LICENSE INFORMATION

The Programs listed below are licensed under the following terms and conditions in addition to those of the International Program License Agreement.

Program Name: IBM Tivoli Performance and Availability Products

Program Number: TivP&A06

Authorization for Use on Home/Portable Computer: 2

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.

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.

Program-unique Terms

1. Tivoli Enhanced Value-Based Pricing Programs

The current list of Tivoli Value-Based Pricing eligible Programs and definitions can be found on the Tivoli Internet at the following URL:http://www.tivoli.com/products/licensing/.

2. Tivoli Enhanced Value-Based Pricing Terms and Conditions

The Tivoli Enhanced Value-Based Pricing model is described in the definitions file located at http://www.tivoli.com/products/licensing/ and describes IBM's charges for your use of Programs eligible under the Tivoli Enhanced Value-Based Pricing model.

You are authorized to use Tivoli Framework to the extent it is required to operate any other eligible Tivoli Enhanced Value-Based Pricing Program.

3. Order of Precedence

The terms of the IBM International Agreement for Acquisition of Programs and Support (IIAAPS), the IBM Agreement for Acquisition of Support (IAAS), the International Passport Advantage Agreement (IPAA), or equivalent agreement take precedence over the Terms in the IPLA. This License Information Document and its referenced documents supersedes and replaces in its entirety any prior License Information Document governing any previously acquired Tivoli Programs that have migrated to the Tivoli Value-Based Pricing Programs.

This License Information Document combined with the applicable IBM agreement (IIAAPS, IAAS, IPAA, IPLA) and order when accepted by IBM, will constitute your Proof of Entitlement.

4. Use of the Program

Programs acquired under this Agreement are for use within your enterprise only and may not be used to provide Tivoli Management Services external to your enterprise without our prior written consent. You may not assign, transfer or otherwise remarket Programs acquired at a discount or allowance.

Tivoli Program offerings may include components, in part or entirety, of other Programs. You are entitled to install, from the media provided with the acquired Program, up to your authorized use, the components as required to directly support the Program. For use of the components other than in direct support of your authorized use of the Program, you must acquire a full use authorization for the component.

Modules created from Tivoli Toolkits are licensed solely for use internally within a customer's enterprise. External Distribution of modules created with Tivoli programs is prohibited.

5. Source Code

Some of the components of the Program may be provided in source code form. Notwithstanding anything to the contrary in this Agreement, Program services are only provided for the unmodified, binary code versions of these components included in the Program packaging, and not for the source code for these components or for any modifications of such components you may create.

6. Additional License Terms for Performance and Availability Products

6.1 DB2 license included with Tivoli Enterprise Data Warehouse

The Program includes the Tivoli Enterprise Data Warehouse ("TEDW"), which includes the IBM DB2 Universal Database and DB2 Warehouse Manager ("the DB2 Components"). You are authorized to install and use one copy of each of the DB2 Components only in connection with your licensed use of the Program. You may only use the DB2 Components to store and manage data relating to the operation or functioning of system management software. You may also extract such stored data from the DB2 Components using other IBM and non-IBM programs; however, the DB2 Components may not be used in support of the manipulation of such data or the performance of any analytical functions on such data (such as data mining, forecasting or predictive modeling); such usage requires full use authorization, which must be acquired separately from IBM.

Tivoli Enterprise Data Warehouse Terms:

This Program includes the Tivoli Enterprise Data Warehouse ("TEDW"). You may not use the TEDW to develop any type of software product, application, or functionality which is intended for external distribution or from which you intend to derive revenue.

