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 Storage Manager
Program Number:  5608-ISM
Authorization for Use on Home/Portable Computer:  You may not copy and use this Program on another computer without paying additional license fees.

Program Name:  IBM Tivoli Storage Manager HSM for Windows
Program Number:  5608-SPM
Authorization for Use on Home/Portable Computer:  You may not copy and use this Program on another computer without paying additional license fees.

Program Name:  IBM Tivoli Storage Manager for Data Retention
Program Number:  5608-TDR
Authorization for Use on Home/Portable Computer:  You may not copy and use this Program on another computer without paying additional license fees.

Program Name:  IBM System Storage Archive Manager
Program Number:  5608-ARM
Authorization for Use on Home/Portable Computer:  You may not copy and use this Program on another computer without paying additional license fees.

Program Name:  IBM Tivoli Storage Manager for Data Retention for z/OS
Program Number:  5608-A25
Authorization for Use on Home/Portable Computer:  You may not copy and use this Program on another computer without paying additional license fees.

Program Name:  IBM Tivoli Storage Manager Extended Edition
Program Number:  5608-ISX
Authorization for Use on Home/Portable Computer:  You may not copy and use this Program on another computer without paying additional license fees.

Program Name:  IBM Tivoli Storage Manager Extended Edition for z/OS
Program Number:  5608A11
Authorization for Use on Home/Portable Computer:  You may not copy and use this Program on another computer without paying additional license fees.

Program Name:  IBM Tivoli Storage Manager for z/OS
Program Number:  5608-A13
Authorization for Use on Home/Portable Computer:  You may not copy and use this Program on another computer without paying additional license fees.

Program Name:  IBM Tivoli Storage Manager for Space Management
Program Number:  5608-HSM
Authorization for Use on Home/Portable Computer:  You may not copy and use this Program on another computer without paying additional license fees.

Program Name:  IBM Tivoli Storage Manager for Mail
Program Number:  5608-APE
Authorization for Use on Home/Portable Computer:  You may not copy and use this Program on another computer without paying additional license fees.

Program Name:  IBM Tivoli Storage Manager for Mail for z/OS
Program Number:  5608-A12
Authorization for Use on Home/Portable Computer:  You may not copy and use this Program on another computer without paying additional license fees.

Program Name:  IBM Tivoli Storage Manager for Databases
Program Number:  5608-APD
Authorization for Use on Home/Portable Computer:  You may not copy and use this Program on another computer without paying additional license fees.

Program Name:  IBM Tivoli Storage Manager for Application Servers
Program Number:  5608-APW
Authorization for Use on Home/Portable Computer:  You may not copy and use this Program on another computer without paying additional license fees.

Program Name:  IBM Tivoli Storage Manager for Hardware
Program Number:  5608-APH
Authorization for Use on Home/Portable Computer:  You may not copy and use this Program on another computer without paying additional license fees.

Program Name:  IBM Tivoli Storage Manager for System Backup and Recovery
Program Number:  5608-SYS
Authorization for Use on Home/Portable Computer:  You may not copy and use this Program on another computer without paying additional license fees.

Program Name:  IBM Tivoli Storage Manager for Enterprise Resource Planning
Program Number:  5608-APR
Authorization for Use on Home/Portable Computer:  You may not copy and use this Program on another computer without paying additional license fees.

Program Name:  IBM Tivoli SANergy
Program Number:  5698-SFS
Authorization for Use on Home/Portable Computer:  You may not copy and use this Program on another computer without paying additional license fees.

Program Name:  IBM Tivoli Storage Manager for Storage Area Networks
Program Number:  5608-SAN
Authorization for Use on Home/Portable Computer:  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

The provisions of this paragraph do not apply to the extent they are held to be invalid or unenforceable under the law that governs this license. The components listed below are "Excluded Components." Notwithstanding any of the terms in the Agreement or any other agreement you may have with IBM:
(a) the third party suppliers of such Excluded Components ("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 EXCLUDED COMPONENTS;
(b) 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 Excluded Components; and,
(c) 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 the Excluded Components.

