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 POWER10 Functional Simulator version 2 (tool)

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.

Non-Production Limitation

If the Program is designated as "Non-Production", Licensee can only use the Program as part of Licensee's internal development and test environment for internal non-production activities.

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.

Third Party Data and Services

The Program provides access to third party data services, databases, web services, software, or other third party content (all, "Third Party Content"). Access to this Third Party Content is provided "AS-IS", WITH NO WARRANTY OF ANY KIND, 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. Access can be terminated by the relevant third parties at their sole discretion at any time. Licensee may be required to enter into separate agreements with the third parties for the access to or use of such Third Party Content. IBM is not a party to any such separate agreements and as an express condition of this license Licensee agrees to comply with the terms of such separate agreements.

In addition to the above, the following terms apply to Licensee's use of the Program.

IPLA Section 11 Compliance Verification does not apply to this Program.

L/N: L-BTHN-C7G5MA
D/N: L-BTHN-C7G5MA
P/N: L-BTHN-C7G5MA