The license
Please read this carefully. You must agree to the following terms and
conditions before installing the Secure Mailer or any related
documentation ("Software"). If you do not agree to these terms
and conditions, you may not install or use the Software.
Permission to reproduce and create derivative works from the Software
("Software Derivative Works") is hereby granted to you under the
copyrights of International Business Machines Corporation ("IBM"). IBM
also grants you the right to distribute the Software and Software
Derivative Works.
You grant IBM a world-wide, royalty-free right to use, copy,
distribute, sublicense and prepare derivative works based upon any
feedback, including materials, error corrections, Software Derivatives,
enhancements, suggestions and the like that you provide to IBM relating
to the Software.
IBM licenses the Software to you on an "AS IS" basis, without warranty
of any kind. IBM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON
INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. You are solely
responsible for determining the appropriateness of using this Software
and assume all risks associated with the use and distribution 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 FOR 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. You may
not use the name "IBM" or any other IBM trademark without the prior
written consent of IBM.
You agree to distribute the Software and any Software Derivatives under
a license agreement that: 1) is sufficient to notify all licensees of
the Software and Software Derivatives that IBM assumes no liability for
any claim that may arise regarding the Software or Software
Derivatives, and 2) that disclaims all warranties, both express and
implied, from IBM regarding the Software and Software Derivatives. (If
you include this Agreement with any distribution of the Software or
Software Derivatives you will have met this requirement.) You agree
that you will not delete any copyright notices in the Software.
In the event an intellectual property claim is made or appears likely
to be made with respect to the Software, you agree to permit IBM to
enable you to continue to use the Software, or to modify it, or replace
it with software that is at least functionally equivalent. If IBM
determines that none of these alternatives is reasonably available, you
agree, at IBM's request, upon notice to you, to discontinue further
distribution of the Software and to delete or destroy all copies of the
Software you possess. This is IBM's entire obligation to you regarding
any claim of infringement.
This Agreement is the exclusive statement of your rights in the
Software as provided by IBM. Except for the licenses granted to you in
the second paragraph above, no other licenses are granted hereunder, by
estoppel, implication or otherwise.
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