EVALUATION LICENSE AGREEMENT

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GRANT OF LICENSE: The Programs are owned by International Business Machines Corporation (IBM) and is copyrighted and licensed, not sold. IBM grants you a nontransferable, non-exclusive license to use the Program.

You may use these Programs at no charge internally for any purpose whatsoever, but you may not distribute, sublicense, rent, lease, or otherwise transfer these Programs. You may not reverse assemble, reverse compile, otherwise translate or discover the source code of the Program, except as permitted by law without the possibility of contractual waiver. In addition, unless otherwise specified, you may not rent , lease, sublicense, assign or distribute the Program to any third party. You agree that any information or feedback you may provide to IBM in reference to the Program or this Agreement is non-confidential and you grant IBM a worldwide, fully paid up and irrevocable license to use this information/feedback for IBM business activities.

TERM AND TERMINATION: You may terminate your license at any time by destroying all your copies of the Program. IBM may terminate your license if you fail to comply with the terms of this Agreement.

DISCLAIMER OF WARRANTY AND SUPPORT: IBM will not provide any service or support for the Program whatsoever.

The Program is provided "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS PROGRAM AND DOCUMENTATION REMAINS WITH YOU. IN NO EVENT WILL IBM BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, INCIDENTAL OR INDIRECT DAMAGES OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF IBM OR ITS AUTHORIZED SUPPLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 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.

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. Regardless of where you access this Program from, you agree to comply with all applicable United States laws including those regarding the export of data.

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