Notwithstanding these exclusions, in Germany and Austria, IBM's warranty and liability for the Excluded Components is governed only by the respective terms applicable for Germany and Austria in the IBM license agreements.

Notices and important information that IBM is required to provide to You with respect to the Excluded Components, including instructions for obtaining source code for certain Excluded Components, may be found in the NOTICES file(s) that accompanies the Program.

Your use of the Excluded Components is governed by the terms of the Agreement and not by any terms that may be contained in the NOTICES file(s). The terms contained in the Agreement are offered by IBM and not by any other party. Future Program updates or fixpacks may contain additional Excluded Components. Such additional Excluded Components, and related notices and information, if any, will be listed in another NOTICES file that accompanies the Program update or fixpack.

The following are Excluded Components:
Excluded Components for the embedded Eclipse Help System 3.0.1
-Eclipse Help System 3.0.1
-Apache Ant 1.6.2
-SAX
-DOM
-Apache Tomcat 4.1.30
-MX4J
-Lucene 1.4.3
Excluded Components for the embedded IBM WebSphere Application Server - Express ("embedded Application Server - Express") 6.0
-Apache Jakarta Ant V1.5.4
-Apache Commons - Discovery V0.2
-Apache Commons - EL V1.0
-Apache Commons - Logging V1.0.3
-Apache Jakarta JSP Standard Tag Library (JSTL) Code V 1.1
-Apache Jasper V4.0
-Apache Jasper 2 V 1.0
-Apache SOAP V2.3.1
-Apache Web Services Invocation Framework Code (WSIF) V 2.0
-Bean Scripting Framework V2.3
-ICU4J 3.2
-Jython V2.1
-MX4J V 1.1
-UDDI4J V2.0 (Universal Description, Discovery and Integration Registry)
-WSDL4J V1.4 (Webservices Description Language for Java Toolkit)
-Eclipse Modeling Framework (EMF) V2.0
-Hyades 3.0
-XSD V2.0
Excluded Components for the embedded WebSphere Portal V5.1.0.1
-Apache Ant  1.5.4
-Jakarta Commons 1.03
-Apache Log4j 1.2.8  
-Jakarta ORO  2.0.8  
-Jakarta Regexp 1.3 
-Jakarta Struts 1.1 
-UDDI 1.0.3 
-Apache Xalan 2.6.0
-Apache Xerces 2.6.2 
-Logging 1.04

Benchmarking

You may disclose the results of any benchmark test of the Program or its subcomponents to any third party provided that You (A) publicly disclose the complete methodology used in the benchmark test (e.g., hardware and software setup, installation procedure and configuration files), (B) perform Your benchmark testing running the Program in its Specified Operating Environment using the latest applicable updates, patches and fixes available for the Program from IBM or third parties that provide IBM products ("Third Parties"), and (C) follow any and all performance tuning and "best practices" guidance available in the Program's documentation and on IBM's support web sites for the Program. If You publish the results of any benchmark tests for the Program, then notwithstanding anything to the contrary in any agreement between You and IBM or Third Parties, IBM and Third Parties shall have the right to publish the results of benchmark tests with respect to Your products provided IBM or Third Parties complies with the requirements of (A), (B) and (C) above in its testing of Your products.

The above benchmarking terms apply to the following Programs or subcomponents:
The embedded version of IBM WebSphere Application Server - Express component of the Program


Separately Licensed Code

The provisions of this paragraph do not apply to the extent they are held to be invalid or unenforceable under the law that governs this license. Each of the components listed below is considered "Separately Licensed Code". IBM Separately Licensed Code is licensed to you under the terms of the applicable third party license agreement(s) set forth in the NON_IBM_LICENSE file(s) that accompanies the Program. Notwithstanding any of the terms in the 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.

Future Program updates or fixpacks may contain additional Separately Licensed Code. Such additional Separately Licensed Code and related licenses are listed in another NON_IBM_LICENSE file that accompanies the Program update or fixpack. You acknowledge that You have read and agree to the license agreements contained in the NON_IBM_LICENSE file(s). If you do not agree to the terms of these third party license agreements, You may not use the Separately Licensed Code.

