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 Spectrum Virtualize for Public Cloud 8.4.3.0 (5737-F08)
IBM Spectrum Virtualize for Public Cloud with 1 year S&S 8.4.3.0 (5641-PB1)
IBM Spectrum Virtualize for Public Cloud with 2 years S&S 8.4.3.0 (5641-PB2)
IBM Spectrum Virtualize for Public Cloud with 3 years S&S 8.4.3.0 (5641-PB3)
IBM Spectrum Virtualize for Public Cloud with 4 years S&S 8.4.3.0 (5641-PB4)
IBM Spectrum Virtualize for Public Cloud with 5 years S&S 8.4.3.0 (5641-PB5)
The following standard terms apply to Licensee's use of the 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.
The following units of measure may apply to Licensee's use of the Program.
Terabyte
Terabyte is a unit of measure by which the Program can be licensed. A Terabyte is 2 to the 40th power bytes.
Licensee must obtain an entitlement for each Terabyte available to the Program.
Instead of the entitlements required for the Program directly, Licensee must obtain Terabyte entitlements for
this Program sufficient to cover the Terabytes managed by the Program.
IBM Spectrum Virtualize for Public Cloud 8.4.3.0 Page 4
In addition to the above, the following terms apply to Licensee's use of the Program.
Commercial Hosting Services
Notwithstanding anything to the contrary in this Agreement, Licensee may use the Program to provide
Commercial Hosting Services to its end-user customers ("End Users"), up to Licensee's Authorized Use.
Commercial Hosting Services, for purposes of this Agreement, are defined as processing, storage, networks, and
other fundamental computing resources, provided to single or multiple End Users. Licensee may sublicense the
Program to End Users solely for the purpose of utilizing Licensee's Commercial Hosting Services. The terms of
any such sublicense shall be substantially similar to those of the IBM International Program License Agreement
(IPLA), including third party notices; provided that, Licensee may not grant its End Users the right to transfer,
sublicense, rent or lease the Program. Furthermore, (i) each End User's license must terminate upon any
termination of IBM's license to Licensee, (ii) Licensee must include IBM as a third party beneficiary of Licensee's
agreement with End User, and (iii) Licensee must indemnify and hold IBM, its suppliers and distributors
harmless from and against any claim arising out of End User's use of Licensee's Commercial Hosting Services.
L/N: L-SVGY-C6MTAD
D/N: L-SVGY-C6MTAD
P/N: L-SVGY-C6MTAD
© Copyright International Business Machines Corporation 2021.
US Government Users Restricted Rights – Use, duplication or disclosure restricted by GSA ADP Schedule Contract with IBM Corp.
International Program License Agreement
International Program License Agreement
Part 1 - General Terms
BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, CLICKING ON AN "ACCEPT" BUTTON, OR
OTHERWISE USING THE PROGRAM, LICENSEE AGREES TO THE TERMS OF THIS AGREEMENT. IF YOU ARE
ACCEPTING THESE TERMS ON BEHALF OF LICENSEE, YOU REPRESENT THAT YOU HAVE FULL AUTHORITY TO
BIND LICENSEE TO THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS OR DO NOT HAVE AUTHORITY: i) DO NOT DOWNLOAD, INSTALL,
COPY, ACCESS, CLICK ON AN "ACCEPT" BUTTON, OR USE THE PROGRAM; AND ii) PROMPTLY RETURN THE
UNUSED MEDIA, DOCUMENTATION, AND PROOF OF ENTITLEMENT TO THE PARTY FROM WHOM IT WAS
OBTAINED FOR A REFUND OF THE AMOUNT PAID. IF THE PROGRAM WAS DOWNLOADED, DESTROY ALL
COPIES OF THE PROGRAM.
This International Program License Agreement (IPLA) and applicable Transaction Documents (together the
"Agreement") are the complete agreement between Licensee and IBM regarding the use of a Program. The
country required terms included in Part 2 of this IPLA replace or modify the terms of Part 1.
Transaction Documents (TDs) provide a description, information, and terms regarding the Program and its
authorized use. Examples of TDs for Programs include license information (LI), licensed program specifications
(LPS), quote, proof of entitlement (PoE), or invoice. To the extent of any conflict a TD will prevail over the IPLA.
1. Program License
a. A Program is an executable IBM-branded computer program and its related material and includes whole and
partial copies. Program details are described in a TD available at http://www.ibm.com/software/sla (for
Passport Advantage Programs) or http://www.ibm.com/support/knowledgecenter (for other IBM Programs), in
the Program's system command directory, or as otherwise specified by IBM. IBM software policies (such as
backup, temporary use and IBM approved cloud environment) available at
http://www.ibm.com/softwarepolicies apply to Licensee's use of Programs.
b. Copies of Programs are copyrighted and licensed.
c. Licensee is granted a nonexclusive license to:
(1) use each copy of a Program, subject to the terms of the Agreement and up to the number of license
entitlements Licensee acquires ("Authorized Use");
(2) make and install copies to support such Authorized Use; and
(3) make a backup copy.
d. Programs may be used by Licensee, its employees and contractors. Licensee may not rent or lease a Program
or provide commercial IT, hosting or timesharing services to any third party. Additional rights may be available
for additional fees or under different terms.
International Program License Agreement - i125-3301-15 Page 6
e. The license granted for a Program is subject to Licensee:
(1) reproducing copyright notices and other markings on any copy;
(2) ensuring anyone who uses the Program: i) does so only on Licensee's behalf within Licensee's Authorized
Use; and ii) complies with this Agreement;
(3) not reverse assembling, reverse compiling, translating, or reverse engineering the Program, except as
expressly permitted by law without the possibility of contractual waiver; and
(4) not using any of the elements of the Program or related licensed materials separately from the Program.
f. If the TD for a Program ("Principal Program") states that a "Supporting Program" is included with the Principal
Program, Licensee may use the Supporting Program subject to any license limitations of the Principal Program
and only to support the Principal Program.
g. This license applies to each copy of the Program that Licensee makes.
h. An update, fix, or patch to a Program is subject to the terms governing the Program unless new terms are
provided in an updated TD. Licensee accepts such new terms upon installation of the update, fix, or patch. If a
Program is replaced by an update, Licensee agrees to promptly discontinue use of the replaced Program.
i. If Licensee is dissatisfied with a Program for any reason, Licensee may terminate the license by returning the
Program and proof of entitlement to IBM or the authorized IBM Business Partner within 30 days of the original
acquisition date of such Program for a refund of the amount paid. For a downloaded Program, contact the party
Licensee acquired the Program from for refund instructions.
