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 Application Server - Express Version 8.0
Program Number: 5724-I63
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. The terms of this Agreement may replace or modify the license terms for the Supporting Programs. In the event of conflict, these 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 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 Assembly and Deploy Tools for WebSphere Administration V8.0.3
IBM Business Solutions V5.2
IBM DB2 Workgroup Server Edition Limited Use V9.7
IBM DB2 Enterprise Server Edition Limited Use for zlinux V9.7
IBM HTTP Server for WebSphere Application Server V 8.0
IBM Installation Manager V1.4.3
IBM Packaging Utility V1.4.3
IBM Rational Agent Controller V8.3.3
IBM Support Assistant Agent V4.1.2
IBM Support Assistant Workbench V4.1.2
IBM Tivoli Composite Application Manager for IBM WebSphere Application Server V7.2
IBM Tivoli Directory Server V6.3
Web Server Plug-ins for IBM WebSphere Application Server V 8.0
WebSphere Application Client for IBM WebSphere Application Server Version 8.0
Notwithstanding any provision in the Agreement, Licensee is not authorized to use any of the following components or functions of the Program:
IBM Tivoli Directory Server Proxy server
Whitepages Application (of IBM Tivoli 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)
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 Console
- Administrative Scripting
- IBM HTTP 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
- Pluggable Application Client
- WebSphere Application Client
- Web Servers Plugins
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.
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:
All Programs identified in this License Information document under "Program Name" above.
The Program may include some components in source code form ("Source Components"). Licensee may copy and modify Source Components 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. IBM provides the Source Components 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.
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.
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.
The maximum authorized use terms and conditions for PVU licensed IBM Express and Middleware Programs can be found in the IBM Express and Middleware Licensing Guide at ftp://ftp.software.ibm.com/software/smb/pdfs/LicensingGuide.pdf.
General Charge Terms
Authorized User Single Install Pricing Option
For Licensees that purchase the Authorized User Single Install option for the Program, Licensee can use the Program only on one (1) server at one (1) 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.
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 component(s) are not taken into consideration when used for internal development and unit test purposes on a Developer Machine. 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. 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.
- Embeddable EJB Container
WebSphere Application Server - Express For Developers
If the Program is designated as "For Developers", the Program can only be deployed as part of the Licensee's internal development and unit test purposes on a Developer Machine. 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.
Licensee is not authorized to use the Program for 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 for any other purposes without acquiring the appropriate production entitlements.
Other IBM Application Server Solutions
Licensee is authorized to use the Job Manager component 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.
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 the purposes of simple load balancing and failover limited to routing requests to a maximum of two (2) Profiles of the Program 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
The following applies to use of the IBM DB2 edition(s) specified in the Supporting Programs section of this License Information:
- Entitlement: Ratio 1/1
- Use Limitations: Use by Principal Program
"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