6.2 Data Encryption Technology Terms for:

IBM Tivoli Monitoring

IBM Tivoli Monitoring for Databases

IBM Tivoli Monitoring for Applications

IBM Tivoli Monitoring for Web Infrastructure

IBM Tivoli Monitoring for Messaging and Collaboration

IBM Tivoli Monitoring for Business Integration

IBM Tivoli Monitoring for Security and Edge Services

IBM Tivoli Monitoring for Transaction Performance

IBM Tivoli Enterprise Console

IBM Tivoli Business Systems Manager

Tivoli Enterprise Data Warehouse

These Programs contain encryption technology that is subject to special export licensing requirements by the US Department of Commerce. It may also be subject to export and import requirements of other countries. IF YOU DISTRIBUTE ANY COMPONENTS OF THESE PROGRAMS, YOU MUST ABIDE BY ALL APPLICABLE LAWS, RULES AND REGULATIONS REGARDING THE EXPORT OF SUCH CODE. FURTHER, YOU MUST ENSURE THAT ALL USERS WHO RECEIVE THESE PROGRAMS FROM YOU COMPLY WITH THE TERMS OF THIS AGREEMENT.

6.3 DB2 Universal Data Terms

The Programs includes portions of DB2 Universal database. You are authorized to install and use one copy of these components only in association with your licensed use of the Programs for the storage and management of data used and generated by the Programs, and not for other data management purposes. For example, this license does not include inbound connections to the database from other applications for queries or report generation. You are authorized to install and use these components only with and on the same machine as the Program.

7. Program Terms

7.1 Terms only Applicable to IBM Tivoli Monitoring for Business Integration Extension

You may only use the GEM server contained in the Program in conjunction with the IBM Tivoli Manager for Business Integration for the purposes of managing the Business Integration servers on the S/390 platform.

7.2 Terms only Applicable to IBM Tivoli Monitoring for ... Products

IBM Tivoli Monitoring for Applications

IBM Tivoli Monitoring for Business Integration

IBM Tivoli Monitoring for Databases

IBM Tivoli Monitoring for Messaging and Collaboration

IBM Tivoli Monitoring for Security and Edge Services

IBM Tivoli Monitoring for Web Infrastructure

The Program, IBM Tivoli Monitoring for ..., is accompanied by a copy of the IBM Tivoli Monitoring product. IBM Tivoli Monitoring for ... requires the installation of Tivoli Monitoring as a prerequisite. You must separately purchase a license and Proof of Entitlement to use IBM Tivoli Monitoring in conjunction with Tivoli Monitoring for ... . Your use of Tivoli Monitoring shall be subject to the terms and conditions of such separate license and Proof of Entitlement.

7.3 Terms only applicable to IBM Tivoli Enterprise Console

The following third party components provided with the Program may only be used in conjunction with the Program:

This Program also consists of the following components: LotusXSL 1.0.1 and XML for Java XML4J_3_0_0EA3, both of which are voluntary contributions made by many individuals on behalf of the Apache Software Foundation and originally based on software Copyright 1999, International Business Machines, Inc. All Rights Reserved. They are subject to the terms and conditions of the Apache Software License, Version 1.1 below. For more information on the Apache Software Foundation, please see http://www.apache.org/.

7.4 Terms only Applicable to IBM Tivoli Products which include or bundle WebSphere Application (IBM Tivoli Service Level Advisor, IBM Tivoli Site Analyzer, IBM Tivoli Monitoring-Database Extension)

The Program may be accompanied by or include a copy of the WebSphere Application Server product, (WAS). You are entitled to install (on the same machine as each authorized copy of the Program) and use, from the media provided with the Program, one copy of each of the WAS components required to support your licensed use of the particular Program which included or was accompanied by WAS. Your use of the WAS components is limited to use in support of your licensed use of such Program, and is subject to the terms and conditions listed below, notwithstanding any license agreement which may accompany or be included in WAS. The WAS components may not be used for any other purpose.

Due to variations between versions of WAS included with Tivoli products, the following terms may mention components not included in the copy of WAS included with the Program. Terms in the remainder of this Subsection which refer to components not included in a particular copy of WAS do not give you any right to obtain such components.

Notwithstanding anything in this Agreement to the contrary, you are authorized to install and use an unlimited number of copies of the following components of WAS on any of your machines: Distributed Debugger, HTTP Server Plugin, Admin Client, Development Tools.

