LICENSE INFORMATION

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

Program Name: IBM Pattern Driven Development - Tech Preview # 5
Program Number: Tech Preview

Test Period

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

Confidentiality

Licensee agrees to treat the following as "IBM Confidential Information" regardless of whether they contain restrictive markings indicating the confidential nature thereof or have been identified as IBM Confidential Information prior to disclosure: (a) the Program, (b) any information provided to Licensee by IBM with regard to the Program including, but not limited to, Program related materials such as specifications, plans, trends, strategies, benchmarks, performance characteristics, comparisons and other assessments of the Program, (c) any information related to Licensee's access to the Program including, but not limited to, passwords or other access codes, and (d) all data, feedback, suggestions and/or written materials that Licensee provides to IBM related to the Program. Licensee is authorized to use the IBM Confidential Information for the purpose for which it was disclosed or otherwise for the benefit of IBM. Notwithstanding any other terms of this Agreement, Licensee agrees not to communicate, publish, disseminate or otherwise discuss with or disclose to any third party the IBM Confidential Information (including but not limited to articles, papers or other written materials pertaining to the IBM Confidential Information) prior to IBM making such IBM Confidential Information publicly available without a non-disclosure obligation.

Licensee agrees to use the same care and discretion to avoid disclosure of the IBM Confidential Information as Licensee uses with Licensee's own similar information that Licensee does not wish to disclose, but in no event will such degree of care be less than reasonable care. Licensee's obligations with respect to the IBM Confidential Information will continue for a period of two years from Licensee's receipt of the IBM Confidential Information. Licensee agrees not to disclose to IBM any information that is considered confidential or proprietary to Licensee or any third party except under a signed, separate, written confidential agreement.

Notwithstanding the existence of any confidentiality or other agreement Licensee may have with IBM pertaining to confidential information, the preceding paragraphs will govern the treatment of the IBM Confidential Information.

D/N: L-GVAN-7XBDKZ
P/N: L-GVAN-7XBDKZ