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LICENSE INFORMATION

The Programs listed below are licensed under the following terms and conditions in addition to those of the International License Agreement for Evaluation of Programs.

Program Name: IBM Rational Asset Manager Standard Edition 7.2
Program Number: 5724Z02

Program Name: IBM Rational Asset Manager Enterprise Edition 7.2
Program Number: 5724Z02

Program Name: IBM Rational Asset Manager Enterprise Edition Publisher 7.2
Program Number: 5724Z02

Program Name: IBM Rational Asset Manager Enterprise Edition Collaborator 7.2
Program Number: 5724Z02

Evaluation Period

The evaluation period begins on the date that Licensee agrees to the terms of this Agreement and ends after 30 days.

Supporting Programs

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:
1. DB2 Eneterprise Server Edition 9.5
2. IBM Installation Manager and Packaging Utility for the Rational Software Development 1.3
3. Embedded WebSphere Application Server 6.1

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 1.3.2.

Program-unique Terms

MULTI-PROGRAM OFFERING

Programs may be licensed as part of a 'suite' or a multi-program offering. The separate Programs comprising the suite or multi-program offering may not be used simultaneously by different users, and may be used by only one user at a time. If third party software is included with any Program, the third party software may not be separated from, or used independently of, the Program.

WEBSPHERE APPLICATION SERVER

The Program is accompanied by an embedded version of IBM WebSphere Application Server ("embedded WebSphere Application Server") Licensee's use of the embedded WebSphere Application Server components is limited to use in support of Licensee's licensed use of the Program. The embedded WebSphere Application Server components may not be used for any other purpose.

The following paragraphs titled "IBM INTEGRATED SOLUTIONS CONSOLE COMPONENT," "CLOUDSCAPE COMPONENTS", "DISABLING DEVICE," "MULTIPLE COMPONENT VERSIONS," and "UNLIMITED COPY COMPONENT" apply to Licensee's use of the embedded WebSphere Application Server components, and the term "embedded Program" in these paragraphs shall mean the embedded WebSphere Application Server components.

IBM INTEGRATED SOLUTIONS CONSOLE COMPONENT: The embedded WebSphere Application Server includes a version of the IBM Integrated Solutions Console (ISC) component. Unless otherwise stated in this License Information Document, Licensee is authorized to use the ISC component, its embedded components, and programming interfaces, only for the purposes of installation, configuration, management and administration of software programs.

CLOUDSCAPE COMPONENTS: Licensee may use the IBM Cloudscape components solely for development, testing and evaluation of applications and for production use only as a data repository for data generated and managed by embedded Program.

Some examples of authorized production use include:


(i) provide persistence of "HTTP Session Objects" using the "session persistence" component of the embedded Program to support Licensee's authorized use of such component;

(ii) provide a data repository for the UDDI Registry component of the embedded Program to support Licensee's authorized use of such component;

(iii) provide a data repository for the Scheduler and EJB Timer components of the embedded Program to support Licensee's authorized use of such components; and

(iv) provide a data repository for the messaging engine component of the embedded Program to support Licensee's authorized use of such component.

No IBM Cloudscape components may be used separately from the embedded Program, or for any other purpose, or in support of any other programs. If Licensee wishes to license IBM Cloudscape for any use beyond the limits of this license, please contact an IBM sales representative to obtain the appropriate licenses.

DISABLING DEVICE: The embedded Program may include a disabling device that will prevent certain features from being used. Licensee will not tamper with such disabling device or otherwise change the embedded Program.

MULTIPLE COMPONENT VERSIONS: The media for the embedded Program may include multiple versions of the same embedded Program component, such as versions designed for different operating systems and versions translated into different languages. Each Proof of Entitlement for the embedded Program authorizes Licensee to use a single version of the embedded Program component. Licensee is not authorized to use multiple versions of the same embedded Program component under the same Proof Entitlement, even if multiple versions of a component are included on the media for the embedded Program.

UNLIMITED COPY COMPONENT: Licensee is authorized to install and use an unlimited number of copies of the Administrative Scripting Program component on any of Licensee's machines to support Licensee's authorized use of the other components of the embedded Program.

HP-UX Java RTE: The embedded WebSphere Application Server may include 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 embedded WebSphere Application Server or used for any purpose other than running the embedded WebSphere Application Server into which the HP-UX Java RTE software is incorporated.

STELLENT COMPONENT

The Program includes the following Stellent component: Content Access. Licensee is authorized to use this component solely in conjunction with Licensee's authorized use of the Programs.

Rational Team Concert - Access Solely by Internal Components of Program

This Program includes an edition of IBM Rational Team Concert (the "RTC Edition"), which is subject to the following restriction. The RTC Edition included with the Program may only be used by the internal components of the Program. Except as expressly stated above, the RTC Edition may not in any circumstances be used and/or accessed by Licensee.



