IMPORTANT: READ CAREFULLY

Two license agreements are presented below.

1. IBM International License Agreement for Evaluation of Programs

2. IBM International Program License Agreement

If Licensee is obtaining the Program for purposes of productive use (other than evaluation, testing, trial "try or buy," or demonstration): By clicking on the "Accept" button below, Licensee accepts the IBM International Program License Agreement, without modification.

If Licensee is obtaining the Program for the purpose of evaluation, testing, trial "try or buy," or demonstration (collectively, an "Evaluation"): By clicking on the "Accept" button below, Licensee accepts both (i) the IBM International License Agreement for Evaluation of Programs (the "Evaluation License"), without modification; and (ii) the IBM International Program License Agreement (the "IPLA"), without modification.

The Evaluation License will apply during the term of Licensee's Evaluation.

The IPLA will automatically apply if Licensee elects to retain the Program after the Evaluation (or obtain additional copies of the Program for use after the Evaluation) by entering into a procurement agreement (e.g., the IBM International Passport Advantage or the IBM Passport Advantage Express agreements).

The Evaluation License and the IPLA are not in effect concurrently; neither modifies the other; and each is independent of the other.

The complete text of each of these two license agreements follow.

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 Evaluation of Programs (i125-5543-06) applies.

Program Name (Program Number):

IBM Developer for z/OS 15.0.9 (Evaluation)

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

Evaluation Period

The evaluation period begins on the date that Licensee agrees to the terms of this Agreement and ends after 90 days.

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.

Program Keys

For Programs which require keys to operate, Licensee may not have more keys to the Program in Licensee's Enterprise than Licensee has entitlements.

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 Program License Agreement (i125-3301-15) applies.

Program Name (Program Number):

IBM Developer for z/OS 15.0.9 (5724-T07)

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

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.

Redistributables

The Program includes components that are Redistributable and they are listed below. Redistributables may be distributed, in object-code form, only as part of Licensee's value-added application that was developed using the Program ("Licensee's Application") and only to support use of Licensee's Application. If the Redistributables include a Java Runtime Environment, Licensee must also include other non-Java Redistributables with Licensee's Application. Licensee may not remove any copyright or notice files contained in the Redistributables or use IBM's, it's suppliers' or distributors' names or trademarks in connection with the marketing of Licensee's Application without IBM's or that supplier's or distributor's prior written consent. Licensee's license agreement with the end user must be at least as protective of IBM as the terms of this Agreement.

IBM, its suppliers and distributors provide the Redistributables and related documentation 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.

The following are Redistributables:

CICS Java class library - JCICS:

- com.ibm.cics.server.jar

- com.ibm.cics.server.pipeline.jar

- com.ibm.record.jar

CICS Web Services:

- common.jar

- common.resources.jar

- ecore.jar

- ecore.change.jar

- dfjbundle.jar

- dfjwsdl.jar

- NamespaceContext.jar

- woden.jar

- wsdl4j.jar

- XmlSchema.jar

- xsd.jar

- xsd.resources.jar

These Redistributables may be found in the following locations:

com.ibm.cics.core.feature

com.ibm.cics.core.feature.nl0

com.ibm.cics.explorer.sdk.web.feature

com.ibm.cics.explorer.sdk.web.feature.nl0

com.ibm.cics.java.feature

com.ibm.cics.java.feature.nl0

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.

For Source Components and Sample Materials listed as Redistributables, Licensee may redistribute modified versions of those Source Components or Sample Materials consistent with the terms of this license and any instructions in the Program's accompanying documentation, if any.

Program Keys

For Programs which require keys to operate, Licensee may not have more keys to the Program in Licensee's Enterprise than Licensee has entitlements.

The following units of measure may apply to Licensee's use of the Program.

Authorized User

Authorized User is a unit of measure by which the Program can be licensed. An Authorized User is a unique person who is given access to the Program. The Program may be installed on any number of computers or servers and each Authorized User may have simultaneous access to any number of instances of the Program at one time. Licensee must obtain separate, dedicated entitlements for each Authorized User given access to the Program in any manner directly or indirectly (for example: via a multiplexing program, device, or application server) through any means. An entitlement for an Authorized User is unique to that Authorized User and may not be shared, nor may it be reassigned other than for the permanent transfer of the Authorized User entitlement to another person.

Any computing device that requests the execution of or receives for execution a set of commands, procedures, or applications from the Program or that is otherwise managed by the Program is considered a separate User of the Program and requires an entitlement as if that device were a person.

Floating User Single Install

Floating User Single Install is a unit of measure by which the Program can be licensed. A Floating User is a person who is accessing the Program at any particular point in time. An Install is an installed copy of the Program on a physical or virtual disk made available to be executed on a computer. The Program may be installed on any number of computers or servers, but if the Floating User simultaneously accesses more than one Install of the Program, the Floating User requires a separate entitlement for each such Install. Licensee must obtain separate entitlements for each Floating User simultaneously accessing the Program on each Install in any manner directly or indirectly (for example: via a multiplexing program, device, or application server) through any means.

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

Multi Product Bundles

The following applies only if Licensee's entitlements are under the Authorized User metric

The Program may be licensed as part of a multi-program offering (for example, a "suite", "bundle", or "workbench"). If Licensee acquires the Program as part of such a multi-program offering, the entitlement is for the whole offering as a unit and does not provide separate entitlements or usage rights for the individual programs included in the multi-program offering. For example, for a multi-program offering licensed by user, different users may not use the individual programs of the multi-program offering

L/N: L-TRDY-AGPGJY

D/N: L-TRDY-AGPGJY

P/N: L-TRDY-AGPGJY



By clicking on I agree, you agree that (1) you have had the opportunity to review the terms of both the IBM and non-IBM licenses presented below and (2) such terms govern this transaction. If you do not agree, click I do not agree.