License Information documents

Repository for licenses under the IPLA family

IMPORTANT: READ CAREFULLY

Two license agreements are presented below.

1. IBM International License Agreement for Evaluation of Programs
2. IBM International Program License Agreement

If Licensee is obtaining the Program for purposes of productive use (other than evaluation, testing, trial "try or buy," or demonstration): By clicking on the "Accept" button below, Licensee accepts the IBM International Program License Agreement, without modification.

If Licensee is obtaining the Program for the purpose of evaluation, testing, trial "try or buy," or demonstration (collectively, an "Evaluation"): By clicking on the "Accept" button below, Licensee accepts both (i) the IBM International License Agreement for Evaluation of Programs (the "Evaluation License"), without modification; and (ii) the IBM International Program License Agreement (the "IPLA"), without modification.

The Evaluation License will apply during the term of Licensee's Evaluation.

The IPLA will automatically apply if Licensee elects to retain the Program after the Evaluation (or obtain additional copies of the Program for use after the Evaluation) by entering into a procurement agreement (e.g., the IBM International Passport Advantage or the IBM Passport Advantage Express agreements).

The Evaluation License and the IPLA are not in effect concurrently; neither modifies the other; and each is independent of the other.

The complete text of each of these two license agreements follow.



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 License Agreement for Evaluation of Programs (Z125-5543-05) applies.

Program Name: IBM WebSphere Application Server V9
Program Number: Evaluation

Evaluation Period

The evaluation period begins on the date that Licensee agrees to the terms of this Agreement and ends after 60 days.

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 WebSphere Application Server V8.5.5
IBM API Connect Essentials
IBM DB2 Workgroup Server
IBM HTTP Server for WebSphere Application Server
IBM Installation Manager
IBM Packaging Utility
IBM Security Directory Server
IBM Security Directory Suite Limited Edition
IBM Support Assistant
IBM WebSphere Adapters
IBM WebSphere eXtreme Scale
IBM SDK, Java Technology Edition
Mozilla Firefox for AIX
Web Server Plug-ins for IBM WebSphere Application Server
WebSphere Application Client for IBM WebSphere Application Server
WebSphere Customization Toolbox

Permitted Components

Notwithstanding any provision in the Agreement, Licensee is permitted to use only the following components or functions of the identified Supporting Program:
HTTP Session Management (of IBM WebSphere eXtreme Scale)
Dynacache Offload (of IBM WebSphere eXtreme Scale)

Prohibited Components

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)
IBM Connections Profiles (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)

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 WebSphere Application Server V9

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.

Export and Import Restrictions

This Program may contain cryptography. Transfer to, or use by, users of the Program may be prohibited or subject to export or import laws, regulations or policies, including those of the United States Export Administration Regulations. Licensee assumes all responsibility for complying with all applicable laws, regulations, and policies regarding the export, import, or use of this Program, including but not limited to, U.S. restrictions on exports or reexports. To obtain the export classification of this Program refer to: https://www.ibm.com/products/exporting/.



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 WebSphere Application Server V9
Program Number: 5724-J08

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 WebSphere Application Server V8.5.5
IBM API Connect Essentials
IBM DB2 Workgroup Server
IBM HTTP Server for WebSphere Application Server
IBM Installation Manager
IBM Packaging Utility
IBM Security Directory Server
IBM Security Directory Suite Limited Edition
IBM Support Assistant
IBM WebSphere Adapters
IBM WebSphere eXtreme Scale
IBM SDK, Java Technology Edition
Mozilla Firefox for AIX
Web Server Plug-ins for IBM WebSphere Application Server
WebSphere Application Client for IBM WebSphere Application Server
WebSphere Customization Toolbox

Permitted Components

Notwithstanding any provision in the Agreement, Licensee is permitted to use only the following components or functions of the identified Supporting Program:
HTTP Session Management (of IBM WebSphere eXtreme Scale)
Dynacache Offload (of IBM WebSphere eXtreme Scale)

Prohibited Components

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)
IBM Connections Profiles (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)

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 WebSphere Application Server V9

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.

