YOUR USE OF THIS PRODUCT IS CONDITIONED UPON YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT. INSTALLING AND/OR USING THE PRODUCT INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS PROMPTLY RETURN THE PRODUCT TO IBM.

The Product consists of: (1) Pseudo SCSI Adapter Device Driver Sample Code, SCSI CD ROM Device Driver Sample Code, Pseudo Device Driver Sample Code, TTY Device Driver Sample Code, Ethernet Device Driver Sample Code, Fibre Channel Device Driver Sample Code, UDI headers and tools, installp sample code, and sample code contained in the Documentation (collectively, "IBM Code"), and (2) documentation contained on the media ("Documentation").

1. Grant of License for the IBM Code

IBM grants to you a worldwide, non-exclusive right, under the applicable IBM copyrights, to use the enclosed IBM Code for the sole purposes of designing, developing and testing derivative work(s) which are device drivers designed to operate with AIX 5L for Itanium-based Systems (the "AIX 5L for Itanium-based SystemsDevice Driver").

In addition, IBM grants to you the worldwide, non-exclusive right, under the applicable IBM copyrights, to reproduce and distribute the AIX 5L for Itanium-based Device Driver only if you: a) do not make any statements to the effect of or which imply that the AIX 5L for Itanium-based Systems Device Driver is "AIX 5L for Itanium-based Systems compliant," "certified," or that its performance or compatibility is guaranteed or otherwise verified to operate with AIX 5L for Itanium-based Systems unless you receive prior written authorization from IBM or its designee, and b) agree to distribute the AIX 5L for Itanium-based Systems Device Driver under a license agreement that is sufficient to notify licensees that IBM, its subsidiaries and their distributors assume no responsibility or liability for any claim that may arise concerning the AIX 5L for Itanium-based Device Driver, and that disclaims all warranties, both express and implied, from IBM, its subsidiaries, and their distributors regarding the AIX 5L for Itanium-based Systems Device Driver. IBM grants you the right to grant others the rights granted in this section 1, subject to the conditions in this section 1.

You must reproduce any copyright notice(s), or otherwise place an appropriate IBM copyright notice, on each copy, or partial copy of the IBM Code and/or AIX 5L for Itanium-based Systems Device Driver. Under this license you may not:

a. use, copy, modify, display or merge copies of the IBM Code or AIX 5L for Itanium-based Systems Device Driver except as provided in this agreement;

b. reverse assemble, reverse compile or otherwise translate any IBM Code provided in object code form;

c. distribute, sublicense, rent, lease, assign or transfer the IBM Code or AIX 5L for Itanium-based Systems Device Driver, except as provided in this agreement.

2. Grant of License for Documentation

IBM grants you a non-exclusive, non-assignable, non-transferable right, under the applicable IBM copyrights, to use the Documentation solely for your internal use and solely for the purposes of designing, developing and testing the AIX 5L for Itanium-based Systems Device Driver.

Under this license you may not :
a. use the Documentation except as provided in this agreement;
b. copy, modify, display, or merge the Documentation; or
c. distribute, sublicense, rent, lease, assign or transfer the Documentation.

3. Grant of License for Feedback You grant IBM a world-wide, royalty-free, right to use, copy, distribute, sublicense and prepare derivative works based on any feedback, including code, materials, error corrections, enhancements, suggestions and the like that you provide to IBM relating to the Product.

4. Disclaimer of Warranty THE PRODUCT (INCLUDING, BUT NOT LIMITED TO, THE IBM CODE AND DOCUMENTATION) IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. IBM EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OR CONDITION OF NON-INFRINGEMENT.

THE PRODUCT INCLUDES PRE-RELEASE CODE AND WRITTEN MATERIALS THAT MAY BE MODIFIED SUBSTANTIALLY BEFORE GENERAL AVAILABILITY OF AIX 5L for Itanium-based Systems. THE PRE-RELEASE CODE AND WRITTEN MATERIALS MAY NOT BE AT THE LEVEL OF PERFORMANCE OR COMPATIBILITY OF GENERALLY AVAILABLE IBM PRODUCTS. IBM DOES NOT GUARANTEE THAT ANY OF THE PRE-RELEASE CODE OR WRITTEN MATERIALS CONTAINED IN THE PRODUCT WILL EVER BE MADE GENERALLY AVAILABLE.

5. Limitation of Remedy

IN NO EVENT SHALL IBM, ITS SUBSIDIARIES AND THEIR DISTRIBUTORS BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF IBM, ITS SUBSIDIARIES OR THEIR DISTRIBUTORS ARE ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE EXCLUSIONS INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, AND LOST SAVINGS. IBM, ITS SUBSIDIARIES AND THEIR DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIMS.

This limitation of remedies also applies to any developer of the Product. IBM's and the developer's limitation of remedies are not cumulative. Such developer is an intended beneficiary of this Section.

6. General

Some jurisdictions do not allow the exclusion or limitation of implied warranties or consequential damages , so they may not apply to you. You may terminate your license at any time. IBM may terminate your license if you fail to comply with the terms and conditions of this agreement. In either event, you must destroy all your copies of the Product. If either party terminates this license, sections 3, 4, 5, and 6 of this agreement shall survive any such termination.

You are responsible for payment of any taxes, including personal property taxes, resulting from this license. If you acquire the Product in the United States, this agreement is controlled by the substantive laws governing contracts made and entirely performed in the State of New York. If you acquire the Product in Canada, this agreement is governed by the laws of the Province of Ontario. Otherwise, this agreement is governed by the laws of the country in which you acquired the Product. However, United States patent and copyright law shall apply in all cases. The export of this Product is restricted by U.S. export regulations, and you agree to do everything necessary to comply with these regulations.

You may not use the name "IBM" or any other IBM trademark without the prior written consent of IBM. IBM does not warrant or guarantee that the operability of any derivative works you create from the Product will be maintained with any generally available versions of AIX 5L for Itanium-based Systems, or that any version of AIX 5L for Itanium-based Systems will ever be made generally available or marketed.

This agreement is the exclusive statement of your rights in the IBM Code and Documentation as provided by IBM. Except for the licenses granted to you in paragraphs 1 and 2 above, no other licenses are granted hereunder, by estoppel, implication, or otherwise.