IBM XML4J Distribution LICENSE AGREEMENT
PLEASE READ THIS IBM XML4J DISTRIBUTION LICENSE
AGREEMENT (called the "Agreement") CAREFULLY. Your use of the
software or any related documentation (called the "Software") indicates
your acceptance of the following terms and conditions. If you do not
agree to these terms and conditions, you may not install or use the
Software or exercise any of the rights granted hereunder.
NOTICE: The Software that is made available through the alphaWorks
project is not generally available software. It has not undergone testing
and may contain errors. It may not function properly. No support or maintenance
is provided with this Software. Do not install or distribute the Software if you are not
accustomed to using or distributing experimental software.
1. Ownership and License.
The Software is provided by International Business Machines Corporation
or one of its subsidiaries ("IBM") and is copyrighted and licensed, not
sold.
Subject to the terms of this Agreement, IBM grants you a world-wide, non-exclusive,
non-transferable, royalty-free license, under IBM copyrights in the Software, to:
1) download, reproduce and prepare
derivative works from the object code and source code versions of the Software; and 2)
distribute the Software and derivative works thereof ("Software Modifications"), in object
code only, and only when you package substantial "value-add" with the Software or
Software Modifications. Examples of value-add would be other software products or
hardware products. No patent licenses, express, implied, by estoppel or otherwise are
granted by IBM hererunder.
You understand and agree that although IBM grants the licenses to the Software as set
forth above, no assurances are provided by IBM that the Software does not infringe the
intellectual property rights of any person or other legal entity. IBM expressly disclaims
any liability to You for claims brought by any individual or other legal entity based upon
infringement of intellectual property rights or otherwise. As a condition precedent to
exercising the rights and licenses granted hereunder, You hereby assume sole
responsibility to secure any other intellectual property rights needed, if any, in order to
exercise the rights granted in this Agreement. For example, if third party intellectual
property rights are required in order for you to copy or distribute a Software Modification,
You are responsible to acquire these rights before copying or distributing the
Software Modification.
2. Disclaimers and Limitation of Liability
IBM licenses the Software to you on an "AS IS" basis, without warranty
of any kind. IBM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES
AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining
the appropriateness of using and distributing this Software and any Software
Modifications
and assume all
risks associated with the use and distribution of this Software and any
Software Modifications, including
but not limited to the risks of program errors, damage to or loss of data,
programs or equipment, unavailability or interruption of operations and
third party claims. Some jurisdictions do not allow for the exclusion or
limitation of implied warranties, so the above limitations or exclusions
may not apply to you.
You agree to defend, indemnify and hold IBM, its Subsidiaries, employees
and agents harmless from all claims or demands made against them (and any
related losses, damages, expenses and costs) arising out of: 1) the distribution of
any Software Modifications by You; and 2) any failure by You to obtain any third party
intellectual property rights that are required for the use or distribution of the
Software or Software Modifications by You, provided that IBM: a) notifies You in writing
of such claim, and b) allows You to control and cooperates with You in the defense
and any related settlement negotiations. IBM shall have the right to participate in
such claim at its own expense.
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, the records or data of any third party,
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 agree to distribute the Software and any Software Modifications
under a license agreement that: 1) is sufficient to notify all licensees of
the Software and Software Modifications that IBM assumes no liability for
any claim that may arise regarding the Software or any Software Modifications;
and 2) disclaims all warranties, both express and implied,
from IBM regarding the Software and any Software Modifications.
You agree that whenever you distribute the Software or Software Modifications, the product
packaging and marketing collateral for the value-added product package that
includes the Software or Software Modification will contain a conspicuous statement that the IBM XML Parser
for Java Edition is incorporated therein, provided that You do not make or imply any
representations or warranties on behalf of IBM.
3. Rights in Data
We encourage your feedback and suggestions and want to use your
feedback to improve the Software and the alphaWorks program. IBM wishes
to continually improve upon the Software. You agree to promptly
provide to IBM a copy of Software Modifications that You develop by sending a copy
of all such Software Modifications, in source code form, to:
xml4j@us.ibm.com.
You hereby grant to IBM a royalty-free, irrevocable license under all
intellectual property rights (including copyright) to use, copy, distribute,
sublicense, display, perform and prepare derivative works based upon any
feedback, including Software Modifications, materials,
fixes, error corrections, enhancements,
suggestions and the like that you provide to IBM. You represent and warrant
that you possess the necessary rights in the Software Modifications and other
feedback you provide to IBM to provide the foregoing license to IBM.
4. General
This Agreement is governed by the laws of the State of New York. You agree
to comply with all applicable laws, rules and regulations, including without limitation
all export and import laws, rules and regulations.
This Agreement does not grant you or your licensees the right to use any
IBM trademark or name, except as explicitly defined in Section 3 above
for the sole purpose of providing the required attribution and license
disclaimers.
This Agreement is the only understanding and agreement we have
regarding your use of the Software. It supersedes all other
communications, understandings or agreements we may have had prior
to this Agreement.