For Programs acquired under the International Program License Agreement ("IPLA") or International Program License Agreement for Non Warranted Program ("ILAN") and You are the original licensee of the Program), if you do not agree with the third party license agreements, You may return the Program in accordance with the terms of, and within the specified time frames stated in, the "Money-back Guarantee" section of the IPLA or ILAN IBM Agreement.

Note: Notwithstanding any of the terms in the third party license agreement, the Agreement, or any other agreement you may have with IBM:
(a) IBM provides this Separately Licensed Code to You WITHOUT WARRANTIES OF ANY KIND;
(b) 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;
(c) 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
(d) 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.

Notwithstanding these exclusions, in Germany and Austria, IBM's warranty and liability for the Separately Licensed Code is governed only by the respective terms applicable for Germany and Austria in IBM license agreements.

Note: IBM may provide limited support for some Separately Licensed Code. If such support is available, the details and any additional terms related to such support will be set forth in the License Information document.

Code for embedded Eclipse Help System 3.0.1
-Eclipse Help System 3.0.1
-Apache Ant 1.6.2
-SAX
-DOM
-Apache Tomcat 4.1.30
-MX4J
-Lucene 1.4.3
Third Party Code for the embedded IBM WebSphere Application Server - Express (embedded -Application Server - Express) 6.0
-Apache Jakarta Ant V1.5.4
-Apache Commons - Discovery V0.2
-Apache Commons - EL V1.0
-Apache Commons - Logging V1.0.3
-Apache Jakarta JSP Standard Tag Library (JSTL) Code V 1.1
-Apache Jasper V4.0
-Apache Jasper 2 V 1.0
-Apache SOAP V2.3.1
-Apache Web Services Invocation Framework Code (WSIF) V 2.0
-Bean Scripting Framework V2.3
-ICU4J 3.2
-Jython V2.1
-MX4J V 1.1
-UDDI4J V2.0 (Universal Description, Discovery and Integration Registry)
-WSDL4J V1.4 (Webservices Description Language for Java Toolkit)
-Eclipse Modeling Framework (EMF) V2.0
-Hyades 3.0
-XSD V2.0
Third Party Code for the embedded WebSphere Portal V5.1.0.1
-Apache Ant  1.5.4
-Jakarta Commons 1.03
-Apache Log4j 1.2.8  
-Jakarta ORO  2.0.8  
-Jakarta Regexp 1.3 
-Jakarta Struts 1.1 
-UDDI 1.0.3 
-Apache Xalan 2.6.0
-Apache Xerces 2.6.2 
-Logging 1.04

Program-unique Terms

Special Terms for IBM Integrated Solutions Console Component

The Program includes a version of the IBM Integrated Solutions Console (ISC) component. The ISC component embeds portions of IBM WebSphere Portal. Unless otherwise stated in this LI, you are authorized to use the ISC component, its embedded components, and programming interfaces, only for the purposes of installation, configuration, management and administration of software programs. You may not use ISC embedded components for general web or portlet serving. 

Terms and conditions, notices, and important information for the ISC specific and the embedded Portal core code can be found in the LICENSES.TXT and LICENSE1.TXT files respectively, that are included with the Program or a fixpack or update to the Program.

Special Terms for embedded Application Server - Express

The Program is accompanied by an embedded version of IBM WebSphere Application Server - Express ("embedded Application Server - Express") Your use of the embedded Application Server - Express components is limited to use in support of your licensed use of the Program. The embedded Application Server - Express components may not be used for any other purpose. 

The following paragraphs titled "JAVA CONNECTOR ARCHITECTURE," "DISABLING DEVICE," "MULTIPLE COMPONENT VERSIONS," and "UNLIMITED COPY COMPONENT" apply to your use of the embedded Application Server - Express components, and the term "Express Program" in these paragraphs shall mean the embedded Application Server - Express components.

