The Programs listed below are licensed under the following terms and conditions in addition to those of the International Program License Agreement.
Program Name: IBM Lotus Quickr 8.2
Program Number: 5724-S31
The Program is licensed as a multi-product package and includes other products distributed with the Program ("Supporting Programs"). Licensee is authorized to install and use such Supporting Programs only in association with Licensee's licensed use of the Program under this Agreement. The Supporting Programs may not be used for any other purpose. Licensee is not authorized to transfer or remarket the Supporting Programs. The terms of the Program's Agreement may replace or modify the license terms for the Supporting Programs. In the event of conflict, the Program's terms supersede the terms of the license agreement which accompanies the Supporting Programs. 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 it; if Licensee downloaded the Supporting Programs contact the party from whom Licensee acquired it. 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 it to obtain the appropriate licenses.
The definition of Supporting Programs replaces any previous references to Other IBM Programs.
The following are Supporting Programs licensed with the Programs:
IBM WebSphere Application Server Network Deployment 6.0.2
IBM WebSphere Portal 126.96.36.199
IBM Workplace Web Content Management 188.8.131.52
IBM DB2 Restricted Enterprise Server Edition 9.1
IBM Tivoli Directory Server 6.1
IBM Lotus Domino Server 8.5
Separately Licensed Code
The provisions of this paragraph do not apply to the extent they are held to be invalid or unenforceable under the law that governs this license. Each of the components listed below is considered "Separately Licensed Code". IBM Separately Licensed Code is licensed to Licensee under the terms of the applicable third party license agreement(s) set forth in the NON_IBM_LICENSE file(s) that accompanies the Program. Notwithstanding any of the terms in the Agreement, or any other agreement Licensee may have with IBM, the terms of such third party license agreement(s) governs Licensee's use of all Separately Licensed Code unless otherwise noted below.
Future Program updates or fixes may contain additional Separately Licensed Code. Such additional Separately Licensed Code and related licenses are listed in another NON_IBM_LICENSE file that accompanies the Program update or fix. Licensee acknowledges that Licensee has read and agrees to the license agreements contained in the NON_IBM_LICENSE file(s). If Licensee does not agree to the terms of these third party license agreements, Licensee may not use the Separately Licensed Code.
For Programs acquired under the International Program License Agreement ("IPLA") or International Program License Agreement for Non Warranted Program ("ILAN") and Licensee is the original licensee of the Program, if Licensee does not agree with the third party license agreements, Licensee may return the Program in accordance with the terms of, and within the specified time frames stated in, the "Money-back Guarantee" section of the IPLA or ILAN IBM Agreement.
Note: Notwithstanding any of the terms in the third party license agreement, the Agreement, or any other agreement Licensee may have with IBM:
(a) IBM provides this Separately Licensed Code to Licensee WITHOUT WARRANTIES OF ANY KIND;
(b) IBM DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SEPARATELY LICENSED CODE;
(c) IBM is not liable to Licensee, and will not defend, indemnify, or hold Licensee harmless for any claims arising from or related to the Separately Licensed Code; and
(d) IBM is not liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages including, but not limited to, lost data, lost savings, and lost profits, with respect to the Separately Licensed Code.
Notwithstanding these exclusions, in Germany and Austria, IBM's warranty and liability for the Separately Licensed Code is governed only by the respective terms applicable for Germany and Austria in IBM license agreements.
Note: IBM may provide limited support for some Separately Licensed Code. If such support is available, the details and any additional terms related to such support will be set forth in the License Information document.
The following are Separately Licensed Code:
JACL 1.3.1, 1,3,2
GTK+ Binding and GNOME Binding
HP SDK for J2SE HP-UX 11i platform, adapted by IBM for IBM Software, v.1.4.2 and v.5.0
END OF SEPARATELY LICENSED CODE
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 (e.g., 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.
