BEFORE OPENING THIS PACKAGE, YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. OPENING THIS PACKAGE INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE PACKAGE UNOPENED TO IBM. IBM OS/2 2.1 SERVICEPAK BETA (herein after referred to as ServicePak.) GRANT OF LICENSE. International Business Machines Corporation, or the applicable IBM country organization (IBM), grants you a nontransferable license to use one copy of the enclosed ServicePak on only one machine at any one time solely for testing and de velopment feedback within your enterprise. IBM further grants you the right to make an additional 9 copies of the Program (for a total of 10 copies) to use under the provisions of this agreement. You may also make one copy of the Program solely for backu p purposes or archival purposes. TERM AND TERMINATION. Unless IBM notifies you of an earlier date (with 14 days notice), your license for the ServicePak terminates 14 days after the general availability of ServicePak or March 31, 1994, whichever is earlier. Upon termination you agree t o destroy all copies of the ServicePak. You may terminate your license at any time by destroying all your copies of the ServicePak and notifying IBM in writing. IBM may terminate your license if you fail to comply with the terms and conditions of this a greement. DISCLAIMER OF WARRANTY The ServicePak contains pre-release code and may be modified substantially before general availability. The ServicePak may not be at the level of the performance or compatibility of generally available IBM products. IBM does not guarantee the ServicePak will ever be made generally available. The ServicePak is provided "AS IS" WITHOUT ANY IBM WARRANTIES (OR CONDITIONS), EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICEPAK, INCLUDING THE IMPLIED WARRANTIES (OR CONDITIONS) OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AR ISING OUT OF USE OR PERFORMANCE OF THE PROGRAM AND DOCUMENTATION REMAINS WITH YOU. Some jurisdictions do not allow the exclusion of implied warranties, so the above may not apply to you. IN NO EVENT WILL IBM BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, INCIDENTAL OR INDIRECT DAMAGES OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF IBM OR ITS AUTHORIZED SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IBM WILL N OT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM. Some jurisdictions do not allow the exclusion or limitation for consequential damages, so the above may not apply to you. If you use the ServicePak in the United States, this license is governed by the laws of the State of New York. If you use this ServicePak in Canada, this license is governed by the laws of the Province of Ontario. Otherwise, this license is governed by the laws of the country in which you use the ServicePak. ‚ IBM and OS/2 are registered trademarks of the International Business Machines Corporation.