Order form for downloading Chemical Kinetics Simulator 1.01
IMPORTANT - PLEASE READ AND COMPLY!
Reference: IBM No. 1906
IBM Program License Agreement for "Chemical Kinetics Simulator"
If you receive the "Chemical Kinetics Simulator" package electronically, the
following Terms and Conditions apply to all programs and documentation you
download (hereinafter collectively referred to as the "PROGRAM"). Before you
continue to use the PROGRAM you should carefully read the following Terms and
Conditions. Continuing to use the PROGRAM indicates your acceptance of these
Terms and Conditions. If you do not agree to these Terms and Conditions you
must stop using the PROGRAM and either
Return the PROGRAM to IBM, or
Destroy the PROGRAM.
The PROGRAM is licensed not sold. IBM retains all rights and
title in the program. International Business Machines Corporation or
the applicable IBM country organization (IBM) grants you a license
for the PROGRAM only in the country where you acquired the PROGRAM.
You obtain no rights other than those granted you under this
license. IBM owns the copyrights in the PROGRAM. You are responsible
for the selection of the PROGRAM and for the installation of, use
of, and results obtained from, the PROGRAM.
1. License
Under this license, you may:
use the PROGRAM on one or more machines at a time and
make copies of the Program for backup purposes.
Under this license, you may not:
use or copy the PROGRAM except as provided in this license;
post the PROGRAM electronically;
modify, merge, or distribute the PROGRAM;
reverse assemble, reverse compile or otherwise translate the PROGRAM; or
sublicense, rent, lease, distribute or assign the PROGRAM.
2. Warranty
The PROGRAM is provided "AS IS" without any warranties
(conditions) of any kind. IBM DISCLAIMS ALL WARRANTIES (CONDITIONS)
FOR THE PROGRAM, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF NONINFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow exclusion of implied warranties,
so the above exclusions may not apply to you.
3. Limitation of Remedies
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 Supplier has
been advised of the possibility of such damages. In addition, IBM
will not be liable for any damages claimed by you based on any
third-party claim.
Some jurisdictions do not allow these limitations or exclusions,
so they may not apply to you.
4. General
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 license. In either event, you must destroy all your copies of
the PROGRAM.
You agree that you have no agreement that prohibits your use of
this PROGRAM.
You are responsible for payment of any taxes, including personal
property taxes, resulting from this license.
Neither party may bring an action, regardless of form, more than
two years after the cause of the action arose.
If you acquire the PROGRAM in the United States, this
license is governed by the laws of the State of New York. If you acquired the
PROGRAM in Canada, this license is governed by the laws of the Province of
Ontario. Otherwise, this license is governed by the laws of the country in which
you acquired the PROGRAM.
