 |
|
International License Agreement for Non-Warranted CNF Formulas
| |
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE CNF FORMULAS. IBM WILL LICENSE THE CNF FORMULAS TO YOU ONLY IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. YOUR CLICKING ON THE "ACCEPT" BUTTON INDICATES YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR USE THE CNF FORMULAS.
The CNF Formulas are 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 "CNF Formulas" means the original CNF Formulas and all whole or partial copies, transmutations and derivatives of these models in all forms. A CNF Formula consists of machine-readable description, its components, data, audio-visual content (such as images, text, recordings, or pictures), and related licensed materials.
- License
Use of the CNF Formulas
IBM grants you a nonexclusive license to download, use, and display the CNF Formulas at no charge only for your own personal, non-commercial research only in universities and only by university faculty and students. Use of the CNF Formulas by research groups affiliated with commercial organizations is expressly disallowed. You may copy the CNF Formulas in machine readable form for archive or backup purposes provided that no more than one original and one backup copy may be in existence at any one time. You will reproduce the copyright notice and any other legend of ownership on each copy, or partial copy of the CNF Formulas.
You will ensure that anyone who uses the CNF Formulas does so only in compliance with the terms of this Agreement. You may not 1) use, copy, modify, or distribute the CNF Formulas except as provided in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate the CNF Formulas except as specifically permitted by law without the possibility of contractual waiver; 3) sublicense, rent, or lease the CNF Formulas, or 4) Use or allow the use of the CNF Formulas for benchmarking commercial software without explicit permission from IBM.
- No Warranty
The CNF Formulas are supplied to you on an "AS IS" basis.
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, THE WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE CNF FORMULAS, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE CNF FORMULAS OR TECHNICAL SUPPORT, IF ANY. The exclusion also applies to any of IBM's subcontractors, suppliers, or CNF Formulas developers (collectively called "Suppliers").
- 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.
- General
Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
The term of the license granted to you herein is 10 years beginning on the date of your receipt of the CNF Formulas. Your license expires on the tenth anniversary of that date.
IBM may terminate your license if you fail to comply with the terms of this Agreement.
Upon expiry or termination of your license, you must destroy the CNF Formulas and all copies you made of them.
You agree to comply with all applicable export laws and regulations.
Neither you nor IBM will bring a legal action under this Agreement more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation.
Neither you nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control.
IBM does not provide CNF Formulas services or technical support, unless IBM specifies otherwise.
This Agreement is governed by the laws of the State of New York, without regard to its conflict of laws provisions. Any proceedings to resolve disputes relating to this Agreement will be brought in New York if there is jurisdiction. The parties expressly waive the right to trial by jury in any matter which arises under this Agreement.
License Form
|
|
