Skip to main content

License Information documents

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 WebSphere Message Broker Connectivity Pack for Healthcare V7.0
Program Number: 5725-C18

Limited Use Program

This Program is supplied only for use with Named Program(s) identified below or their successors. Licensee is prohibited from using this Program in connection with any other software.

Named Program(s):
IBM WebSphere Message Broker V7.0.0.1

Redistributables

If the Program includes components that are Redistributable, they will be identified in the REDIST file that accompanies the Program. In addition to the license rights granted in the Agreement, Licensee may distribute the Redistributables subject to the following terms:
1) Redistribution must be in object code form only and must conform to all directions, instruction and specifications in the Program's accompanying REDIST or documentation;
2) If the Program's accompanying documentation expressly allows Licensee to modify the Redistributables, such modification must conform to all directions, instruction and specifications in that documentation and these modifications, if any, must be treated as Redistributables;
3) Redistributables may be distributed only as part of Licensee's application that was developed using the Program ("Licensee's Application") and only to support Licensee's customers in connection with their use of Licensee's Application. Licensee's Application must constitute significant value add such that the Redistributables are not a substantial motivation for the acquisition by end users of Licensee's software product;
4) If the Redistributables include a Java Runtime Environment, Licensee must also include other non-Java Redistributables with Licensee's Application, unless the Application is designed to run only on general computer devices (for example, laptops, desktops and servers) and not on handheld or other pervasive devices (i.e., devices that contain a microprocessor but do not have computing as their primary purpose);
5) Licensee may not remove any copyright or notice files contained in the Redistributables;
6) Licensee must hold IBM, its suppliers or distributors harmless from and against any claim arising out of the use or distribution of Licensee's Application;
7) Licensee may not use the same path name as the original Redistributable files/modules;
8) Licensee may not use IBM's, its suppliers or distributors names or trademarks in connection with the marketing of Licensee's Application without IBM's or that supplier's or distributor's prior written consent;
9) IBM, its suppliers and distributors provide the Redistributables and related documentation 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;
10) Licensee is responsible for all technical assistance for Licensee's Application and any modifications to the Redistributables; and
11) Licensee's license agreement with the end user of Licensee's Application must notify the end user that the Redistributables or their modifications may not be i) used for any purpose other than to enable Licensee's Application, ii) copied (except for backup purposes), iii) further distributed or transferred without Licensee's Application or iv) reverse assembled, reverse compiled, or otherwise translated except as specifically permitted by law and without the possibility of a contractual waiver. Furthermore, Licensee's license agreement must be at least as protective of IBM as the terms of this Agreement.

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.

For Source Components and Sample Materials listed in a Program's REDIST file, Licensee may redistribute modified versions of those Source Components or Sample Materials consistent with the terms of this license and any instructions in the REDIST file.

Program-unique Terms

1. Product Structure
2. Unit Testing
3. Program not to be used for clinical purposes
4. Indemnity to IBM
5. HL7 Vocabulary
6. Limitations by country

1. Product Structure

The IBM WebSphere Message Broker Connectivity Pack for Healthcare (Part Number D0H8CLL) contains all physical media for the Program. Licensee must obtain entitlements to use the Program for each installed instance of IBM WebSphere Message Broker on which the Program is deployed for testing or for production purposes, except as provided in paragraph 2., "Unit Testing" below.

2. Unit Testing

The Program's license authorizes multiple developers to install a maximum of one copy per developer of the Program (Part Number D0H8CLL) on a single Microsoft Windows machine or a single Linux machine running on Intel, for purposes of Unit Testing.

For these purposes, "Unit Testing" is limited to the testing of configurations written or generated by such developer to confirm that such configuration functions as designed.

Exclusions: authorized Unit Testing does not include any of the following:

a. testing message flows on servers separate from the developer's machine. The developer may create local message flows that connect to remote servers hosting non-production applications and services in a unit-test environment;

b. exchanging messages with any production application or system; or

c. simulating production workloads for the purpose of testing scalability of any code, application or system in an integration test environment

3. Program not to be used for clinical purposes

The Program is capable of being used as a medical device data system to transfer, store, and convert data from one format to another. Therefore, notwithstanding that the Program may occasionally transmit data to bedside medical devices (e.g., for polling and telemetry), IBM grants no license for use of the Program to control any bedside medical device for clinical or treatment purposes (for example, but without limitation, the administration of medication, anaesthetics, saline solutions and the like), and all such use of the Program for clinical or treatment purposes is prohibited.

In addition the Program is not intended or licensed for any of the following:

1. use for active patient monitoring or decision support;
2. use in any active monitoring that depends on the timeliness of data transmission; or
3. use where the Program is depended on for immediate clinical action.

IBM is not responsible for any additional regulatory clearance that may be required for any such use. Even if IBM separately agrees to extend the scope of the licence to allow any such use, Licensee must comply with any associated regulatory requirement.

4. Indemnity to IBM

Licensee will indemnify International Business Machines Corporation and its affiliated companies against any and all third party claims and liability arising directly or indirectly from any use of the Program by or for Licensee for a use or purpose that is prohibited by the provisions of the foregoing section 3., "Program not to be used for clinical purposes".

5. HL7 Vocabulary

This product includes all or a portion of the HL7 Vocabulary database, or is derived from the HL7 Vocabulary database, subject to a license from Health Level Seven International. Your use of the HL7 Vocabulary database and HL7 codes also is subject to this license, a copy of which is accessible through the following link: http://www.hl7.org/permalink/?VocabTables. The current complete HL7 Vocabulary database is also available through this link. The HL7 Vocabulary database and HL7 codes are copyright © 1989-2008, Health Level Seven International. All rights reserved. THE HL7 VOCABULARY DATABASE IS PROVIDED "AS IS." ANY EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

6. Limitations by country

The Program is subject to specific legal and regulatory approvals, and can therefore only be released by IBM to market on a restricted and country-specific basis, reflecting the specific local regulatory environment and local approvals received. Accordingly, in order to be sure of complying with the various applicable local regulatory régimes, The Program is licensed for use only in certain countries, based upon the conclusions of these activities.

For a list of the countries in which the Program is currently so licensed, please see the following URL:- http://www-01.ibm.com/software/integration/wbimessagebroker/healthcare/license or alternatively address a request to IBM via an e-mail to mqlcycle@uk.ibm.com.

By purchasing the Program, Licensee undertakes to observe the restrictions as imposed; in particular, that undertaking extends to Licensee's agreeing not to seek to install, sell or otherwise make use of the Program, except in any country where regulatory approval has been granted for the Program to be used, and where IBM has announced the availability of the Program. IBM will expect to be indemnified and held harmless by any user who violates the undertaking set forth above against liability, costs and expenses arising from such breach of the undertaking.


D/N: L-AFOS-89SLEP
P/N: L-AFOS-89SLEP