The Programs listed below are licensed under the following terms and conditions in addition to those of the International Program License Agreement.
Program Name: WebSphere MQ for Windows, Version 5.3
Program Number: 5724-B41
Authorization for Use on Home/Portable Computer: 2
Program Services End Date: 2004/12/31
EXPLANATIONS 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.
If for any reason you are dissatisfied with the Program, return it within 30 days from the invoice date, to the party (either IBM or its reseller) from whom you acquired it, for a refund. This applies only to your first acquisition of the Program.
Specified Operating Environment
The Program's specifications and specified operating environment information may be found in documentation accompanying the Program, if available, such as a read-me file, or other information published by IBM, such as an announcement letter.
For this Program, the Program license Charge Unit is based on the number of processors by server. License Units are available in units of one (1), and are required for EVERY machine on which the server component contained in the Program's media package is installed (with the exception of the client components or sample programs). No separate server authorization is required.
The number of License Units required for use of the Program on any machine is based on the number of Symmetrical Multiprocessors (SMP) in the machine, or for iSeries on the processor group. For products which include this license text, the term "License Unit" should be read to mean "Capacity Unit". The requirements for Capacity Units are as per the following tables:
UNIX and Intel* Servers
Description Total Capacity Units Required
- Intel* Uniprocessor machines 2
- Intel 2-way SMP machines and RISC 1-2 processors per
box/Symmetrical Processor (SP) node 4
- Intel/RISC 3-8 processors per box/SP node 8
- Intel/RISC 9-23 processors per box/SP node 16
- Intel/RISC 24 or more processors per box/SP node 30
* Intel machines include compatible processors such as Cyrix and AMD.
(Intel is a trademark of Intel Corporation in the United States, other countries, or both.)
IBM iSeries Servers
Description Total Capacity Units Required
- iSeries processor group P05 2
- iSeries processor groups P10 and P20 4
- iSeries processor groups P30 and P40 8
- iSeries processor group P50 16
- iSeries processor group P60 30
Users who upgrade within the same processor group from an earlier release or version of the Program (which was previously known as "MQSeries") using Passport Advantage do not need to order any additional capacity units.
To upgrade otherwise than within the same processor group from an earlier release or version of the Program using Passport Advantage, users may use their existing Capacity Units, and then acquire additional Capacity Units (if necessary) to satisfy the requirements of the appropriate table. Any "spare" Capacity Units may be used towards other Program entitlement, but are not refundable.
Users should retain their original product and Capacity Units as Proof of Entitlement.
Use of Hewlett Packard Java RTE V1.3 (for HP-UX only)
The HP-UX version of the Program includes a Java Runtime Environment ("RTE") supplied by Hewlett Packard ("HP"). Any use of the HP RTE is subject to the HP software licensing and warranty terms set out immediately below. Users of the Program will be asked to indicate their acceptance of the HP license and warranty terms below, when installing the Program.
If the HP license and warranty terms are not acceptable, then you should return the Program immediately to your supplier, for a full refund of any money paid by you for it.
HEWLETT PACKARD SOFTWARE LICENSE TERMS
The following terms govern your use of the Software unless you have a separate written agreement with HP.
HP grants you a license to Use one copy of the Software. "Use" means storing, loading, installing, executing or displaying the Software. You may not modify the Software or disable any licensing or control features of the Software. If the Software is licensed for "concurrent use", you may not allow more than the maximum number of authorized users to Use the Software concurrently.
The Software is owned and copyrighted by HP or its third party suppliers. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. HP's third party suppliers may protect their rights in the event of any violation of these License Terms.
Copies and Adaptations
You may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized Use of the Software. You must reproduce all copyright notices in the original Software on all copies or adaptations. You may not copy the Software onto any bulletin board or similar system.
No Disassembly or Decryption
You may not disassemble or decompile the Software unless HP's prior written consent is obtained. In some jurisdictions, HP's consent may not be required for disassembly or decompilation. Upon request, you will provide HP with reasonably detailed information regarding any disassembly or decompilation. You may not decrypt the Software unless decryption is a necessary part of the operation of the Software.
Your license will automatically terminate upon any transfer of the Software. Upon transfer, you must deliver the Software, including any copies and related documentation, to the transferee. The transferee must accept these License Terms as a condition to the transfer.
HP may terminate your license upon notice for failure to comply with any of these License Terms. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions in any form.
