LICENSE INFORMATION
The Programs listed below are licensed under the following
terms and conditions in addition to those of the IBM
International Program License Agreement (IBM form number Z125-3301-14).
Program Name: IBM Mobile Application Platform Pattern,
Enterprise Edition V5.0.6
Program Number: 5725-G24
Program Name: IBM Mobile Application Platform Pattern,
Consumer Edition V5.0.6
Program Number: 5725-G24
Program Name: IBM Mobile Application Platform Pattern,
Enterprise Edition, for Non-Production Environment V5.0.6
Program Number: 5725-G24
Program's specifications can be found in the collective
Description and Technical Information sections of the Program's
Announcement Letters.
Non-Production Limitation
If the Program is designated as "Non-Production", the
Program can only be deployed as part of the 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 Program
for any other purposes without acquiring the appropriate
production entitlements.
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:
Android Robot (graphic)
android_device.png
android.png
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 Mobile Application Platform Pattern, Enterprise Edition
V5.0.6
IBM Mobile Application Platform Pattern, Consumer Edition
V5.0.6
IBM Mobile Application Platform Pattern, Enterprise
Edition, for Non-Production Environment V5.0.6
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.
Application
Application is a unit of measure by which the Program can
be licensed. An Application is a uniquely named software
program that is separately installable on a computing device.
Licensee must obtain sufficient Application entitlements to cover
all Applications that incorporate any portion of, connect to,
or are managed by the Program.
Client Device
Client Device is a unit of measure by which the Program can
be licensed. A Client Device is a single user computing device
or special purpose sensor or telemetry device that requests
the execution of or receives for execution a set of commands,
procedures, or applications from or provides data to another computer
system that is typically referred to as a server or is otherwise
managed by the server. Multiple Client Devices may share access to
a common server. A Client Device may have some processing
capability or be programmable to allow a user to do work. Examples
include, but are not limited to actuators, appliances, automated
teller machines, automatic meter readers, cash registers, disk
drives, desktop computers, kiosks, notebook computers, personal
digital assistant, point-of-sale terminals, sensors, smart meters,
tape drives, and technical workstations. Licensee must obtain
entitlements for every Client Device which runs, provides data to, uses
services provided by, or otherwise accesses the Program and for
every other computer or server on which the Program is installed.
Install
Install is a unit of measure by which the Program can be
licensed. An Install is an installed copy of the 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
Program.
Virtual Server
Virtual Server is a unit of measure by which the Program
can be licensed. 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 or an unpartitioned physical server. Licensee must obtain
Virtual Server entitlements for each virtual server made available
to the Program, regardless of the number of processor cores in
the virtual server or the number of copies of the Program on
the virtual server.
General Charge Terms
Cumulative Entitlements
Client Device and Virtual Server entitlements are not
alternative means for licensing production use of the Program. Licensee
must obtain sufficient entitlements to cover the Client Devices
that contain an application connected to or derived from the
Program as well as the appropriate number of Virtual Server
entitlements for the relevant servers.
Program-unique Terms
Mobile OS Platforms
IBM has tested sample applications created with the mobile
tools provided in the Program ("Mobile Tools") to determine if
they will execute properly on certain versions of mobile
operating system platforms from Apple (iOS), RIM (Blackberry),
Microsoft (Windows, Windows RT, Windows Phone), and Google (Android)
(collectively "Mobile OS Platforms"), however, Mobile OS Platforms are
provided by third parties, are not under IBM's control and are
subject to change without notice to IBM. As such, and
notwithstanding anything to the contrary, IBM does not warrant that any
applications or other output created using the Mobile Tools will execute
properly on, interoperate with or be compatible with any Mobile OS
Platforms or mobile devices.
Multi-Product Install Image
The Program is provided as part of a multi-product install
image. Licensee is authorized to install and use only the Program
(and its Supporting Programs, if any) for which a valid
entitlement is obtained. Licensee may not otherwise install or use any
of the other software included in the image unless Licensee
has acquired separate entitlements for that other software.
- In lieu of each IBM Mobile Application Platform Pattern
Consumer Edition per Application entitlement, licensee is authorized
to install and use the corresponding version of IBM Worklight
Consumer Edition per Application.
- In lieu of each IBM Mobile Application Platform Pattern
Enterprise Edition per Client Device entitlement, licensee is
authorized to install and use the corresponding version of IBM
Worklight Enterprise Edition per Client Device.
- In lieu of each IBM Mobile Application Platform Pattern
Enterprise Edition per Virtual Server entitlement, licensee is
authorized to install and use the corresponding version of IBM
Worklight Enterprise Edition per Install.
- In lieu of each IBM Mobile Application Platform Pattern
Enterprise Edition for Non-Production Environment per Virtual Server
entitlement, licensee is authorized to install and use the corresponding
version of IBM Worklight Enterprise Edition for Non-Production
Environment per Install.
L/N: L-STHN-942QYZ
D/N: L-STHN-942QYZ
P/N: L-STHN-942QYZ