2. Warranties
a. IBM warrants that a Program, when used in its specified operating environment conforms to its specifications.
The warranty period for a Program is 12 months from acquisition, or the initial license term if less than 12
months, unless another warranty period is specified in the TD.
b. During the warranty period Licensee will have access to IBM databases containing information on known
Program defects, defect corrections, restrictions, and bypasses as described in the IBM Support Guide at
http://www.ibm.com/support/pages/node/733923.
c. If the Program does not function as warranted during its warranty period and the problem cannot be resolved
with information available in the IBM databases, Licensee may return the Program and proof of entitlement to
IBM or the IBM Business Partner for a refund of the amount Licensee paid and Licensee's license terminates.
d. IBM does not warrant uninterrupted or error-free operation of an IBM Program or that IBM will correct all
defects or prevent third party disruptions. These warranties are the exclusive warranties from IBM and replace
all other warranties, including the implied warranties or conditions of satisfactory quality, merchantability, noninfringement,
and fitness for a particular purpose. IBM warranties will not apply if there has been misuse,
modification, damage not caused by IBM, or failure to comply with written instructions provided by IBM. Non-
IBM Programs are provided as-is, without warranties of any kind. Third parties may provide their own warranties
to Licensee.
e. Additional support available during or after the warranty period may be available under separate agreement.
3. Charges, Taxes, Payment, and Verification
International Program License Agreement - i125-3301-15 Page 7
a. Licensee's right to use a Program is contingent on Licensee paying applicable charges as specified in the
agreement under which Licensee acquired the license entitlements. Licensee is responsible to acquire
additional license entitlements in advance of any increase of its use.
b. Licensee agrees to pay all applicable charges for acquired entitlements and any charges for use in excess of
authorizations. Charges are exclusive of any customs or other duty, tax, and similar levies imposed by any
authority resulting from Licensee's acquisition of entitlements and will be invoiced in addition to such charges.
Amounts are due upon receipt of the invoice from IBM and payable within 30 days of the invoice date to an
account specified by IBM and late payment fees may apply. Licensee is responsible to properly acquire
additional license entitlements in advance to increase its use. IBM does not give credits or refunds for charges
already due or paid, except as specified elsewhere in this IPLA, the applicable TD, or terms of the agreement
under which Licensee acquired license entitlements.
c. Based on acquired entitlements, Licensee agrees to: i) pay any withholding tax directly to the appropriate
government entity where required by law; ii) furnish a tax certificate evidencing such payment to IBM; iii) pay
IBM only the net proceeds after tax; and iv) fully cooperate with IBM in seeking a waiver or reduction of such
taxes and promptly complete and file all relevant documents.
d. If Licensee imports, exports, transfers, accesses, or uses a Program across a border, Licensee agrees to be
responsible for and pay authorities any custom, duty, tax, or similar levy assessed by the authorities. This
excludes those taxes based on IBM's net income.
3.1 Licensing Verification
a. Licensee will, for all Programs at all sites and for all environments, create, retain, and each year provide to
IBM upon request with 30 days' advance notice: i) a report, in a format requested by IBM using records, system
tools output, and other system information; and ii) supporting documentation (collectively, "Deployment Data").
b. Upon reasonable notice, IBM and its independent auditors may verify Licensee's compliance with this
Agreement, at all sites and for all environments, in which Licensee uses (for any purposes) Programs.
Verification will be conducted in a manner that minimizes disruption to Licensee's business and may be
conducted on Licensee's premises, during normal business hours. IBM will have a written confidentiality
agreement with the independent auditor. In addition to providing Deployment Data described above, Licensee
agrees to provide to IBM and its auditors additional accurate information and Deployment Data upon request.
c. Licensee will promptly order and pay charges at IBM's then current rates associated with: i) any deployments
in excess of authorizations indicated on or by any annual report or verification; ii) applicable subscription &
support services (S&S) for such excess deployments for the lesser of the duration of such excess use or two
years; and iii) any additional charges and other liabilities determined as a result of such verification, including
but not limited to taxes, duties, and regulatory fees.
4. Liability and Intellectual Property Protection
a. IBM's entire liability for all claims related to this Agreement will not exceed the amount of any actual direct
damages incurred by Licensee up to the amounts paid (if recurring charges, up to 12 months' charges apply) for
the entitlements to the Program that is the subject of the claim, regardless of the basis of the claim. IBM will not
be liable for special, incidental, exemplary, indirect, or economic consequential damages, or for lost profits,
business, value, revenue, goodwill, or anticipated savings. These limitations apply collectively to IBM, its
affiliates, contractors, and suppliers.
b. The following amounts are not subject to the above cap: i) third party payments related to infringement claims
described in clause 4 c below; and ii) damages that cannot be limited under applicable law.
International Program License Agreement - i125-3301-15 Page 8
c. If a third party asserts a claim against Licensee that an IBM Program infringes a patent or copyright, IBM will
defend Licensee against that claim and pay amounts finally awarded by a court against Licensee or included in a
settlement approved by IBM. To obtain IBM's defense against and payment of infringement claims, Licensee
must promptly: i) notify IBM in writing of the claim; ii) supply information requested by IBM; and iii) allow IBM to
control, and reasonably cooperate in, the defense and settlement, including mitigation efforts. IBM's defense
and payment obligations for infringement claims extend to claims of infringement based on open source code
that IBM selects and embeds in an IBM Program.
d. IBM has no responsibility for claims based on non-IBM products, items not provided by IBM, or any violation
of law or third party rights caused by Content, or any Licensee materials, designs, specifications, or use of a noncurrent
version or release of an IBM Program when an infringement claim could have been avoided by using a
current version or release. Content consists of all data, software, and information that Licensee or its authorized
users provide, authorize access to, or inputs to a Program.
5. Termination
a. IBM may terminate Licensee's license to use a Program if Licensee fails to comply with the IPLA, TDs or
acquisition agreements, such as the International Passport Advantage Agreement (IPAA). Licensee will
promptly destroy all copies of the Program after license termination. Any terms that by their nature extend
beyond the termination remain in effect until fulfilled and apply to successors and assignees.