ENTERPRISE JAVA BEANS CLIENT (EJB Client): Notwithstanding anything in this Agreement to the contrary, you are authorized to install and use an unlimited number of copies of the EJB Client component of WAS on any of your machines. In addition, you may distribute an unlimited number of copies of the EJB Client to any third party provided that for each such copy you must obtain the agreement of the recipient to the terms and conditions of the license agreement provided by IBM in the WAS README file (or in a file referenced by such README file) for your use in distribution of such copies of the EJB Client. As an example, such agreement may be obtained by distributing a self-installing executable for the EJB Client which contains such license agreement and requires the end user's acceptance of such license agreement before installing the EJB Client. You also agree that copies of the EJB Client which you distribute to third parties are unsupported by IBM and are provided on an AS-IS BASIS, WITHOUT WARRANTY OF ANY KIND (EITHER EXPRESS OR IMPLIED) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. You are responsible for all technical assistance for third party recipients of the EJB Client. You agree to indemnify IBM from and against any third party claim arising out of or relating to your distribution or use by such third parties of the EJB Client. Any copies of the EJB Client you distribute must be complete and must not be modified.

The Section above titled "Third Party Code" applies to WAS (as if it were a stand-alone component) in addition to the Program as a whole. In accordance with the section, IBM has provided certain notices and/or information to you in the WAS "readme" file and in the "LICENSE.TXT" file which accompanies WAS.

DB2 UDB COMPONENTS: WAS may include portions of DB2 Universal Database. You are authorized to install and use one copy of these DB2 UDB components ("WebSphere's DB2 Components") for use only in association with your licensed use of the Application Server component of WAS for the storage and management of administrative data used or generated by the Application Server component of WAS, and for use by any copy of Secureway Directory which may accompany WAS as permitted below, but not other data management purposes. For example, this license permits you to store and manage data generated by the System Management component of the Application Server for its Admin Repository (including persistent session management data). This license does not permit inbound connections to WebSphere's DB2 Components from other applications or components (other than from the copy of Secureway Directory which may accompany WAS as permitted below) for queries or report generation. You are authorized to install and use this copy of WebSphere's DB2 Components on the same machine or on a machine separate from the machine on which you have installed the other components of WAS. The copy of Secureway Directory which may accompany WAS also includes portions of the DB2 UDB Components ("Secureway's DB2 Components"). You may use Secureway's DB2 Components as authorized under the terms and conditions of the license for Secureway Directory as specified below under the header "SECUREWAY DIRECTORY". Alternatively, you may use WebSphere's DB2 Components in association with your licensed use of the copy of Secureway Directory which accompanies WAS. The restrictions on types of data stored or managed by WebSphere's DB2 Components for the Application Server component of WAS do not apply to use of WebSphere's DB2 Components by Secureway Directory. You are not permitted, however, to use both WebSphere's DB2 Components and Secureway's DB2 Components with Secureway Directory at the same time. To use WebSphere's DB2 Components or Secureway's DB2 Components for purposes other than those outlined above, you must acquire a separate Proof of Entitlement for a DB2 Universal Database software product which authorizes such use.

SECUREWAY DIRECTORY: WAS may be accompanied by a copy of Secureway Directory. In that case, you are authorized to install and use, from the media provided with WAS, one copy of each of the Secureway Directory components. You are authorized to install and use this copy of the Secureway Directory components on the same machine or on a machine separate from the machine on which you have installed the other components of WAS. Except as modified by this Agreement, your use of the Secureway Directory components is subject to the terms and conditions of the license agreement which accompanies the Secureway Directory components.

IBM HTTP Server: Notwithstanding anything to the contrary in this Agreement, you are authorized to install and use an unlimited number of copies of the IBM HTTP Server component of WAS on any of your machines, provided that only one such copy of IBM HTTP Server will be subject to the representations and warranties of this Agreement and will be eligible for Program Service.

7.5 Terms only Applicable to IBM Tivoli Products which include or bundle Tivoli Presentation Services (IBM Tivoli Business Systems Manager, Tivoli Enterprise Data Warehouse, IBM Service Level Advisor)

You understand and agree that the Program contains software from RSA Data Security, Inc. (_RSA Code_). You may not modify or directly access the RSA Code or its functions, except through the function calls of the Program, which may not be modified.

