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International License Agreement for Early Release of Programs

Part 1 - General Terms

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.

"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.

"IBM" is International Business Machines Corporation or one of its subsidiaries.

"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.

"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).

"You" and "Your" refer either to an individual person or to a single legal entity.

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.

1. License

The Program is owned by IBM or an IBM supplier, and is copyrighted and licensed, not sold.

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.

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.

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.

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.

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.

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.

2. Term

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.

There is no charge for Your use of the Program for the duration of the evaluation period.

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.

3. Rights In Data

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.

4. No Warranty

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.

The exclusion also applies to any of IBM's Program developers and suppliers.

Manufacturers, suppliers, or publishers of non-IBM Programs may provide their own warranties.

5. Limitation of Liability

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.

UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:

1. LOSS OF, OR DAMAGE TO, DATA;
2. SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY ECONOMIC CONSEQU