Please read this agreement carefully. Your use of any service made available through alphaWorks Services ("the Service") indicates that You accept the following terms and conditions. If You do not agree to these terms and conditions, You may not use the Service.

1. USE OF SERVICE

You may submit information to alphaWorks Services, 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 personal, lawful research. You agree not to imply that the results have any warranty or endorsement from IBM. IBM provides this Service at no charge. You agree not to send automated queries of any sort to alphaWorks Services.

Any information 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 information You submit. For quality control and other purposes, IBM may monitor your use of the Service and transmission of information through it. IBM is not responsible for any third party seeing or obtaining information or results transmitted through the Service.

For alphaWorks Services which accept user-submitted materials, You also agree not to submit anyone else's copyrightable material to alphaWorks Services 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 represent that the information you submit does not violate a privacy, publicity or moral right, or disclose personal, government, business or other information without permission. You agree not to submit to the Service any material that: (a) is inaccurate, harmful, obscene, defamatory or otherwise offensive or objectionable to IBM or other users of the Service; or (b) violates laws of which you are aware. Information relating to the Digital Millennium Copyright Act and IBM's designated agent can be found at ( http://www.ibm.com/legal/us/dmca.html ). If You are a student or employee of a college or university, a member of the university's intellectual property licensing department or other authorized person must approve the terms of this Agreement.

2. TERM AND TERMINATION

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 information submitted by You from IBM's website, at any time and for any reason.

3. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

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 information. The risks You assume include, but are not limited to, the risks of program errors; damage to or loss of information, 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 information or results, or any damages claimed by You based on a third party claim, including a licensor of information 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 information You provide may be posted on the alphaWorks Services website. Anyone who agrees to the terms of this Agreement can access and download such information for her or his personal use for ninety days from downloading. 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 information, or out of IBM's disclosure, copying, distribution, display, performance, or preparation of derivative works of the information that You provide to IBM.

4. FEEDBACK AND INPUT 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 information that You provide to IBM, including but not limited to arrangements, visualizations, and selections of information, and feedback and suggestions You provide to IBM. For any information You provide to IBM that originates from a third party, You state 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.

5. GENERAL

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.

This Agreement, the Terms of Use Agreement for alphaWorks software (if You are provided software in using this Service) and the IBM Terms of Use (located at http://www.ibm.com/legal/us/ ) are the only agreements we have 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.

Please read this Agreement carefully. Your use of the QEDWiki service (the “Service”) made available through the alphaWorks Services website (the “Website") indicates that You accept the following terms and conditions. To the extent that any terms and conditions of this Agreement are inconsistent with the alphaWorks Services Use Agreement (http://services.alphaworks.ibm.com/tos.html), you hereby acknowledge and agree that these terms and conditions shall supersede the alphaWorks Services Use agreement and prevail. If You do not agree to these terms and conditions, You may not use the Service.

1. USE OF SERVICE

Your use of the Service, including the uploading, posting, publication or other provision of and/or the downloading, retrieval, subscription, or other access of Content is governed by this Agreement. “Content” as utilized herein includes, but is not limited to, data, information, text, software, code, music, sound, photographs, graphics, video, messages or other associated materials, media, and/or documentation.

The Website provides secured access and the Website and Service are maintained for personal, non-commercial, evaluation purposes only. You agree to use the Service for its intended purpose only and further agree not to access the Service by any means other than through the interfaces provided by IBM for use in accessing the Service except as specifically authorized in a separate, written agreement. Any use of the Service, Website, or Content in violation of this Agreement is strictly prohibited.

The Website may contain third party website links. Any websites linked to or from the Website are not reviewed, controlled, or examined by IBM and IBM is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any linked sites or Content does not imply endorsement of the linked site or Content by IBM. In no event shall IBM be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party's website, or the information or material accessed through such websites.

A. Content Provision or Display

By providing or displaying Content to, on, or through the Service, You:

(i) hereby grant IBM a non-exclusive, worldwide, irrevocable, royalty-free copyright license to reproduce, adapt, modify, publish and distribute the Content on the Website for the purpose of displaying, distributing and promoting the Service;

(ii) hereby grant users accessing the Content a nonexclusive, irrevocable, worldwide, royalty-free, copyright license to edit, copy, reproduce, publish, publicly display and/or perform, format, modify and/or make derivative works of, translate, re-arrange, and distribute the Content or any portions thereof, and to sublicense any or all such rights and to permit a sublicensee to further sublicense such rights;

(iii) agree that You will forever waive any claim to “moral rights” in the Content, and to the extent Your moral rights cannot be waived, agree to refrain from any enforcement of such rights against IBM and users accessing Your Content, in conjunction with IBM's and the users’ exercise of their licensed rights;

(iv) represent and warrant that (a) You own all of the Content (and have sufficient right, title and interest in and to the Content) or have obtained all written releases, authorizations and licenses from any other owners necessary to grant the licenses and other rights granted herein with respect to portion of the Content You do not own, (b) to the best of Your knowledge the Content does not infringe any copyright, patent, or other intellectual property right, or other right of any third party, nor has any claim of such infringement been threatened or asserted, (c) no such claim is pending, against You or against any entity from which You have obtained such rights, and (d) the Content does not contain any viruses or harmful code; (e) the Content does not contain any information that is considered confidential or trade secret to You or any third party; and (f) if the Content is or becomes ineligible for public posting or for legal distribution You will immediately notify IBM at:

Designated Agent: A. S. Berman, Associate General Counsel Address of Designated Agent: 1133 Westchester Avenue, White Plains, NY 10604 Email address of Designated Agent: asberman@us.ibm.com

Telephone number of Designated Agent: (914) 642-5847

It is understood that by providing the Content no patent license of any kind is granted, whether expressed or implied, or by estoppel.

