Please read this agreement carefully. Your use of any service made available through alphaWorks Services ("the Service") indicates that you accept the following terms and conditions. If you do not agree to these terms and conditions; you may not use the Service.
1.USE OF SERVICE
By your use of this Damia Website ("Site"); you agree to the following terms and conditions (collectively; the "Terms"). IBM reserves the right to revise the Terms. Your continued use of this Site after revised Terms have been posted constitutes your acceptance of the Terms.
This is a secured access website maintained for personal [ non-commercial ] use only; and not for use in support of business operations or revenue generating activities. You agree to use this Site for its intended purpose only and not to post or create any infringing; defamatory; otherwise illegal; or offensive material. You acknowledge that the information (software; text and/or speech files; code; associated materials; media and /or documentation; provided by IBM or others) made available on this Site (the "Content") includes proprietary information of IBM.
IBM reserves the right; at any time; to monitor your activities on this Site; to use; review; archive; disseminate; remove or alter content you post on this Site; although IBM has no obligation to do so. Without prejudice to any other rights that IBM may have; IBM reserves the right and sole discretion to change; limit or extend the availability of the Site or to terminate; modify at any time; temporarily or permanently cease to provide the Site; to migrate the Site (including migrating any data or information You provide) or any part thereof to any user or group of users; without prior notice and for any reason or no reason.
IBM grants access to the Site; and Content on the Site is made available; "AS IS"; WITHOUT WARRANTY OF ANY KIND. IBM EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS; EXPRESS OR IMPLIED; INCLUDING; BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF TITLE; MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT AND FREEDOM FROM INTERFERENCE WITH YOUR ENJOYMENT. Some jurisdictions do not allow the exclusion or limitation of implied warranties; so these exclusions and limitations may not apply to You.
You are solely responsible for determining the appropriateness of this Site for your purpose; and assume all risks associated with its use; including risks connected with your submission of information. The risks You assume include; but are not limited to; the risks of program errors; damage to or loss of information; programs or equipment; and unavailability or interruption of operations. Neither IBM nor its suppliers are responsible for the accuracy; completeness; timeliness; reliability; content or availability of the Service or results from it.
IBM will not be liable for any direct damages; special; incidental; or indirect damages; or 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 information or results; or any damages claimed by You based on a third party claim; including a licensor of information You submit. Some jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages; so these exclusions and limitations may not apply to You.
You agree to indemnify and hold IBM harmless from all damages; liabilities; costs and expenses; including attorneys' fees; incurred by IBM as a result of any claim; proceeding or judgment arising out of (i) your use of the Site; the Content; or any works created as a result of your use; (ii) your submission of information; or (iii) out of IBM's disclosure; copying; distribution; display; performance; or preparation of derivative works of the information that You provide to IBM
You agree that You will forever waive any claim to "moral rights" in the Content; and to the extent your moral rights cannot be waived; You agree to refrain from any enforcement of such rights against IBM and downloaders of the Content; in conjunction with IBM's and downloaders' exercise of its licensed rights hereunder.
By transmitting; uploading; posting or submitting any information or material using the programs hosted on the Site; you (i) represent that such information and/or material is not considered confidential or trade secret to You or any third party; (ii) warrant that no other party has rights to the information or material and that your transmission; posting; uploading or submission of the information does not violate any laws or any copyright or other intellectual property rights of anyone; (iii) acknowledge and agree that all right; title and interest in any feedback regarding the Content (including any software made available on the Site) that you provide to IBM; including without limitation feedback in the form of suggestions; ideas; concepts; improvements; reports and any other materials; whether written or oral; shall be assigned to IBM; and that such feedback (and any derivative works thereof by IBM) may be used; modified; and distributed by IBM freely and without restriction of any kind or obligation whatsoever to you; (iv) represent that such information and/or material does not contain any viruses or harmful code; (v) agree that if any such information and/or material is or becomes ineligible for public posting or for legal distribution You will immediately notify IBM at:
Designated Agent
A. S. Berman; Associate General Counsel
Address of Designated Agent
1133 Westchester Avenue; White Plains; NY 10604
Email address of Designated Agent
asberman@us.ibm.com
Telephone number of Designated Agent
(914) 642-5847
IBM may use; store and process your information to communicate with you and to facilitate your participation in the Site and will not rent or sell your information; or use it for any purpose not consistent your participation in the Site. You acknowledge and agree that your information will be visible to and accessible by IBM Corporation; its affiliates around the world; others both inside and outside of the European Union; and all registered participants in the Site; and may be used by them to communicate with you. You acknowledge and agree that you will not rent or sell the information of any other participant in the Site (including IBM); or use such information for any marketing purposes or for any other purpose not consistent with participation in the Site.
The Site may contain third party links that are provided by IBM only as a convenience to its users. Any web sites linked to or from the Site are not reviewed; controlled; or examined by IBM and IBM is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any linked sites or content from the Site does not imply endorsement of the linked site or content by IBM. In no event shall IBM be liable to anyone for any damage arising from or caused; directly or indirectly; by the creation or use of a third party's web site; or the information or material accessed through such web sites.
You must be sure that you have rights to utilize any non-IBM web services (including APIs) or other content (text; audio; video; etc.) that you intend to make use of as part of your use of the Site.
You agree to not use the Site to use any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information; proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or use any content that infringes any patent; trademark; trade secret; copyright or other proprietary rights ("Rights") of any party.
These Terms apply only to your use of the Site and do not apply to your use of any other IBM product or service. The terms and conditions applicable to such other IBM products or services shall apply to and govern your rights and obligations (and ours) with respect to your use of such other products or services. In addition; your use of any program hosted on the Site shall be governed by the terms of a license agreement which you must accept prior to your use of such program. The terms of the program license agreements are in addition to these Terms.
The term of this Agreement will begin when You first use the Site. IBM may terminate your use of the Site and remove any information submitted by You from IBM's website; at any time and for any reason.
This Agreement is governed by the laws of the State of New York applicable to agreements fully executed and performed in the State of New York; without regard to its conflicts of laws provisions. IBM provides the Site to You in the United States. You agree to comply with all applicable United States laws; including those regarding the export of data; whether or not You use the Site in the United States. You are also responsible for complying with all other laws and regulations that apply to your use of the Site or its Content.
