The Program listed below is licensed under the following terms and conditions in addition to those of the International Program License Agreement.
Program Name: IBM Hardware Management Console for pSeries
Program Number: xxxxxx
Guarantee: None
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: One year from date of purchase of
IBM Hardware Management Console for pSeries
Y2K Readiness: 1
Explanation of terms:
Authorization for Use on Home/Portable Computer:
"1" means that the Program may be stored on the primary machine and another machine, provided that the Program is not in active use on both machines at the same time.
"2" means that you may not copy and use this Program on another computer without paying additional license fees.
Program Services End Date:
The program is warranted and program services will be available until the end date specified above.
Year 2000 Readiness:
"1" means that this Program does not have date dependencies and is therefore Year 2000 ready.
"2" means that this Program, when used in accordance with its associated documentation, is capable of correctly processing, providing and / or receiving date data within and between the twentieth and twenty-first centuries, provided that all products (for example, hardware, software, and firmware) used with this IBM Program properly exchange accurate date data with it.
Specified Operating Environment
The Program Specifications and Specified Operating Environment information may be found in documentation accompanying the Program such as the Installation / Users Guide.
Program-unique Terms
This program is licensed solely for use on the Hardware Management Console for pSeries on which it was originally preloaded and shipped by IBM, and may be used solely for the purpose of utilizing the Hardware Management Console for pSeries to manage IBM eServer pSeries within the Specified Operating Environment for the Hardware Management Console. Notwithstanding any contrary terms in the Part 1 - General Terms of the IBM International Program License Agreement, this Program may not be installed on any other computer, and you may not transfer this Program except in conjunction with the transfer of the Hardware Management Console for pSeries on which the Program was originally installed.
The Specified Operating Environment for the Program is limited to the unmodified version of the Program as originally preloaded on the Hardware Management Console for pSeries and shipped by IBM. IBM's warranty to the Program is limited to its use in this operating environment, and by any other restrictions or requirements for the Specified Operating Environment that may be found in documentation accompanying the Program. Modification of the Program installed on the Hardware System console by removing portions of it, or by installing any additional program onto it (including but not limited to programs that may be shipped on separate media with the Hardware Management Console for pSeries) will void IBM's warranty, unless the modification is a maintenance update or patch provided by IBM and authorized for installation on the Hardware System Console.
With respect to any open source or other third-party program that may be included on media shipped with the Program under a third-party license that grants you broader rights than those specified above, the following applies to your use of such programs:
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIES, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING SUCH PROGRAMS, OR TECHNICAL SUPPORT FOR SUCH PROGRAMS, IF ANY.
The Program may contain cryptography for data which is subject to special export licensing requirements of the US Department of Commerce or other countries. Refer to the Program documentation or consult your IBM representative for details on the available level of encryption. You are hereby notified that use by, or transfer to, users in different countries of the same Program may be prohibited or subject to special import laws, regulations, or policies from the user's national government or special export lasts, regulations, or policies from your national government. You assume all responsibility for ensuring that the Program is used or transferred in accordance with all applicable import and export laws, regulations, and policies.
U.S. Government Users Restricted Rights
U.S. Government Users Restricted Rights - Use, duplication, or disclosure restricted by the GSA ADP Schedule Contract with the IBM Corporation.
-------------------------------------------------------------------------------------------------------
Addendum for Linux and Other Open Source Programs
These terms replace those in Section 1 and are in addition to those of the remaining sections of the IBM International Program License Agreement. If there is a conflict among terms, those of this Addendum prevail. You accept these terms and the terms in the Agreement by using the Program.
The Linux and other open source Program(s) that were packaged with,
or preloaded onto, your IBM computer system are distributed by Caldera
Inc., Red Hat Inc., SuSE GMBH, TurboLinux Inc., or other distributors of
open source Programs. IBM is not a distributor of Linux or other open source
Programs, but is merely a conduit through which these companies distribute
open source Programs. Linux and other open source Programs are licensed
to you by their distributor. You receive no express or implied patent or
other license from IBM with respect to Linux and other open source Programs.