The above benchmarking terms apply to the following Programs or subcomponents:
IBM WEBSPHERE APPLICATION SERVER NETWORK DEPLOYMENT 6.0.2
IBM WEBSPHERE PORTAL 184.108.40.206
For purposes of these program-unique terms, the "Program" is "IBM Lotus Quickr"
IBM LOTUS QUICKR
There are four different ways to license the Program:
- IBM Lotus Quickr Standard - Authorized User
- IBM Lotus Quickr Standard - Extranet
- IBM Lotus Quickr Entry - Authorized User
- IBM Lotus Quickr from Limited Use - Authorized User
If Licensee licenses the Program on an Authorized User basis, Licensee may install the Program on a reasonable number of servers sufficient to support Licensee's Authorized Users and a reasonable number of servers for testing purposes.
If Licensee has a clustered environment, Licensee may install copies of the Supporting Programs included with Lotus Quickr on a reasonable number of servers that are sufficient to support Licensee's Lotus Quickr environment, except where specific terms for the Supporting Program limits the number of servers.
For purposes of this Agreement an internal user is either an employee or an independent contractor of the enterprise. An external user is any other user.
IBM Lotus Quickr Standard - Authorized User
Under this licensing option, Licensee may license the Program on an Authorized User basis either for internal users or for external users. Licensee must acquire a sufficient number of Authorized User licenses to cover each individual user. This license entitles the user to the full capabilities of Lotus Quickr.
IBM Lotus Quickr Standard - Extranet
Under this licensing option, Licensee may license the Program on a Value Unit basis for external users. Licensee may also license the Program on a Value Unit basis for internal users who access Lotus Quickr anonymously (in other words, users who are not explicitly authorized to access any Lotus Quickr places). Licensee must acquire an Authorized User license for any internal user who is explicitly authorized to access a Lotus Quickr place. If a Lotus Quickr server is accessed by any user who does not have a Lotus Quickr Standard - Authorized User license, then the processor for that Lotus Quickr server must have a Lotus Quickr Standard - Extranet license.
IBM Lotus Quickr Entry - Authorized User
Under this licensing option, Licensee may license the Program on an Authorized User basis. Licensee must purchase a sufficient number of Authorized User licenses to cover each individual user. This license entitles the user only to the Personal File Sharing services of Lotus Quickr as provisioned by the Lotus Quickr Entry template found in the Lotus Quickr Entry Subdirectory within the AreaType Directory. This license entitles the user to access Lotus Quickr places provisioned via the Lotus Quickr Entry template both via a Web browser and via the Lotus Quickr connectors. The licensed user is entitled to a single active Personal File Sharing place created via the Lotus Quickr Entry template. The licensed user is also entitled to access the Personal File Sharing places of other licensed users. The licensed user is not allowed to access Lotus Quickr places created with other templates. This requires purchase of a Lotus Quickr Standard license.
IBM Lotus Quickr from Limited Use - Authorized User
This licensing option is available for customers who have a valid active license for the named products listed below that include a restricted use license to Lotus Quickr. The Lotus Quickr from Limited Use - Authorized User part number removes the restrictions for the licensed user specified in the named product. For example, when the named product restricts the ability to access an Enterprise Content Management repository from the Quickr browser interface or Lotus Quickr Connectors, the license for Lotus Quickr from Limited Use - Authorized User license removes this restriction. By acquiring the Lotus Quickr from Limited Use - Authorized User license, the user becomes subject to the licensing terms of the standard Lotus Quickr Authorized User license.
The number of Lotus Quickr from Limited Use - Authorized User licenses that can be acquired is limited as follows:
- If the product that includes a limited license to Lotus Quickr was acquired with a Processor Value Unit (PVU), the customer may acquire a maximum of 20 Lotus Quickr from Limited Use - Authorized User licenses per PVU license entitlement. For example, a customer with 200 PVU licenses for WebSphere Portal Extend may acquire up to 4000 Lotus Quickr from Limited Use - Authorized Users licenses.
- If the product that includes a limited license to Lotus Quickr was licensed on a per user basis, the customer may purchase a maximum of one Lotus Quickr from Limited Use - Authorized User license per user license entitlement.
