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LICENSE INFORMATION

The Programs listed below are licensed under the following License Information terms and conditions in addition to the Program license terms previously agreed to by Client and IBM. If Client does not have previously agreed to license terms in effect for the Program, the International License Agreement for Non-Warranted Programs (Z125-5589-05) applies.

Program Name (Program Number):

IBM Cloud Pak for Automation 19.0.2 for Developers (5737-I23)

The following standard terms apply to Licensee's use of the Program.

Prohibited Uses

Licensee may not use or authorize others to use the Program if failure of the Program could lead to death, bodily injury, or property or environmental damage.

Developer Limitation

If the Program is designated as for "Developers", the Program can only be deployed as part of Licensee's internal development and unit testing on a developer machine. A developer machine is a physical or virtual desktop environment, running a primary operating system and the Program, both of which are accessible and used by no more than one specified developer. Licensee is not authorized to use the Program for processing production workloads, simulating production workloads or testing scalability of any code, application or system. Licensee is not authorized to use any part of the Program for any other purposes without acquiring the appropriate production entitlements.

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 Licensee 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 Licensee may have with IBM, the terms of such third party license agreement(s) governs Licensee's use of all Separately Licensed Code unless otherwise noted below.

Future Program updates or fixes 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 fix. Licensee acknowledges that Licensee has read and agrees to the license agreements contained in the NON_IBM_LICENSE file(s). If Licensee does not agree to the terms of these third party license agreements, Licensee 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 Licensee is the original licensee of the Program, if Licensee does not agree with the third party license agreements, Licensee 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 Licensee may have with IBM:

(a) IBM provides this Separately Licensed Code to Licensee 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 Licensee, and will not defend, indemnify, or hold Licensee 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.

The following are Separately Licensed Code:

OpenJDK 8

MongoDB 4.0.9

Ghostscript 9.0.7

stunnel 4.56

Ansible 2.7.10

Collectd 5.8.1

epel-release 7

libgcrypt-devel 1.5.3

sensible-utls 0.0.12

syslog-ng 3.5.6

yum-plugin-gastertmirrow 1.1.31

Red Hat Universal Base Image 7 and 8

Technology Preview Code

Technology Preview Code (TPC) may be included or distributed with the Program or updates to it but are not part of the Program. TPC is licensed under the same terms as the Program, except as provided below. TPC will be identified as such in the Notices File (or in an updated Notices File accompanying the updates). Some or all of the TPC may not be made generally available by IBM as or in a product. Licensee is permitted to use TPC only for internal use for evaluation purposes and not for use in a production environment. The Notices File may limit this evaluation use to an evaluation period. If so, at the end of such evaluation period Licensee must cease using and uninstall the TPC. IBM provides the TPC without obligation of support and "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE AND ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Licensee may not transfer TPC to another party except as a transfer accompanying the Program. TPC may contain a disabling device that will prevent it from being used after the evaluation period ends. Licensee will not tamper with this disabling device or the TPC. Licensee should take precautions to avoid any loss of data that might result when the TPC can no longer be used.

Licensee assigns to IBM all right, title, and interest (including ownership of copyright) in any data, suggestions, or written materials that 1) are related to the Technology Preview Code and 2) Licensee provides to IBM. Upon IBM's request, Licensee will sign additional documents necessary to assign such rights. In addition to the foregoing, Licensee grants to IBM a non-exclusive, irrevocable, unrestricted, worldwide and paid-up right and license to a) include in any product or service any idea, know-how, concept, technique, invention, discovery or improvement, whether or not patentable, that Licensee provides to IBM related to the Technology Preview Code b) use, manufacture and market any such product or service, and c) allow others to do any of the foregoing.

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 Technology Preview Code, (b) any information provided to Licensee by IBM with regard to the Technology Preview Code including, but not limited to, related materials such as specifications, plans, trends, strategies, benchmarks, performance characteristics, comparisons and other assessments of the Technology Preview Code, (c) any information related to Licensee's access to the Technology Preview Code 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 Technology Preview Code. 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. Notwithstanding the above, Licensee does not have a confidentiality obligation to Technology Preview Code identified in the Notices File as non-confidential.

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.

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