Export and Import Restrictions

This Program may contain cryptography. Transfer to, or use by, users of the Program may be prohibited or subject to export or import laws, regulations or policies, including those of the United States Export Administration Regulations. Licensee assumes all responsibility for complying with all applicable laws, regulations, and policies regarding the export, import, or use of this Program, including but not limited to, U.S. restrictions on exports or reexports. To obtain the export classification of this Program refer to: https://www.ibm.com/products/exporting/.

Authorized User Single Install

Authorized User Single Install 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. An Install is an installed copy of the Program on a physical or virtual disk made available to be executed on a computer. The Program may be installed on any number of computers or servers, but if the Authorized User has accessed or has access to more than one Install of the Program, the Authorized User requires a separate entitlement for each such Install. Licensee must obtain separate, dedicated entitlements for each Authorized User given access to the Program on each Install 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.

Limited Use Socket

Limited Use Socket is a unit of measure by which the Program can be licensed. A socket is electronic circuitry that accepts a processor chip. A server is a physical computer that is comprised of processing units, memory, and input/output capabilities and that executes requested procedures, commands, or applications for one or more users or client devices. Where racks, blade enclosures, or other similar equipment is being employed, each separable physical device (for example, a blade or a rack-mounted device) that has the required components is considered itself a separate server. A virtual server is either a virtual computer created by partitioning the resources available to a physical server that complies with the requirements of the Sub-capacity Guide found at ftp://ftp.software.ibm.com/software/smb/pdfs/SubcapacityGuide.pdf or the unpartitioned physical server. If Licensee's virtualization environment does not comply with the requirements of the Sub-capacity Guide, the entire physical server must meet all requirements in this license. Licensee must obtain Limited Use Socket entitlements for each socket on the virtual servers made available to the Program. The total number of sockets on any virtual server made available to the Program cannot exceed 4.

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

Authorized User Single Install Pricing Option

For Authorized User Single Install entitlements acquired by Licensee for the Program, Licensee can use the Program only on a single virtual or physical machine per Customer Location. A Customer Location is defined as a single physical site, including the surrounding campus and satellite offices located within one kilometer of that physical site.


Program-unique Terms

1. Components Not Used for Establishing Required Entitlements

When determining the number of entitlements required for Licensee's installation or use of the Program, the installation or use of the following Program components are not taken into consideration. In other words, Licensee may install and use the following Program components, under the license terms, but these components are not used to determine the number of entitlements required for the Program.

- Administrative Clients (Browser or Scripting Clients)
- IBM HTTP Server for WebSphere Application Server
- IBM Resource Adapter for JMS with WebSphere Application Server
- IBM Thin Admin Client for WebSphere Application Server
- IBM Thin Client for EJB with WebSphere Application Server
- IBM Thin Client for JMS with WebSphere Application Server
- IBM Thin Client for JAX RPC with WebSphere Application Server
- IBM Thin Client for JAX WS with WebSphere Application Server
- IBM Thin Client for JPA with WebSphere Application Server
- IBM Thin Client for XML with WebSphere Application Server
- Performance and Analysis Tools: Dynamic Cache Monitor, Tivoli Performance Viewer, Performance Servlet
- Application Client for IBM WebSphere Application Server
- Web Server Plug-ins for IBM WebSphere Application Server
- WSGrid Command-line Utility
- Embeddable EJB Container

Use of the Program on a Developer Machine for development and unit test purposes.

A Developer Machine is defined as a physical or virtual desktop environment, running a primary operating system and the Program, both of which are accessible and used by no more than one (1) specified developer. The physical or virtual desktop environments include on-premises and off-premises cloud environments. The Program and these component(s) cannot be used for production purposes, including processing production workloads, simulating production workloads or testing scalability of any code, application or system. Licensee is not authorized to use any part of the Program component(s) for any other purposes without acquiring the appropriate production entitlements.

