License Agreement for the Introductory Edition of the IBM techexplorer Hypermedia Browser, Version 3.1 (a plug-in that runs with Netscape Navigator and Microsoft Internet Explorer). Before downloading or using this Program, you must agree to the terms and conditions of this license agreement.
This 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. This Program is subject to U.S. Government Restricted Rights - Use, duplication, or disclosure restricted by GSA ADP Schedule Contract with the IBM Corporation.
IBM grants you a non-exclusive license of the Program in the country in which you acquired the Program. The term "Program" means the original program and any whole or partial copies of it, including portions merged into other programs. A Program consists of machine-readable instructions, audio/visual content (such as images, text, recordings or pictures), and related licensed materials.
Under this license, you may: (1) use the Program on only one machine, or if it is inoperable, on a backup machine; (2) copy the Program for backup purposes; (3) merge the Program into another program. You must reproduce the copyright notice and any other legend of ownership on each copy or partial copy of the Program.
You may not: (1) copy, merge, distribute, sublicense, lease or rent the Program except as specifically permitted by this license; (2) reverse assemble, reverse compile, or otherwise translate the Program.
You may transfer all your rights and obligations under this license for the Program to another party. To transfer such rights and obligations, you must transfer a copy of this license, all other documentation (including proof of entitlement), and at least one complete, unaltered copy of the Program to the other party. Upon transferring your rights, your license is then terminated and you agree to destroy any copies remaining in your possession.
IBM is offering the Program to you at no charge under this license.
IBM is not providing any program services under this license.
Regardless of the basis on which you may be entitled to recover damages from IBM, for any claim (including fundamental breach, negligence, misrepresentation or other tort), IBM's liability will only be for the amount of any actual direct damages or loss, up to the equivalent of U.S. $5,000.00.
IBM license this 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 IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The entire risk arising from the use of the Program remains with you. 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 SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF IBM, OR ITS DISTRIBUTOR, 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. 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 may terminate your license at any time. If you do so, all your license rights to the Program are terminated. IBM may terminate your license if you fail to comply with the terms of this license. If IBM does so, all your license rights to the Program are terminated and you must destroy all your copies of it.
Neither party may bring legal action under this license more than two years after the cause of action arose.
If you acquire the Program in the United States, this license is governed by the laws of the State of New York. If you acquire the Program in Canada, this license is governed by the laws of the Province of Ontario. Otherwise, this license is governed by the laws of the country in which you acquire the Program.
This license is the only agreement between you and IBM regarding your use of the Program. It supersedes all other communications, understandings or agreements you and/or IBM may have had outside of this license.
If you do not agree with this license agreement, you may not download this Program.