NOTICE TO CUSTOMERS IBM SOFTWARE LICENSE AGREEMENT YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE OPENING THIS PACKAGE. OPENING THIS PACKAGE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM YOU SHOULD NOT OPEN OR USE THIS PACKAGE. IBM PROVIDES THIS SOFTWARE AND LICENSES ITS USE IN THE UNITED STATES AND PUERTO RICO. YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF THE PROGRAM TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE PROGRAM LICENSE. LICENSE This is a License Agreement for IBM Diagnostic Software Programs ("Software") which are provided in this package. International Business Machines Corporation ("IBM") owns the Software. The Software is protected by copyright and is licensed not sold. IBM grants you a license to use the Software as part of or in conjunction with a Personal Computer. You obtain no rights other than those granted to you under this license. IBM retains title to the Software and all copies you make of them. This license authorizes you to: 1. use the Software to set SCSI mode parameters; and 2. make one copy of the Software for backup, or archival purposes (IBM may make additional copies available to you upon request). You may NOT : 1. use, merge, copy, display, adapt, modify, execute, distribute or transfer the Software, except as authorized by this license; or 2. reverse assemble, reverse compile, decode, or translate the Software. Any attempt to sublicense, rent, lease, assign or to transfer Software, except as expressly provided by this license, is hereby null and void. WARRANTY The Software is provided ]as isŲ without warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the program is with you. Should the program prove defective, you (and not IBM) assume the entire cost of all necessary servicing, repair or correction. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. IBM does not warrant that the function contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. IBM's entire liability and your exclusive remedy shall be; 1. the replacement of the Software package if it does not meet IBM's "Limited Warranty" and which is returned to IBM, or 2. if IBM is unable to deliver a replacement Software package which is free of defects in materials or workmanship, you may terminate this Agreement by returning the Software. In no event will IBM be liable to you for any damages, including any lost profits, lost savings or other incidental or consequential damages arising out of the use or inability to use such program even if IBM has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages to the above limitation or exclusion may not apply to you. GENERAL You may terminate your license at any time. IBM may terminate your license if you fail to comply with the terms and conditions of this License Agreement or at any other time upon ten (10) days prior written notice. In either event, at IBM's option, you must destroy all your copies of the Software or return them to IBM. You are responsible for the payment of any taxes, including personal property taxes, resulting from this Agreement. Neither party may bring an action, regardless of form, more than two years after the cause of action arose. This license is governed by the laws of the State of New York. You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this Agreement.