LICENSE FOR EARLY RELEASE OF JAZZ™ PROGRAMS

Last updated: February 19, 2009

THIS LICENSE FOR EARLY RELEASED PROGRAMS ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU AND IBM. BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE PROGRAM YOU AGREE TO THE TERMS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IN ITS ENGLISH LANGUAGE FORM IS BINDING AND THAT YOU ARE BEING PROVIDED ACCESS TO THIS PROGRAM ON THE CONDITION THAT YOU AGREE TO THE BINDING NATURE OF THESE AND OTHER ENGLISH LANGUAGE TERMS AND CONDITIONS REGARDLESS OF LOCAL LANGUAGE RESTRICTIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS PROGRAM. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS.

Definitions

"Early Release" is a release of a Program that (1) may still be under development (and therefore, is potentially unreliable) or (2) may no longer be under development but has not been made commercially available to users.

"IBM" is International Business Machines Corporation or one of its subsidiaries.

"Program" is one or more of the following, including the original and all whole or partial copies: 1) machine-readable instructions and data, 2) human readable software components, 3) audio-visual content (such as images, text, recordings, or pictures), 4) related licensed materials, 5) license use documents or keys, (6) associated documentation, and (7) any enhancements, updates or materials that IBM may elect in its discretion to provide to You.

"You" and "Your" refer either to an individual person or to a single legal entity.

This Agreement is the complete agreement between You and IBM regarding the use of the Program. It replaces any prior oral or written communications between You and IBM concerning Your use of the Program.

License

The Program is owned by IBM or an IBM supplier, and is copyrighted and licensed, not sold.

IBM grants You a limited, nonexclusive, nontransferable license to download, install, and use the Program during the evaluation period solely for:

1. internal evaluation and demonstration as a tool You will use to develop Your software projects or products;
2. internal evaluation and demonstration as a platform on which You will develop Your extensions to the Program;
3. research where You are a student or faculty member at an accredited educational institution and:
   1. You are studying the use of the Program;
   2. You are using the Program as a platform to develop experimental or prototype tools;
4. external demonstration related to b) and c) above;
5. undertaking academic study at an accredited educational institution where the course curriculum requires the use of the Program.

You may make modifications to the source code (including sample code) provided with the Program for these purposes only. You may not copy or distribute the Program or any portions of it, including modifications. IBM does not recommend use of the Program in a production environment.

This early version of the Program contains technology that is subject to change in future releases of the Program. IBM may change or cancel its plans at any time, so any use by You of the Program is solely at Your own risk. In the event the Program allows You to develop applications, You bear all risk of developing and using such applications. IBM does not warrant or represent that the program will meet your requirements and/or that your applications developed using the Program will be compatible with subsequent versions of the Program, if any. You will indemnify IBM from and against any third party claim arising out of unauthorized use, modification or distribution of the Program or any third party code shipping with the Program.

You will 1) maintain a record of any copies of the Program and 2) ensure that anyone who uses the Program (accessed either locally or remotely) does so only for Your authorized use, and complies with the terms of this Agreement.

You may not: 1) use, copy, modify, transfer or distribute the Program except as provided in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate the Program into human-readable form or into another program language (except as may be specifically permitted by law without the possibility of contractual waiver); 3) sublicense, rent, or lease the Program; 4) use the Program or any information related to the Program to develop software or services that provide the same or similar functionality to the Program; or 5) use the Program on a service-bureau basis.

This license does not entitle You to receive from IBM hard-copy documentation, support, telephone assistance, or enhancements or updates to the Program (collectively, "Support"), although IBM, at its sole discretion may choose to provide such Support. Any enhancements, updates and other materials provided by IBM as part of Support are considered to be part of the Program and therefore governed by this Agreement.