JAVA CONNECTOR ARCHITECTURE: The Express Program includes Java Connector Architecture (JCA). Your use of the JCA technology is limited to use in conjunction with the Database Connection Pooling function of the Express Program only. The JCA may not be used for any other purpose. 

DISABLING DEVICE: The Express Program may include a disabling device that will prevent certain features from being used. You will not tamper with such disabling device or otherwise change the Express Program.
 
MULTIPLE COMPONENT VERSIONS: The media for the Express Program may include multiple versions of the same Express Program component, such as versions designed for different operating systems and versions translated into different languages. Each Proof of Entitlement for the Express Program authorizes you to use a single version of a Express Program component. You are not authorized to use multiple versions of the same Express Program component under the same Proof Entitlement, even if multiple versions of a component are included on the media for the Express Program.

UNLIMITED COPY COMPONENT: You are authorized to install and use an unlimited number of copies of the Admin Scripting Program component on any of your machines to support your authorized use of the other components of the Express Program.

ADDITIONAL NOTIFICATION:

Notices and important information IBM is required to provide You with respect to the Excluded Components, including instructions for obtaining source code for certain Excluded Components, may be found in one or more of the NOTICES.TXT files that accompanies the Program. This Agreement, and not the license terms contained in such notices, applies to You.

IBM is providing You the Third Party Code under the terms of the applicable third party license agreement set forth in one or more the LICENSE.TXT files that accompanies the Program. Notwithstanding any of the terms in this IBM Agreement, or any other agreement you may have with IBM, the terms of such third party license agreement(s), and not the terms of this IBM Agreement, shall govern your use of the Third Party Code.

Special Terms for Eclipse Code

The following subset of Excluded Components and/or Third Party Code was obtained from the Eclipse Foundation: Ant 1.6.2, Tomcat 4.1.30, SAX 2, DOM, MX4J 1.1.1, Lucene HTML Parcer 1.4.3, Eclipse Help System 3.0 (herein collectively referred to as "Eclipse Code"). Notices and important information, including instructions for obtaining source code, for the Eclipse Code may be found in associated "about.html" files ("About Files") located in a directory for the Eclipse Code. 

THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS APPLY TO THE ECLIPSE HELP SYSTEM 3.0, including its components, WHICH ARE MAINTAINED BY THE ECLIPSE FOUNDATION ITSELF (COLLECTIVELY "ECLIPSE PROJECTS").

THE ECLIPSE PROJECTS WERE LICENSED BY IBM FROM ECLIPSE.ORG UNDER THE TERMS OF THE COMMON PUBLIC LICENSE ("CPL"). THE CONTRIBUTORS (AS DEFINED IN THE CPL) OF THE ECLIPSE HELP SYSTEM HAVE PROVIDED THEIR CONTRIBUTIONS "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 OR OTHER IBM END USER LICENSE THAT RELATE TO THE ECLIPSE PROJECTS WHICH DIFFER FROM THE CPL ARE OFFERED BY IBM ALONE AND NOT BY ANY OTHER PARTY INCLUDING, WITHOUT LIMITATION, ANY CONTRIBUTOR.

Notwithstanding anything to the contrary in the About Files, the following licenses apply to your use of the Eclipse Code and Eclipse Project:

* Your use of the object code for any Eclipse Code is governed by the terms of this end user license agreement unless otherwise set forth above, subject to the Excluded Components provision(s).

Instructions for incorporating IBM Eclipse Help System V3.0.1 Program Unique Terms into your End-User Agreement can be found at http://w3-03.ibm.com/ux/site.nsf/u/publish/727

Special Terms for Cloudscape Component

The IBM Cloudscape or any Cloudscape components are provided and licensed for limited use solely in support of your licensed use of the Program. The embedded IBM Cloudscape components may not be used apart from the Program, or for any other purpose, or in support of any other programs. If you wish to license IBM Cloudscape for any use beyond the limits of this license contact an IBM Sales Representative to obtain the appropriate licenses.



D/N:  GC23-4478-09
P/N:  L-NSTL-6FUMWX 