You may not export or re-export this software or any copy or adaptation in violation of any applicable laws or regulations. This software or any copy or adaptation may not be exported, re-exported or transferred to or within countries under U.S. economic embargo including the following countries: Afghanistan (Taliban-controlled areas), Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan and Syria. This list is subject to change.
This software or any copy or adaptation may not be exported, reexported or transferred to persons or entities listed on the U.S. Department of Commerce Denied Parties List or on any U.S. Treasury Department Designated Nationals exclusion list, or to any party directly or indirectly involved in the development or production of nuclear, chemical, biological weapons or related missile technology programs as specified in the U.S. Export Administration Regulations (15 CFR 730).
U.S. Government Restricted Rights
The Software and any accompanying documentation have been developed entirely at private expense. They are delivered and licensed as "commercial computer software" as defined in DFARS 252.227-7013 (Oct 1988), DFARS 252.211-7015 (May 1991) or DFARS 252.227-7014 (Jun 1995), as a "commercial item" as defined in FAR2.101(a), or as "Restricted computer software" as defined in FAR 52.227-19 (Jun 1987)(or any equivalent agency regulation or contract clause), whichever is applicable. You have only those rights provided for such Software and any accompanying documentation by the applicable FAR or DFARS clause or the HP standard software agreement for the product involved.
License to Distribute HP-UX Runtime Environment for Java (tm). You are granted a royalty-free right to reproduce and distribute the HP-UX Runtime Environment for Java provided that you distribute the HP-UX Runtime Environment for Java complete and unmodified, only as a part of, and for the sole purpose of running your Java compatible applet or application ("Program") into which the HP-UX Runtime Environment for Java is incorporated.
Java Platform Interface. Licensee may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that Licensee creates any Java-related API and distributes such API to others for applet or application development, Licensee must promptly publish broadly, an accurate specification for such API for free use by all developers of Java-based software.
You acknowledge the Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation, or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. HP disclaims any express or implied warranty of fitness for such uses.
You may make the HP-UX Runtime Environment for Java accessible to application programs developed by you provided that the programs allow such access only through the Invocation Interface specified and provided that you shall not expose or document other interfaces that permit access to such HP-UX Runtime Environment for Java. You shall not be restricted hereunder from exposing or documenting interfaces to software components that use or access the HP-UX Runtime Environment for Java.
HEWLETT PACKARD WARRANTY STATEMENT
DURATION OF LIMITED WARRANTY: 90 DAYS
HP warrants to you, the end customer, that HP hardware, accessories, and supplies will be free from defects in materials and workmanship after the date of purchase for the period specified above. If HP receives notice of such defects during the warranty period, HP will, at its option, either repair or replace products which prove to be defective. Replacement products may be either new or equivalent in performance to new.
HP warrants to you that HP Software will not fail to execute its programming instructions after the date of purchase, for the period specified above, due to defects in materials and workmanship when properly installed and used. If HP receives notice of such defects during the warranty period, HP will replace Software which does not execute its programming instructions due to such defects.
HP does not warrant that the operation of HP products will be uninterrupted or error free. If HP is unable, within a reasonable time, to repair or replace any product to a condition warranted, you will be entitled to a refund of the purchase price upon prompt return of the product. Alternatively, in the case of HP Software, you will be entitled to a refund of the purchase price upon prompt delivery to HP of written notice from you confirming destruction of the HP Software, together with all copies, adaptations, and merged portions in any form.
HP products may contain remanufactured parts equivalent to new in performance or may have been subject to incidental use.
Warranty does not apply to defects resulting from: (a) improper or inadequate maintenance or calibration; (b) software, interfacing, parts or supplies not supplied by HP, (c) unauthorized modification or misuse; (d) operation outside of the published environmental specifications for the product, or (e) improper site preparation or maintenance.
TO THE EXTENT ALLOWED BY LOCAL LAW, THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO OTHER WARRANTY OR CONDITION, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED AND HP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. Some countries, states, or provinces do not allow limitations on the duration of an implied warranty, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights and you might also have other rights that vary from country to country, state to state, or province to province.
TO THE EXTENT ALLOWED BY LOCAL LAW, THE REMEDIES IN THIS WARRANTY STATEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL HP OR ITS SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT OR DATA), OR OTHER DAMAGE, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. Some countries, states, or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
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.