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 (Z125-5589-05) applies.
Program Name (Program Number):
IBM WebSphere Application Server Liberty 21.0.0.10
(Component)
The following standard terms apply to Licensee's use of the
Program.
Limited use right
With the exception of Bundled Programs, all IBM software
provided to Licensee with the Program can only be used to support
Licensee's use of the Principal Program under this License Information
document, which means such use must be directly related to a licensed
use of the Principal Program.
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.
Prohibited Uses
Licensee may not use or authorize others to use the Program
if failure of the Program could lead to death, bodily injury,
or property or environmental damage.
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
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.
L/N: L-CTUR-C6NHC4
D/N: L-CTUR-C6NHC4
P/N: L-CTUR-C6NHC4