CIMOM is an open source program licensed to you by Storage Networking Industry Association (SNIA) under the terms of the SNIA Open Source License found at http://www.snia.org/English/Resources/Code/OpenSource.html. The text of the license reads as follows:
STORAGE NETWORKING INDUSTRY ASSOCIATION
PUBLIC LICENSE
Version 1.1
________________________
1. Definitions.
1.1 "Commercial Use" means distribution
or otherwise making the Covered Code available to a
third party.
1.2 "Contributor" means each entity that creates or contributes to the creation of Modifications.
1.3 "Contributor Version" means
the combination of the Original Code, prior Modifications
used by a Contributor, and the Modifications
made by that particular Contributor.
1.4 "Covered Code" means the Original
Code or Modifications or the combination of the
Original Code and Modifications, in
each case including portions thereof.
1.5 "Electronic Distribution Mechanism"
means a mechanism generally accepted in the
software development community for the
electronic transfer of data.
1.6 "Executable" means Covered Code in any form other than Source Code.
1.7 "Initial Developer" means
the individual or entity identified as the Initial Developer in the
Source Code notice required by Exhibit
A.
1.8 "Larger Work" means a work
which combines Covered Code or portions thereof with code
not governed by the terms of this License.
1.9 "License" means this document.
1.10 "Licensable" means having
the right to grant, to the maximum extent possible, whether at
the time of the initial grant or subsequently
acquired, any and all of the rights conveyed herein.
1.11 "Modifications" means any
addition to or deletion from the substance or structure of either
the Original Code or any previous Modifications.
When Covered Code is released as a series of
files, a Modification is:
A.
Any addition to or deletion from the contents of a file containing Original
Code or
previous
Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.12 "Original Code" means Source
Code of computer software code which is described in the
Source Code notice required by Exhibit
A as Original Code, and which, at the time of its release
under this License is not already Covered
Code governed by this License.
1.13 "Patent Claims" means any
patent claim(s), now owned or hereafter acquired, including
without limitation, method, process,
and apparatus claims, in any patent Licensable by grantor.
1.14 "Source Code" means the preferred
form of the Covered Code for making modifications to
it, including all modules it contains,
plus any associated interface definition files, scripts used to
control compilation and installation
of an Executable, or source code differential comparisons
against either the Original Code or
another well known, available Covered Code of the
Contributor's choice. The Source Code
can be in a compressed or archival form, provided the
appropriate decompression or de-archiving
software is widely available for no charge.
1.15 "You" (or "Your") means an
individual or a legal entity exercising rights under, and
complying with all of the terms of,
this License or a future version of this License issued under
Section 6.1. For legal entities, "You"
includes any entity which controls, is controlled by, or is
under common control with You. For purposes
of this definition, "control" means (a) the power,
direct or indirect, to cause the direction
or management of such entity, whether by contract or
otherwise, or (b) ownership of more
than fifty percent (50%) of the outstanding shares or
beneficial ownership of such entity.
2. Source Code License.
2.1 The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide,
royalty-free, non-exclusive license,
subject to third party intellectual property claims:
(a)
under intellectual property rights (other than patent or trademark) Licensable
by Initial
Developer
to use, reproduce, modify, display, perform, sublicense and distribute
the
Original
Code (or portions thereof) with or without Modifications, and/or as part
of a Larger
Work;
and
(b)
under Patents Claims infringed by the making, using or selling of Original
Code, to
make,
have made, use, practice, sell, and offer for sale, and/or otherwise dispose
of the
Original
Code (or portions thereof).
(c)
the licenses granted in this Section 2.1(a) and (b) are effective on the
date Initial
Developer
first distributes Original Code under the terms of this License.
(d)
Notwithstanding Section 2.1(b) above, no patent license is granted: 1)
for code that
You delete
from the Original Code; 2) separate from the Original Code; or 3) for
infringements
caused by: i) the modification of the Original Code or ii) the combination
of
the Original
Code with other software or devices.
