LICENSE INFORMATION

Application Development CD

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

Program Name: Application Development CD
Program Number: 5799-XDA
Guarantee: 1
Authorization for Use on Home/Portable Computer: 2
Program Services: None

EXPLANATIONS OF TERMS:

Guarantee:
The Program has a money-back guarantee. If for any reason you are unsatisfied with the Program, you may return it to the party (either IBM or its resellers) from whom you acquired it, to receive a refund of the amount you paid.
"1" means that this Program has a 30 day money-back guarantee.
"2" means that this Program has a 2 month money-back guarantee.

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.

Program Services:

There are no program services available for the Program.

Year 2000 Readiness:

"1" means that this Program does not have date dependencies and is therefore Year 2000 ready.
"2" means that this Program, when used in accordance with its associated documentation, is capable of correctly processing, providing and/or receiving date data within and between the twentieth and twenty-first centuries, provided that all products (for example, hardware, software, and firmware) used with this IBM Program properly exchange accurate date data with it.

Specified Operating Environment

The Program Specifications and Specified Operating Environment information may be found in documentation accompanying the Program such as the Installation/Users Guide.

Program-unique Terms

Base Elements

Operating Environment

Processor/Engine Requirements

IBM PC Server models 500/520/330, R/390, 3006-P01, MP3000 7060-P30, Netfinity 5100 and 4100 series, xSeries 230, 232, 235, and x360 series, ThinkPad A and T series.

Additional Licensing Terms and Conditions

The Program is licensed under the IBM International Agreement for Non-Warranted Programs. In addition, the following terms and conditions govern your use of the Program.

1. You may use the Program only for development, demonstration and support of your software products that are made commercially available and operate on the IBM S/390 or zSeries platforms. You must be and remain a member in good standing of IBM PartnerWorld for Developers and be and remain qualified for zSeries benefits under the applicable terms and conditions of IBM PartnerWorld for Developers.

2. You may not use the Program for any production workloads.

3. You may not share or use the Program on another system. This Program, which is the IBM software provided on the applicable ADCD sets, is authorized for use only on the single designated development system to which it is licensed, being an IBM authorized system obtained through the PartnerWorld for Developer (PWD) Program or the FLEX-ES emulator obtained through a PWD qualified IBM Business Partner.

4. The Program is licensed for a period of twelve (12) months. IBM may, in its sole discretion, grant you an extension of this Agreement if you submit to IBM (i) a product delivery certification; and (ii) a Project Profile documenting your future product plans under your IBM PartnerWorld for Developers membership registration. If you Project Profile is rejected by IBM and/or you fail to submit to IBM a product delivery certification, this Agreement shall terminate, effective immediately, and you must return the Program to IBM. If IBM elects, in its sole discretion, to renew this Agreement license, you agree to pay all applicable license fees as IBM may determine.

5. IBM does not provide program services or technical support for the Program, unless IBM indicates otherwise.

6. The Program is loaned to you and IBM reserves the right, in its sole discretion, to terminate or alter the terms of this Agreement at any time.

Supplemental Licensing Terms and Conditions
Excluded Components

The Program contains software, some of which is provided by third party suppliers to IBM ("Excluded Components"). Notwithstanding the terms of this Agreement or 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 in a "read-me" file in the Program or identified in License Information documents which may be accessed on ADCD License information: (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, incidential, or consequential damages with respect to the Excluded Components. U.S. Government Users Restricted Rights

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