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Terms of Use

You are being presented with this agreement because you are either logging into Jazz.net for the first time or this agreement has been updated since the last time you logged in. You can always read the latest version of this agreement by visiting Jazz.net and clicking on the "Terms of Use" link in the footer of any page.

BY ACCESSING, BROWSING AND/OR USING THE JAZZ.NET WEB SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE, TO BE BOUND BY THESE TERMS AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING EXPORT AND RE-EXPORT CONTROL LAWS AND REGULATIONS. THIS WEB SITE IS AVAILABLE ONLY IN ENGLISH. YOU ARE BEING PROVIDED ACCESS TO THIS WEBSITE AND ITS CONTENT ON THE CONDITION THAT YOU AGREE TO THE BINDING NATURE OF THESE AND OTHER ENGLISH LANGUAGE TERMS AND CONDITIONS REGARDLESS OF LOCAL LANGUAGE RESTRICTIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEB SITE.

This Jazz.net Web site is a service made available by International Business Machines Corporation ("IBM"). The following are terms of a legal agreement between you and IBM that apply to all software, documentation, information and/or other materials provided on this Web site ("Content").

IBM may at any time without notice revise these terms by updating this posting. By using this Web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.

Users of Jazz.net may also have occasion to use the JazzHub service and web site. The terms of use for JazzHub differ from these Jazz.net terms. JazzHub Terms of Use may be found here.

Content

REFERENCES IN CONTENT TO IBM PRODUCTS, PROGRAMS, OR SERVICES DO NOT IMPLY THAT THEY WILL BE AVAILABLE IN ALL COUNTRIES IN WHICH IBM OPERATES. CONTENT, INCLUDING ANY PLANS CONTAINED IN CONTENT, MAY CHANGE AT ANY TIME AT IBM'S SOLE DISCRETION, BASED ON MARKET OPPORTUNITIES OR OTHER FACTORS, AND IS NOT INTENDED TO BE A COMMITMENT TO FUTURE CONTENT, INCLUDING PRODUCT OR FEATURE AVAILABILITY, IN ANY WAY. STATEMENTS REGARDING IBM'S FUTURE DIRECTION OR INTENT ARE SUBJECT TO CHANGE OR WITHDRAWAL WITHOUT NOTICE AND REPRESENT GOALS AND OBJECTIVES ONLY.

Content may contain technical inaccuracies or typographical errors and may be changed, improved or updated without notice.

By furnishing Content, IBM does not grant any rights or licenses to any copyrights, patents, trademarks, or any other intellectual property rights, except as otherwise expressly stated for the Content. All rights not expressly granted under this agreement are reserved.

IBM grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal, non-commercial use of this Web site. Content may be accompanied by licenses or other agreements, in which case such Content is governed solely by the agreements under which they are provided. If you obtain Content from this Web site that is not provided under an agreement, such Content is not provided as "public domain". You may not reverse assemble, reverse compile, or otherwise translate the Content into human-readable form or into another program language (except as may be specifically permitted by law without the possibility of contractual waiver). You may not mirror any of the Content from this site on another Web site or in any other media. You may not use the Content to develop software or services that provide the same or similar functionality to the Content. Your failure to comply with the terms, conditions, and notices on this Web site will result in automatic termination of any rights granted to you, without prior notice.

IBM assumes no responsibility regarding the accuracy, currency or completeness of the Content and use of the Content is at the recipient's own risk. IBM assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any Content. IBM provides no assurances that any reported problems may be resolved with the use of any Content.

USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT IS PROVIDED "AS-IS". SUBJECT TO STATUTORY WARRANTIES, IF ANY, THAT CANNOT BE EXCLUDED, IBM, ITS DEVELOPERS AND SUPPLIERS MAKE NO WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION, IBM MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

IBM makes no representations or warranties whatsoever about any other Web site or third party resources which may be referenced, accessible from or linked to this one (even if it contains an IBM logo).You agree that IBM is not responsible for the availability of such external sites or resources, that it is not responsible or liable for any content, services, products or other materials on or available from those sites or resources, and that such content, etc., is not Content under this agreement. IBM is not a party to any transactions you may enter into with third parties, even if you learn of such from this site. In addition, a link to a non-IBM Web site does not mean that IBM endorses or accepts any responsibility for the content, or the use, of such Web site or its owner. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

IN NO EVENT WILL IBM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE FOR ANY USE OF THIS WEB SITE OR CONTENT, OR FOR ANY OTHER HYPER LINKED WEB SITE AND ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Use of this Web site by You

In order to access certain parts of this Web site, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for this Web site. You agree that any such information you provide will always be accurate, correct, and up to date.

You agree that you are responsible for securing and maintaining the confidentiality of the password associated with your registered account or other security access controls used by the Web site. You agree that you will be solely responsible for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify IBM immediately at webmaster@jazz.net.

You agree that if IBM disables your account, you may be prevented from accessing parts or all of this Web site. IBM may revoke access to all or part of this Web site at any time at its discretion and for any reason.

You agree that you will not engage in any activity that interferes with or disrupts this Web site or the servers and networks which are connected to this Web site.