6. Governing Laws and Geographic Scope
a. Both parties agree to the application of the laws of the country where the transaction for license entitlements
is performed, without regard to conflict of law principles. The rights and obligations of each party are valid only
in the country where the transaction to acquire license entitlements is performed or, if IBM agrees, the country
where the Program is placed in productive use, except all licenses are valid as specifically granted.
b. Each party is also responsible for complying with: i) laws and regulations applicable to its business and
Content; and ii) import, export and economic sanction laws and regulations, including the defense trade control
regime of the United States of America and any applicable jurisdictions, that prohibit or restrict the import,
export, re-export, or transfer of products, technology, services or data, directly or indirectly, to or for certain
countries, end uses or end users.
c. If any provision of this Agreement for a Program, is invalid or unenforceable, the remaining provisions remain
in full force and effect. Nothing in this Agreement affects statutory rights of consumers that cannot be waived or
limited by contract. The United Nations Convention on Contracts for the International Sale of Goods does not
apply to transactions under this Agreement.
7. General
a. IBM is an independent contractor, not Licensee's agent, joint venturer, partner, or fiduciary, and does not
undertake to perform any of Licensee's regulatory obligations, or assume any responsibility for Licensee's
business or operations. Licensee is responsible for its use of IBM Programs and Non-IBM Programs. IBM is
acting as an information technology provider only. IBM's direction, suggested usage, or guidance or use of a
Program does not constitute medical, clinical, legal, accounting, or other licensed professional advice. Licensee
should obtain its own expert advice.
b. For Programs IBM provides to Licensee in tangible form, IBM fulfills its shipping and delivery obligations upon
the delivery of such Programs to the IBM-designated carrier, unless otherwise agreed to in writing by Licensee
and IBM.
International Program License Agreement - i125-3301-15 Page 9
c. Licensee may not use the Program if failure of the Program could lead to death, serious bodily injury, or
property or environmental damage.
d. IBM, its affiliates, and contractors of either require use of business contact information and certain account
usage information. This information is not Content. Business contact information is used to communicate and
manage business dealings with the Licensee. Examples of business contact information include name, business
telephone, address, email, user ID, and tax registration information. Account usage information is required to
enable, provide, manage, support, administer, and improve Programs. Examples of account usage information
include reported errors and digital information gathered using tracking technologies, such as cookies and web
beacons, during use of the Programs. The IBM Privacy Statement at http://www.ibm.com/privacy provides
additional details with respect to IBM's collection, use, and handling of business contact and account usage
information. When Licensee provides information to IBM and notice to, or consent by, the individuals is required
for such processing, Licensee will notify individuals and obtain consent.
e. IBM Business Partners who use or make available Programs are independent from IBM and unilaterally
determine their prices and terms. IBM is not responsible for their actions, omissions, statements, or offerings.
f. IBM may offer Non-IBM Programs, or an IBM Program may enable access to Non-IBM Programs, that may
require acceptance of third party terms identified in a TD or presented to the Licensee. Linking to or use of Non-
IBM Programs constitutes Licensee's agreement with such terms. IBM is not a party to any third party
agreement and is not responsible for such Non-IBM Programs.
g. License grants to Programs are provided by International Business Machines Corporation, a New York
corporation ("IBM Corporation"). The IBM company from which the Licensee acquires entitlements ("IBM") is
acting as a distributor and delivering Programs and is responsible for enforcing the terms of this Agreement. If
entitlements are acquired from an IBM Business Partner, the IBM company for the country of acquisition is
responsible for enforcing the terms of this Agreement. No right or cause of action is created in favor of Licensee
against IBM Corporation. Licensee waives all claims and causes of action against IBM Corporation and agrees to
look solely to IBM for any rights and remedies in connection with Programs.
h. Licensee may not sublicense, assign, or transfer the license for any Program (except to the extent assignment
or transfer may not be legally restricted or as is expressly permitted in a TD or as otherwise agreed by IBM). IBM
may assign its rights and obligations under this Agreement in conjunction with the sale of the portion of IBM's
business that includes a Program. IBM may share this Agreement and related documents in conjunction with
any assignment.
i. All notices under the Agreement must be in writing and sent to the business address specified in the
agreement Licensee acquired the license entitlements unless a party designates in writing a different address.
The parties consent to the use of electronic means and facsimile transmissions for communications as a signed
writing. Any reproduction of the Agreement made by reliable means is considered an original. Agreement
supersedes any course of dealing, discussions or representations, between the parties.
j. No right or cause of action for any third party is created by the Agreement. Neither party will bring a legal
action arising out of or related to the Agreement more than two years after the cause of action arose. Neither
party is responsible for failure to fulfill its non-monetary obligations due to causes beyond its control. Each party
will allow the other reasonable opportunity to comply before it claims the other has not met its obligations.
k. IBM may use personnel and resources in locations worldwide, including third party contractors to support the
delivery of Programs and Program support. Licensee's use of Programs may result in the transfer of Content,
including personally identifiable information, across country borders to provide Program support as described in
the IBM Software Support Guide.
Part 2 - Country Required Terms
International Program License Agreement - i125-3301-15 Page 10
For licenses acquired in the countries specified below, the following terms replace or modify the referenced
terms of this IPLA. Terms not changed by these amendments remain unchanged and in effect.
1. AMERICAS
Section 3. Charges, Taxes, Payment, and Verification
Replace the first and second sentence of paragraph b with the following:
In Brazil: Licensee agrees to pay all applicable charges for acquired entitlements and any charges for use in
excess of authorizations and any customs or other duty, tax, and similar levies imposed by any authority
resulting from Licensee's acquisition of entitlements.
In paragraph b:
In Mexico: In the third sentence, delete the words "to an account specified by IBM".
In Mexico: Add the following new sentence after the third sentence:
Payments will be made through electronic transfer of funds to an account specified by IBM or in IBM's domicile
which is located in Alfonso Napoles Gandara 3111, Santa Fe Peña Blanca, Alvaro Obregon, Mexico City, Zip Code
01210.
Add at the end of paragraph c the following sentence:
In Canada: Where taxes are based upon the location(s) receiving the benefit of the Program, Licensee has an
ongoing obligation to notify IBM of such location(s) if different than Licensee's business address listed in the
applicable TD.
Add at the end of paragraph c the following sentence:
In United States: The parties agree no tangible personal property (e.g. media or publications) shall transfer to
Licensee if: i) IBM delivers Programs electronically to Licensee; or ii) Licensee claims a sales or use tax
exemption for Programs IBM delivers electronically to Licensee. Where taxes are based upon the location(s)
receiving the benefit of the Program, Licensee has an ongoing obligation to notify IBM of such location(s) if
different than Licensee's business address listed in the applicable TD.
Section 4. Liability and Intellectual Property Protection
Insert the following disclaimer at the end of paragraph a:
In Peru: In accordance with Article 1328 of the Peruvian Civil Code this limitations and exclusions will not apply
in the cases of willful misconduct ("dolo") or gross negligence ("culpa inexcusable").
