License Agreement for
Machine Code
You
accept the terms of this IBM License Agreement for Machine Code (“Agreement”)
by your initial use of a Machine that contains Machine Code.
The
term “Machine Code” means microcode, basic input/output system code (called
“BIOS”), utility programs, device drivers, and diagnostics delivered with an
IBM Machine, and may sometimes be referred to as “Licensed Internal Code” or
“LIC” in documentation or on the Machine with which the Machine Code was
delivered. All such code, whether referred to or marked as Machine Code,
Licensed Internal Code or LIC, is subject to this license. Machine Code does
not include programs and code provided under separate license agreements,
including but not limited to open source license agreements. Acceptance of
these license terms authorizes you to use Machine Code with the specific
product for which it is provided.
The
term “Machine” means an IBM machine, its features, conversions, upgrades,
elements or accessories, or any combination of them. A Machine may include
computing resources or capabilities that are to remain inactive, or whose use
is restricted, until the right to access and use the resources or capabilities is
properly acquired for the Machine directly from IBM or through an authorized
IBM reseller (called “Built-in-Capacity”). Examples of such computing resources
and capabilities include but are not limited to processors, memory, storage,
processing capacity identified as interactive processing capacity, and
workload-specific resources or capabilities (such as a specific operating
system, programming language or application to which use of the Machine is
limited).
International
Business Machines Corporation or one of its subsidiaries (collectively “IBM”)
owns copyrights in Machine Code or has the right to license Machine Code. IBM
or a third party owns all copies of Machine Code, including all copies made
from them. IBM licenses Machine Code to only one rightful possessor at a time.
If
you are the rightful possessor of a Machine, IBM grants you a nonexclusive
license to use Machine Code (or any replacement IBM provides) on, or in
conjunction with, only the Machine for which IBM provided it, and only to the
extent of IBM authorizations you have acquired for access to and use of
Built-in-Capacity. If your use of Built-in-Capacity exceeds the IBM
authorizations you have acquired for the Machine, you agree to pay IBM or (if
applicable) an authorized IBM reseller the full price of permanent,
unrestricted use of the Built-in-Capacity at the then current price. You are
not authorized to use such Built-in-Capacity until such payment is made.
Under
each license, IBM authorizes you to do only the following:
1. execute Machine Code to enable the Machine to
function according to its Official Published Specifications (called
“Specifications”).
2. use only the Built-in-Capacity properly acquired for
the Machine directly from IBM or through an authorized IBM reseller;
3. make a reasonable number of copies of Machine Code to
be used solely for backup or archival purposes, provided you reproduce the
copyright notice and any other legend of ownership on any such copies. You may
use the copies only to replace the original, when necessary; and
4. execute and display Machine Code as necessary to
maintain the Machine.
You
agree to acquire any replacement for, or additional copy of, Machine Code
directly from IBM in accordance with IBM’s standard policies and practices. You
also agree to use that Machine Code under these terms.
You
may transfer possession of Machine Code and its media to another party only
with the transfer of the Machine on which that Machine Code is authorized. If
you do so, you agree to 1) destroy all your copies of that Machine Code that
were not provided by IBM, 2) either give the other party all your IBM-provided
copies of Machine Code or destroy them, and 3) give the other party a copy of
these terms and provide all user documentation to that party. IBM licenses the
other party to use Machine Code when that party accepts the terms of this
Agreement. These terms apply to all Machine Code you acquire from any source.
Your
license for Machine Code terminates when you no longer rightfully possess the
associated Machine.
No
other rights are granted under this license.
You
agree to use Machine Code only as authorized above. You may not do, for
example, any of the following:
1. otherwise copy, display, transfer, adapt, modify, or
distribute (electronically or otherwise) Machine Code, except as IBM may
authorize in a Machine’s user documentation or in writing to you;
2. reverse assemble, reverse compile, or otherwise
translate Machine Code, unless expressly permitted by applicable law without
the possibility of contractual waiver;
3. sublicense or assign the license for Machine Code; or
4. lease Machine Code or any copy of it.
Built-in-Capacity
is protected by certain technological measures in Machine Code. You agree to
IBM's implementation of such technological measures to protect
Built-in-Capacity, including measures that may impact availability of data or
performance of your Machine. As a condition of your license to use Machine Code
under this Agreement, you may not circumvent such technological measures, or
use a third party or third party product to do so, or otherwise access or use
unauthorized Built-in-Capacity. In the event IBM determines that changes are
necessary to the technological measures designed to limit access to, or use of,
Built-in-Capacity to that which has been authorized, IBM may provide you with
changes to such technological measures. As a condition of your license to use
Machine Code under this Agreement, you agree, at IBM’s option, to apply or
allow IBM to apply such changes.
If
you obtained Machine Code directly from IBM and an IBM Customer Agreement or
equivalent agreement is in effect between you and IBM (“ICA”), then the terms
of this Agreement are incorporated by reference into that ICA. If no ICA is in
effect, or if you obtained Machine Code from an IBM authorized reseller or
other third party, then the terms of IBM’s Statement of Limited Warranty
are incorporated into this Agreement by reference and apply to any questions or
claims regarding warranty, liability, governing law or jurisdiction for Machine
Code.
If
there is a conflict between the terms of this Agreement and those of the ICA or
those of IBM’s Statement of Limited Warranty, as applicable, the terms of this
Agreement prevail, but only to the extent of such conflict.