2.2 Contributor Grant. Subject
to third party intellectual property claims, each Contributor
hereby grants You a world-wide, royalty-free,
non-exclusive license
(a)
under intellectual property rights (other than patent or trademark) Licensable
by
Contributor,
to use, reproduce, modify, display, perform, sublicense and distribute
the
Modifications
created by such Contributor (or portions thereof) either on an unmodified
basis,
with other Modifications, as Covered Code and/or as part of a Larger Work;
and
(b)
under Patent Claims infringed by the making, using, or selling of Modifications
made
by that
Contributor either alone and/or in combination with its Contributor Version
(or
portions
of such combination), to make, use, sell, offer for sale, have made, and/or
otherwise
dispose of: 1) Modifications made by that Contributor (or portions thereof);
and
2) the
combination of Modifications made by that Contributor with its Contributor
Version
(or portions
of such combination).
(c)
the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
date Contributor
first
makes Commercial Use of the Covered Code.
(d)
Notwithstanding Section 2.2(b) above, no patent license is granted: 1)
for any code
that Contributor
has deleted from the Contributor Version; 2) separate from the Contributor
Version;
3) for infringements caused by: i) third party modifications of Contributor
Version
or ii)
the combination of Modifications made by that Contributor with other software
(except
as part of the Contributor Version) or other devices; or 4) under Patent
Claims
infringed
by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1 Application of License. The
Modifications which You create or to which You contribute are
governed by the terms of this License,
including without limitation Section 2.2. The Source Code
version of Covered Code may be distributed
only under the terms of this License or a future
version of this License released under
Section 6.1, and You must include a copy of this License
with every copy of the Source Code You
distribute. You may not offer or impose any terms on
any Source Code version that alters
or restricts the applicable version of this License or the
recipients' rights hereunder. However,
You may include an additional document offering the
additional rights described in Section
3.5.
3.2 Availability of Source Code.
Any Modification which You create or to which You contribute
must be made available in Source Code
form under the terms of this License either on the same
media as an Executable version or via
an accepted Electronic Distribution Mechanism to anyone
to whom you made an Executable version
available; and if made available via Electronic
Distribution Mechanism, must remain
available for at least twelve (12) months after the date it
initially became available, or at least
six (6) months after a subsequent version of that particular
Modification has been made available
to such recipients. You are responsible for ensuring that
the Source Code version remains available
even if the Electronic Distribution Mechanism is
maintained by a third party.
3.3 Description of Modifications.
You must cause all Covered Code to which You contribute to
contain a file documenting the changes
You made to create that Covered Code and the date of
any change. You must include a prominent
statement that the Modification is derived, directly or
indirectly, from Original Code provided
by the Initial Developer and including the name of the
Initial Developer in (a) the Source
Code, and (b) in any notice in an Executable version or related
documentation in which You describe
the origin or ownership of the Covered Code.
3.4 Intellectual Property Matters.
(a)Third
Party Claims. If Contributor has actual knowledge that a license under
a third
party's
intellectual property rights is required to exercise the rights granted
by such
Contributor
under Sections 2.1 or 2.2, Contributor must include a text file with the
Source
Code distribution
titled "LEGAL" which describes the claim and the party making the
claim
in sufficient detail that a recipient will know whom to contact. If Contributor
obtains
such knowledge
after the Modification is made available as described in Section 3.2,
Contributor
shall promptly modify the LEGAL file in all copies Contributor makes available
thereafter.
(b)Contributor
API's. If Contributor's Modifications include an application programming
interface
and Contributor has actual knowledge of patent licenses which are reasonably
necessary
to implement that API, Contributor must also include this information in
the
LEGAL
file.
(c)Representations.
Contributor represents that, except as disclosed pursuant to
Section
3.4(a) above, Contributor believes that Contributor's Modifications are
Contributor's
original creation(s) and/or Contributor has sufficient rights to grant
the rights
conveyed
by this License.