You may not use this Web site to communicate in any manner any unlawful or inappropriate information or materials, including without limitation anything that is threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane. IBM may investigate complaints or violations of these Terms of Use and, notwithstanding any other terms or policies, it may take any action it deems appropriate including, without limitation, disclosing any information to enforcement agencies or others. In addition, IBM reserves the right to pursue all remedies available for such violations. IBM may revoke access to all or part of this Web site at any time at its discretion and for any reason.

Contributory Licenses

By sending IBM or this Web site (including but not limited to by uploading, submitting or otherwise making available or contributing to IBM or this Web site) any information or material, you grant (or warrant that the owner of such rights has expressly granted) IBM an unrestricted, worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid up, license to use, make, have made, reproduce, display, perform, publish, upload, post, modify, create derivative works from, transmit, distribute, sell, offer for sale and sublicense or otherwise transfer those materials or information or their modifications, and to authorize third parties to do any, some or all of the foregoing including, but not limited to, sublicensing others to do any some or all of the foregoing indefinitely. You represent and warrant that to your knowledge, you have sufficient rights in those materials or information to grant these rights and licenses. You also agree that IBM and its sub-licensees as described above are free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

Further, to the extent that you have made your identity known by posting, uploading, submitting otherwise using the Jazz.net Web site as intended, you give permission to IBM to publicly disclose your name or otherwise publicize the fact that you submitted materials or other information to us, and IBM may do so without the need of further notice to you.

Notwithstanding any other terms in this agreement, IBM is under no obligation to use, post or upload any contribution you make to this Web site or otherwise, and IBM may remove any posting or upload you make at IBM's sole discretion.

Confidential Information

IBM does not want to receive confidential or proprietary information or material from you through our Web site. Please note that any information or material sent to IBM or this Web site will be deemed not to be confidential.

Unless otherwise stated in this agreement, personally-identifiable information that you submit to IBM for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please click here for information regarding this Web site's privacy policies. If you request something from this Web site, for example, a download or documentation, we will use the information you provide to fulfill your request. To help us do this, we may share information, with others, for instance, other parts of IBM, IBM's Business Partners, financial institutions, shipping companies, postal or government authorities (for example, Customs authorities) involved in fulfillment.

You authorize IBM and its subsidiaries (and their successors and assigns, contractors and IBM Business Partners) to store and use your business contact information wherever they do business, in connection with IBM products and services or in furtherance of IBM's business relationship with you.

General

All trademarks or logos presented on this Web site are and remain the property of their respective owners. No licenses or other rights in or to such trademarks or logos are granted. This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

IBM provides the software downloaded from this Web site to U.S. Government users with "RESTRICTED RIGHTS." Use, reproduction, or disclosure is subject to the restrictions set forth in IBM's GSA ADP Schedule contract.

All links to this Web site must be approved in writing by IBM, except that IBM consents to links in which the link and the pages that are activated by the link do not:(a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with IBM; (c)imply that IBM approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about IBM or otherwise damage the goodwill associated with the IBM name or trademarks. As a further condition to being permitted to link to this site, you agree that IBM may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any IBM trademark.

This agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America, without regard to conflict of law principles. No party to this agreement may bring a legal action under agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.

Digital Millennium Copyright Act Notices

It is the policy of IBM to respect the intellectual property of others and thus to respond to effective notices of alleged infringement of copyrighted material where (i) the copyrighted material is available at, or from, a system or network controlled or operated by or for IBM or where (ii) IBM, by providing or using an information location tool, such as a directory, index, reference, pointer, or hypertext link, refers or links a third party to a site that contains the copyrighted material.

If you are alleging that copyrighted material may have been or is being infringed, then you may notify IBM, pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c),by sending a notice to the address listed below. Such notice must include the following to be effective:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit IBM to locate the material;
  4. Information reasonably sufficient to permit IBM to contact you such as an address, telephone number, and, if available, an electronic mail address at which youmay be contacted;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter Notices

If material that you have posted to a system or network controlled or operated by or for IBM has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the address listed below that includes the following:

  1. A physical or electronic signature of the subscriber;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which IBM may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

Designated Agent for All Notices, Including Counter Notices

All written notices should be sent to the following Designated Agent:

Designated Agent:A. S. Berman, Associate General Counsel
Address:1133 Westchester Avenue, White Plains, NY 10604
Email address:asberman@us.ibm.com
Telephone number:(914) 642-5847

Trademarks

IBM, the IBM logo, Jazz, Rational, and Team Concert are trademarks of IBM Corporation, in the United States, other countries, or both. For other trademarks see http://www.ibm.com/legal/copytrade.shtml.

Built on Eclipse is a trademark of Eclipse Foundation, Inc.

Java and all Java-based trademarks and logos are trademarks or registered trademarks of Oracle and/or its affiliates.

Microsoft, Visual Studio, and the Visual Studio logo are trademarks or registered trademarks of Microsoft Corporation in the United States and/or other countries.

Apache and the Apache Maven logo are trademarks of The Apache Software Foundation.

Other company, product, or service names may be trademarks or service marks of others.