PCM Testkit V4.9

Please read the following license information before proceeding with the testkit download. Your use of the PCM Testkit and its contents is conditional upon your acceptance of these terms.

 

This is a legal agreement between you (either an individual or an entity), the developer, who is a licensee of the OS/2 Hardware Compatibility Testkit Version 4.9 and the IBM Corporation.

BY USING THE ENCLOSED SEALED TEST KIT CD PACKAGE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE TEST KIT CD PACKAGE AND THE ACCOMPANYING ITEMS (INCLUDING THE WRITTEN MATERIALS OR OTHER CONTAINERS) TO SENDER.

   1. "Software" shall mean the OS/2 Compatibility Test Kit Version 4.9 program including documentation, CD-ROM and Test Results Diskette whether or not it is in printed form. ("Software" shall not include any packaged OS/2 Warp program or product ).
   2. IBM hereby grants LICENSEE a fully paid-up, nonexclusive, nontransferable license to the Software. Under this LICENSE:

      LICENSEE may:
         1. LICENSEE may copy the Software and distribute the Software on LICENSEE's internal Local Available Network test environment for the sole purpose of testing the OS/2 operating system, provided however, that LICENSEE shall reproduce and include the copyright notices and other legend on all such copies of the Software.
      LICENSEE may not:
         1. use, copy or distribute the Software except as provided in this Agreement or as otherwise specified by an IBM authorized representative in writing;
         2. distribute the Software over publicly accessible networks such as via FTP Server, Internet E-mail, the World Wide Web. or electronic bulletin boards;
         3. modify, merge or transfer copies of the Software or otherwise alter;
         4. reverse assemble or reverse compile the Software; and/or
         5. sublicense, rent, lease or assign the Software or any copy of it.
   3. IBM LICENSES THE SOFTWARE ON AN "AS IS " BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
   4. IBM does not warrant that the Software is free from claims by a third party of copyright, patent, trademark, trade-secret or any other intellectual property infringement or the like.
   5. IBM shall have no liability for actual damages incurred by LICENSEE in connection with the Software. In no event will IBM be liable for any lost profits, lost savings, or any incidental damages or other consequential damages, even if IBM has been advised of the possibility of such damages, nor shall IBM be responsible for any damages claimed by LICENSEE based on any third party claim.
         1. IBM shall not be RESPONSIBLE FOR ANY INACCURACY of information supplied to IBM on the test results diskette; test data or manufacturers product information.
   6. IBM does not guarantee that the Software's operation will be uninterrupted or error free. IBM has no obligation to provide service, defect correction or any maintenance of or for the Software. IBM has no obligation to supply any updates to or enhancements of the Software to LICENSEE even if such are or later become available.
   7. LICENSEE may terminate its license at any time by destroying all of its copies of the Software.
   8. IBM may terminate LICENSEE's license if LICENSEE fails to comply with any term and/or condition of this Agreement. Upon such termination, LICENSEE agrees to destroy all its copies of the Software.
   9. Neither party may bring an action, regardless of form, arising out of this Agreement more than two years after the cause of action arose.
  10. The validity, construction and performance of this Agreement shall be governed by the substantive law of the State of New York and the copyright laws of the United States as if this Agreement was executed in and fully performed within the State of New York.
  11. LICENSEE may not sell, transfer, assign or subcontract any right or obligations set forth in, or which is the subject of this Agreement. Any act in derogation of the foregoing shall be null and void.
  12. LICENSEE agrees that "OS/2" is a trademark of the International Business Machines Corporation. There is nothing on diskettes or CDROM which is IBM Confidential.
  13. If LICENSEE's hardware passes the OS/2 compatibility tests, IBM may, at its sole discretion, elect to disseminate the test results to the public including, but not limited to distribution on electronic forums (e.g. World Wide Web) and bulletin boards by adding LICENSEE's listing; model description, product information, hardware configuration, and test results as provided to IBM, to the OS/2 Compatibility List. IBM may, at its sole discretion, elect not to add or remove LICENSEE's hardware from such IBM list.
  14. LICENSEE shall complete and return to IBM the Test Results Diskette or Test Results Diskette electronic image. Such completed Test Results Diskette shall be deemed Test Information subject to the obligations of Section 13 of this Agreement. By completing and returning the Test Results Diskette or diskette image, LICENSEE confirms and certifies that the Test Results Diskette or Diskette image accurately reflects the test results. In addition, LICENSEE shall indemnify and hold IBM harmless for all liabilities, damages, and expense, causes of action, suits and claims of any nature, (along with attorneys' fees and costs of litigation), arising out of or in connection with LICENSEE's failure to abide by the terms of this Agreement.
  15. IBM shall notify LICENSEE of the OS/2 compatibility test results, passing or failing, in writing or electronically. This may be via E-mail, facsimile (FAX). IBM may post passing results to the OS/2 Compatibility List on the World Wide Web. Notwithstanding Section 13.0, if IBM notifies LICENSEE that LICENSEE's hardware passed the OS/2 compatibility tests, LICENSEE shall have the right to disclose such information publicly. However, should LICENSEE use the IBM notification or IBM's name in any way, such disclosure shall accurately reflect the contents and any and all restrictions contained in the notification to LICENSEE. At IBM's request, LICENSEE agrees to change any materials or use of materials which IBM determines to be inaccurate, objectionable, misleading or a misuse of an IBM trademark. LICENSEE will pay the expenses for such change. Should IBM notify LICENSEE that LICENSEE's hardware failed the OS/2 compatibility tests, LICENSEE shall not disclose the test results without IBM's prior written consent.
  16. LICENSEE agrees not to communicate any term or other provision of this Agreement to any third party. This paragraph 16.0 shall survive the expiration or any termination of this Agreement.
  17. This Agreement does not give licensee the right to use any IBM trade-names or product-names.
  18. This Agreement constitutes the entire Agreement concerning the subject matter hereof between the parties and shall supersede all prior communications, oral or written, between them relating to the subject matter hereto. Any terms or Agreements which are inconsistent or different from the terms of the Agreement shall be void.

      *OS/2 is a registered trademark of the IBM Corporation in the U.S. and other countries.

 

The PCM Testkits prior to V4.8 are no longer supported. Customers that have versions prior to the V4.8 CDROM will have to send an e-mail to os2pc@us.ibm.com in order to get the latest PCM Testkit CDROM release. (Currenly only V4.9 CDROMS are available.)

 

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