Limited Use IBM HTTP

The Program is accompanied by a copy of the IBM HTTP Server (IHS). Notwithstanding anything to the contrary in this Agreement, you are authorized to install and use an unlimited number of copies of the IBM HTTP Server component of the Program on any of your machines, provided that only one such copy of IBM HTTP Server will be subject to the representations and warranties of this Agreement and will be eligible for Program Service. Your use of the IHS component is limited to use in support of your licensed use of the Program. The IHS component may not be used for any other purpose.

7.6 Terms only Applicable to IBM Tivoli Business Systems Manager

The Program includes a copy of IBM Object REXX for Windows Interpreter Edition Version 2.1 ("OREXX V2.1"). For each Proof of Entitlement, You are authorized to install and use this OREXX V2.1 on the same processor as the Program, provided that use of OREXX V2.1 is limited solely to use with the Program. You are not licensed to use the OREXX V2.1 for any other purpose unless you acquire a separate license to use it.

7.7 Terms only Applicable to IBM Tivoli Web Site Analyzer

DB2 COMPONENTS: The Program includes portions of DB2 . You are authorized to install and use one copy of these components only in association with your licensed use of " Tivoli Web Site Analyzer V4.2 " for the storage and management of data used and generated by the Program, and not for other data management purposes. For example, this license does not include inbound connections to the database from other applications for queries or report generation. You are authorized to install and use these components only with and on the same workstation as the Program and can be used with the following restrictions:.

You may also extract such stored data from the DB2 Components using other IBM and non-IBM programs; however, the DB2 Components may not be used in support of the manipulation of such data or the performance of any analytical functions on such data (such as data mining, forecasting or predictive modeling); such usage requires full use authorization, which must be acquired separately from IBM. The DB2 component must be accessed directly by Tivoli Web Site Analyzer for query, reporting and analysis; any other use by any other product other than Tivoli Web Site Analyzer (such as OLAP tools) requires the purchase of a full DB2 UDB program.

Your use of the DB2 components is subject to the terms and conditions of the license agreement which accompany the components except as limited in this license. The DB2 components may not be used for any other purpose. Please contact your DB2 Reseller if your needs exceed this license agreement, to obtain a full DB2 UDB program.

IBM Tivoli Performance and Availability Products

Excluded Components

Notwithstanding the terms and conditions of any other agreement you may have with IBM or any of its related or affiliated companies (collectively "IBM"), the following terms and conditions apply to all "Excluded Components" identified below: (a) all Excluded Components are provided on an "AS IS" basis; (b) IBM DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (c) IBM will not be liable to you or indemnify you for any claims related to the Excluded Components; and (d) IBM will not be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages with respect to the Excluded Components.

Third Party Code

The Program and future updates and fixpacks to the Program may contain certain third party components which are provided to you under terms and conditions which are different from this Agreement, or which require IBM to provide you with certain notices and/or information. For each such third party component, either IBM will identify such third party component in a "README" file (or in an updated "README" file accompanying the fixpack or update), or in a file or files referenced in such "README" files (and shall include any associated license agreement, notices and other related information therein), or the third party component will contain or be accompanied by its own license agreement (for example, provided when installing or starting such component, or accompanying such component in a file entitled "README", "COPYING", "LICENSE" or a substantially similar title, or included among the Program's paper documentation, if any). Your use of each third party component which contains or is accompanied by its own license agreement, or for which IBM has identified a license agreement in one of the above "README" files (or in a file or files referenced therein), will be subject to the terms and conditions of such other license agreement, and not this Agreement. By using or not uninstalling such third party components after the initial installation of such third party components (thereby giving you access to the applicable license agreements, notices and information), you acknowledge and agree to all such license agreements, notices and information, including those provided only in the English language. You agree to review any updated "README" files.

D/N: GC23-4482-06

P/N: CT11VML