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- IBM DARWIN INFORMATION TYPING ARCHITECTURE SPECIFICATION AGREEMENT
-
- PLEASE READ THIS IBM DARWIN INFORMATION TYPING ARCHITECTURE
- SPECIFICATION AGREEMENT (called the "Agreement") CAREFULLY. Your receipt
- of the DTD specifications relating to the Darwin Information Typing
- Architecture (the "Specifications") and the associated documentation
- files indicates your acceptance of the following terms and conditions.
- If you do not agree to these terms and conditions, you may not accept
- the Specifications or exercise any of the rights granted hereunder.
-
- IBM hereby grants to you a worldwide, irrevocable, royalty free, non-
- exclusive license under IBM's copyrights in the Specifications, to copy,
- modify, publish and distribute the Specifications.
-
- No other licenses are granted hereunder by implication, estoppel or
- otherwise.
-
- You agree to distribute the Specifications under a license agreement
- that: 1) is sufficient to notify all licensees of the Specifications
- that IBM assumes no liability for any claim that may arise regarding the
- Specifications; and 2) disclaims all warranties, both express and
- implied, from IBM regarding the Specifications.
-
- IBM encourages your feedback and suggestions and wants to use your
- feedback to improve the Specifications. You hereby grant to IBM a
- royalty-free, 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
- modifications to the Specifications, materials, fixes, error
- corrections, enhancements, suggestions and the like that you provide to
- IBM. You represent and warrant that you possess the necessary rights in
- the modifications and other feedback you provide to IBM to grant the
- foregoing license.
-
- IBM PROVIDES THE SPECIFICATIONS TO YOU ON AN "AS IS" BASIS, WITHOUT
- WARRANTY OF ANY KIND. IBM EXPRESSLY DISCLAIMS ALL WARRANTIES AND
- 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.
-
- NEITHER IBM NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT
- DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR
- ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN
- IF IBM IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT
- ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
- DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
-
- This Agreement does not grant you or your licensees the right to use any
- IBM trademark or name, except for the sole purpose of providing the
- required license disclaimers.
-
- This Agreement is governed by the laws of the State of New York. You
- agree to comply with all applicable laws, rules and regulations,
- including without limitation all export and import laws, rules and
- regulations.
-
- This Agreement is the only understanding and agreement IBM and you have
- regarding your use of the Specifications. It supersedes all other
- communications, understandings or agreements IBM and you may have had
- prior to this Agreement.
-