DXSimplifySurface license agreement

Notice: This Software is not generally available. It has not undergone complete testing and may contain errors. It may not function properly and is subject to change or withdrawal at any time. No support or maintenance is provided with the Software. DO NOT INSTALL THIS SOFTWARE IF YOU ARE NOT ACCUSTOMED TO USING EXPERIMENTAL SOFTWARE.

This Software is made available without charge in order to allow you to evaluate the Software in its development stage. We encourage your feedback and suggestions.

1. Ownership and License.

The Software is owned by International Business Machines Corporation or one of its subsidiaries ("IBM") and is copyrighted and licensed, not sold. IBM grants to you a non-exclusive, non-transferable limited license to download the Software and use it for internal evaluation, research, and educational purposes only. The Software may not be used for commercial purposes. You may copy the Software for backup purposes only. You may not: 1) merge, distribute, sublicense, lease, or rent the Software; 2) reverse assemble, reverse compile, or otherwise translate the Software.

2. Term and Termination

This agreement shall terminate 12 months after the date on which you receive the Software. Upon such termination, you will delete or destroy all copies of such Software.

3. Warranty Disclaimer and Limitation of Liability

IBM Licenses the Software to you on as "AS-IS" basis, without warranty of any kind. IBM HEREBY DISCLAIMS ALL WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. You are solely responsible for determining the appropriateness of using this Software and assume all risks associated with the use of this Software, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.

IBM WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR ANY SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF IBM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IBM WILL NOT BE LIABLE FOR THE LOSS OF, OR DAMAGE TO, YOUR RECORDS OR DATA, OR ANY DAMAGES CLAIMED BY YOU BASED ON A THIRD PARTY CLAIM.

4. Rights in Data

You hereby grant to IBM an irrevocable license under all intellectual property rights (including copyright) to use, copy, distribute, sublicense, display, perform and prepare derivative works based upon any feedback including materials, fixes, error corrections, enhancements, suggestions and the like that you provide to IBM.

5. Export

You shall not export or transfer, whether directly or indirectly, the Software to any person or company who is a legal resident, or is controlled by a legal resident, of any proscribed country listed in the U.S. Export Administration Regulations (or any equivalent thereof) unless properly authorized by the U.S. Government.

6. General

This Agreement is governed by the laws of the State of New York.

This Agreement is the only understanding and agreement we have regarding the use of the Software. It superseded all other communications, understandings or agreements we may have had prior to this Agreement.

7. Copyright

The Software and Documentation are protected under the following copyright:
Copyright (c) 1995-1996 by International Business Machines Corporation.

I Accept these terms
I Do Not Accept