Please read this agreement carefully. This is a binding agreement between You and IBM. Print and retain a copy of all applicable terms for your records.
“Content” means all data, software, and information, including, without limitation, any hypertext markup language files, scripts, programs, recordings, sound, music, graphics, images, applets, or servelets that are created, installed, uploaded, or transferred in connection with the Service by You.
“IBM” means International Business Machines Corporation.
“You” and “Your” means either an individual person or a single legal entity.
Your use of the IBM Research Labs service (the “Service”) indicates that You accept the following terms and conditions. If You are accepting these terms on behalf of another person, company or other legal entity, You represent and warrant that You have full authority to bind that person, company or legal entity to these terms. If You do not agree to these terms and conditions, do not click the “accept” button or access the Service.
In some instances, you may be required to register before being allowed to access the Service. You are responsible for protecting your account information and password and for controlling who may access Your account or use the Service on your behalf.
The Service provides You with a preview of certain services or applications, which may not have been fully tested. IBM provides the Service at no charge.
You may submit Content to the Service, 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 lawful research. You agree not to imply that the results have any warranty or endorsement from IBM. Any Content 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 Content You submit. For quality control and other purposes, IBM may monitor your use of the Service and transmission of Content through it.
You agree not to send automated queries of any sort to the Service. You also agree not to submit anyone else's copyrightable material to the Service 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 are responsible for all Content, including selection, creation, design, usage, licensing, maintenance, testing, backup, and support. You will not provide any Content with personal information unless such information is anonymized. The laws of some jurisdictions may require the consent of individuals prior to including their personal information in the Content. You agree to comply with all applicable laws, to obtain all necessary consents, and make all necessary disclosures before including personal information in the Content.
IBM or its suppliers retain all rights, title, and interest in the Service (including any applications or software provided as part of the Service). You may not 1) use, copy, modify, link to, or distribute any portion of the Service, except as expressly provided in this Agreement; or 2) reverse assemble, reverse compile, or otherwise translate any of the Service except as specifically permitted by law without the possibility of contractual waiver.
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 Content submitted by You from IBM’s website, at any time and for any reason.
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 Content. The risks You assume include, but are not limited to, the risks of program errors; damage to or loss of Content, 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 Content or results, or any damages claimed by You based on a third party claim, including a licensor of Content 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 Content You provide may be posted on the Service website. Anyone who agrees to the terms of this Agreement can access and download such Content. Some applications included with the Service may provide You with access restrictions that You may implement in order to help protect your Content. You are responsible for any such implementation. IBM shall have no liability in the event such access restrictions are not sufficient to protect your Content. IBM is not responsible for any third party seeing or obtaining Content or results transmitted through the Service.
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 Content, or out of IBM's disclosure, copying, distribution, display, performance, or preparation of derivative works of the Content that You provide 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 Content that You provide to IBM, including but not limited to arrangements, visualizations, and selections of Content, and feedback and suggestions You provide to IBM. For any Content You provide to IBM that originates from a third party, You represent 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.
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.
You acknowledge that IBM may use global resources and personnel located in various countries for the delivery of Services. You represent that no Content accessible to IBM for a Service will require an export license or is restricted from export to any IBM global resource or personnel under applicable export control laws.
You represent that you are not subject, either directly or indirectly (by affiliation or any other connection with another party), to any order issued by any agency of the United States Government revoking or denying, in whole or in part, your United States export privileges. You agree to notify IBM immediately if you become subject to any such order.
You may be provided with a license agreement if You are provided with software in using the Service (the “License Agreement”). In addition, some applications included with the Service may have additional terms and conditions (“Additional Terms and Conditions”) This Agreement and any License or Additional Terms and Conditions you may receive are the only agreements 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.
Any terms of this Agreement that by their nature extend beyond the termination remain in effect until fulfilled, and apply to both parties’ respective successors and assignees.
This Agreement does not create an agency, joint venture, or partnership between You and IBM.
Each party grants only the licenses and rights specified in this Agreement. No other licenses or rights (including licenses or rights under patents) are granted either directly, by implication, or otherwise.
Unless otherwise required by applicable law without the possibility of contractual waiver or limitation, i) neither party will bring a legal action, regardless of form, arising out of or related to this Agreement or the Service more than two years after the cause of action arose; and ii) after such time limit, any legal action arising out of this Agreement or the Service and all respective rights related to any such action lapse.
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