For the avoidance of doubt, however, IBM expressly reserves the right to terminate your access and/or use of the z/OS ADCD SW stack and associated downloads without notice and your liability for such termination shall be limited to the amount of the subscription fees attributable to your use of the z/OS ADCD SW stack and associated downloads if it is determined that you are using the z/OS ADCD SW stack and associated downloads to practice your own solutions or in the use of a commercial product. IBM will not be liable for any other losses or damages.
IBM and its suppliers and distributors shall have no responsibility or liability for any failure of performance, error, interruptions, defect, omission, or inaccuracy in any software, documentation, objective instructions, or other information or material made available in connection with the z/OS ADCD SW stack and associated downloads or on any system or systems for which the z/OS ADCD SW stack and associated downloads are applicable and from which the z/OS ADCD SW stack and associated downloads are to be used and no warranty in respect of this information or material is made to you, whether express or implied, including, without limitation any implied warranty of merchantability and fitness for a particular purpose. The entire risk arising out of your use of the z/OS ADCD SW stack and associated downloads rests upon you.
IBM designates the intent to distribute and make available publicly by IBM a particular software program only to the extent that IBM has a good faith belief that use of the program by individual customers for individual purposes on individual systems is not against public policy and is consistent with the rights of IBM under the applicable copyrights law including without limitation any patents applicable to the program. For the avoidance of doubt IBM reserves the right to withdraw this notice of distribution at any time. 7211a4ac4a