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 AIX 7.2 Enterprise Edition V1.2
Program Number: 5765-CD3
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.
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 Security Directory Server, V6.4
IBM DB2 Enterprise Server, V10.5
IBM Electronic Service Agent, V7.2
IBM AIX Common Cryptographic Architecture Software 4.4
IBM AIX Common Cryptographic Architecture Software 5.3
Data Encryption Standard Library, V5.3
Cryptographic Library for AIX, V6.1
IBM Network Authentication Services, V1.6
56-bit DES Encrypted SNMPv3 Support, V6.1
RSCT Encryption & CIM Resource Manager, V3.2
IBM PowerSC Standard Edition, V1.1
IBM Tivoli Monitoring, V6.3
IBM Cloud PowerVC Manager, V3.1
IBM BigFix LifeCycle, V9.2 components:
- Patch Management
- - OS Patching
- - 3rd Party App Patching
- - Offline Patching
- Asset Discovery
- Software Distribution
- Sequenced Task Automation
Notwithstanding any provision in the Agreement, Licensee is not authorized to use any of the following components or functions of the Program:
IBM Security Directory Server Proxy server (of IBM Security Directory Server)
Whitepages Application (of IBM Security Directory Server)
Storage Optimization Feature (of IBM DB2)
Geodetic Data Management Feature (of IBM DB2)
Homogeneous Replication Feature (of IBM DB2)
Advanced Access Control Feature (of IBM DB2)
Performance Optimization Feature (of IBM DB2)
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:
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.
Processor Core (or Processor) is a unit of measure by which the Program can be licensed. Processor Core (or Processor) is a functional unit within a computing device that interprets and executes instructions. A Processor Core consists of at least an instruction control unit and one or more arithmetic or logic units. With multi-core technology, each core is considered a Processor Core. Entitlements must be acquired for all activated Processor Cores available for use on the server.
In addition to the entitlements required for the Program directly, Licensee must obtain entitlements for this Program sufficient to cover the Processor Cores managed by the Program.
General Charge Terms
For programs eligible for sub-capacity licensing, an entitlement must be acquired for all activated processors available for use in each LPAR (utilizing eligible partition technologies) where the Program runs. For additional information on sub-capacity pricing, see below.
The Programs are eligible for sub-capacity pricing, usage and billing. Sub-capacity refers to the use of virtualization to create logical partitions (LPAR) within a physical server that are configured to provide a fraction of the full capacity of processing capacity available in the physical server. License entitlement for this Program is counted by processors available for use in each LPAR where the Program runs and not by the capacity actually used.
The following information describes how to calculate the effective processor capacity available to the Program in each LPAR to determine the necessary entitlement for the Program.
Calculating the processing capacity of an LPAR depends on the configuration of the LPAR and whether the LPAR uses a Dedicated Processor Partition or Shared Processor Partition.
A Dedicated Processor Partition is an LPAR that dedicates an entire processor or processors to an LPAR. Dedicated Processor Partitions are always allocated in whole processor increments. When the Program is running in an LPAR that is a Dedicated Processor Partition, the effective processor capacity available to the Program is the number of processors assigned to the LPAR.
Shared Processor Partitions allow for processing capacity to be shared among multiple LPARS in a Shared Processing Pool and may be Capped or Uncapped.
Shared Processing Pools are shared pools of processors that can be available to all LPARs that are defined within the shared pool. The processor resources are automatically distributed between all the LPAR running in the Shared Processor Pool. The system can be configured so that the physical Shared Processor Pool is sub-divided into Multiple Shared Pools. If LPARs are running in a Shared Processor Pool, then the number of necessary entitlements for all the LPARs running in that Shared Processor Pool cannot exceed the amount of capacity in the Shared Processor Pool. If the sum of the LPARs running in the shared pool is greater than the size of the shared pool, then the necessary entitlement for all the LPARs in that Shared Processor Pool is equal to the size of the Shared Processor Pool.
