The Application is made available to you, as an individual person, non-exclusively by International Business Machines Corporation ("IBM") at no charge via an Internet connection provided by you.
The Application and any related software, documentation, content or other materials provided by IBM in connection with the Application are owned by IBM or a third party supplier, and are copyrighted and licensed, not sold. Transfer of your rights under this Agreement is not permitted.
Your use of the Application is also subject to IBM's Online Application Privacy Statement http://www.ibm.com/privacy/us/en/. IBM tracks the mouse clicks, touch screen choices, or other "web clicks" you make in the Application. IBM uses these clicks to develop and enhance IBM products and services.
The Application may be unavailable during maintenance scheduled determined by IBM, and other scheduled or non-scheduled downtimes may occur. Either party may terminate use or access to the Application at any time.
IBM may utilize the User Materials to develop and enhance IBM products and services.
The Application source code is available for download under a separate URL that contains associated license terms.
The Application and associated content are provided "AS IS", with no warranties, express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement. IBM and its affiliates and suppliers will not be liable, under any contract, tort, strict liability, or other theory, for any direct, special, punitive, indirect, incidental, or consequential damages, including, but not limited to, loss of or damage to data, loss of anticipated revenue, profits, savings, or goodwill, work stoppage or impairment of other assets, whether or not foreseeable and whether or not you have been advised of the possibility of such damages. You are responsible for compliance with any applicable laws and regulations which may govern your accessing and use of the Application.
It is IBM's policy to respect the intellectual property rights of others. To report the infringement of copyrighted material, please visit the Digital Millennium Copyright Act Notices page at: http://www.ibm.com/legal/us/en/dmca.html.
The laws of the State of New York, excluding its conflicts of laws rules, govern this Agreement and your use of the Application.
IBM wants to know what you think about the Application and how IBM can make them better. You can do this by providing your comments and feedback via online forums or other submission vehicles, including questions asked in the Application, that IBM makes available to you. By providing your comments and feedback to IBM, you authorize IBM to publish and display them and to use them in the development and enhancements of its products and Application.