The following products include a restricted license for Lotus Quickr and are named prerequisite products for the purchase of Lotus Quickr from Limited Use - Authorized User licenses:
- IBM Lotus Collaboration Accelerator (5724-S88)
- IBM Lotus Collaboration Accelerator & WebSphere Portal Server (5724-T17)
- IBM WebSphere Portal Extend (5724-E76)
Some of the Supporting Programs included with the Program have additional terms that apply to their use. The additional terms are described below.
IBM WEBSPHERE PORTAL
The Program is accompanied by a copy of certain components of IBM WebSphere Portal Server ("Portal"). Licensee is entitled to install and use the components of Portal to support Licensee's licensed use of the Program, and not for any other purpose except as described below. Without limiting the foregoing, Licensee may not use Portal to aggregate applications that access content outside of the Program.
Notwithstanding the foregoing, Licensee may use Portal to:
1. Expose Licensee's mail and calendar content within a Quickr place (with a portlet, for example);
2. Expose Licensee's application content from Lotus Domino within a Quickr place;
3. Import external feeds such as RSS or Atom feeds to a Quickr place;
4. Use Google Gadgets inside a Quickr place; or
5. Search content repositories outside of a Quickr place.
6. Expose any content from Microsoft SharePoint within a Quickr place
7. Expose any content from Lotus Connections within a Quickr place
8. Expose any content from an Enterprise Content Management repository within a Quickr place (assuming Licensee is licensed separately to access that Enterprise Content Management repository).
Portal portlets may only be added to or used from within a Quickr place. In other words, Licensee may not add pages or portlets from Portal to build a portal environment outside of a Quickr place.
If Licensee requires additional Portal functionality, Licensee must purchase a separate Proof of Entitlement for Portal.
Portal also includes various portlets that are not automatically installed when Licensee installs the Program. Licensee may use these portlets at Licensee's own risk. THE PORTLETS ARE PROVIDED BY IBM "AS IS" WITH ALL FAULTS. IBM DOES NOT INTEND TO AND SHALL NOT BE OBLIGATED TO PROVIDE ANY SUPPORT OR MODIFICATIONS FOR THE PORTLETS. SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED IBM DOES NOT MAKE ANY WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE PORTLETS. IBM DOES NOT WARRANT THAT THE USE OR OPERATION OF THE PORTLETS WILL BE UNINTERRUPTED OR ERROR-FREE. LICENSEE IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE PORTLETS, AND ASSUME ALL RISKS ASSOCIATED WITH THE USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE RISKS OF PROGRAM ERRORS, DAMAGE TO OR LOSS OF DATA, PROGRAMS OR EQUIPMENT, UNAVAILABILITY OR INTERRUPTION OF OPERATIONS AND BACKWARD AND FORWARD COMPATIBILITY WITH OTHER HARDWARE AND SOFTWARE.
Portal may contain cryptography which is subject to special export licensing requirements of the US Department of Commerce or other countries. Refer to the Program documentation or consult Licensee's IBM representative for details on the available level of encryption.
Some of the components of Portal are provided in source-code form. Notwithstanding anything to the contrary in the Agreement, Licensee may modify the components of Portal provided in source-code form; provided, however, that Support is only provided for the unmodified, binary code versions of these components included in Portal packaging, and not for the source-code for these components or for any modifications of such components Licensee may create. IBM is providing this source-code on an "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND (EITHER EXPRESS OR IMPLIED) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGMENT.
IBM WORKPLACE WEB CONTENT MANAGEMENT
The Program includes an entitlement to use IBM Workplace Web Content Management ("WCM"). Licensee is authorized to use WCM only in association with Licensee's licensed use of the Program. Licensee may use WCM to create new content items for use within Lotus Quickr. Licensee is not authorized to install and use the WCM components on a separate machine from where Licensee has installed the Program unless additional licenses are purchased. Licensee may also not use WCM to syndicate content to other servers, portals, websites, or other that are not associated with the Program. Additionally, the use of pre-rendering to HTML, Federated Content Element, Local Rendering portlet, Remote Rendering portlet, and, WCM Cache configuration, are restricted within the entitled WCM that is included in the Program.
