License Information documents

Repository for licenses under the IPLA family

LICENSE INFORMATION

The Programs listed below are licensed under the following License Information terms and conditions in addition to the Program license terms previously agreed to by Client and IBM. If Client does not have previously agreed to license terms in effect for the Program, the International Program License Agreement (Z125-3301-14) applies.

Program Name: IBM ILOG CPLEX Optimization Studio Developer Edition 12.7
Program Number: 5725-A06

Program Name: IBM ILOG CPLEX Optimizer Deployment Edition 12.7
Program Number: 5725-A06

Program Name: IBM ILOG CPLEX Optimizer for Non-Production 12.7
Program Number: 5725-A06

Program Name: IBM ILOG CPLEX Optimizer Single User Edition 12.7
Program Number: 5725-A06

Program Name: IBM CPLEX Optimizer Deployment Entry Edition 12.7
Program Number: 5725-A06

Program Name: IBM ILOG CPLEX MILP add-on Developer Edition 12.7
Program Number: 5724-Y48

Program Name: IBM ILOG CPLEX Developer Edition 12.7
Program Number: 5724-Y48

Program Name: IBM ILOG CPLEX LP Developer Edition 12.7
Program Number: 5724-Y48

Program Name: IBM ILOG CP Optimizer Developer Edition 12.7
Program Number: 5724-Y49

Program Name: IBM ILOG OPL CPLEX Developer Edition 12.7
Program Number: 5724-Y54

Program Name: IBM ILOG OPL CPLEX Analyst Studio 12.7
Program Number: 5724-Y55

Program Name: IBM ILOG CPLEX MILP add-on Desktop Edition 12.7
Program Number: 5724-Y48

Program Name: IBM ILOG CPLEX Desktop Edition 12.7
Program Number: 5724-Y48

Program Name: IBM ILOG CPLEX LP Desktop Edition 12.7
Program Number: 5724-Y48

Program Name: IBM ILOG CP Optimizer Desktop Edition 12.7
Program Number: 5724-Y49

Program Name: IBM ILOG CPLEX For Non Production 12.7
Program Number: 5724-Y48

Program Name: IBM ILOG CPLEX MILP add-on Server Edition 12.7
Program Number: 5724-Y48

Program Name: IBM ILOG CPLEX Server Edition 12.7
Program Number: 5724-Y48

Program Name: IBM ILOG CPLEX LP Server Edition
Program Number: 5724-Y48

Program Name: IBM ILOG CP Optimizer Server Edition 12.7
Program Number: 5724-Y49

As described in the International Program License Agreement ("IPLA") and this License Information, IBM grants Licensee a limited right to use the Program. This right is limited to the level of Authorized Use, such as a Processor Value Unit ("PVU"), a Resource Value Unit ("RVU"), a Value Unit ("VU"), or other specified level of use, paid for by Licensee as evidenced in the Proof of Entitlement. Licensee's use may also be limited to a specified machine, or only as a Supporting Program, or subject to other restrictions. As Licensee has not paid for all of the economic value of the Program, no other use is permitted without the payment of additional fees. In addition, Licensee is not authorized to use the Program to provide commercial IT services to any third party, to provide commercial hosting or timesharing, or to sublicense, rent, or lease the Program unless expressly provided for in the applicable agreements under which Licensee obtains authorizations to use the Program. Additional rights may be available to Licensee subject to the payment of additional fees or under different or supplementary terms. IBM reserves the right to determine whether to make such additional rights available to Licensee.

Program's specifications can be found in the collective Description and Technical Information sections of the Program's Announcement Letters.

Supporting Programs

The Program is licensed as a multi-product package and includes the Supporting Programs identified below. Licensee is authorized to install and use such Supporting Programs only to support Licensee's use of the Principal Program under this Agreement and within the limits of the Proofs of Entitlement for the Program (unless broader rights are provided elsewhere in this License Information document). The phrase "to support Licensee's use" would include only those uses that are necessary or otherwise directly related to a licensed use of the Principal Program or another Supporting Program. The Supporting Programs may not be used for any other purpose. Licensee is not authorized to transfer or remarket the Supporting Programs separate from the Principal Program. A Supporting Program may be accompanied by license terms, and those terms, if any, apply to Licensee's use of that Supporting Program. In the event of conflict, the terms in this License Information document supersede the Supporting Program's terms. When Licensee's right to use the Program expires or terminates, Licensee must discontinue use, destroy or promptly return all copies of the Supporting Programs to the party from whom Licensee acquired the Program. If Licensee downloaded the Supporting Programs, Licensee should contact the party from whom Licensee acquired the Program. If Licensee wishes to license the Supporting Programs for any use beyond the limits set forth above, please contact an IBM Sales Representative or the party from whom Licensee acquired the Program to obtain the appropriate license.

