International Business Machines Corporation FixDist Online License Agreement ------------------------------------------------------------------------ THIS IS A LEGAL AGREEMENT TO WHICH YOU ARE CONSENTING TO BE BOUND. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. 1. International Business Machines Corporation (IBM) grants to you a non-exclusive, non-sublicensable, license to use this version of FixDist (the "Software"), in binary executable form for non-commercial use in your organization only. 2. IBM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS SOFTWARE IS PROVIDED GRATUITOUSLY AND, ACCORDINGLY, IBM SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE. 3. While IBM intends to maintain this Software, IBM reserves the right at any time to alter access, features, capabilities and functions of this Software. IBM may terminate this Software at any time without notice to you. 4. Title, ownership rights, and intellectual property rights in and to the Software shall remain in IBM and/or its suppliers. You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. You acknowledge that the Software in source code form remains a confidential trade secret of IBM and/or its suppliers and therefore you agree not to modify the Software or attempt to decipher, decompile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction. 5. You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, or Syria or (ii) to anyone on the US Treasury Department's list of Specially Designated Nationals or the US Commerce Department's Table of Deny Orders. By downloading the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under control of, or a national or resident of any such country or on any such list. International Business Machines Corporation Online Fix Service Service Use Agreement ------------------------------------------------------------------------ THIS IS A LEGAL AGREEMENT TO WHICH YOU ARE CONSENTING TO BE BOUND. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, DO NOT USE THE SERVICE. 1. International Business Machines Corporation (IBM) grants you a non-exlusive access to the Online Fix Service via the Internet. 2. IBM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SERVICE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SERVICE, FOR ANY PURPOSE. THE SERVICE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS SERVICE IS PROVIDED GRATUITOUSLY AND, ACCORDINGLY, IBM SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SERVICE. 3. While IBM intends to maintain this Service, IBM reserves the right at any time to alter access, features, capabilities and functions of this Service. IBM may terminate this Service at any time without notice to you. 4. You may not download or otherwise export or reexport images or files from systems providing this Service except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the images or files provided by this Service may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, or Syria or (ii) to anyone on the US Treasury Department's list of Specially Designated Nationals or the US Commerce Department's Table of Deny Orders. By downloading images or files from systems providing this Service, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under control of, or a national or resident of any such country on any such list.