alphaWorks Services Use Agreement

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

You may submit information to alphaWorks Services, which IBM will use to run a designated program, generate results, and provide the results to You, which may include software, over the World Wide Web. You may use the results for your own personal, lawful research. You agree not to imply that the results have any warranty or endorsement from IBM. IBM provides this Service at no charge.

Any information that You submit to IBM and the results are considered non-confidential, and IBM will be free to disclose them for any purpose. IBM will not return to You the information You submit. For quality control and other purposes, IBM may monitor your use of the Service and transmission of information through it. IBM is not responsible for any third party seeing or obtaining information or results transmitted through the Service.

You agree not to send automated queries of any sort to alphaWorks Services. You also agree not to submit anyone else's copyrightable material to alphaWorks Services unless You obtain written permission of the copyright holder to license the copyrightable material to IBM, consistent with the terms of this Agreement. You also agree not to submit any Software to IBM through the Service. You represent that the information you submit does not violate a privacy, publicity or moral right, or disclose personal, government, business or other information without permission. If You are a student or employee of a college or university, a member of the university's intellectual property licensing department or other authorized person must approve the terms of this Agreement.

2. TERM AND TERMINATION

The term of this Agreement will begin when You first use the Service, and will end the earliest of when You stop using the Service, or when IBM withdraws or ends your access to the Service. IBM may terminate your use of the Service and remove any information submitted by You from IBM's website, at any time and for any reason.

3. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

IBM grants access to the Service "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 Service 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.

The information You provide may be posted on the alphaWorks Services website. Anyone who agrees to the terms of this Agreement can access and download such information for her or his personal use for ninety days from downloading.

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 your use of the Service or the results, your submission of information, or out of IBM's disclosure, copying, distribution, display, performance, or preparation of derivative works of the information that You provide to IBM.

4. FEEDBACK AND INPUT TO IBM

By entering into this Agreement You grant IBM a perpetual, worldwide and irrevocable license under all intellectual property rights (including copyright) to use, copy, distribute, sublicense, display, perform and prepare derivative works of any information that You provide to IBM, including but not limited to arrangements, visualizations, and selections of information, and feedback and suggestions You provide to IBM. For any information You provide to IBM that originates from a third party, You state that You are not aware of anyone who holds intellectual property or other rights, such as rights to privacy, that could prevent IBM from exercising the rights listed in this paragraph.

5. GENERAL

This Agreement is governed by the laws of the State of New York, without regard to its conflicts of laws provisions. IBM provides the Service 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 Service in the United States. You are also responsible for complying with all other laws and regulations that apply to your use of the Service.

This Agreement and the Terms of Use Agreement for alphaWorks software (if You are provided software in using this Service) are the only agreements we have regarding your use of the Service. They replace all other communications and agreements we may have had prior to this Agreement. IBM may modify this Agreement at any time by posting a new agreement with the Service. If You do not accept the modification, You must promptly stop using the Service. By continuing to use the Service, You accept the modification. Neither party will bring a legal action arising out of this Agreement more than one year after the cause of action arose.

If any part of this Agreement is held to be invalid or unenforceable, it will not affect the validity or enforceability of the rest of the Agreement. Without further action of the parties, that part will be reformed to the minimum extent necessary to make it valid and enforceable.