The following are Supporting Programs licensed with the Program:
IBM ILOG JViews Enterprise 8.8

Non-Production Limitation

If the Program is designated as "Non-Production", the Program can only be deployed as part of the Licensee's internal development and test environment for internal non-production activities, including but not limited to testing, performance tuning, fault diagnosis, internal benchmarking, staging, quality assurance activity and/or developing internally used additions or extensions to the Program using published application programming interfaces. Licensee is not authorized to use any part of the Program for any other purposes without acquiring the appropriate production entitlements.

Benchmarking

Licensee may disclose the results of any benchmark test of the Program or its subcomponents to any third party provided that Licensee (A) publicly discloses the complete methodology used in the benchmark test (for example, hardware and software setup, installation procedure and configuration files), (B) performs Licensee's benchmark testing running the Program in its Specified Operating Environment using the latest applicable updates, patches and fixes available for the Program from IBM or third parties that provide IBM products ("Third Parties"), and (C) follows any and all performance tuning and "best practices" guidance available in the Program's documentation and on IBM's support web sites for the Program. If Licensee publishes the results of any benchmark tests for the Program, then notwithstanding anything to the contrary in any agreement between Licensee and IBM or Third Parties, IBM and Third Parties will have the right to publish the results of benchmark tests with respect to Licensee's products provided IBM or Third Parties complies with the requirements of (A), (B) and (C) above in its testing of Licensee's products.

Notwithstanding the foregoing, under no circumstances may Licensee publish the results of benchmark tests run on Oracle Outside In Technology without prior written permission.

The above benchmarking terms apply to the following Programs or subcomponents:
IBM ILOG CPLEX Optimization Studio 12.7

Source Components and Sample Materials

The Program may include some components in source code form ("Source Components") and other materials identified as Sample Materials. Licensee may copy and modify Source Components and Sample Materials for internal use only provided such use is within the limits of the license rights under this Agreement, provided however that Licensee may not alter or delete any copyright information or notices contained in the Source Components or Sample Materials. IBM provides the Source Components and Sample Materials without obligation of support and "AS IS", WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Authorized User

Authorized User is a unit of measure by which the Program can be licensed. An Authorized User is a unique person who is given access to the Program. The Program may be installed on any number of computers or servers and each Authorized User may have simultaneous access to any number of instances of the Program at one time. Licensee must obtain separate, dedicated entitlements for each Authorized User given access to the Program in any manner directly or indirectly (for example: via a multiplexing program, device, or application server) through any means. An entitlement for an Authorized User is unique to that Authorized User and may not be shared, nor may it be reassigned other than for the permanent transfer of the Authorized User entitlement to another person.

Client Device

Client Device is a unit of measure by which the Program can be licensed. A Client Device is a single user computing device or special purpose sensor or telemetry device that requests the execution of or receives for execution a set of commands, procedures, or applications from or provides data to another computer system that is typically referred to as a server or is otherwise managed by the server. Multiple Client Devices may share access to a common server. A Client Device may have some processing capability or be programmable to allow a user to do work. Examples include, but are not limited to actuators, appliances, automated teller machines, automatic meter readers, cash registers, disk drives, desktop computers, kiosks, notebook computers, personal digital assistant, point-of-sale terminals, sensors, smart meters, tape drives, and technical workstations. Licensee must obtain entitlements for every Client Device which runs, provides data to, uses services provided by, or otherwise accesses the Program and for every other computer or server on which the Program is installed.

Establishment

Establishment is a unit of measure by which the Program can be licensed. An Establishment is a single physical site, including the surrounding campus and satellite offices located within 50 kilometers, of Licensee's site address. Licensee must obtain an entitlement for each Establishment at or for which the Program will be used. Licensee is permitted to deploy an unlimited number of copies of the Program within the Establishment. An entitlement for an Establishment is unique to that Establishment and may not be shared, nor may it be reassigned other than for the permanent closing of the Establishment.

Floating User Single Session

Floating User Single Session is a unit of measure by which the Program can be licensed. A Floating User is a person who is accessing the Program at any particular point in time. If the person is simultaneously accessing the Program multiple times, either on the same or on multiple computers, each separate simultaneous access counts as a separate Floating User. The Program may be installed on any number of computers or servers, but Licensee must obtain entitlements for the maximum number of simultaneous Floating Users of the Program. Licensee must obtain an entitlement for each simultaneous Floating User accessing the Program in any manner directly or indirectly (for example: via a multiplexing program, device, or application server) through any means.

Process

Process is a unit of measure by which the Program can be licensed. A Process is an instance of the Program being executed. Sufficient entitlements must be obtained to cover the total number of Processes executing at any point in time.

