DX trial version license agreement

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING
THE SOFTWARE WHICH ACCOMPANIES THIS AGREEMENT. BY DOWNLOADING THE SOFTWARE
FROM THE INTERNET, INSTALLING IT ON ANY COMPUTER OR USING THIS SOFTWARE, YOU
INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

1. GRANT OF LICENSE

Subject to all of the terms and conditions of this license agreement
("Agreement"), International Business Machines Corporation ("IBM") grants
you, for no charge, a limited, non-exclusive, non-transferable right to
execute, display and perform this copy of IBM Visualization Data Explorer
Version 3.1.4 Trial Version ("Software") and accompanying soft-copy
documentation ("Documentation") in the country in which you acquired or
downloaded the Software and Documentation from the Internet. You may (1)
download the Software and Documentation to only one machine, (2) use the
Software solely for the purposes of testing and evaluating its performance,
(3) copy the Software and Documentation for backup purposes only and (4)
modify the Software only as permitted in the Documentation, to evaluate its
functionality. You obtain no rights other than those granted to you under
this license. The Software is a trial version of IBM Visualization Data
Explorer for SMP Version 3.1.4 (product #5765-587) and IBM Visualization
Data Explorer (TM) Version 3.1.4 (product #5765-586), two Data Explorer
products with similar functions (collectively "Data Explorer"). IBM grants
you this license to allow you to determine whether Data Explorer may be
useful to you. You may not use the Software or Documentation for any other
purpose, and you may not distribute any part of it, either alone or with any
other software products which you may distribute.

2. COPYRIGHT

The Software and Documentation are protected under the following copyright:
Copyright (c) 1991-1997 by International Business Machines Corporation.
YOU MUST REPRODUCE THE COPYRIGHT NOTICE AND ANY OTHER LEGEND OF OWNERSHIP ON
EACH COPY OR PARTIAL COPY OF THE SOFTWARE OR DOCUMENTATION YOU CREATE.

You may be held legally responsible for any copyright infringement that is
caused or encouraged by your failure to abide by the terms of this Agreement
or any applicable laws. The Software and Documentation are licensed and not
sold to you. IBM retains title to the Software and Documentation and to any
copies you make of them.

3. TRIAL VERSION

Downloading and installing the Software will give you immediate access to
certain limited functions of the Software, which will be available to you
for five minutes at a time. The Software contains a time-disabling device
that will stop the Software from running at the end of five minutes. NO DATA
WILL BE SAVED AT ANY TIME DURING OR AFTER THE END OF THE SESSION. Therefore
you should take precautions to avoid losing any data.

You may also sample all of the functions of the Software for a thirty day
period. Download and install the Software on a workstation where you would
like to evaluate its functionality. At the end of the installation process,
a unique CPU identifier corresponding to that workstation will appear on
your screen. Send an e-mail request to IBM at "ibmdx@watson.ibm.com", with
the CPU identifier, and IBM will e-mail you an enabling key that will
function only on that workstation. YOUR ENABLING KEY WILL STOP FUNCTIONING
THIRTY DAYS FROM THE DATE ON WHICH IT WAS ISSUED, at which time only limited
functions of the Software will be available to you, for five minutes at a
time. At the end of the thirty day period, you will no longer be able to
modify or add to the data which you have input during the thirty day period.

No hard-copy documentation or telephone assistance is available in
connection with this free trial.

4. USE RESTRICTIONS

You agree NOT to do any of the following: (1) use, copy or modify the
Software and Documentation, except as provided in this license; (2) reverse
assemble, reverse compile or otherwise translate the Software; (3) transfer
this license to anyone; (4) sublicense, rent, lease or assign this license
to the Software and Documentation or (5) transmit or otherwise distribute
the Software and Documentation to anyone.

5. GOVERNING LAW

If you acquired the Software and Documentation in the U.S. or downloaded
them from the Internet to a computer in the U.S., this Agreement is governed
by the laws of the State of New York. If you acquired the Software and
Documentation in Canada or downloaded them from the Internet to a computer
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 Software and Documentation or, if the Software and
Documentation were downloaded from the Internet, the country in which the
receiving computer was located.

6. EXPORT CONTROLS

None of the Software, Documentation or underlying information or technology
may be downloaded or otherwise exported or reexported (i) into (or to a
national or resident of) Cuba, Iraq, Libya, the Federal Republic of
Yugoslavia (Serbia and Montenegro), North Korea, Iran, Syria or any other
country to which the U.S. has embargoed goods; or (ii) to anyone on the
Denied Parties List distributed by the U.S. Export Regulations Office. By
downloading or using the Software and Documentation, you agree to the
foregoing, and you represent and warrant that you are not located in, under
the control of, or a national or resident of any of these countries or on
such list.

7. TERM AND TERMINATION

The term of this license will begin with your initial trial session. If you
access only the limited functions of the Software for five minutes at a
time, the term of this license will expire after thirty days. If you obtain
an enabling key from IBM for full access to the Software, this license will
expire thirty days from the date on which the enabling key was issued. This
license will terminate upon your failure to comply with any of the terms of
this Agreement, whichever comes first. When this license ends, for whatever
reason, you must destroy all copies of the Software and Documentation.

8. NO WARRANTY

THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS-IS," AND IBM EXPRESSLY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE
AND DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE OR
NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.

9. LIMITATION ON LIABILITY

IN NO EVENT WILL IBM BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, SPECIAL, DIRECT, INDIRECT AND
CONSEQUENTIAL DAMAGES OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR
PROFITS, WHETHER IN AN ACTION BASED ON CONTRACT, TORT OR ANY OTHER THEORY,
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE AND
DOCUMENTATION, EVEN IF IBM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

10. SEVERABILITY, ENTIRE AGREEMENT

If any part of this Agreement is found to be void or unenforceable, it will
not affect the rest of the Agreement, which shall remain valid and
enforceable according to its terms.

This Agreement is the only understanding and agreement between you and IBM
with respect to the Software and Documentation, and it supersedes all prior
related communications, understandings or agreements between you and IBM.

11. FULLY FUNCTIONAL SOFTWARE

If you are interested in purchasing a license to the Data Explorer product,
contact IBM for information about the license fee and to order:

For information, call 1-800-388-9820 or e-mail "ibmdx@watson.ibm.com"

To order, call 1-800-IBM-CALL