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