Processor Value Unit (PVU)

Processor Value Unit (PVU) is a unit of measure by which the Program can be licensed. The number of PVU entitlements required is based on the processor technology (defined within the PVU Table by Processor Vendor, Brand, Type and Model Number at http://www.ibm.com/software/lotus/passportadvantage/pvu_licensing_for_customers.html) and the number of processors made available to the Program. IBM continues to define a processor, for the purpose of PVU-based licensing, to be each processor core on a chip. A dual-core processor chip, for example, has two processor cores.

Licensee can deploy the Program using either Full Capacity licensing or Virtualization Capacity (Sub-Capacity) licensing according to the Passport Advantage Sub-Capacity Licensing Terms (see webpage below). If using Full Capacity licensing, Licensee must obtain PVU entitlements sufficient to cover all activated processor cores* in the physical hardware environment made available to or managed by the Program, except for those servers from which the Program has been permanently removed. If using Virtualization Capacity licensing, Licensee must obtain entitlements sufficient to cover all activated processor cores made available to or managed by the Program, as defined according to the Virtualization Capacity License Counting Rules at http://www.ibm.com/software/lotus/passportadvantage/Counting_Software_licenses_using_specific_virtualization_technologies.html.

* An Activated processor core is a processor core that is available for use in a physical or virtual server, regardless of whether the capacity of the processor core can be or is limited through virtualization technologies, operating system commands, BIOS settings, or similar restrictions.

General Charge Terms

"Simultaneous Use" is the unit of measure by which this Program is licensed. The total number of simultaneous executions of the Program at any moment in time within the Licensee's enterprise may not exceed the highest number of Simultaneous Use Licenses authorized by the Proof of Entitlement (PoE). Licensee must have an entitlement for each simultaneous execution of the Program or any Program component in any manner directly or indirectly (for example: via a multiplexing program, device, or application server) through any means.

Cumulative Entitlements

Establishment and Process entitlements are not alternative means for licensing the Program. Licensee must obtain sufficient Establishment entitlements for each single physical site, including the surrounding campus and satellite offices located within 50 kilometers, of Licensee's site address, as well as sufficient Process entitlements for each instance of the Program being executed at any given time.


Program-unique Terms

DEFINITIONS

"Derived Application" is a uniquely named software program created by or for Licensee using the Program and which embeds, requires and/or executes the Deployment Software, that is separately installable on a computing device.

"Deployment Software" is the portions of the Program that are integrated with other software programs, tools, and code and embedded into a Derived Application, or which are installed separately from a Derived Application but invoked or called by a Derived Application, or which a Derived Application requires to operate.

Development License:

If the Program is designated as "Developer Edition" or "Analyst Studio", Licensee may use the Program for internal development purposes only to design, develop, test, run, and/or support Licensee's Application(s). In addition, Licensee may run Program through the Integrated Development Environment (IDE) for internal business operations only.

Single User Edition:

If the Program is designated as "Single User Edition", Licensee may use the Deployment Software associated with the Program for a single Derived Application specifically and directly in furtherance of Licensee's internal business operations only. The entitlement may not be shared to run multiple Derived Applications, nor may it be reassigned other than for the permanent transfer for running a different Derived Application.

Client Device running the Program may not have more than 6 processor cores made available to the Program.

Deployment License:

For entitlements to the Deployment Software acquired by Licensee as evidenced by the notation "Desktop Edition" or "Server Edition" in the Program Name on a PoE, Licensee may use the Deployment Software associated with the Program for a single Licensee Derived Application specifically and directly in furtherance of Licensee's internal business operations only.

For all other entitlements to the Deployment Software acquired by Licensee as evidenced by the notation "Deployment Edition" , Licensee may use the Deployment Software associated with the Program for any Licensee Derived Application specifically and directly in furtherance of Licensee's internal business operations only.

CPLEX LP/MIP License

For entitlements to the Deployment Software acquired by Licensee as evidenced by the notation "CPLEX LP" in the Program Name on a PoE, Licensee may use the Deployment Software associated with the Program for solving continuous Linear Programming (LP) and Quadratic Programming (QP) problems only.

For entitlements to the Deployment Software acquired by Licensee as evidenced by the notation "CPLEX MILP Add-on "in the Program Name on a PoE, Licensee may use the Deployment Software associated with the Program for solving mixed-integer formulations of Linear Programming (LP) problems only.

License Restrictions:

Licensee agrees that no Derived Application may give direct or exposed access to the Integrated Development Environment (IDE) or to the component library application programming interface of the Program.

Entry Edition Limitation

If the Program is designated as "Entry Edition" Licensee's deployment of the Program is limited to the following:

- Maximum of 140 PVUs per Establishment


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