Use as a Build Server

A Build Server is defined as a machine, physical or virtual, in which the Program is installed but has not been started with the exception of the server package command, the Program libraries can be used for Program application and server builds in support of the licensed Program.

2. Other IBM Application Server Solutions

Licensee is authorized to use the Job Manager and Collective Controller components of WebSphere Application Server Network Deployment to manage the Program. Licensee is not authorized to use any other components of WebSphere Application Server Network Deployment to manage the Program.

3. HTTP Load Balancing and Failover

Licensee is entitled to use the Web server plug-ins to improve security by having an HTTP server run on a separate machine from the Program.

Licensee is authorized to configure the Web server plug-ins for an unlimited number of Profiles of the Program for the purposes of simple load balancing and failover, and is limited to HTTP/HTTPS requests only. A Profile of the Program is defined as an individual WebSphere Application Server runtime environment and includes all the files that the server processes in the runtime environment and that a Licensee can change.

Supporting Program Details

IBM DB2 Workgroup Server
- Entitlement: Ratio 1 PVU /1 PVU
- Use Limitations: Use by Principal Program

IBM Security Directory Server
- Entitlement: 1 install

IBM Security Directory Suite Limited Edition
- Entitlement: 1 install

IBM API Connect Essentials
- Entitlement: Ratio 500 Monthly API Calls /1 PVU
- Use Limitations: Unrestricted

For the following Supporting Programs, they are Unrestricted and Non-Supported:
- Application Client for IBM WebSphere Application Server
- IBM HTTP Server for WebSphere Application Server
- IBM Resource Adapter for JMS with WebSphere Application Server
- IBM Thin Admin Client for WebSphere Application Server
- IBM Thin Client for EJB with WebSphere Application Server
- IBM Thin Client for JAX-RPC with WebSphere Application Server
- IBM Thin Client for JAX-WS with WebSphere Application Server
- IBM Thin Client for JMS with WebSphere Application Server
- IBM Thin Client for JPA with WebSphere Application Server
- IBM Thin Client for XML with WebSphere Application Server
- Web Server Plug-ins for IBM WebSphere Application Server
- WebSphere Customization Toolbox

"Ratio n/m" means that Licensee receives some number ('n') entitlements for the Supporting Program for every specified number ('m') entitlements of the Principal Program as a whole. Unless otherwise specified, the number of entitlements for the Supporting Program is rounded up to a multiple of 'n'. For example, if a Program includes 100 PVUs for a Supporting Program for every 500 PVUs obtained of the Principal Program and Licensee acquires 1,200 PVUs of the Program, Licensee may install the Supporting Program and have processor cores available to or managed by it of up to 300 PVUs. Those PVUs would not need to be counted as part of the total PVU requirement for Licensee's installation of the Program on account of the installation of the Supporting Program (although those PVUs might need to be counted for other reasons, such as the processor cores being made available to the Principal Program, as well).

"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

"Non-Production" means that the Supporting Program can only be deployed as part of 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 Supporting Program for any other purposes without acquiring the appropriate production entitlements.

"Unrestricted" means that, notwithstanding the language above, Licensee's right to use the Supporting Program is not limited to use only in support of Licensee's use of the Principal Program. While the other restrictions on Licensee's use of the Supporting Program continue to apply, Licensee may use the Supporting Program for purposes independent of the licensed use of the Principal Program.

"Non-supported" means the Supporting Programs are provided without obligation of support when used for purposes independent of the licensed use of the Principal Program, and for those uses are "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.

Install is a unit of measure by which the Supporting Program can be licensed. An Install is an installed copy or instance of the Supporting Program on a physical or virtual disk made available to be executed on a computer. Licensee must obtain an entitlement for each Install of the Supporting Program.

Monthly API Call is a unit of measure by which the Supporting Program can be licensed. An API Call is the invocation of the Program via a programmable interface. Sufficient entitlements must be obtained to cover the maximum number of API Calls in any calendar month.


L/N: L-SWIS-9YUK88
D/N: L-SWIS-9YUK88
P/N: L-SWIS-9YUK88