IBM LICENSE AGREEMENT FOR THE IBM OpenGL for OS/2 BETA PROGRAM -------------------------------------------------------------- By obtaining a copy of the file opengl.zip from this ftp server, you agree to abide by the following terms and conditions. GRANT OF LICENSE. -- You have a non-transferable and revokable right to use the OpenGL on OS/2 Beta Test Materials ("the Program") contained in the opengl.zip file. -- You may not distribute the Program outside of your immediate organization. -- You may not reverse assemble or reverse compile the program. -- You may not prepare or have prepared derivative works of the program. (That is, you may not modify the DLL's. You can, of course, link to them and use them in the way that an oridnary OpenGL application would use them.) COPYRIGHT. The program is owned by IBM and is protected by United States Copyright laws. TERMS AND TERMINATION. This license terminates 45 days after IBM makes generally available a product-level version of OpenGL for OS/2. Upon termination, you agree to destroy all of your copies of the Program. You may terminate this license at any time by destorying all your copies of the Program. IBM may terminate you license if you fail to abide by these terms and conditions of this license agreement. DISCLAIMER OF WARRENTY. Any subsequent release of the Program, including any beta or other pre-release offering of the Program shall be deemed a separate product from the Program licensed herein. The program may be modified substantially if it is offered in other IBM beta or other pre-release level product or if it generally available. The program may not be at the level of performance or compatibility of other IBM beta, pre-release or generally available IBM products. In addition, the manner in which IBM packages these development materials may differ substantially from the generally available product. The End User acknowledges that this license agreement does not grant the End User any rights to any IBM product, program, or documentation, including, without limitation, any version of the Program IBM may elect to make generally available, other than this Program. IBM does not guearentee that the Program will ever be made Generally available. The program and documantation is provided "AS IS". IBM MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM INCLUDING THE IMPLIED WARRENTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PROGRAM AND DOCUMENTATION REMAINS WITH YOU. Some jurisdictions do not allow the exclusion of implied warrenties, so the above exclusion may not apply to you. IN NO EVENT WILL IBM BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, INCIDENTAL DAMAGES OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF IBM OR ITS AUTHORIZED SUPPLIER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IBM WILL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM. Some jurisdictions do not allow the exclusion or limitation for consequential or incidental damages, so the above may not apply to you. If you acquired the Program in the United States or Puerto Rico, this license agreement is governed by the laws of the State of New York. If you acquired this Program in Canada, this license agreement is governed by the laws of the Province of Ontario. Otherwise, this license agreement is governed by the laws of the country in which you acquired the program.