IBM Developer Connection Release 2 Program License

License Agreement for the IBM Developer Connection

IBM International License Agreement for the IBM Developer Connection Release 2 Program

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. IBM WILL ONLY LICENSE THE PROGRAM TO YOU IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. REGARDLESS OF HOW YOU ACQUIRE THE PROGRAM (ELECTRONICALLY, PRELOADED, ON MEDIA OR OTHERWISE), BY USING IT YOU AGREE TO THESE TERMS.

I. LICENSE

Subject to the terms and conditions of this Agreement, including, without limitation, the terms and conditions set forth below in Section VII Additional Terms and Conditions and Section VIII Country Unique Terms, IBM grants to you a non-exclusive, non-transferable, non-assignable right, under the applicable IBM copyrights, to use one copy of the PROGRAM on only one machine at any one time.

You may not copy, modify or merge copies of the PROGRAM except as provided in this Agreement. You may not rent, lease, sell, sublicense, assign, distribute or otherwise transfer the PROGRAM except as provided in this Agreement. You may not reverse compile, reverse assemble or translate any part of the PROGRAM, except as specifically permitted by law without the possibility of contractual waiver.

II. COPYRIGHT

The PROGRAM is owned by International Business Machines or its subsidiaries (IBM) or IBM's Suppliers and is copyrighted and licensed, not sold. You may make one copy of the PROGRAM for backup purposes. You must reproduce the copyright notice(s) on such copy of the PROGRAM.

III. TERM AND TERMINATION

You may terminate your license to the PROGRAM at any time by destroying all of your copies of the PROGRAM. In addition, IBM may terminate your license to the PROGRAM if you fail to comply with all the terms and conditions of this Agreement. Upon termination, you agree to destroy all of your copies of the PROGRAM.

IV. NO WARRANTY

SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PROGRAM. THE EXCLUSION ALSO APPLIES TO ANY OF IBM'S SUBCONTRACTORS, SUPPLIERS OR PROGRAM DEVELOPERS (COLLECTIVELY CALLED "SUPPLIERS").

V. LIMITATION OF LIABILITY

NEITHER IBM NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF IBM IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

VI. GENERAL

The laws of the country in which you acquired the PROGRAM govern this Agreement, except in:
 * Australia, the laws of the State or Territory in which the transaction is performed govern this Agreement;
 * Central Europe and Russia, the laws of Austria govern this Agreement;
 * Estonia, Latvia, and Lithuania, the laws of Finland govern this Agreement;
 * Canada, the laws of the Province of Ontario govern this Agreement;
 * the United States and Puerto Rico, and the People's Republic of China, the laws of the State of New York govern this Agreement.

You agree to comply with all applicable governmental laws, regulations, orders and rules, including, without limitation, those that relate to the export of the PROGRAM. This Agreement is the complete and exclusive agreement regarding the PROGRAM and replaces any prior oral or written communications between you and IBM. For a change to be valid, both you and an authorized IBM representative must sign it.

VII. ADDITIONAL TERMS AND CONDITIONS

The PROGRAM consists of the IBM Developer Connection Release 2 CDs, including, without limitation, all object code, sample source code, publications, documentation and other programs and products contained therein.

Unless otherwise provided in this Agreement, you may only use the PROGRAM for the sole purposes of evaluating, testing and developing application programs.

You agree that prior to using any individual component of the PROGRAM (i.e. individual products or programs), you will first read that component's README file. The README file may contain or refer you to additional terms and conditions that apply to that particular component. If any such additional terms or conditions are inconsistent with the terms and conditions of this Agreement, the additional terms and conditions contained in the component's README file shall apply. Using the component shall indicate your agreement to be bound by its additional terms and conditions, if any.

You may make up to an additional ten (10) copies of the PROGRAM. You must reproduce the copyright notice(s) on all such copies of the PROGRAM. The terms and conditions of this Agreement shall apply to and govern all such additional copies of the PROGRAM.