D/N: L-KHUY-7UGREM
P/N: L-KHUY-7UGREM



LICENSE INFORMATION

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 Rational Asset Manager Standard Edition 7.2
Program Number: 5724Z02

Program Name: IBM Rational Asset Manager Enterprise Edition 7.2
Program Number: 5724Z02

Program Name: IBM Rational Asset Manager Enterprise Edition Publisher 7.2
Program Number: 5724Z02

Program Name: IBM Rational Asset Manager Enterprise Edition Collaborator 7.2
Program Number: 5724Z02

Supporting Programs

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:
1. DB2 Eneterprise Server Edition 9.5
2. IBM Installation Manager and Packaging Utility for the Rational Software Development 1.3
3. Embedded WebSphere Application Server 6.1

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 1.3.2.

Program-unique Terms

Based upon the Program license obtained, Licensee may use the Program as follows:

LICENSE TYPES

Authorized User License:

Authorized User is a unit of measure by which the Program can be licensed. An Authorized User is a unique person that 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 accessing 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. For Programs which require keys to operate, Licensee must have an entitlement for every key made available to the Program or the key server.

FIXED TERM LICENSE

If Licensee acquires the Program under a Fixed Term License the following terms apply: Licensee may use the Program only for a limited period of time, called "Fixed Term". The Fixed Term will be specified in Licensee's PoE. At the end of the Fixed Term, Licensee's authorization to use the Program terminates and Licensee agrees to discontinue use of the Program and destroy all copies of the Program. IBM may agree to extend the Fixed Term for an additional payment. If Licensee wishes to continue to use the Program beyond the Fixed Term, contact IBM or Licensee's Rational reseller prior to the expiration of the Fixed Term.

Floating User License:

Floating User 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. For Programs which require keys to operate, Licensee must have an entitlement for every key made available to the Program or the key server.

Server License

Server is a unit of measure by which the Program can be licensed. A Server is an application server process running on the operating system. The Program is installed into each application server process. For the purpose of Server-based licensing, Licensee must obtain entitlements for each Server in which the Program is installed, regardless of the number of physical servers, processor cores and/or partitions in the Server.

The following license types apply to the Rational Asset Manager Enterprise Edition only:

Authorized User and Floating User ("User") licenses provide either publisher access or collaborator access to the Rational Asset Manager Server, as specified in Licensee's PoE.

Licensee is required to provide a report of all installed and/or assigned Authorized User and Floating User licenses to IBM upon IBM's reasonable request.

Authorized User and Floating User License -- Publisher

A publisher Authorized User or Floating User license provides access to all product capabilities. A publisher User can submit, search, view, discuss, rate, comment, update, download and review assets. A publisher User can run reports. A publisher User can access IBM Rational Asset Manager using the Web Client, Eclipse Client and via published IBM Rational Asset Manager application programmer interfaces.

Authorized User and Floating User License -- Collaborator

A collaborator Authorized User or Floating User license provides access to a limited set of product capabilities. A collaborator User can search, view, discuss, rate, comment and download assets. A collaborator User can access IBM Rational Asset Manager using the Web Client, Eclipse Client and via published IBM Rational Asset Manager application programmer interfaces.

Anonymous Search Access

Anonymous search access is also provided without requiring a license key. Anonymous access provides a user the ability to search for public assets without requiring a license key. To browse, view asset details or perform other asset functions like update, review or download, Licensee must have an Authorized User or Floating User license. Anonymous access is available using the Web Client and Eclipse Client.

If a User directly or indirectly accesses the Rational Asset Manager Server without an Authorized User or Floating User license, such User will be granted anonymous search access. An Authorized User or Floating User license is valid on only one Rational Asset Manager at any one time.

Any publisher Authorized User or Floating User license that is included with Licensee's valid license for the Program may only be used to access the Rational Asset Manager Server licensed to Licensee under this Agreement.

Licensee may not bypass, disable, remove, or otherwise attempt to circumvent the client license authorization code in the Program.

Unless Licensee is granted permission in writing by IBM or a third-party authorized by IBM, Licensee may not multiplex, pool or use any kind of gateway, replicator, bridge, or adapter that reduces the number of Users that directly access a Rational Asset Manager Server, in order to reduce the number of Authorized User or Floating User licenses that Licensee requires.


Publisher and collaborator Authorized User license: A publisher or collaborator Authorized User license may be assigned to one User and thereafter may only be reassigned to facilitate a long-term re-designation of assignment. Licensee is required to maintain publisher or collaborator Authorized User licenses for the equivalent number of Users that use the licensed product. Publisher or collaborator Authorized User licenses cannot be shared across multiple Users.

Publisher and collaborator Floating User client access licenses: Licensee may access the Rational Asset Manager Server provided that the total number of concurrent Users that access Licensee's validly licensed Rational Asset Manager Server in aggregate (excluding anonymous search access users) do not exceed the total number of publisher or collaborator Floating User licenses validly obtained for the Program. Licensee is required to provide a report of all installed and/or assigned publisher and/or collaborator licenses to IBM upon IBM's reasonable request. If Licensee obtains publisher and/or collaborator Floating User licenses, Licensee is permitted, for each valid license for the Program, to run one additional instance (and only one instance regardless of the number of publisher and/or collaborator Floating User licenses Licensee obtains) of the Rational Asset Manager Server solely as a publisher and/or collaborator Floating User license server; Licensee may not use this additional Rational Asset Manager Server instance for any other purpose (including development or similar functions.)

