IBM licenses the Program to you on an ``as is'' basis, without warranty of any kind. IBM hereby expressly disclaims all warranties or conditions, either express or implied, including, but not limited to, THE WARRANTY OF NON-INFRINGEMENT and the implied warranties or conditions of merchantability and fitness for a particular purpose. You are solely responsible for determining the appropriateness of using this Program and assume all risks associated with the use of this Program, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.