Unless IBM specifies in the documentation accompanying the Program that you may retain the Program (in which case, an additional charge may apply), you will destroy the Program and all copies made of it within ten days of when this license ends.
IBM may terminate this license if you fail to comply with the terms of this Agreement. If IBM does so, you must immediately destroy the Program and all copies you made of it.
No Warranty
IBM LICENSES THE PROGRAM 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 WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using this Program and assume all risks associated with the use of this Program, 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.
Limitation of Liability
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.
Rights In Data
You hereby assign to IBM all right, title, and interest (including ownership of copyright) in any data, suggestions, and written materials related to your use of the Program you provide to IBM. If IBM requires it, you will sign an appropriate document to assign such rights.
General
You may not export the Program.
This Agreement is governed by the laws of the State of New York.
Java and all Java-based trademarks and logos are trademarks or registered trademarks of Sun Microsystems, Inc. in the United States and other countries.
IBM, JCOP, and BlueZ trademarks and logos are trademarks or registered trademarks of International Business Machines Corp. in the United States and other countries.