Section 6. Governing Laws and Geographic Scope
In paragraph a, replace the first sentence only with:
In Argentina: Both parties agree to the application of the laws of the Republic of Argentina, without regard to the
conflict of law principles. Any proceeding regarding the rights, duties, and obligations arising from this
Agreement will be brought in the Ordinary Commercial Court of the City of "Ciudad Autónoma de Buenos Aires".
International Program License Agreement - i125-3301-15 Page 11
In Chile: Both parties agree to the application of the laws of Chile, without regard to the conflict of law principles.
Any conflict, interpretation or breach related to this Agreement that cannot be solved by the Parties should be
remitted to the jurisdiction of the Ordinary Courts of the city and district of Santiago.
In Colombia: Both parties agree to the application of the laws of the Republic of Colombia, without regard to the
conflict of law principles. All rights, duties and obligations are subject to the judges of the Republic of Colombia.
In Ecuador: Both parties agree to the application of the laws of the Republic of Ecuador, without regard to the
conflict of law principles. Any dispute arising out or relating to this Agreement will be submitted to the civil
judges of Quito and to the verbal summary proceeding.
In Venezuela: Both parties agree to the application of the laws of Venezuela, without regard to the conflict of law
principles. The parties agree to submit any conflict related to this Agreement, existing between them to the
Courts of the Metropolitan Area of the City of Caracas.
In Peru: Both parties agree to the application of the laws of Peru, without regard to the conflict of law principles.
Any discrepancy that may arise between the parties in the execution, interpretation or compliance of this
Agreement that may not be directly resolved shall be submitted to the Jurisdiction and Competence of the
Judges and Tribunals of the 'Cercado de Lima' Judicial District.
In Uruguay: Both parties agree to the application of the laws of Uruguay. Any discrepancy that may arise
between the parties in the execution, interpretation or compliance of this Agreement that may not be directly
resolved shall be submitted to the Montevideo Courts ("Tribunales Ordinarios de Montevideo").
In paragraph a, first sentence only, replace the phrase, "the country where the transaction for license
entitlements is performed" with:
In United States, Anguilla, Antigua/Barbuda, Aruba, Bahamas, Barbados, Bermuda, Bonaire, British Virgin
Islands, Cayman Islands, Curacao, Dominica, Grenada, Guyana, Jamaica, Montserrat, Saba, Saint Eustatius,
Saint Kitts and Nevis, Saint Lucia, Saint Maarten, Saint Vincent and the Grenadines, Suriname, Tortola, Trinidad
and Tobago, and Turk and Caicos: the State of New York, United States.
In Canada: the Province of Ontario and the federal laws of Canada applicable therein.
In paragraph a, second sentence, replace the phrase, "the country where the transaction to acquire license
entitlements is performed" with:
In Argentina: Argentina
In Chile: Chile
In Colombia: Colombia
In Ecuador: Ecuador
In Mexico: Mexico
In Peru: Peru
In Uruguay: Uruguay
In Venezuela: Venezuela
International Program License Agreement - i125-3301-15 Page 12
Add the following sentences at the end of paragraph b:
In Brazil: All disputes arising out of or related to this Agreement, including summary proceedings, will be
brought before and subject to the exclusive jurisdiction of the Forum of the City of São Paulo, State of São Paulo,
Brazil and the parties irrevocably agree with this specific jurisdiction renouncing any other, however privileged it
may be.
In Mexico: The Parties agree to submit themselves to the exclusive jurisdiction of the courts of Mexico City to
resolve any dispute arising from this Agreement. The Parties waive to any other jurisdiction that may correspond
to them due to their current or future domiciles, or for any other reason.
Section 7. General
In paragraph g:
In United States: delete the last 2 sentences.
In paragraph i, add the following new sentence after the first sentence:
In Mexico: Any change of address must be notified 10 (ten) days in advance, otherwise the notifications made at
the last indicated address will have full legal effects.
In paragraph j:
In Brazil: delete the entire 2nd sentence of "Neither party will bring a legal action arising out of or related to the
Agreement more than two years after the cause of action arose".
Add as a new paragraph l to this section:
In Canada: Both parties agree to write this document in English. Les parties ont convenu de rédiger le présent
document en langue anglaise.
2. ASIA PACIFIC
Section 2. Warranties
Add at the end of this section as a new paragraph f:
In Australia: These warranties are in addition to any rights under, and only limited to the extent permitted by, the
Competition and Consumer Act 2010.
In Japan: IBM's liability is limited to this paragraph and the Liability and Intellectual Property Protection section,
applicable TDs as Licensee's sole remedy for failure to meet the warranties specified in this section.
In New Zealand: These warranties are in addition to any rights under the Consumer Guarantee Act 1993 or other
legislation that cannot be limited by law.
Section 3. Charges, Taxes, Payment, and Verification
In paragraph b. replace the third sentence with the following 2 sentences:
In Hong Kong, Indonesia, Korea, Macau, Malaysia, Philippines, Singapore, and Vietnam: Amounts are due upon
receipt of the invoice from IBM and payable within 30 days of the invoice date to an account specified by IBM. If
International Program License Agreement - i125-3301-15 Page 13
payment is not received within 30 days from the invoice date, IBM may charge a late payment fee on the amount
outstanding, calculated on the number of days the payment is received late, at the lesser of: i) 2% for every 30
day period or portion thereof; or ii) the maximum amount permissible by applicable law.
In Thailand: Amounts are due upon receipt of the invoice from IBM and payable within 30 days of the invoice
date to an account specified by IBM. If payment is not received within 30 days from the invoice date, a late
payment fee may be applied on the amount outstanding, at the rate of 1.25% per month, calculated on the
number of days the payment is received late.
In the first sentence of paragraph c, remove the word "and" before "(iv)", and add a semicolon and the following
new item "(v)":
In India: ; and (v) file accurate Taxes Deducted at Source (TDS) returns on a timely basis. If any tax, duty, levy or
fee ("Taxes") are not charged on the basis of the exemption documentation provided by the Licensee and the
taxation authority subsequently rules that such Taxes should have been charged, then the Licensee will be liable
to pay such Taxes, including any interests, levies and/or penalties applicable thereon.
In the first sentence of paragraph c, remove the word "and" before "(iv)", and replace item (iv) and add new item
(v) with:
In Singapore, Malaysia, Philippines, Thailand, Indonesia, and Vietnam: (iv) fully cooperate with IBM in seeking a
waiver or reduction of withholding or other tax that Licensee requests a waiver or reduction; and v) promptly
complete, file, and keep current all relevant documents for any such waiver, reductions, or exemptions.