IBM furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

B. Content Access

As a result of Your use of the Service, IBM may run a designated program, generate results and provide or display such results and/or other Content to You.

Content accessible using the Service may be provided by IBM or by third-parties. IBM Content is owned by IBM and is copyrighted and licensed, not sold. Third-party Content is owned by its respective owner and is licensed by the third party directly to You. IBM’s decision to permit posting of third-party Content does not constitute an express or implied license from IBM to You or a recommendation or endorsement by IBM of any particular product, service, company or technology.

The party providing the Content (the “Provider”) grants You a nonexclusive, worldwide, irrevocable, royalty-free, copyright license to edit, copy, reproduce, publish, publicly display and/or perform, format, modify and/or make derivative works of, translate, re-arrange, and distribute the Content or any portions thereof and to sublicense any or all such rights and to permit sublicensees to further sublicense such rights, provided You abide by the terms of this Agreement. You understand that no assurances are provided that the Content does not infringe the intellectual property rights of any other entity. Neither IBM nor the Provider grants a patent license of any kind, whether expressed or implied or by estoppel. As a condition of exercising the rights and licenses granted under this Agreement, You assume sole responsibility to obtain any other intellectual property rights needed.

The Provider of the Content is the party that submitted the Content and who represents and warrants that they own all of the Content, (or have obtained all written releases, authorizations and licenses from any other owner(s) necessary to grant You this license with respect to portions of the Content not owned by the Provider). All information provided on or through this Website may be changed or updated without notice. You understand that IBM has no obligation to check information and /or Content on the Website and that the information and/or Content provided on the Website may contain technical inaccuracies or typographical errors.

C. Freedom of Action

You understand and agree that IBM has absolutely no obligation to use, post or keep posted the Content (or any portion thereof) at all or in any manner. IBM may remove the Content from the Website in its sole discretion. You understand that IBM will not compensate You with respect to submission or use of the Content. This Agreement is non-exclusive and IBM and You may each design, develop, manufacture, acquire, or market competitive products or services. Each party is an independent contractor. Neither party is, nor will claim to be, a legal representative, partner, franchisee, agent or employee of the other, except as specifically stated in this Agreement. Neither party will assume or create obligations for the other.

D. Indemnification

You agree to indemnify and hold IBM and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees harmless from all claims, damages, liabilities, costs and expenses, including attorneys' fees, incurred as a result of any claim, proceeding or judgment due to or arising out of (i) Your use of the Service, Content, the results, or any other works created as a result of Your use of the Service, (ii) Your submission or transmission of Content by or through the Website, (iii) IBM's disclosure, copying, distribution, display, performance, or preparation of derivative works of the Content that You provide to IBM, (iv) Your violation or breach of: this Agreement as any and all additional requirements and/or guidelines for access of the Service posted on the Website, the Terms of Use and/or License Agreement for alphaWorks software (if You are provided software in using this Service), the IBM Terms of Use and/or (v) Your violation of any rights of another.

As between IBM and You, it is You, not IBM who has full responsibility for Your Content. You acknowledge that You, not IBM, are liable for all claims arising out of Your Content or the use thereof, including but not limited to alleged violations of: (a) any party's legal or intellectual property rights; or (b) any statute, regulation or law of any country.

E. Privacy

IBM may use, store and process Your information to communicate with You and to facilitate Your use of the Service and/or Website and will not rent or sell Your information, or use it for any purpose not consistent such use. You acknowledge and agree that Your information will be visible to and accessible by IBM Corporation, its affiliates around the world, others both inside and outside of the European Union, and all registered participants in the Website, and may be used by them to communicate with You. You acknowledge and agree that You will not rent or sell the information of any other participant in the Website (including IBM), or use such information for any marketing purposes or for any other purpose not consistent with participation in the Website (Additional information regarding IBM’s privacy policy may be found at http://www.ibm.com/privacy/us/en/).

2. FEEDBACK AND INPUT 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 feedback and suggestions (“Feedback”) You provide to IBM regarding the Service and/or any IBM Content. For any Feedback You provide to IBM that originates from a third party, You state 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.

3. GENERAL

The “United Nations Convention on International Sale of Goods” does not apply. This Agreement may not be assigned by You. The parties agree to waive their right to a trial by jury.

This Agreement, the alphaWorks Services Use Agreement (where consistent), the Terms of Use and/or License Agreement for alphaWorks software (if You are provided software in using this Service) and the IBM Terms of Use (located at http://www.ibm.com/legal/us/) are the exclusive agreements between the parties regarding Your use of the Service. They replace all other communications and agreements, oral or written, we may have had prior to this Agreement. For clarification, it is understood and You agree that any additional agreement or license terms or notices that may accompany the Content are invalid, void, and unenforceable against anyone who accesses the Content, including IBM.

By selecting “I Agree” below, You acknowledge and agree that You have read and understood this Agreement and hereby expressly agree with, accept and consent to, its terms and conditions as well as any and all additional requirements and/or guidelines for access of the Service posted on the alphaWorks Services Website. You further hereby waive any claim or right that You may have to assert that Your electronic acceptance herewith is not the equivalent of, or deemed to be, a valid signature to this Agreement. If You do not agree to these terms in their entirety without modification, then You must select “I DO NOT AGREE” below.