IBM XML4C Evaluation LICENSE AGREEMENT Please read this IBM XML4C evaluation 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. Notice: The Software that is made available through the alphaWorks project is not generally available software. It has not undergone complete testing and may contain errors. It may not function properly and is subject to change or withdrawal at any time. No support or maintenance is provided with the Software. Do not install this software if you are not accustomed to using experimental software. The Software is made available without charge in the experimental stage in order to allow you to evaluate the Software in its developmental stage. We encourage your feedback and suggestions. 1. Ownership and License. The Software is owned by International Business Machines Corporation or one of its subsidiaries ("IBM") and is copyrighted and licensed, not sold. IBM grants you a non-exclusive, non-transferable license to download the Software and use it only for your personal, non-commercial and lawful end use. Implied licenses are negated. You may copy the Software for backup only. You may not: 1) merge, distribute (for free or for sale) or sublicense the Software; 2) reverse assemble, reverse compile, or otherwise translate the Software. 2. Term and Termination In the event a claim arises with respect to the Software, IBM may request, upon thirty (30) days notice that you discontinue further use of the Software and that you delete or destroy all copies of the Software you possess (except for one copy that may be kept in your archives). You agree that you will comply with such a request. For a license to distribute XML4C at no charge, you must register at: http://www.alphaworks.ibm.com/registerXML4C. 3. Warranty Disclaimer 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 OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using this Software and assume all risks associated with the use of this Software, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. 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 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, 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. 4. License Rights We encourage your feedback and suggestions and want to use your feedback to improve the Software and the alphaWorks program. Send all such feedback to: xml4c@us.ibm.com. You hereby grant to IBM an 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 materials, fixes, error corrections, enhancements, suggestions and the like that you provide to IBM. 5. General This Agreement is governed by the laws of the State of New York. This Agreement does not grant You or your licensees the right to use any IBM trademark or name. 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.