Section 4. Liability and Intellectual Property Protection
In paragraph a, add at the end of the first sentence the following:
In Australia: (for example, whether based in contract, tort, negligence, under statute or otherwise)
In paragraph a, second sentence after the word "special" and before the word "incidental", add the following:
In Philippines: (including nominal and exemplary damages), moral,
Add as a new paragraph after the end of paragraph a (and ensure paragraphs properly reletter):
In Australia: Where IBM is in breach of a guarantee implied by the Competition and Consumer Act 2010, IBM's
liability is limited to the repair or replacement of goods or the supply of equivalent goods, or the payment of the
cost of replacing the goods or having the good repaired. Where a guarantee relates to the right to sell, quiet
possession, or clear title of a good under schedule 2 of the Competition and Consumer Act, then none of these
limitations apply.
Section 5. Termination
Add at the end of the section as a new paragraph b:
In Indonesia: The parties waive article 1266 of the Indonesian Civil Code to the extent it requires a court decree
for the termination of an agreement creating mutual obligations.
Section 6. Governing Laws and Geographic Scope
In paragraph a, in the first sentence only, replace the phrase, "the country where the transaction for license
entitlements is performed" with:
International Program License Agreement - i125-3301-15 Page 14
In Cambodia, Laos: the State of New York, United States
In Australia: the State or Territory in which the transaction is performed
In Hong Kong: the Hong Kong Special Administrative Region of the People's Republic of China
In Macau: the Hong Kong Special Administrative Region of the People's Republic of China
In Korea: the Republic of Korea, and subject to the Seoul Central District Court of the Republic of Korea
In Taiwan: Taiwan
In India: India
In paragraph a, in the second sentence, replace the phrase "the country where the transaction to acquire license
entitlements is performed or, if IBM agrees, the country where the Program is placed in productive use" with:
In Hong Kong: the Hong Kong Special Administrative Region of the People's Republic of China
In Macau: the Macau Special Administrative Region of the People's Republic of China
In Taiwan: Taiwan
In paragraph b, in the first sentence, item ii), after the word "including" and before words "the defense", add:
In Japan: those of Japan laws and
Add at the end of the section as a new paragraph d:
In Cambodia, Laos, Philippines, and Sri Lanka: Disputes will be finally settled by arbitration in Singapore under
the Arbitration Rules of the Singapore International Arbitration Center ("SIAC Rules").
In India: Disputes shall be finally settled in accordance with The Arbitration and Conciliation Act, 1996 then in
effect, in English, with seat in Bangalore, India. There shall be one arbitrator if the amount in dispute is less than
or equal to Indian Rupee five crores and three arbitrators if the amount is more. When an arbitrator is replaced,
proceedings shall continue from the stage they were at when the vacancy occurred.
In Indonesia: Disputes will be finally settled by arbitration in Jakarta, Indonesia, administered by the Indonesian
National Board of Arbitration established in the year 1977 ("Badan Arbitrase Nasional Indonesia" or "BANI") in
accordance with the rules of the Indonesian National Board of Arbitration The arbitration award shall be final
and binding on the parties without appeal and shall be in writing and set forth the findings of fact and the
conclusion of law.
In People's Republic of China: Either party has the right to submit the dispute to the China International
Economic and Trade Arbitration Commission in Beijing, the PRC, for arbitration. The parties agree three
arbitrators will be used to resolve any dispute.
In Vietnam: Disputes will be finally settled by arbitration in Vietnam under the Arbitration Rules of the Vietnam
International Arbitration Centre ("VIAC Rules"). All proceedings and documents presented will be in the English
language.
Section 7. General
International Program License Agreement - i125-3301-15 Page 15
In paragraph j, in the second sentence, replace the phrase "two years" with:
In India: three years
Add to the end of this section the following new paragraph l:
In Indonesia: This agreement is made in the English and Bahasa Indonesian language versions. To the extent
permitted by the applicable law, the English version will prevail in the event of conflict between such versions.
3. EUROPE, MIDDLE EAST, AND AFRICA
Section 2. Warranties
In paragraph d, Replace the fourth sentence with the following two sentences:
In Czech Republic, Estonia, and Lithuania: Non-IBM Programs are provided as-is, without warranties of any kind
or liabilities for defects. The parties hereby exclude any liability of IBM for defects beyond the agreed
warranties.
Section 3. Charges, Taxes, Payment, and Verification
In paragraph b, add the following to the end of the third sentence:
In Italy: if IBM requests in a written notice to Licensee.
In Ukraine: , on the overdue amount from the next day after the due date up to the date of actual payment,
prorated for each day of delay, at the interest rate of double the discount rate determined by the National Bank
of Ukraine (NBU) during the delay period (paragraph 6 of article 232 of Commercial Code of Ukraine does not
apply).
In paragraph b, replace the third sentence with the following:
In France: Amounts are due and payable within 10 days of the invoice date to an account specified by IBM and
late payment fees apply equal to the most recent European Central Bank rate plus 10 points, in addition to debt
collection costs of forty (40) euros or, if these costs exceed forty euros, complementary indemnification subject
to justification of the amount claimed).
In Russia: Amounts are due upon receipt of the invoice and payable within 30 days of the invoice date through
electronic transfer of funds to an account specified by IBM. Late payment fees at the rate of 24% per annum
calculated for each day beyond the 30 days may apply.
In paragraph b, add the following to the end of the last sentence:
In Lithuania: , or except as provided by law
At the end of paragraph b, add the following:
In Italy: In the instance of no payment or partial payment, and also following a formal credit claim procedure or
trial that IBM may initiate, in derogation of article 4 of Legislative Decree n. 231 dated October 9, 2002, and
according to article 7 of the same Legislative Decree, IBM will notify Licensee in writing by registered, return
receipt mail of late payment fees due.
International Program License Agreement - i125-3301-15 Page 16
Section 4. Liability and Intellectual Property Protection
In paragraph a, in the first sentence insert the following before the words "the amounts paid":
In Belgium, France, Germany, Italy, Luxembourg, Malta, Portugal, and Spain: the greater of €500,000 (five
hundred thousand euro) or
In Ireland and United Kingdom: 125% of
In paragraph a, in the first sentence, replace the phrase "direct damages incurred by Licensee" with:
In Spain: and proven damages incurred by Licensee as a direct consequence of the IBM default
In paragraph a, insert after the first sentence the following new sentence:
In Slovakia: Referring to § 379 of the Commercial Code, Act No. 513/1991 Coll. as amended, and concerning all
conditions related to the conclusion of the agreement, both parties state that the total foreseeable damage,
which may accrue, shall not exceed the amount above, and it is the maximum for which IBM is responsible.