MULTI-PROGRAM OFFERING

Programs may be licensed as part of a 'suite' or a multi-program offering. The separate Programs comprising the suite or multi-program offering may not be used simultaneously by different users, and may be used by only one user at a time. If third party software is included with any Program, the third party software may not be separated from, or used independently of, the Program.

LIMITED USE LICENSE TERMS

DB2 ENTERPRISE SERVER EDITION

This Program is bundled with the data server component of the edition(s) of IBM DB2 specified in the "Supporting Programs" section of this License Information (the "Bundled DB2 Edition"), which is subject to the following limited use license.

Licensee is authorized to install the Bundled DB2 Edition only in association with the Licensee's authorized use of the Program, and only for the storage and management of data used and generated by the Program, and not for other data management purposes. The Bundled DB2 Edition is to be used only by the internal components of the Program. The Bundled DB2 Edition may be used as a repository for configuration information generated by the Program. Licensee may not use the Bundled DB2 Edition to build or extend custom applications that store business data. Licensee is not permitted to make inbound connections to the Bundled DB2 Edition database from other applications for queries or report generation.

Licensee may install the Bundled DB2 Edition on a different machine from where Licensee has installed the Program only if the Program is licensed under the Processor Value Unit charge metric, Limited Use Socket, Limited Use Virtual Server or the Authorized User metric, otherwise Licensee must install the Bundled DB2 Edition only on the same machine where Licensee has installed the Program.

Licensee's use of the Bundled DB2 Edition may not exceed the maximum resource or other charge unit capacity for which Licensee is licensed to use the Program under its Proof of Entitlement.

Licensee is authorized to use the Bundled DB2 Edition instances(s) that Licensee is entitled to install and use as set out above only as primary server(s) handling user workload, and not as a secondary or backup server in a High Availability and Disaster Recovery (HADR) configuration. Licensee may use the HADR component on a second server in an Idle Standby configuration only if Licensee purchases 100 Processor Value Units for the Bundled DB2 Edition. Licensee should contact their IBM sales representative or IBM Business Partner. In an "Idle Standby" configuration, idle standby servers have DB2 installed, however, they do not service user transactions or query workloads. A DB2 server is considered idle if it is used exclusively for administrative actions that assist in failover scenarios such as having a database in rollforward pending state to support log shipping, or in making a flash copy of a DB2 database and then performing a database backup of this copy on another server, or in keeping a standby database synchronized using the HADR component.

Licensee is not authorized to install or use any separate features available for the fully licensed IBM DB2 edition unless Licensee acquires the fully licensed version.

If Licensee uses the Program with a separately licensed IBM DB2 edition, the license terms of that edition apply to Licensee's use of the Bundled DB2 Edition, and not the terms of this limited use license.

WEBSPHERE APPLICATION SERVER

The Program is accompanied by an embedded version of IBM WebSphere Application Server ("embedded WebSphere Application Server") Licensee's use of the embedded WebSphere Application Server components is limited to use in support of Licensee's licensed use of the Program. The embedded WebSphere Application Server components may not be used for any other purpose.

The following paragraphs titled "IBM INTEGRATED SOLUTIONS CONSOLE COMPONENT," "CLOUDSCAPE COMPONENTS", "DISABLING DEVICE," "MULTIPLE COMPONENT VERSIONS," and "UNLIMITED COPY COMPONENT" apply to Licensee's use of the embedded WebSphere Application Server components, and the term "embedded Program" in these paragraphs shall mean the embedded WebSphere Application Server components.

IBM INTEGRATED SOLUTIONS CONSOLE COMPONENT: The embedded WebSphere Application Server includes a version of the IBM Integrated Solutions Console (ISC) component. Unless otherwise stated in this License Information Document, Licensee is authorized to use the ISC component, its embedded components, and programming interfaces, only for the purposes of installation, configuration, management and administration of software programs.

CLOUDSCAPE COMPONENTS: Licensee may use the IBM Cloudscape components solely for development, testing and evaluation of applications and for production use only as a data repository for data generated and managed by embedded Program.

Some examples of authorized production use include:

(i) provide persistence of "HTTP Session Objects" using the "session persistence" component of the embedded Program to support Licensee's authorized use of such component;

(ii) provide a data repository for the UDDI Registry component of the embedded Program to support Licensee's authorized use of such component;

(iii) provide a data repository for the Scheduler and EJB Timer components of the embedded Program to support Licensee's authorized use of such components; and

(iv) provide a data repository for the messaging engine component of the embedded Program to support Licensee's authorized use of such component.

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