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 Monitoring Resource Model Builder
Program Number: 5724-C04
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.
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.
The following are Excluded Components:
Ant 1.4.1
Ant Optional Tasks 1.4.1
Tomcat 4.0.3
JUnit 3.7
XML4J 4.0.3
Lucene 1.2 Release Candidate 4
Open Motif for Linux 2.1.30 Release 4
Java Ssh Applet
GTK+ BindingsEclipse.org source code.
HP-UX Runtime Environment for the Java 2 Platform ,
version 1.3.1.05
Sax Basic Engine Enterprise Edition
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 which accompany updates and fixpacks to the Program.
The Program contains the following third party
components:
Ant 1.4.1
Ant Optional Tasks 1.4.1
Tomcat 4.0.3
JUnit 3.7
XML4J 4.0.3
Lucene 1.2 Release Candidate 4
Open Motif for Linux 2.1.30 Release 4
Java Ssh Applet
GTK+ BindingsEclipse.org source code.
HP-UX Runtime Environment for the Java 2 Platform ,
version 1.3.1.05
Sax Basic Engine Enterprise Edition
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. Eclipse Based Code
(1) PORTIONS OF THE PROGRAM ARE BASED ON CODE LICENSED BY
IBM UNDER THE COMMON PUBLIC LICENSE ("CPL") FROM ECLIPSE.ORG.
("ECLIPSE BASED CODE") THE CONTRIBUTORS (AS DEFINED IN THE CPL) OF
SUCH CODE LICENSED BY IBM UNDER THE CPL, HAVE PROVIDED THEIR CONTRIBUTIONS (AS
DEFINED IN THE CPL) TO IBM, AND TO YOU AS PART OF THE ECLIPSE BASED CODE,
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND EITHER EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR
CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IN NO EVENT WILL THE CONTRIBUTORS BE LIABLE FOR ANY LOST
PROFITS, LOST SAVINGS, LOST REVENUE, LOST DATA, OR FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF IBM OR THE CONTRIBUTORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. ANY PROVISIONS IN THE IBM PROGRAM LICENSE
AGREEMENT THAT RELATE TO THE ECLIPSE BASED CODE WHICH DIFFER FROM THE CPL ARE
OFFERED BY IBM ALONE AND NOT BY ANY OTHER PARTY INCLUDING, WITHOUT LIMITATION,
ANY CONTRIBUTOR. YOU MAY DOWNLOAD THE
SOURCE CODE RELATED TO THESE CONTRIBUTIONS FROM THE ECLIPSE.ORG WEB-SITE
(WWW.ECLIPSE.ORG). A COPY OF THE CPL CAN
BE FOUND IN THE CPL/V1.0.HTML FILE THAT IS PART OF THE ECLIPSE BASED CODE
DOWNLOAD.
(2) The Third Party Code identified below is distributed
with but not a part of the Program:
Ant 1.4.1
Ant Optional Tasks 1.4.1
Tomcat 4.0.3
JUnit 3.7
XML4J 4.0.3
Lucene 1.2 Release Candidate 4
Open Motif for Linux 2.1.30 Release 4
Java Ssh Applet
GTK+ BindingsEclipse.org source code
HP-UX Runtime Environment for the Java 2 Platform ,
version 1.3.1.05
(3) The terms and conditions associated with the use of
such Third Party Code (as well as the Eclipse Based Code, except for the HP-UX
Run Time Environment for the Java 2 Platform),
are contained in the associated "about.html" files in the
directories associated with the applicable Third Party Code. The terms and conditions associated with the
use of the HP-UX Runtime Environment for the Java 2 Platform are included in
the "/jre" directory on HP-UX.
D/N: L-SGAN-5KYUQT
P/N: L-SGAN-5KYUQT