In paragraph a, insert before the second sentence the following new sentence:
In Russia: IBM will not be liable for the forgone benefit.
In paragraph a, in the second sentence, delete the word:
In Ireland and United Kingdom: economic
In paragraph a, replace the second sentence with:
In Belgium, Netherlands, and Luxembourg: IBM will not be liable for indirect or consequential damages, lost
profits, business, value, revenue, goodwill, damage to reputation or anticipated savings, any third party claim
against Licensee, and loss of (or damage to) data.
In France: IBM will not be liable for damages to reputation, indirect damages, or lost profits, business, value,
revenue, goodwill, or anticipated savings.
In Portugal: IBM will not be liable for indirect damages, including loss of profit.
In Spain: IBM will not be liable for damage to reputation, lost profits, business, value, revenue, goodwill, or
anticipated savings.
Add the following at the end of paragraph a:
In France: The terms of the Agreement, including financial terms, were established in consideration of the
present clause, which is an integral part of the general economy of the Agreement.
In paragraph b, replace "and ii) damages that cannot be limited under applicable law" with the following:
In Germany: ; ii) damages for body injury (including death); iii) loss or damage caused by a breach of guarantee
assumed by IBM in connection with any transaction under this Agreement; and iv) caused intentionally or by
gross negligence.
Section 6. Governing Laws and Geographic Scope
International Program License Agreement - i125-3301-15 Page 17
In paragraph a, first sentence only, replace the phrase "the country where the transaction for license
entitlements is performed" with:
In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Former Yugoslav Republic of
Macedonia, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Montenegro, Romania, Russia, Serbia, Tajikistan,
Turkmenistan, Ukraine, and Uzbekistan: Austria
In Estonia, Latvia, and Lithuania: Finland
In Algeria, Andorra, Benin, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad,
Comoros, Congo Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea, French Guiana, French
Polynesia, Gabon, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius,
Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis and
Futuna: France
In Angola, Bahrain, Botswana, Egypt, Eritrea, Ethiopia, Gambia, Ghana, Iraq, Jordan, Kenya, Kuwait, Liberia,
Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome and Principe, Saudi Arabia,
Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, West Bank/Gaza, Yemen, Zambia, and
Zimbabwe: England
In Liechtenstein: Switzerland
In South Africa, Namibia, Lesotho, and Swaziland: the Republic of South Africa
In United Kingdom: England
In paragraph a, add the following at the end of the first sentence:
In France: The Parties agree that articles 1222 and 1223 of the French Civil Code are not applicable.
Add the following at the end of paragraph a:
In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Former Yugoslav Republic of
Macedonia, Georgia, Kazakhstan, Kosovo, Kyrgyzstan, Moldova, Montenegro, Romania, Russia, Serbia,
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan: All disputes arising out of this Agreement shall be finally
settled by the International Arbitral Centre of the Austrian Federal Economic Chamber (Arbitration Body), under
the Rules of Arbitration of that Arbitral Centre (Vienna Rules), in Vienna, Austria, with English as the official
language, by three impartial arbitrators appointed in accordance with the Vienna Rules. Each party will nominate
one arbitrator, who will jointly appoint an independent chairman within 30 days or else the chairman will be
appointed by the Arbitration Body under the Vienna Rules. The arbitrators will have no authority to award
injunctive relief or damages excluded by or exceeding limits in this Agreement. Nothing in this Agreement will
prevent either party from resorting to judicial proceedings for (1) interim relief to prevent material prejudice or a
breach of confidentiality provisions or intellectual property rights, or (2) determining the validity or ownership of
any copyright, patent or trademark owned or asserted by a party or its Enterprise company, or (3) debt
collection in amounts below USD 500,000.00.
In Estonia, Latvia, and Lithuania: All disputes arising out of this Agreement shall be finally settled by the
Arbitration Institute of the Finland Chamber of Commerce (FAI) (Arbitration Body), under the Arbitration Rules
of the Finland Chamber of Commerce (Rules), in Helsinki, Finland, with English as the official language, by three
impartial arbitrators appointed in accordance with those Rules. Each party will nominate one arbitrator, who will
jointly appoint an independent chairman within 30 days or else the chairman will be appointed by the Arbitration
Body under the Rules. The arbitrators will have no authority to award injunctive relief or damages excluded by or
International Program License Agreement - i125-3301-15 Page 18
exceeding limits in this Agreement. Nothing in this Agreement will prevent either party from resorting to judicial
proceedings for (1) interim relief to prevent material prejudice or a breach of confidentiality provisions or
intellectual property rights, or (2) determining the validity or ownership of any copyright, patent or trademark
owned or asserted by a party or its Enterprise company, or (3) debt collection in amounts below USD
500,000.00.
In Afghanistan, Angola, Bahrain, Botswana, Burundi, Cape Verde, Djibouti, Egypt, Eritrea, Ethiopia, Gambia,
Ghana, Iraq, Jordan, Kenya, Kuwait, Lebanon, Liberia, Libya, Madagascar, Malawi,, Mozambique, Nigeria, Oman,
Pakistan, Palestinian Territory, Qatar, Rwanda, Sao Tome and Principe, Saudi Arabia, Seychelles, Sierra Leone,
Somalia, South Sudan, Tanzania, Uganda, United Arab Emirates, Western Sahara, Yemen, Zambia, and
Zimbabwe: All disputes arising out of this Agreement shall be finally settled by the London Court of International
Arbitration (LCIA) (Arbitration Body), under the LCIA Arbitration Rules (the Rules), in London, UK, with English as
the official language, by three impartial arbitrators appointed in accordance with the Rules. Each party will
nominate one arbitrator, who will jointly appoint an independent chairman within 30 days or else the chairman
will be appointed by the Arbitration Body under the Rules. The arbitrators will have no authority to award
injunctive relief or damages excluded by or exceeding limits in this Agreement. Nothing in this Agreement will
prevent either party from resorting to judicial proceedings for (1) interim relief to prevent material prejudice or a
breach of confidentiality provisions or intellectual property rights, or (2) determining the validity or ownership of
any copyright, patent or trademark owned or asserted by a party or its Enterprise company, or (3) debt
collection in amounts below USD 500,000.00.
