Taligent Evaluation License Agreement

WebRunner Gauge Beans (the Software)
Evaluation Agreement Termination Date is not applicable.

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. YOU MUST AGREE TO THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING THE WEBRUNNER GAUGE BEANS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE WEBRUNNER GAUGE BEANS.

  1. Ownership and License
  2. The Software is owned by Taligent, Inc., a subsidiary of International Business Machines Corporation ("IBM") and is copyrighted and licensed, not sold. The term "Software" means the original Software and all whole or partial copies of it , including portions merged into other programs. The Software consists of machine-readable instructions, audio/visual content (such as software documentation) and related licensed materials.

    Taligent grants you free of charge a non-exclusive, non-transferable license to download the Software and install and use it on a reasonable number of client machines for purposes of testing and evaluation only. The Software is not to be used for production or commercial purposes.

    You may copy the Software for backup, use, modify, and merge the Software into other applications but only for the intended purpose. You may not:

  3. Term and Termination
  4. Taligent may terminate this Evaluation License, with or without cause, by providing notice to you. You may terminate this Evaluation License at any time by deleting or destroying all copies of the Software and documentation.

    Unless either party terminates this License at an earlier date, your license to the Software expires on the Termination Date noted at the beginning of this agreement.

  5. Warranty Disclaimer and Limitation of Liability
  6. TALIGENT LICENSES THE WEBRUNNER GAUGE BEANS  TO YOU ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES (OR CONDITIONS), EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES (OR CONDITIONS) OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TALIGENT 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 TALIGENT, OR ITS DISTRIBUTOR, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    The entire risk arising from use of the Software remains with you. Taligent 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. Some jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

  7. General
  8. This Agreement is entered into in the State of California, United States of America, and is governed by the laws of the State of California. Regardless of how or where you acquired the Software you agree that Taligent has provided it to you in the United States.

    U.S. Government Users Restricted Rights

    U.S. Government Users Restricted Rights - Use, duplication, or disclosure restricted by the GSA ADP Schedule Contract with the IBM Corporation.