Additional copies of WCM may be used in association with the entitled use including in the Program provided the use is consistent with the terms and conditions that are outlined in the license agreement for the WCM offering. If additional copies of IBM Workplace Web Content Management are needed, they can be purchased via IBM's Passport Advantage.
WEBSPHERE APPLICATION SERVER NETWORK DEPLOYMENT
The Program is accompanied by portions of WebSphere Application Server Network Deployment. The Program includes the Application Server components on the following CD-ROMs:
- One or more Application Server CD-ROMs
- Proxy Server for IBM WebSphere Application Server CD-ROM
- Edge components CD-ROM
- Application Server Toolkit CD-ROM
For each Program server Proof of Entitlement (PoE), Licensee is entitled to install and use, from the media provided with the Program, one copy of each of the WebSphere Application Server components required to support Licensee's licensed use of the Program.
Licensee is responsible for complying with all licenses, agreements and copyright laws for third-party software that Licensee use in conjunction with the Application Server. Nothing herein grants Licensee any greater right than Licensee may otherwise have to use third-party software not distributed with the Application Server.
MULTIPLE COMPONENT VERSIONS: The media for the Application Server may include multiple versions of the same Application Server component, such as versions designed for different operating systems and versions translated into different languages. Each Proof of Entitlement for the Program authorizes Licensee to use a single version of the Application Server. Licensee is not authorized to use multiple versions of the same Application Server component under the same Proof Entitlement, even if multiple versions of a component are included on the media for the Application Server.
UNLIMITED COPY COMPONENTS: In addition to the authorizations above, for each Proof of Entitlement for the Program, Licensee is authorized to install and use an unlimited number of copies of the following Application Server components on any of Licensee's machines to support Licensee's authorized use of the other components of the Application Server. Only one copy of one version of the IBM HTTP Server components per each Proof of Entitlement to the Program will be subject to the warranties of this Agreement and will be eligible for defect support
- IBM HTTP Server
- Admin Scripting
- Administrative Console
- Performance and Analysis Tools: Dynamic Cache Monitor, Tivoli Performance Viewer, Performance Servlet
- WebServer Plugins
- Embedded Messaging Client (Client only)
- Application Client
RESTRICTED USE COMPONENTS: Licensee's use of the following Application Server components is limited to the uses specified below in support of the other Application Server components. Licensee may not use the following Application Server components for other purposes.
PROXY SERVER COMPONENTS: The Application Server Proxy Server components are identified as either main components or sub-components. The main component is the caching proxy. The sub-components extend the capabilities of the main components and include, without limitation, site selector, metric server, consultants, and custom advisors. Licensee is authorized to install and use on any machine, (i) one (1) copy each of the Proxy Server main components; and (ii) an unlimited number of copies of the Proxy Server sub-components.
DATA DIRECT COMPONENTS: Licensee is only authorized to install and use the Data Direct components of the Application Server on a machine to support Licensee's authorized use of the Application Server component. Licensee may not use the Data Direct components for other purposes.
APPLICATION SERVER TOOLKIT: Licensee is authorized to install and use an unlimited number of copies of the Application Server Toolkit CD-ROM components of the Application Server on any of Licensee's machines to support Licensee's authorized use of the other components of the WebSphere Application Server. Applications developed with the Application Server Toolkit components of the Application Server may only be deployed and used with the Application Server product for which Licensee has acquired a Proof of Entitlement for the Application Server. Licensee may not use the Application Server Toolkit components of the Program for other purposes.
BUSINESS SOLUTIONS COMPONENTS: The Application Server may include one or more IBM Business Solutions CD-ROMs ("Business Solutions components"). Unless stated otherwise below, use of the Business Solutions components is limited to use with the other components of the Application Server and not for other purposes. Use of the Business Solutions components are limited as follows:
The Business Solutions CD-ROM may include portions of the IBM Tivoli Directory Server. Use of IBM Tivoli Directory Server code contained on the Business Solutions CD-ROM is limited to use only with the other components of the Business Solutions CD-ROM and not for other purposes.
