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 (Program Number):
IBM Architecture Room Live 9.7 GA (Evaluation)

The following standard terms apply to Licensee's use of the Program.

Evaluation Period

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

Prohibited Uses

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.

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.

Program Keys

For Programs which require keys to operate, Licensee may not have more keys to the Program in Licensee's Enterprise than Licensee has entitlements.



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 (Program Number):
IBM Architecture Room Live 9.7 GA (5737-I37)

The following standard terms apply to Licensee's use of the Program.

Limited use right

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.

Specifications

Program's specifications can be found in the collective Description and Technical Information sections of the Program's Announcement Letters.

Prohibited Uses

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.

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.

Program Keys

For Programs which require keys to operate, Licensee may not have more keys to the Program in Licensee's Enterprise than Licensee has entitlements.

The following units of measure may apply to Licensee's use of the Program.

Floating User Single Install

Floating User Single Install is a unit of measure by which the Program can be licensed. A Floating User is a person who is accessing the Program at any particular point in time. 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 Floating User simultaneously accesses more than one Install of the Program, the Floating User requires a separate entitlement for each such Install. Licensee must obtain separate entitlements for each Floating User simultaneously accessing the Program on each Install in any manner directly or indirectly (for example: via a multiplexing program, device, or application server) through any means.

L/N: L-MAXN-AZXBWC
D/N: L-MAXN-AZXBWC
P/N: L-MAXN-AZXBWC