Technology Preview Code

The Program includes the following technology preview packages and features:

Packages:

NVIDIA TensorRT
PyTorch: torchtext and pytext natural language support
PyTorch: NVIDIA APEX Automatic Mixed Precision and optimizer support
TensorFlow 2.0
Snap ML: snap-ml-spark library

Technology Preview Code (TPC) may be included or distributed with the Program or updates to it but are not part of the Program. TPC is licensed under the same terms as the Program, except as provided below. TPC will be identified as such in the Notices File (or in an updated Notices File accompanying the updates). Some or all of the TPC may not be made generally available by IBM as or in a product. Licensee is permitted to use TPC only for internal use for evaluation purposes and not for use in a production environment. The Notices File may limit this evaluation use to an evaluation period. If so, at the end of such evaluation period Licensee must cease using and uninstall the TPC. IBM provides the TPC without obligation of support and "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE AND ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Licensee may not transfer TPC to another party except as a transfer accompanying the Program. TPC may contain a disabling device that will prevent it from being used after the evaluation period ends. Licensee will not tamper with this disabling device or the TPC. Licensee should take precautions to avoid any loss of data that might result when the TPC can no longer be used.

Licensee assigns to IBM all right, title, and interest (including ownership of copyright) in any data, suggestions, or written materials that 1) are related to the Technology Preview Code and 2) Licensee provides to IBM. Upon IBM's request, Licensee will sign additional documents necessary to assign such rights. In addition to the foregoing, Licensee grants to IBM a non-exclusive, irrevocable, unrestricted, worldwide and paid-up right and license to a) include in any product or service any idea, know-how, concept, technique, invention, discovery or improvement, whether or not patentable, that Licensee provides to IBM related to the Technology Preview Code b) use, manufacture and market any such product or service, and c) allow others to do any of the foregoing.

Licensee agrees to treat the following as "IBM Confidential Information" regardless of whether they contain restrictive markings indicating the confidential nature thereof or have been identified as IBM Confidential Information prior to disclosure: (a) the Technology Preview Code, (b) any information provided to Licensee by IBM with regard to the Technology Preview Code including, but not limited to, related materials such as specifications, plans, trends, strategies, benchmarks, performance characteristics, comparisons and other assessments of the Technology Preview Code, (c) any information related to Licensee's access to the Technology Preview Code including, but not limited to, passwords or other access codes, and (d) all data, feedback, suggestions and/or written materials that Licensee provides to IBM related to the Technology Preview Code. Licensee is authorized to use the IBM Confidential Information for the purpose for which it was disclosed or otherwise for the benefit of IBM. Notwithstanding any other terms of this Agreement, Licensee agrees not to communicate, publish, disseminate or otherwise discuss with or disclose to any third party the IBM Confidential Information (including but not limited to articles, papers or other written materials pertaining to the IBM Confidential Information) prior to IBM making such IBM Confidential Information publicly available without a non-disclosure obligation. Notwithstanding the above, Licensee does not have a confidentiality obligation to Technology Preview Code identified in the Notices File as non-confidential.

Licensee agrees to use the same care and discretion to avoid disclosure of the IBM Confidential Information as Licensee uses with Licensee's own similar information that Licensee does not wish to disclose, but in no event will such degree of care be less than reasonable care. Licensee's obligations with respect to the IBM Confidential Information will continue for a period of two years from Licensee's receipt of the IBM Confidential Information. Licensee agrees not to disclose to IBM any information that is considered confidential or proprietary to Licensee or any third party except under a signed, separate, written confidential agreement.

Notwithstanding the existence of any confidentiality or other agreement Licensee may have with IBM pertaining to confidential information, the preceding paragraphs will govern the treatment of the IBM Confidential Information.