In Algeria, Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Congo Republic, Democratic
Republic of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, Guinea, Guinea-Bissau, Ivory
Coast, Mali, Mauritania, Mauritius, Morocco, Niger, Senegal, Togo, and Tunisia: All disputes arising out of this
Agreement shall be finally settled by the ICC International Court of Arbitration, in Paris (Arbitration Body), under
its arbitration rules (the Rules), in Paris, France, with French as the official language, by three impartial
arbitrators appointed in accordance with the Rules. Each party will nominate one arbitrator, who will jointly
appoint an independent chairman within 30 days or else the chairman will be appointed by the Arbitration Body
under the Rules. The arbitrators will have no authority to award injunctive relief or damages excluded by or
exceeding limits in this Agreement. Nothing in this Agreement will prevent either party from resorting to judicial
proceedings for (1) interim relief to prevent material prejudice or a breach of confidentiality provisions or
intellectual property rights, or (2) determining the validity or ownership of any copyright, patent or trademark
owned or asserted by a party or its Enterprise company, or (3) debt collection in amounts below USD
250,000.00.
In South Africa, Namibia, Lesotho, and Swaziland: All disputes arising out of this Agreement shall be finally
settled by the Arbitration Foundation of Southern Africa (AFSA) (Arbitration Body), under the Rules of the
Arbitration of the AFSA (the Rules), in Johannesburg, South Africa, with English as the official language, by three
impartial arbitrators appointed in accordance with the Rules. Each party will nominate one arbitrator, who will
jointly appoint an independent chairman within 30 days or else the chairman will be appointed by the Arbitration
Body under the Rules. The arbitrators will have no authority to award injunctive relief or damages excluded by or
exceeding limits in this Agreement. Nothing in this Agreement will prevent either party from resorting to judicial
proceedings for (1) interim relief to prevent material prejudice or a breach of confidentiality provisions or
intellectual property rights, or (2) determining the validity or ownership of any copyright, patent or trademark
owned or asserted by a party or its Enterprise company, or (3) debt collection in amounts below USD
250,000.00.
In Andorra, Austria, Cyprus, France, Germany, Greece, Israel, Italy, Portugal, Spain, Switzerland, and Turkey: All
disputes will be brought before and subject to the exclusive jurisdiction of the following court of competent
jurisdiction:
In Andorra: the Commercial Court of Paris.
International Program License Agreement - i125-3301-15 Page 19
In Austria: the court of Vienna, Austria (Inner City).
In Cyprus: the competent court of Nicosia.
In France: Commercial Court of Paris.
In Germany: the courts of Stuttgart.
In Greece: the competent court of Athens.
In Israel: the courts of Tel Aviv Jaffa.
In Italy: the courts of Milan.
In Portugal: the courts of Lisbon.
In Spain: the courts of Madrid.
In Switzerland: the commercial court of the canton of Zurich.
In Turkey: the Istanbul Central (Caglayan) Courts and Execution Directorates of Istanbul, the Republic of Turkey.
In Netherlands: The Parties waive their rights under Title 7.1 ('Koop') and clause 7:401 and 402 of the Dutch
Civil Code, and their rights to invoke a full or partial dissolution ('gehele of partiele ontbinding') of this
Agreement under section 6:265 of the Dutch Civil Code.
Section 7. General
In paragraph d, insert the following at the end of the paragraph:
In Spain: IBM will comply with requests to access, update or delete contact information if submitted to the
following address: IBM, c/ Santa Hortensia 26-28, 28002 Madrid, Departamento de Privacidad de Datos.
In paragraph j, add to the end the paragraph:
In Czech Republic: Pursuant to Section 1801 of Act No. 89/2012 Coll. (the "Civil Code"), Section 1799 and
Section 1800 of the Civil Code as amended, do not apply to transactions under this Agreement. Licensee
accepts the risk of a change of circumstances under Section 1765 of the Civil Code.
In paragraph j:
In Bulgaria, Croatia, Russia, Serbia, and Slovenia: delete the 2nd sentence that says: "Neither party will bring a
legal action arising out of or related to the Agreement more than two years after the cause of action arose".
In paragraph j, add to the end of the second sentence:
In Lithuania: , except as provided by law
In paragraph j, replace the second sentence with:
In Poland: Neither party will bring a legal action arising out of or related to the Agreement more than three years
after the cause of action arose, except for an action of non-payment which will be brought no more than 2 years
after payment is due.
International Program License Agreement - i125-3301-15 Page 20
In paragraph j, second sentence, replace the word "two" with:
In Latvia and Ukraine: three
In Slovakia: four
In paragraph j, add to the end of the third sentence that says: "Neither party is responsible for failure to fulfill its
non-monetary obligations due to causes beyond its control":
In Russia: , including but not limited to earthquakes, floods, fires, acts of God, strikes (excluding strikes of the
parties' employees), acts of war, military actions, embargoes, blockades, international or governmental
sanctions, and acts of authorities of the applicable jurisdiction.
In paragraph j, third sentence, modify the sentence: "Neither party is responsible for failure to fulfill its nonmonetary
obligations due to causes beyond its control" as follows:
In Ukraine: Neither party is responsible for failure to fulfill its non-monetary obligations due to causes or
regulatory changes beyond its control, including but not limited to import, export and economic sanctions
requirements of the United States.
Add the following at the end of the section as new paragraph l:
In Hungary: By entering into this Agreement, Licensee confirms that Licensee was sufficiently informed of all the
provisions of this Agreement and had the opportunity to negotiate those terms. The following provisions may
significantly deviate from the provisions generally applied by Hungarian law and both parties accept those
provisions by signing the Agreement: Program License; Warranties; Charges, Taxes, Payment, and Verification;
Liability and Intellectual Property Protection; Termination; Governing Laws and Geographic Scope; and General.
In Czech Republic: Licensee expressly accepts the terms of this agreement which include the following
important commercial terms: i) limitation and disclaimer of liability for defects (Warranties); ii) limitation of
Licensee's entitlement to damages (Liability and Intellectual Property Protection); iii) binding nature of export
and import regulations (Governing Laws and Geographic Scope); iv) shorter limitation periods (General); v)
exclusion of applicability of provisions on adhesion contracts (General); and vi) acceptance of the risk of a
change of circumstances (General).
In Romania: The Licensee expressly accepts, the following standard clauses that may be deemed 'unusual
clauses' as per the provisions of article 1203 Romanian Civil Code: clauses 2, 4, 5, 8j. The Licensee hereby
acknowledges that it was sufficiently informed of all the provisions of this Agreement, including the clauses
mentioned above, it properly analyzed and understood such provisions and had the opportunity to negotiate the
terms of each clause.
i125-3301-15 (10-2021)
© Copyright International Business Machines Corporation 2021.