THE PROGRAM OR THE JAZZ.NET WEB SITE MAY CONTAIN A DISABLING DEVICE THAT WILL PREVENT THE PROGRAM FROM BEING USED AFTER THE EVALUATION PERIOD ENDS. YOU MAY NOT TAMPER WITH THIS DISABLING DEVICE OR THE PROGRAM. YOU SHOULD TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT RESULT WHEN THE PROGRAM CAN NO LONGER BE USED.

Term

The evaluation period begins when You agree to the terms of this Agreement and ends upon the earliest of (1) 6 months from date you obtain the Program, (2) the date on which the Program automatically disables itself, or 3) 30 days after the date on which IBM makes the program commercially available. Your license to the Program terminates at the end of the evaluation period, and You will destroy the Program and all copies made of it within 10 days of the end of the evaluation period.

There is no charge for Your use of the Program for the duration of the evaluation period.

IBM may terminate Your license if You fail to comply with the terms of this Agreement. If IBM does so, You must destroy all copies of the Program.

DB2 Express Edition

The Program may include DB2 Express Edition.

Limited use license - DB2 Express Edition: You are authorized to install and use one copy of DB2 Express Edition only in association with your licensed use of the Program for the storage and management of data used and generated by the Program, and not for other data management purposes. This restricted use DB2 Express Edition is to be used only by the internal components of the Program. For example, DB2 Express Edition can be used as a repository for configuration information generated by the Program and cannot be used to build or extend custom applications that store business data; this license does not permit inbound connections to the database from other applications for queries or report generation. You are not authorized to install any separately purchasable features that are available for DB2 unless You purchase a fully licensed version of DB2.

If You use the Program with a separately licensed DB2 Version 9.5 data server, the license terms of that data server apply to your use of that data server.

If your license to the Program expires or is terminated, your limited use license to DB2 Express Edition granted under this Agreement shall terminate at the time of such expiration or termination of your license to the Program.

Contributory License

By sending IBM in any manner any information or material, you grant (or warrant that the owner of such rights has expressly granted) IBM an unrestricted, worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid up, license to use, make, have made, reproduce, display, perform, publish, upload, post, modify, create derivative works from, transmit, distribute, sell, offer for sale and sublicense or otherwise transfer those materials or information or their modifications, and to authorize third parties to do any, some or all of the foregoing including, but not limited to, sublicensing others to do any some or all of the foregoing indefinitely. You represent and warrant that to your knowledge, you have sufficient rights in those materials or information to grant these rights and licenses. You also agree that IBM and its sub-licensees as described above are free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

Further, to the extent that you have made your identify known by posting, uploading, submitting otherwise using the Jazz.net Web site as intended, you give permission to IBM to publicly disclose your name or otherwise publicize the fact that you submitted materials or other information to us, and IBM may do so without the need of further notice to you.

No Warranty

SUBJECT TO STATUTORY WARRANTIES, IF ANY, THAT CANNOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, REGARDING THE PROGRAM OR TECHNICAL SUPPORT, IF ANY.

The exclusion also applies to any of IBM's Program developers and suppliers.

Manufacturers, suppliers, or publishers of non-IBM Programs may provide their own warranties.

Code Included From Third Parties

The Program may contain code from third parties that is being provided to you under the following conditions (&Code&). The list of such Code and any required notices or other important information relating to such Code, including instructions for obtaining source code if applicable, will be posted in Appendix A - List of Code Included From Third Parties.

Notwithstanding any of the terms in this Agreement or any other agreement you may have with IBM:

• the third party suppliers of such Code ("Suppliers") provide the components WITHOUT WARRANTIES OF ANY KIND and, such Suppliers DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE CODE;
• in no event are the Suppliers liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, including but not limited to lost data, lost savings, and lost profits, with respect to the Code and,
• IBM and the Suppliers are not liable to You, and will not defend, indemnify, or hold You harmless for any claims arising from or related to such Code.
• Your use of the Code is governed by the terms of this Agreement and not by any terms that may be contained in the notices. The terms contained in the Agreement are offered by IBM and not by any other party.
• Future Program updates or fixpacks may contain additional Code; related notices and information, if any, will be listed in Appendix A - List of Code Included From Third Parties when the update or fixpack is released.