In a Capped LPAR, the amount of processing capacity is limited to a specific LPAR configuration value known as Entitled Capacity. Entitled Capacity is the amount of processing capacity entitled to a Shared Processor Partition. The word "Entitled" is used because the amount of capacity defined by the Entitled Capacity is always available to the workload running in that partition. For Capped LPARs, the effective processor capacity is equal to the Entitled Capacity defined for the LPAR divided by 100. For example, a Capped Shared Processor Partition with Entitled Capacity of 300 would equal 3 processors of capacity.
In an Uncapped Shared Processor Partition, the capacity is limited by the number of Virtual Processors configured for that LPAR. Virtual Processors are defined as the maximum number of processors that the system can access simultaneously to provide the processing capacity of a shared processor LPAR. For Uncapped Shared Processor Partitions, the effective processor capacity is equal to the number of Virtual Processors defined for the LPAR.
Therefore, to calculate the total number of necessary entitlements needed for an entire physical server, Licensee should calculate the necessary entitlement for each LPAR in the server, including all Dedicated Processor Partitions and Shared Processor Partitions (Capped and Uncapped).
If the total number of necessary entitlements for a physical server is a fractional value, round up to the next nearest integer value.
In no case should the number of necessary entitlements exceed the number of activated processors available on the physical system.
Some physical servers can be purchased with more Built In Capacity than the number of activated processors. Some of these inactive processors can be turned on (activated) so that these processors can be used for running client workloads such as the Programs and applications. When these inactive processors are activated, the additional capacity may require additional necessary entitlements for the Program.
Power Systems physical servers have the capability to move processor capacity, memory, and I/O between LPARs dynamically without requiring the workload running in those partitions to be interrupted. Adding or removing processor capacity to a partition could increase or decrease the amount of necessary entitlement required for the Program on that server. For example, if Licensee had the Program running in Dedicated Processor LPAR with 4 processors allocated to it and Licensee dynamically added an additional processor to the LPAR, the necessary entitlement would increase to 5.
Transfer of Program Rights and Obligations
The terms of Part 1- General Terms; section 7. Program Transfer of this Agreement do not apply and are replaced with the following:
Licensee may not transfer the Program to another party. Licensee may move the Program, subject to Licensee's Entitlement, to another machine within Licensee's Enterprise. An Enterprise is any legal entity (including, without limitation, an individual, a partnership or a corporation) and its Subsidiaries. A Subsidiary is any legal entity, during the time that more than 50% of its voting stock, or if no voting stock, decision-making power, is owned or controlled, directly or indirectly, by the Enterprise.
Special Terms for the Electronic Service Agent Component
Licensee agrees to allow International Business Machines Corporations and its subsidiaries to store and use Licensee's Support contact information collected during Electronic Service Agent activation process, including names, phone numbers, and e-mail addresses, anywhere they do business. Such information will be processed and used in connection with our business relationship, and may be provided to third parties under IBM direction, such as Support Center contractors, or assignees of International Business Machines Corporation and its subsidiaries. The information will be used consistent with their collective business activities, including communicating with Licensee (for example, for processing orders, for promotions, for problem determination and for market research).
The Program performs system utilization, performance and capacity planning ("Service Information") and system failure logs and preventative maintenance event ("Hardware Problem Reporting") monitoring functions. In addition, Electronic Service Agent may also provide a mechanism for transmitting additional information for IBM offerings for which Licensee has contracted.
Service Information may include collection and retention of system utilization, performance, and system failure logs, part feature codes, part number, part serial number, part locations, software inventory, operating system applications, PTFs, maintenance levels and configuration values. Service Information does not otherwise include the collection or transmission of Licensee's company's financial statistical or personnel data, nor Licensee's business plans.
Licensee agrees that IBM may use and share Service Information within IBM including third parties such as Support Center subcontractors or assignees under IBM direction. The data gathered from these monitoring functions ("Licensee's Information") will be used for purposes of problem determination, assisting Licensee with performance and capacity planning, assisting IBM to enhance IBM products and services and notifying Licensee of Licensee's system status and solutions we have available.
Licensee also agrees that Licensee's Information may be transferred to such entities in any country whether or not a member of the European Union.
At any time Licensee may request to opt out of using the Program. Licensees wishing to opt out of using the Program should send an email to "firstname.lastname@example.org" and indicate their wish to opt out of this Agreement for the Electronic Service Agent. The email must also indicate the system type and serial number for which the Licensee is making the opt out request. Upon receiving this request, IBM will remove all support contact information from its databases collected during the use of this Program and any services in use by the Licensee that utilize program-supplied data will no longer be updated.