3.5 Required Notices. You must
duplicate the notice in Exhibit A in each file of the Source
Code. If it is not possible to put such
notice in a particular Source Code file due to its structure,
then You must include such notice in
a location (such as a relevant directory) where a user
would be most likely to look for such
a notice. If You created one or more Modification(s) You
may add your name as a Contributor to
the notice described in Exhibit A. You must also
duplicate this License in any documentation
for the Source Code where You describe recipients'
rights or ownership rights relating
to Covered Code. You may choose to offer, and to charge a fee
for, warranty, support, indemnity or
liability obligations to one or more recipients of Covered
Code. However, You may do so only on
Your own behalf, and not on behalf of the Initial
Developer or any Contributor. You must
make it absolutely clear that any such warranty,
support, indemnity or liability obligation
is offered by You alone, and You hereby agree to
indemnify the Initial Developer and
every Contributor for any liability (excluding any liability arising
from intellectual property claims relating
to the Covered Code) incurred by the Initial Developer or
such Contributor as a result of warranty,
support, indemnity or liability terms You offer.
3.6 Distribution of Executable Versions.
You may distribute Covered Code in Executable form
only if the requirements of Section
3.1-3.5
have been met for that Covered Code, and if You
include a notice stating that the Source
Code version of the Covered Code is available under the
terms of this License, including a description
of how and where You have fulfilled the obligation of
Section 3.2. The notice must
be conspicuously included in any notice in an Executable version,
related documentation or collateral
in which You describe recipients' rights relating to the
Covered Code. You may distribute the
Executable version of Covered Code or ownership rights
under a license of Your choice, which
may contain terms different from this License, provided
that You are in compliance with the
terms of this License and that the license for the Executable
version does not attempt to limit or
alter the recipient's rights in the Source Code version from
the rights set forth in this License.
If You distribute the Executable version under a different
license You must make it absolutely
clear that any terms which differ from this License are
offered by You alone, not by the Initial
Developer or any Contributor. You hereby agree to
indemnify the Initial Developer and
every Contributor for any liability (excluding any liability arising
from intellectual property claims relating
to the Covered Code) incurred by the Initial Developer or
such Contributor as a result of any
such terms You offer.
3.7 Larger Works. You may create
a Larger Work by combining Covered Code with other code
not governed by the terms of this License
and distribute the Larger Work as a single product. In
such a case, You must make sure the
requirements of this License are fulfilled for the Covered
Code.
4. Inability to Comply Due to Statute or Regulation. If
it is impossible for You to comply with any of
the terms of this License with respect to some or all of the
Covered Code due to statute, judicial order,
or regulation then You must: (a) comply with the terms of this
License to the maximum extent possible;
and (b) describe the limitations and the code they affect. Such
description must be included in the
LEGAL file described in Section 3.4 and must be included with
all
distributions of the Source Code.
Except to the extent prohibited by statute or regulation, such
description must be sufficiently detailed
for a recipient of ordinary skill to be able to understand it.
5. Application of this License. This License applies to
code to which the Initial Developer has
attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1 New Versions. The Storage
Networking Industry Association (the "SNIA") may publish
revised and/or new versions of the License
from time to time. Each version will be given a
distinguishing version number.
6.2 Effect of New Versions. Once
Covered Code has been published under a particular version
of the License, You may always continue
to use it under the terms of that version. You may also
choose to use such Covered Code under
the terms of any subsequent version of the License
published by the SNIA. No one other
than the SNIA has the right to modify the terms applicable
to Covered Code created under this License.
6.3 Derivative Works. If You create
or use a modified version of this License (which you may
only do in order to apply it to code
which is not already Covered Code governed by this License),
You must (a) rename Your license so
that the phrases "Storage Networking Industry
Association," "SNIA," or any confusingly
similar phrase do not appear in your license (except to
note that your license differs from
this License) and (b) otherwise make it clear that Your version
of the license contains terms which
differ from the SNIA Public License. (Filling in the name of
the Initial Developer, Original Code
or Contributor in the notice described in Exhibit A shall not of
themselves be deemed to be modifications
of this License.)
7. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1 This License and the rights
granted hereunder will terminate automatically if You fail to
comply with terms herein and fail to
cure such breach within a reasonable time after becoming
aware of the breach. All sublicenses
to the Covered Code which are properly granted shall
survive any termination of this License.
Provisions which, by their nature, must remain in effect
beyond the termination of this License
shall survive.
8.2 If You initiate litigation
by asserting a patent infringement claim (excluding declaratory
judgment actions) against Initial Developer
or a Contributor (the Initial Developer or Contributor
against whom You file such action is
referred to as "Participant") alleging that:
(a)
such Participant's Contributor Version directly or indirectly infringes
any patent, then
any and
all rights granted by such Participant to You under Sections 2.1 and/or
2.2 of this
License
shall, upon 60 days notice from Participant terminate prospectively, unless
if
within
60 days after receipt of notice You either: (i) agree in writing to pay
Participant a
mutually
agreeable reasonable royalty for Your past and future use of Modifications
made
by such
Participant, or (ii) withdraw Your litigation claim with respect to the
Contributor
Version
against such Participant. If within 60 days of notice, a reasonable royalty
and
payment
arrangement are not mutually agreed upon in writing by the parties or the
litigation
claim is not withdrawn, the rights granted by Participant to You under
Sections
2.1 and/or
2.2 automatically terminate at the expiration of the 60 day notice period
specified
above.
8.3 If You assert a patent infringement
claim against Participant alleging that such Participant's
Contributor Version directly or indirectly
infringes any patent where such claim is resolved (such
as by license or settlement) prior to
the initiation of patent infringement litigation, then the
reasonable value of the licenses granted
by such Participant under Sections 2.1 or 2.2 shall be
taken into account in determining the
amount or value of any payment or license.
8.4 In the event of termination
under Sections 8.1 or 8.2 above, all end user license agreements
(excluding distributors and resellers)
which have been validly granted by You or any distributor
hereunder prior to termination shall
survive termination.
9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS. The Covered Code is a "commercial
item," as that term is
defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
computer software" and "commercial
computer software documentation," as such terms are used in 48
C.F.R. 12.212 (Sept. 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995), all U.S.
Government End Users acquire Covered Code with only those rights
set forth herein.
11. MISCELLANEOUS This License represents the complete
agreement concerning subject matter
hereof. If any provision of this License is held to be unenforceable,
such provision shall be reformed only
to the extent necessary to make it enforceable. This License
shall be governed by California law
provisions (except to the extent applicable law, if any, provides
otherwise), excluding its conflict-of-law
provisions. The application of the United Nations Convention
on Contracts for the International Sale of
Goods is expressly excluded. Any law or regulation which provides
that the language of a contract shall
be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS. As between Initial Developer
and the Contributors, each party is responsible for claims and damages
arising, directly or indirectly, out of its utilization of rights under
this License and You agree to work with Initial Developer and
Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended
or shall be deemed to constitute any
admission of liability.
13. MULTIPLE-LICENSED CODE. Initial Developer may designate
portions of the Covered Code as
"Multiple-Licensed". "Multiple-Licensed" means that the Initial
Developer permits you to utilize portions
of the Covered Code under Your choice of this License or the
alternative licenses, if any, specified by
the Initial Developer in the file described in Exhibit A.
14. ACCEPTANCE. This License is accepted by You if You
retain, use, or distribute the Covered Code
for any purpose.
EXHIBIT A -The SNIA Public License.
The contents
of this file are subject to the SNIA Public License Version 1.0 (the
"License");
you may not use this file except in compliance with the License. You may
obtain
a copy of the License at
/http://www.snia.org/English/Resources/Code/OpenSource.html
Software
distributed under the License is distributed on an "AS IS" basis, WITHOUT
WARRANTY
OF ANY KIND, either express or implied. See the License for the specific
language
governing rights and limitations under the License.
----------------------------
Additional licenses for Linux and other open source programs included
in this software package can be found on the media containing such programs.