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 Non-Warranted Programs (i125-5589-06) applies.

Program Name (Program Number):
IBM WebSphere Application Server Liberty 25.0.0.11 (Component)

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

Components Not Used for Establishing Required Entitlements

Licensee may install and use the following Program components, under the license terms, but these components are not used to determine the number of entitlements required for the Program.
Open Liberty Operator
Runtime Component Operator
WebSphere Liberty Operator

Modifiable Third Party Code

To the extent, if any, in the NOTICES file IBM identifies third party code as "Modifiable Third Party Code," IBM authorizes Licensee to 1) modify the Modifiable Third Party Code and 2) reverse engineer the Program modules that directly interface with the Modifiable Third Party Code provided that it is only for the purpose of debugging Licensee's modifications to such third party code. IBM's service and support obligations, if any, apply only to the unmodified Program.

Separately Licensed Code

Each of the components listed in the NON_IBM_LICENSE file is considered "Separately Licensed Code" 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, and not this Agreement. Future Program updates or fixes may contain additional Separately Licensed Code. Such additional Separately Licensed Code and related licenses are listed in the applicable NON_IBM_LICENSE file that accompanies the Program update or fix. 

Note: Notwithstanding any of the terms in the third party license agreement, the Agreement, or any other agreement Licensee may have with IBM, with respect to the Separately Licensed Code: 
(a) IBM provides it to Licensee WITHOUT WARRANTIES OF ANY KIND AND DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE, AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
(b) 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.

Source Components and Sample Materials

The Program includes components in source code form ("Source Components"), or other materials identified as Sample Materials or both. Licensee may copy and modify Source Components and Sample Materials for internal use only 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.


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D/N: L-YXWG-VAKLW4
P/N: L-YXWG-VAKLW4

