The IBM alphaWorks software, documentation and other materials ("Hereinafter collectively the "Program") are made available without charge, subject to the terms and conditions of this agreement, in the experimental stage in order to allow you to evaluate the program in its developmental stage. We encourage your feedback and suggestions.

Before downloading, installing or using the Program or any component thereof, you should carefully read the following terms and conditions.

Please note that the program contains or is accompanied by certain third party products which are provided to you under terms and conditions which are different from this agreement, or which require IBM to provide you with certain notices and/or information. IBM has identified such third party products below under the header "Third Party Code, Third Party Licenses, and Acknowledgements" and has included or referenced any associated license agreements, notices,and other related information. Your use of each third party product for which IBM has identified a separate license agreement will be subject to the terms and conditions of such other license agreement and the terms and conditions of this agreement shall not apply to such third party products except that the disclaimer of warranties and limitation of liabilities provisions contained in this agreement shall continue to apply to you, IBM and IBM's affiliates with respect to such third party products.

REGARDLESS OF HOW YOU ACQUIRE THE PROGRAM (ELECTRONICALLY, PRE-LOADED, ON MEDIA OR OTHERWISE, DOWNLOADING, INSTALLING OR USING THE PROGRAM SHALL INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AS WELL AS ANY TERMS AND CONDITIONS CONTAINED IN ANY OTHER LICENSE AGREEMENT THAT IS IDENTIFIED OR REFERENCED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF ANY OTHER LICENSE AGREEMENT THAT IS IDENTIFIED OR REFERENCED BELOW, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE PROGRAM.

GRANT OF LICENSE:

• Subject to the terms and conditions of this Agreement, International Business Machines Corporation and its affiliates (collectively referred to in this Agreement as "IBM"), grant you (an entity or a person) a non-transferable, non-exclusive, limited copyright license to internally within your enterprise use one (1) copy of the Program for the sole purposes of evaluating and testing the Program and providing feedback to IBM. You may not use the Program or any component thereof in your normal business production environment.

• You may not reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code of any component of the Program that is provided in object code, byte code, or executable code form only, except as permitted by law without the possibility of contractual waiver. In addition, unless otherwise specified in this Agreement or in any other license agreement identified or referenced below, you may not reproduce, prepare derivative works of, display, perform, rent, lease, sell, license, sublicense, assign, distribute or otherwise transfer the Program or any components thereof. You may not remove, cover, or alter any of the proprietary notices, labels or marks in or on the Program, its components, or associated media or documentation.

• You may not export the Program, or components of the Program in contravention of applicable export control laws.

• You agree that any information, feedback and/or materials including, without limitation, bug fixes, error corrections and enhancements, you may provide to IBM are non-confidential and you grant IBM and its suppliers a non-exclusive, worldwide, royalty free, fully paid up, perpetual and irrevocable license under all intellectual property rights to use, make, execute, reproduce, transmit, display, perform, prepare derivative works of, distribute, license, sublicense, sell, lease or otherwise transfer the information, feedback and/or materials and derivative works thereof and such license includes the right of IBM and its supplier’s to sublicense, assign and/or transfer all the rights and licenses above to others, and allow others to further sublicense such rights indefinitely.

OWNERSHIP: The Program is Copyright 1991, 2002 by IBM and its suppliers. All Rights Reserved. You acknowledge that under this Agreement you obtain only the rights to the Program and components thereof as expressly stated herein or in any other license agreement identified or referenced below. No right, title or interest in or to any copyrights, trademarks, patents or other proprietary or intellectual rights relating to the Program is transferred to you. You expressly acknowledge that all intellectual property rights in the Program are owned by IBM or its suppliers and are protected by United States and other applicable copyright laws and international treaty provisions. IBM and its suppliers retain all rights not expressly granted in this Agreement or in a license agreement identified or referenced below.

TERM AND TERMINATION: Unless IBM notifies you of an earlier date, your license to the Program terminates 90 days after the date that you download or first receive the Program. You may terminate your license at any time to the Program by destroying all your copies of the Program. IBM may terminate your license if you fail to comply with the terms of this Agreement. Upon termination, your license to the Program shall expire and you agree to destroy any and all copies of the Program and any portions thereof within thirty (30) days of such termination.

DISCLAIMER OF WARRANTY AND LIABILITY: This Program is experimental, is not generally available, and may be modified substantially before general availability. IBM does not guarantee that the Program or any component thereof will be made generally available. You should exercise caution in the use of the Program. The Program has not undergone complete testing. Do not use install or use the Program is you are not accustomed to using experimental software. The Program may not be at the level of performance or compatibility of generally available IBM products, and should not be used for productive purposes. In addition, IBM does not provide any maintenance, upgrades or other support for the Program. IBM does not warrant or guarantee that the operability of any of your software running with the Program will be maintained with any subsequent or generally available versions of the Program or that any version of the Program will ever be made available or marketed.

THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE PROGRAM. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PROGRAM REMAINS WITH YOU 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. IN NO EVENT WILL IBM OR ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST REVENUE, LOST DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ANY OF IBM OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN ADDITION IBM AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM.

Some jurisdictions do not allow the exclusion of implied warranties, or the limitation for consequential damages, so the above may not apply to you.

Note to U.S. Government Users--Documentation related to Restricted Rights-- Use, duplication, or disclosure is subject to restrictions set forth in GSA ADP Schedule Contract with IBM Corporation.

Although IBM may try to answer technical support questions you may have regarding your use of the Program, any such assistance does not obligate IBM to provide support or maintenance services for the Program.

GENERAL:

All terms and conditions, which by their nature should survive the termination or expiration of this Agreement, shall survive. If any provision, in whole or in part, of this Agreement is declared unenforceable at law, the rest of the provisions of the Agreement shall remain in effect.

Only a written agreement signed by both of us can modify this Agreement.

This Agreement is entered into in the State of New York, U.S.A. and governed by the laws of the State of New York without regard to conflict of law principles.