Separately Licensed Code

The Program may be accompanied by "Separately Licensed Code" which is licensed to you under the terms of the applicable third party license agreement(s). The list of such Separately Licensed Code and the applicable third party license agreement, if any, are posted in Appendix B - List of Separately Licensed Code.

Notwithstanding any of the terms in this Agreement, or any other agreement you may have with IBM:

• the terms of such third party license agreement(s) governs your use of all Separately Licensed Code unless otherwise noted below. You acknowledge that You have read and agree to the license agreements. If you do not agree to the terms of these third party license agreements, You may not use the Separately Licensed Code.
• IBM provides this Separately Licensed Code to You WITHOUT WARRANTIES OF ANY KIND;
• IBM DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SEPARATELY LICENSED CODE;
• IBM is not liable to You, and will not defend, indemnify, or hold You harmless for any claims arising from or related to the Separately Licensed Code; and
• 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, with respect to the Separately Licensed Code.
• Future Program updates or fixpacks may contain additional Separately Licensed Code. Such additional Separately Licensed Code and related licenses will be listed in Appendix B - List of Separately Licensed Code when the update or fixpack is released.

Limitation of Liability

Circumstances may arise where, because of a default on IBM's part or other liability, You are entitled to recover damages from IBM. Regardless of the basis on which You may be entitled to claim damages from IBM, (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM is liable for no more than 1) damages for bodily injury (including death) and damage to real property and tangible personal property and 2) the amount of any other actual direct damages up to a total of U.S. $25,000 (or equivalent in local currency) for all claims in the aggregate. This limitation of liability also applies to IBM's Program developers and suppliers. It is the maximum for which they and IBM are collectively responsible.

UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:

1. LOSS OF, OR DAMAGE TO, DATA;
2. SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR
3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.

General

In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.

You may not export the Program or take any action with respect to the Program that violates applicable export control laws.

You agree to allow International Business Machines Corporation and its subsidiaries to store and use Your business contact information, including names, business phone numbers, and business e-mail addresses, anywhere they do business. Such information will be processed and used in connection with our business relationship; and may be provided to contractors acting on IBM's behalf, IBM Business Partners who promote, market, and support certain IBM products and services, and assignees of International Business Machines Corporation and its subsidiaries, for uses consistent with such business relationship.

Neither You nor IBM will bring a legal action under this Agreement more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation.

Neither You nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control.

This Agreement will not create any right or cause of action for any third party, nor will IBM be responsible for any third party claims against You except, as permitted by the Limitation of Liability section above, for bodily injury (including death) or damage to real or tangible personal property for which IBM is legally liable.

You may not assign this Agreement, in whole or in part, without IBM's prior written consent. Any attempt to do so is void.

This agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Each party waives its rights to a jury trial in any resulting litigation.

U.S. Government Users Restricted Rights - Use, duplication or disclosure restricted by the GSA ADP Schedule Contract with the IBM Corporation.

Appendix A - List of Code Included From Third Parties

Notwithstanding the terms and conditions of any other agreement You may have with IBM or any of its related or affiliated entities (collectively "IBM"), the third party software code identified below are "Code Included From Third Parties" and are subject to the terms and conditions of the license in this agreement and not the license terms that may be contained in the notices below. The notices are provided for informational purposes. The Program may include some or all of the following packages:

Appendix B - List of Separately Licensed Code

The "Separately Licensed Code" identified below is provided to You under terms and conditions that are different from the license in this agreement. Your use of such components or portions thereof is subject to the terms of the associated license agreement provided or referenced in this section and not the terms of the license in this agreement. The Program may include some or all of the following packages:

Appendix C - IBM JRE 5.0 Notices

The IBM JRE 5.0 ("JRE") may be provided to you with the Program. Your use of the JRE is subject to the terms of the license in this agreement and not the license terms that may be contained in the notices below. The notices are provided for informational purposes only.