Notwithstanding anything to the contrary in Section III "TERM AND TERMINATION" of this Agreement, unless notified earlier by IBM, your license to the PROGRAM shall automatically terminate upon the general availability of the next Volume of the IBM Developer Connection Release 2 or 18 months after your receipt of this Volume of the IBM Developer Connection Release 2, whichever is sooner.

After your receipt of this Volume of the IBM Developer Connection Release 2, IBM may provide you with program/product updates ("Issues") to this Volume. The terms and conditions of this Agreement shall apply both to this Volume and to any such Issues.

The terms and conditions of this Agreement shall apply to the PROGRAM regardless of your IBM Developer Connection Release 2 level (i.e. Guest, Member, Advanced and Premier Levels).

The PROGRAM may contain sample programs that are furnished by IBM as examples. These examples have not been thoroughly tested under all conditions. IBM, therefore, cannot guarantee or imply reliability, serviceability, or function of these sample programs. You may copy, modify, and distribute these sample programs in any form without payment to IBM, for the purposes of developing, using, marketing and distributing application programs conforming to the application programming interface for the operating platform for which the sample programs are written, provided that:

You agree to defend, hold harmless and indemnify IBM from and against any and all claims, liabilities, damages, expenses and costs arising out of or in connection with your use or distribution of the sample programs, modifications thereof, or your application program(s); and

You do not state that IBM certifies or guarantees the operation of the sample programs or modifications thereof, with any hardware and/or software. Each copy or partial copy of sample programs or any modifications thereof, must include a copyright notice as follows: (C) Copyright (your company name) (year). Portions of this code are derived from IBM Sample Programs. (C) Copyright IBM Corp. 1997. All rights reserved.

IBM may provide technical support for the PROGRAM. Please see the PROGRAM's documentation for details.

The PROGRAM may include components containing pre-release code which may be modified substantially before general availability. These pre-release components may not be at the level of performance or compatibility of generally available IBM products. IBM does not guarantee that any of the pre-release components contained in the PROGRAM will ever be made generally available.

Components of the PROGRAM may contain a disabling device that will prevent them from being used after the expiration of a period of time. You will not tamper with these disabling devices or the components. You should take precautions to avoid any loss of data that might result when the components can no longer be used.

VIII. COUNTRY UNIQUE TERMS

The following terms and conditions may replace or modify the terms and conditions set forth above if you acquired the PROGRAM in any of the countries set forth below.

AUSTRALIA:

No Warranty (Section IV): The warranties specified in this Section are in addition to any rights you may have under the Trade Practices Act or other legislation and are limited only to the extent permitted by the applicable legislation.

Limitation of Liability (Section V): The following paragraph is added to this Section: Where IBM is in breach of a condition or warranty implied by the Trade Practices Act 1974, IBM's liability is limited to: Where IBM supplied services, the cost of having services supplied again; or Where IBM supplied goods, the repair or replacement of the goods, or the supply of equivalent goods.

Where that condition or warranty relates to right to sell, quiet possession or clear title, or the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption, then none of the limitations in this paragraph apply.

NEW ZEALAND:

No Warranty (Section IV): The warranties specified in this Section are in addition to any rights you may have under the Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of any goods or services which we provide, if you require the goods and services for the purposes of a business as defined in the Act.

Limitation of Liability (Section V): The following paragraph should be added to this Section: Where products or services are not acquired for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in the Section are subject to the limitations in that Act.

GERMANY:

No Warranty (Section IV): The warranty for any IBM Program covers the functionality of the Program for its normal use. In case a Program is delivered without specifications, IBM will only warrant that the Program information correctly describes the Program and that the Program can be used according to the Program information. The minimum warranty period is six months.

Limitation of Liability (Section V): The limitations and exclusions specified in the Agreement will not apply to damages caused by us with intention or gross negligence. IBM is liable for assured characteristics.

IRELAND:

No Warranty (Section IV): Except as expressly provided in these terms and conditions, all statutory conditions, including warranties implied, but without prejudice to the generality of the foregoing all warranties implied by the Sale of Goods Act 1893 or the Sale of Goods and Supply of Services Act 1980 are hereby excluded.

ITALY:

(Limitation of Liability (Section V): The clause is replaced by the following: Unless otherwise provided by mandatory law, IBM is not liable for any damages which might arise.

