## IBM ALPHAWORKS LICENSE AGREEMENT PLEASE READ THIS IBM ALPHAWORKS LICENSE AGREEMENT (CALLED THE "AGREEMENT") CAREFULLY. YOU MUST AGREE TO THE FOLLOWING TERMS AND CONDITIONS BY ELECTRONICALLY CHECKING THE BOX MARKED "I ACCEPT" BEFORE INSTALLING THE SOFTWARE. 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 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 this Software. DO NOT INSTALL THIS SOFTWARE IF YOU ARE NOT ACCUSTOMED TO USING EXPERIMENTAL SOFTWARE. ### 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 world-wide, non-exclusive, non-transferable, royalty-free copyright license to: 1) download, reproduce and create derivative works from the object code and source code versions of the Software; and 2) distribute the Software and derivative works thereof, in object code only, and only when you provide some "value-add" with the Software. Examples of value-add would be other software or hardware products. No license to any other IBM intellectual property is granted hereunder. IBM wishes to continually improve upon the Software. You agree to provide to IBM a copy of any modifications to the Software that you develop or otherwise receive ("Software Modifications") by sending a copy of all such Software Modifications, in source code form, to: xml4j@us.ibm.com. You hereby grant to IBM a world-wide, non-exclusive, non-transferable, royalty-free license to execute, reproduce, create derivative works from and distribute the Software Modifications and derivative works thereof. ### 2. Termination In the event a claim arises with respect to the Software, IBM may request, upon thirty (30) days notice that you discontinue further distribution 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. Any licenses to the Software that you granted to your customers prior to such termination will continue to be in effect following such termination. ### 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, 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 derivative works thereof under a license agreement that: 1) is sufficient to notify all licensees of the Software and any derivatives thereof that IBM assumes no liability for any claim that may arise regarding the Software or any derivative works thereof; and 2) that disclaims all warranties, both express and implied, from IBM regarding the Software and any derivative works thereof. ### 4. Rights in Data We encourage your feedback and suggestions and want to use your feedback to improve the Software and the alphaWorks program. 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 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.