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Open Visualization Data Explorer

License agreement for legacy DX 314B Trial version

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.x 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 (TM) for SMP Version 3.1.x (product #5765-587), IBM Visualization Data Explorer Version 3.1.x (product #5765-586), and IBM Visualization Data Explorer Personal Edition Version 3.1.x (product #5799-GBX), three 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.