UNITED KINGDOM:

Limitation of Liability (Section V): Add the following paragraph at the end of the first paragraph: The limitation of liability will not apply to any breach of IBM's obligations implied by Section 12 of the Sales of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982.

IX. ADDITIONAL PRODUCT SPECIFIC RIGHTS AND RESTRICTIONS

Notwithstanding anything to the contrary in the IBM International License Agreement for the IBM Developer Connection Release 2 ("PROGRAM"), the following products contained in the PROGRAM have the following additional rights and restrictions:

You may use the IBM Library Reader/2 program solely for the purpose of reading those publications contained in the PROGRAM. You may not use the IBM Library Reader/2 program to read a softcopy book not included in the PROGRAM.

You may use the Source Migration Analysis and Reporting Tool Version 2 solely for the purpose of developing applications on the OS/2 platform.

You may use the DIVE DLL object code and the MIDI object code only for evaluation and testing purposes and only if the DIVE DLL and MIDI code are imbedded in an OS/2 application software program and the code is not independently accessible by the user of the application software program in the normal course of using such application software program.

IBM LICENSE AGREEMENT FOR OS/2 UPDATES AND SERVICE FIXES:

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. USING THE UPDATES AND/OR SERVICE FIXES INDICATES YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS:
 * You must be, and you agree that you are, a current licensee of OS/2.
 * You may make copies of the OS/2 updates and service fixes equal to the number of licensed copies of OS/2 you possess.
 * You may only use the service fixes for maintenance purposes.
 * You may only use the WIN-OS/2 service fixes to maintain copies of OS/2 with WIN-OS/2.
 * If you use the OS/2 updates you agree to destroy all your copies of the code it replaces.

All other terms and conditions of your OS/2 license agreements apply to these updates and service fixes; however, this does not extend any warranty and/or services outlined in such agreements.

The IBM OS/2 Developer's Toolkits contained in the PROGRAM include header files, include files, and audio files. These files have extensions of .H, .HH, .XH, .INC, and .WAV. The Toolkits also contain programming tutorials illustrating OS/2 and multimedia programming techniques. Both executable and source files for these tutorials are included. You may copy and distribute the above header files, include files, audio files, and programming turorials in any form without payment to IBM, for the purposes of developing, using, marketing, and distributing application programs written to the OS/2 and MMPM/2 application programming interface. Each copy or any portion of these programming tutorials or any derivative work thereof, which are distributed to others, must include a copyright notice as follows: "c Copyright (your company name) (year). All Rights Reserved."

The following AIX pre-release Code/Program/Material (DCE Tools, OpenDoc Early Experience Package, and Program Visualizer) have the following additional rights and restrictions:

You may use the Code/Program/Material (and any copies of it) only for internal evaluation and testing purposes. You may make a reasonable number of copies of the Code/Program/Material in support of such evaluation and testing. You agree to reproduce the copyright notice and any other legend of ownership on each copy or partial copy.

You hereby assign to IBM all right, title, and interest (including ownership of copyright) in any data, suggestions, and written materials you provide to IBM. If IBM requires it, you agree to sign an appropriate document to assign such rights.

You agree to:
 * Maintain a record of all copies of the Code/Program/Material.
 * Ensure that anyone who uses the Code/Program/Material does so only for your authorized use and complies with this Agreement. IBM will not provide program services or technical support, unless IBM specifies otherwise.

The AIX Device Drivers in the AIX Sample Code section have the following additional rights:

IBM grants you the non-exclusive, non-assignable, non-transferable right, under the applicable IBM copyrights, to use one copy of the enclosed AIX Device Driver Sample code on a single computer for the sole purposes of designing, developing and testing derivative work(s) which are device drivers for the AIX program (the "AIX Device Driver").