Berkeley Software Distribution for the AIX Program
This software and documentation is based in part on the Fourth Berkeley Software Distribution under license from the Regents of the University of California. We acknowledge the following institutions for their role in its development: the Electrical Engineering and Computer Sciences Department at the Berkeley campus.
The Fourth Berkeley Software Distribution is provided by the Regents and other contributors on an "AS-IS" basis. NEITHER THE REGENTS NOR THE OTHER CONTRIBUTORS MAKE ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE FOURTH BERKELEY SOFTWARE DISTRIBUTION, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE USE OF THE PROGRAM WILL NOT INFRINGE ANY COPYRIGHT, TRADE SECRET, PATENT, OR OTHER PROPRIETARY OR CONTRACTUAL RIGHTS OF ANOTHER PARTY. THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT IS APPLICABLE TO ANY CLAIM THAT FOURTH BERKELEY SOFTWARE DISTRIBUTION, OR ANY PORTION THEREOF, INFRINGES ANOTHER'S COPYRIGHT, TRADE SECRET, PATENT, OR OTHER PROPRIETARY OR CONTRACTUAL RIGHTS.
The Regents and other contributors are under no obligation to provide either maintenance services, update services, notices of latent defects, or correction of defects for the Fourth Berkeley Software Distribution.
Licensee agrees to indemnify, defend and hold harmless the Regents, its successors, agents, officers, and employees, either in their individual capacities or by reason of their relationship to the Regents, with respect to any expense, claim, liability, loss, or damages, including any direct, indirect, special, incidental, or consequential damages (including lost profits), whether incurred, made or suffered by licensee or any of its sub licensees or by third parties, in connection with or in any way arising out of the furnishing, sublicensing, performance or use of the Fourth Berkeley Software Distribution in connection with this Agreement. Licensee's obligations include, but are not limited to, its obligation to indemnify, defend, and hold the Regents, their agents, officers and employees harmless in the case of any claim of copyright, trade secret, patent, or any other type of proprietary or contractual rights infringement based in any manner in licensee's use of the Fourth Berkeley Software Distribution.
THE REGENTS SHALL NOT BE LIABLE FOR ANY COSTS, DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL (INCLUDING LOST PROFITS), FEES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, OR OTHER LIABILITY WITH RESPECT TO ANY CLAIM BY LICENSEE OR ANY THIRD PARTY ON ACCOUNT OF OR ARISING FROM THIS AGREEMENT OR USE OF FOURTH BERKELEY SOFTWARE DISTRIBUTION.
Commercial Hosting Services
Notwithstanding anything to the contrary in this Agreement, Licensee may use the Program to provide Commercial Hosting Services to its end-user customers ("End Users"), up to Licensee's Authorized Use. Commercial Hosting Services, for purposes of this Agreement, are defined as processing, storage, networks, and other fundamental computing resources, provided to single or multiple End Users. Licensee may sublicense the Program to End Users solely for the purpose of utilizing Licensee's Commercial Hosting Services. The terms of any such sublicense shall be substantially similar to those of the IBM International Program License Agreement (IPLA), including third party notices; provided that, Licensee may not grant its End Users the right to transfer, sublicense, rent or lease the Program. Furthermore, (i) each End User's license must terminate upon any termination of IBM's license to Licensee, (ii) Licensee must include IBM as a third party beneficiary of Licensee's agreement with End User, and (iii) Licensee must indemnify and hold IBM, its suppliers and distributors harmless from and against any claim arising out of End User's use of Licensee's Commercial Hosting Services.
Supporting Program Details
IBM DB2 Enterprise Server
Use Limitation: Use by Principal Program
IBM Security Directory Server
Use Limitation: Use by Principal Program
"Use by Principal Program" means that the Supporting Program is provided exclusively for use by the Principal Program. Neither Licensee nor any application, program or device is authorized to directly use or access the services of the Supporting Program except Licensee may access the Supporting Program to perform administrative functions for the Supporting Program such as backup, recovery and authorized configuration.