HP-UX JAVA RTE. This Application Server includes HP-UX Java RTE software as separately licensed code, which is licensed to Licensee under the terms of the HP-UX license agreement and not those of this Agreement. In no event can the HP-UX Java RTE software be modified or redistributed a part from the Program or used for any purpose other than running the Program into which the HP-UX Java RTE software is incorporated.
SOURCE CODE: Some of the components of the Application Server may be provided in source code form. Notwithstanding anything to the contrary in this Agreement, support is only provided for the unmodified, binary code versions of these components included in the Application Server packaging, and not for the source code for these components or for any modifications of such components Licensee may create.
DB2 RESTRICTED ENTERPRISE SERVER EDITION
The Program includes portions of DB2 Restricted Enterprise Server Edition. Licensee is authorized to install and use one copy of DB2 Restricted Enterprise Server Edition only in association with Licensee's licensed use of the Program for the storage and management of data used and generated by the Program, and not for other data management purposes. DB2 Restricted Enterprise Server Edition is to be used only by the internal components of the Program. For example, DB2 Restricted Enterprise Server Edition can be used as a repository for configuration information generated by the Program and cannot be used to build or extend custom applications that store business data; this license does not permit inbound connections to the database from other applications for queries or report generation. Licensee is not authorized to install any separately purchasable features that are available for DB2 unless Licensee purchases a fully licensed version of DB2.
If Licensee uses the Program with a separately licensed DB2 data server, the license terms of that data server take precedence over these terms.
The following subset of Excluded Components and/or Separately Licensed Code was obtained from the Eclipse Foundation: Ant, XML4J, Tomcat, SAX, DOM, MX4J, Lucene and HTML Parser, Mozilla Binding, JSch, Java SSH Applet, Eclipse, GTK+ Binding and GNOME Binding, OSGi Materials, Cairo library, Cairo Binding, XHTML DTDs, EMF, Commons Logging, Commons Collections, DOM interfaces, Pixman, and Eclipse Help System 3.0.1 (herein collectively referred to as Eclipse Code). Notices and important information, including instructions for obtaining source code, for the Eclipse Code may be found in associated "about.html" files ("About Files") that accompany the Eclipse Code. These About Files are provided for informational purposes only, and notwithstanding anything to the contrary therein, the terms governing Licensee's use of such Eclipse Code shall be as set forth above in the applicable Excluded Components or Separately Licensed Code section.
If Licensee developed an application or a template that is derived from or dependent upon the Lotus Quickr templates, Licensee may distribute Licensee's application or template, subject to the following terms:
1) Licensee's application or template must be in object code.
2) Licensee will indemnify IBM or third parties that provide IBM products ("Third Parties") from and against any third party claim arising out of the use or distribution of Licensee's application or template.
3) Licensee may not use the same path name as the original application or template.
4) Licensee may not use IBM's or Third Parties' names or trademarks in connection with the marketing of Licensee's application or template without IBM's or Third Parties' prior written consent.
5) IBM or Third Parties provide copies of these applications or templates "AS IS," i.e., Licensee is responsible for all technical assistance for Licensee's application or template.
6) IBM may alter, change or discontinue use of the Lotus Quickr templates at any time without notice.
7) In Licensee's license agreement with the recipient, Licensee will notify the recipient that Licensee's application or template may not be 1) used for any purpose other than to enable the application or template with a Lotus Quickr Proof Of Entitlement, 2) copied (except for backup purposes), 3) further distributed, or 4) reverse assembled, reverse compiled, or otherwise translated. Licensee's application or template must include the following notice: "Contains template information from IBM Lotus Quickr Copyright IBM Corporation 2008 All Rights Reserved.".
8) If Licensee redistributes Licensee's application or template outside of Licensee's own company, IBM reserves the right to reference Licensee by company name and describe Licensee's application or template in IBM product documentation, brochures, and other marketing material, in order to illustrate how Lotus Quickr can be extended by third parties.