In addition, IBM grants to you the non-exclusive, non-assignable, non-transferable right, under the applicable IBM copyrights to:
 * Reproduce and distribute, in object code form only, the AIX Device Driver Sample Code and/or the permitted derivative work thereof, but only in conjunction with and as part of the AIX Device Driver.
 * Reproduce and distribute the source code and derivative works thereof of the AIX Device Driver to third parties that are current, valid licensees of the DevCon Volume 12 and above; provided you:
 * Do not make any statements to the effect or which imply that the AIX Device Driver is "certified" by IBM or that its performance is guaranteed by IBM.
 * Agree to indemnify, hold harmless and defend IBM and its subsidiaries and their suppliers from and against any and all claims, legal proceedings, liabilities, damages, costs and expenses, including attorney's fees, arising out of or in connection with your distribution of the AIX Device Driver Sample Code.

You must reproduce any copyright notice(s) on each copy, or partial copy, of the AIX Device Driver Sample Code.

EZWindow Version 7.2 has the following additional rights:

IBM grants you the non-exclusive, non-assignable, non-transferable right, under the applicable IBM copyrights, to use one copy of the enclosed EZWindow code (Version 7.2 ) on a single computer for the sole purposes of designing and developing application program(s) written to the AIX application programming interface.

In addition, IBM grants to you the non-exclusive, non-assignable, non-transferable right, under the applicable IBM copyrights to:
 * Reproduce and distribute, in object code form only, the EZWindow Version 7.2 code but only in conjunction with and as part of the application program written to the AIX application programming interface, provided you:
 * Do not make any statements to the effect or which imply that the EZWindow Code is "certified" by IBM or that its performance is guaranteed by IBM.
 * Agree to indemnify, hold harmless and defend IBM and its subsidiaries and their suppliers from and against any and all claims, legal proceedings, liabilities, damages, costs and expenses, including attorney's fees, arising out of or in connection with your distribution of the EZWindow code.

You must reproduce any copyright notice(s) on each copy, or partial copy, of the EZWindow code.

The OS/2 Device Drivers consist of: (1) IBM Code, (2) Tools and Lib Code and (3) On-Line Written Materials. See individual directories for details.

IBM Code Additional License Terms

You may use the IBM Code for the sole purposes of designing, developing and testing derivative work(s) which are device drivers for the OS/2 program (the "OS/2 Device Driver"). However, the Adobe Font Matrixes (AFM files) and the Postscript Printer Descriptions (PPD) provided as part of the IBM Code are not modifiable and may not be altered in any way from their original form.

In addition, IBM grants to you the non-exclusive, non-assignable, non-transferable right, under the applicable IBM copyrights, to reproduce and distribute, in object code form only, the IBM Code and/or the permitted derivative work thereof, but only in conjunction with and as part of the OS/2 Device Driver and only if you:

Do not make any statements to the effect or which imply that the OS/2 Device Driver is "certified" by IBM or that its performance is guaranteed by IBM

Agree to indemnify, hold harmless and defend IBM and its subsidiaries and their suppliers from and against any and all claims, legal proceedings, liabilities, damages, costs and expenses, including attorney's fees, arising out of or in connection with your distribution of the IBM Code and/or the OS/2 Device Driver.

You must reproduce any copyright notice(s) on each copy, or partial copy, of the IBM Code. If you redistribute any of the AFM and/or PPD files you must include the following copyright notice: "Copyright 1988,1989 Adobe Systems Incorporated. All Rights Reserved."

Under this license you may not:
 * Display copies of this IBM Code except as provided in this agreement.
 * Disclose, display, disseminate, market or distribute source code of either the IBM Code or the OS/2 Device Driver in any media, except for your own internal use by you or your full-time employees on a need to know basis on your premises.

Tools and Lib Code Additional License Terms

You may use the Tools and Lib Code, in object code form only, and only for your internal use and for the sole purpose of designing, developing and testing the OS/2 Device Driver.

Under this license you may not:
 * Use the Tools and Lib Code except as provided in this agreement.
 * Display copies of Tools and Lib Code except as provided in this agreement.

Online Written Materials License Terms

You may use the Online Written Materials solely for your internal use and soley for the purposes of designing, developing and testing the OS/2 Device Drivers.

Under this license you may not:
 * Use the Online Written Materials except as provided in this agreement.
 * Display the Online Written Materials except as provided in this agreement.

