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 Program License Agreement (i125-3301-15) applies.

Program Name (Program Number):
IBM watsonx Orchestrate Developer Edition (5900-BIM)
IBM watsonx Orchestrate Developer Edition (CC513800)

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

Developer Limitation

If the Program is designated as for "Developers", Licensee can only use the Program 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.

Modifiable Third Party Code

To the extent, if any, in the NOTICES file IBM identifies third party code as "Modifiable Third Party Code," IBM authorizes Licensee to 1) modify the Modifiable Third Party Code and 2) reverse engineer the Program modules that directly interface with the Modifiable Third Party Code provided that it is only for the purpose of debugging Licensee's modifications to such third party code. IBM's service and support obligations, if any, apply only to the unmodified Program.

Separately Licensed Code

Each of the components listed in the NON_IBM_LICENSE file is considered "Separately Licensed Code" 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, and not this Agreement. Future Program updates or fixes may contain additional Separately Licensed Code. Such additional Separately Licensed Code and related licenses are listed in the applicable NON_IBM_LICENSE file that accompanies the Program update or fix. 

Note: Notwithstanding any of the terms in the third party license agreement, the Agreement, or any other agreement Licensee may have with IBM, with respect to the Separately Licensed Code: 
(a) IBM provides it to Licensee WITHOUT WARRANTIES OF ANY KIND AND DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE, AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
(b) 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.

Source Components and Sample Materials

The Program includes components in source code form ("Source Components"), or other materials identified as Sample Materials or both. Licensee may copy and modify Source Components and Sample Materials for internal use only within the limits of the license rights under this Agreement; provided, however, that Licensee may not alter or delete any copyright information or notices contained in the Source Components or Sample Materials. IBM provides the Source Components and Sample Materials without obligation of support and "AS IS", WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

The following units of measure may apply to Licensee's use of the Program.

Install

Install is a unit of measure by which the Program can be licensed. An Install is an installed copy of the Program on a physical or virtual disk made available to be executed on a computer. Licensee must obtain an entitlement for each Install of the Program.

In addition to the above, the following terms apply to Licensee's use of the Program.

Prerequisites

This Program may only be acquired and used if Licensee has a valid entitlement or subscription to an IBM watsonx Orchestrate Cartridge on premise licensed offering, IBM watsonx Orchestrate or IBM watsonx Orchestrate on IBM Cloud, or is on an unexpired trial plan for any of the foregoing offerings.

Supporting Watsonx.ai Runtime on Cloud Instance

To facilitate the non-production development and testing usage of the Program with AI foundation models, the Program leverages an instance of IBM watsonx.ai Runtime on Cloud (the “Supporting watsonx.ai Instance”) at no additional charge.  Licensee’s developer input and related data and Content and any output and responses are shared and processed through that Supporting watsonx.ai Instance.  The Supporting watsonx.ai Instance is provided as a Cloud Service hosted on IBM Cloud.  The Program’s use of that Supporting watsonx.ai Instance and the processing of Licensee’s inputs, outputs and related data and Content through the Supporting watsonx.ai Instance are governed by the following terms: (1) the terms of the Cloud Services Agreement for Licensee’s country location available here: https://www.ibm.com/terms/csa (“CSA”); (2) the “AI Technology Terms” and, to the extent applicable, the “Overriding Terms” of the Service Description for IBM watsonx.ai Runtime on Cloud available at www.ibm.com/terms/?id=i126-6883; and (3) the Data Sheet available at https://www.ibm.com/terms/?id=850D9360405711E5B2E4A36A7B0C4479. This License Information document is a Transaction Document for the purposes of the CSA.  By using the Program to test and develop with the AI foundation models available through the Supporting watsonx.ai Instance, Licensee agrees to those terms, and that the data protection features as set out in the Data Sheet linked above are sufficient to support Licensee’s use of the Supporting watsonx.ai Instance.



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