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 Non-Warranted Programs (Z125-5589-05) applies.
Program Name (Program Number):
IBM WebSphere Application Server V188.8.131.52 (5724-J08)
The following standard terms apply to Licensee's use of the Program.
Licensee may not use or authorize others to use the Program, alone or in combination with other services or products, in support of any of the following high risk activities: design, construction, control, or maintenance of nuclear facilities, mass transit systems, air traffic control systems, automotive control systems, weapons systems, or aircraft navigation or communications, or any other activity where program failure could give rise to a material threat of death or serious personal injury.
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:
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.
In addition to the above, the following terms apply to Licensee's use of the Program.
Licensee is prohibited from using the Program for more than a combined total of 2 Gigabytes of JVM heap space across all Installs, except when used:
a. on a Developer Machine or Build Server;
b. for the sole purpose of testing compatibility with Licensee's publicly available Open Source Software or software the Licensee sells commercially
Licensee must publish test results when compatibility has been verified regardless of the JVM heap space used.
Licensee's use of the Program is subject to this License Information document, and accompanying International License for the Agreement of Non-Warranted Programs, unless Licensee obtains a valid Proof of Entitlement from IBM for the version of this Program licensed under the International Program License Agreement, in which case that base agreement and License Information document would apply to Licensee's continued use of the Program.
A "Developer Machine" is 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. When on a Developer Machine or Build Server, Licensee is not authorized to use for processing production workloads, simulating production workloads or testing scalability of any code, application or system.
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.
A "Gigabyte" is 2 to the 30th power bytes.
"Open Source Software" is defined as software whose source code is freely available for modification or enhancement with a license in which the copyright holder provides the rights to study, change, and distribute the software to anyone and for any purpose.
An "Install" is an installed copy of the Program on a physical or virtual disk made available to be executed on a computer.