Non-Disclosure

You expressly undertake to retain in trust and confidence all information and know-how transmitted to you by IBM that IBM has identified as proprietary or confidential or that by the nature of the circumstances surrounding the disclosure ought in good faith to be treated as proprietary or confidential, (including, but no limited to, source code) and you agree that you will make no use of such information and know-how except under the terms of this agreement. You are required to execute appropriate written agreements with your employees, consultants and distributors sufficient to enable you to comply with all provisions of this agreement. The above non-disclosure provisions shall terminate when the confidential information or source code becomes publicly available through no fault of yours or for a period of 10 years from disclosure. In addition, you agree to maintain adequate procedures to prevent loss of any materials contained in the Product. You agree to notify IBM of any such loss immediately.

Limitation of Remedy

IBM AND ITS SUBSIDIARIES SHALL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIMS.

The limitation of remedies in the IBM International License Agreement, as well as in this file, also apply to any developer of the Product. IBM's and the developer's limitation of remedies are not cumulative. Such developer is an intended beneficiary of this Section.

General

You may make one copy of the Product for backup or archival purposes. If either party terminates this licence, the non-disclosure provisions of this license shall survive any such termination. You are responsible for payment of any taxes, including personal property taxes, resulting from this license.

Discs (1) through (13) and (15) of the Premier Level IBM Developer Connection Release 2 which feature BESTeam software programs are governed by the International License Agreement for the IBM Developer Connection Release 2 as well as the additional terms and conditions set forth below. Your use of Discs (1) through (13) and (15) acknowledges your acceptance of these additional terms and conditions. If the additional terms and conditions are inconsistent with the terms and conditions of the International License Agreement for the IBM Developer Connection Release 2, the additional terms and conditions set forth below shall apply. If you do not agree to these additional terms and conditions you may not use Discs (1) through (13) and (15) and you must promptly return them to IBM.

Additional terms and conditions for Disc (1) through (13) and (15):

Discs (1) through (13) and (15) are only provided so that you can become more familiar with the included IBM products via hands-on experience.

Additional terms and conditions for the products contained on Discs (1) through (13) and (15) may be contained in the README. NOW file on Discs (1) through (13) and (15). Your use of these products acknowledges your acceptance of any such additional terms and conditions.

X. ADDITIONAL PRODUCT SPECIFIC TERM AND TERMINATION

Except as stated in the IBM International License Agreement for the IBM Developer Connection Release 2, your license for the following products shall terminate as follows:

alphaWork's Technology's: ADK for Win 3.1, Agent Building Environment, Bamba, Aglet's Workbench, IRC Client for Java, PanoramIX, NetRexx, SNA for Java, Techexplorer, JRES, and J-Empower terminates 90 days after the receipt of this issue of The PROGRAM or upon receipt of the next issue of The PROGRAM, whichever occurs sooner.

If IBM makes the AIX pre-release Code/Program/Material generally available prior to the above date of termination, your license to such Code/Program/Material shall terminate 10 days after IBM makes them generally available.

Your license to the OS/2 Warp Version 3 NLS demos terminates 30 days after installation.

Your license to the OS/2 Warp Version 4 terminates 90 days after installation. Prior to the above dates of termination:

You may terminate your license at any time by destroying all of your copies of the PROGRAM.

IBM may terminate your license if you fail to comply with all the terms and conditions of this Agreement. Upon termination, you agree to destroy all your copies of the PROGRAM or the applicable programs.

Notwithstanding anything to the contrary above, if you continue to comply with the terms and conditions of this Agreement, your license to the sample source code, IBM on-line publications, EZWindow Version 7.2 code shall survive termination.

Toolkits: If this is your final volume of The PROGRAM and you have not renewed your subscription, you may continue to use the following toolkits beyond termination as long as you abide by all other terms and conditions of this Agreement: The Developer's Toolkit for OS/2 2.1, Pen for OS/2 Warp Developer's Toolkit, TCP/IP Version 3.0 for OS/2 Programmer's Toolkit, The Developer's Toolkit for OS/2 Warp Version 3, and The Developer's Toolkit for OS/2 Warp Version 4.