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IBM-UB Handwritten Database Sub-License Agreement


BY DOWNLOADING, INSTALLING, COPYING, ACCESSING OR USING THE DATABASE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THIS DATABASE.

“IBM" is International Business Machines Corporation or one of its subsidiaries.

“University" is The Research Foundation of SUNY on behalf of the University at Buffalo.

“You’' and “Your” refer either to an individual person or to a single legal entity.

1. License

This Database is owned by IBM or an IBM supplier and is copyrighted and licensed, not sold.

IBM has granted University a non-exclusive, worldwide, fully paid-up license to use the Database, and to sublicense the contents of the Database to students and researchers for educational and research purposes only.

You may internally use, execute, display, reproduce, perform, prepare derivative works from, and distribute and transmit the Database internally for research and educational purposes only.

Any data distributions and transmissions shall prominently display attributions as to the source of the Data, as may be directed by University or IBM.

You may not sub-license, rent or lease the Database or access to the Database.

In the event that You are directed to remove any part(s) of the Database by University or by IBM, You shall immediately remove or delete such part(s) and all copies and subsets of such parts, from any and all files and storage media (in any and all formats) maintained and controlled by You, and shall notify the directing entity in writing that such part(s) has been either destroyed or returned to University. IBM, in its discretion, may indicate in its notice that You have a defined period of time to complete their use and analysis of the Data.

There is no charge to You for this sub-license.

2. No Warranty

The Database is supplied to You “AS IS".

NEITHER THE IBM NOR THE UNIVERSITY MAKES ANY WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INLCUDING WITHOUT LIMITATION THE WARRANTY OF NON-INFRINGMENT, THE WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DATABASE. AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE DATABASE.

IBM does not provide Database services or technical support.

3. Limitation of Liability

UNDER NO CIRCUMSTANCES IS IBM OR THE UNIVERSITY LIABLE FOR ANY OF THE FOLLOWING: LOSS OF, OR DAMAGE TO, DATA: SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.

4. General

Except as explicitly provided in this Agreement, IBM does not grant any licenses under any patent, copyright or intellectual property right of IBM.

This Agreement is governed by the laws of the State of New York, without regards to its conflict of laws provisions. You expressly waive the right to trial by jury in any matter which arises under this Agreement.

By submitting the information below, the parties agree to the terms of this Agreement.


The Research Foundation of SUNY on behalf of the University at Buffalo:

Jeffrey Schieder
Sr. Agreement Administrator


Accepted and Agreed to:

Name:
Title:
Organization:
E-mail Address:
Date:

Sub-license agreement under Data License Agreement No. W0550642