US Government Users Restricted Rights – Use, duplication or disclosure restricted by GSA ADP Schedule Contract with IBM Corp.
Terms and Conditions for Separately Licensed Code
IBM Spectrum Virtualize for Public Cloud 8.4.3.0
IBM Spectrum Virtualize for Public Cloud with 1 year S&S 8.4.3.0
IBM Spectrum Virtualize for Public Cloud with 2 years S&S 8.4.3.0
IBM Spectrum Virtualize for Public Cloud with 3 years S&S 8.4.3.0
IBM Spectrum Virtualize for Public Cloud with 4 years S&S 8.4.3.0
IBM Spectrum Virtualize for Public Cloud with 5 years S&S 8.4.3.0
The IBM license agreement and any applicable information on the web
download page for IBM products refers Licensee to this file for details
concerning terms and conditions applicable to code identified as
Separately Licensed Code below and included in the products listed
above ("the Program").
The Separately Licensed Code is provided to Licensee under terms
and conditions that are different from the IBM license agreement.
Licensee's 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 IBM license agreement.
Please note: This NON_IBM_LICENSE file may identify Separately Licensed
Code and its related agreements that are not used by, or that were not
shipped with, the Program as Licensee installed it.
The following are Separately Licensed Code:
chardet version 3.0.4
filesystem version 3.2
flashrom version 0.9.8
flashrom-9b6fb74
ibm-design-icons-2.1.4
ibm-plex-5.1.3
Intel QuickAssist QAT1.7 version 4.1.0
libfuse2 version 2.7.4
mcelog 1.0.2010.03.10
mlnx-tools-ofed-scripts-5.1.0
Open iSCSI version 2.0.874
openslp version 2.1.1658
paramiko version 2.2.1
paramiko version 2.6.0
plendk version 6.4.0
plfc version 6.4.0
plkt version 6.4.0
plmmk version 6.4.0
plpa version 6.4.0
plsas version 6.4.0
plsq version 6.4.0
plwdk version 6.4.0
PyInstaller version 3.5
scst version 7021
Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 22
@@@@@@@@@@@@
===========================================================================
GNU General Public License 2.0: THE FOLLOWING TERMS AND CONDITIONS
APPLY to the listed components below which are licensed under the GNU
General Public License 2.0:
Intel QuickAssist QAT1.7 version 4.1.0
Open iSCSI version 2.0.874
Portions of libfuse2 version 2.7.4
Portions of openslp version 2.1.1658
filesystem version 3.2
flashrom version 0.9.8
flashrom-9b6fb74
mcelog 1.0.2010.03.10
mlnx-tools-ofed-scripts-5.1.0
plendk version 6.4.0
plfc version 6.4.0
plkt version 6.4.0
plmmk version 6.4.0
plpa version 6.4.0
plsas version 6.4.0
plsq version 6.4.0
plwdk version 6.4.0
scst version 7021
PyInstaller version 3.5
---------------------------------------------------------------------------
Start of GNU GPL Version 2.0 License
---------------------------------------------------------------------------
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.,
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your
freedom to share and change it. By contrast, the GNU General Public
License is intended to guarantee your freedom to share and change free
software--to make sure the software is free for all its users. This
General Public License applies to most of the Free Software
Foundation's software and to any other program whose authors commit to
using it. (Some other Free Software Foundation software is covered by
the GNU Lesser General Public License instead.) You can apply it to
your programs, too.
Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 23
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that you
have the freedom to distribute copies of free software (and charge for
this service if you wish), that you receive source code or can get it
if you want it, that you can change the software or use pieces of it
in new free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid
anyone to deny you these rights or to ask you to surrender the rights.
These restrictions translate to certain responsibilities for you if you
distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether
gratis or for a fee, you must give the recipients all the rights that
you have. You must make sure that they, too, receive or can get the
source code. And you must show them these terms so they know their
rights.
We protect your rights with two steps: (1) copyright the software, and
(2) offer you this license which gives you legal permission to copy,
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Also, for each author's protection and ours, we want to make certain
that everyone understands that there is no warranty for this free
software. If the software is modified by someone else and passed on, we
want its recipients to know that what they have is not the original, so
that any problems introduced by others will not reflect on the original
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Finally, any free program is threatened constantly by software
patents. We wish to avoid the danger that redistributors of a free
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program proprietary. To prevent this, we have made it clear that any
patent must be licensed for everyone's free use or not licensed at all.
The precise terms and conditions for copying, distribution and
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GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains
a notice placed by the copyright holder saying it may be distributed
under the terms of this General Public License. The "Program", below,
refers to any such program or work, and a "work based on the Program"
means either the Program or any derivative work under copyright law:
that is to say, a work containing the Program or a portion of it,
either verbatim or with modifications and/or translated into another
language. (Hereinafter, translation is included without limitation in
the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope. The act of
Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 24
running the Program is not restricted, and the output from the Program
is covered only if its contents constitute a work based on the
Program (independent of having been made by running the Program).
Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's
source code as you receive it, in any medium, provided that you
conspicuously and appropriately publish on each copy an appropriate
copyright notice and disclaimer of warranty; keep intact all the
notices that refer to this License and to the absence of any warranty;
and give any other recipients of the Program a copy of this License
along with the Program.
You may charge a fee for the physical act of transferring a copy, and
you may at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion
of it, thus forming a work based on the Program, and copy and
distribute such modifications or work under the terms of Section 1
above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any
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when run, you must cause it, when started running for such
interactive use in the most ordinary way, to print or display an
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notice that there is no warranty (or else, saying that you provide
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the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the Program,
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on the Program, the distribution of the whole must be on the terms of
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Thus, it is not the intent of this section to claim rights or contest
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exercise the right to control the distribution of derivative or
Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 25
collective works based on the Program.
In addition, mere aggregation of another work not based on the Program
with the Program (or with a work based on the Program) on a volume of
a storage or distribution medium does not bring the other work under
the scope of this License.
3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms of
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Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 26
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conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
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license would not permit royalty-free redistribution of the Program by
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the only way you could satisfy both it and this License would be to
refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under
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It is not the purpose of this section to induce you to infringe any
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This section is intended to make thoroughly clear what is believed to
be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in
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original copyright holder who places the Program under this License
may add an explicit geographical distribution limitation excluding
Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 27
those countries, so that distribution is permitted only in or among
countries not thus excluded. In such case, this License incorporates
the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions
of the General Public License from time to time. Such new versions will
be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the Program
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either of that version or of any later version published by the Free
Software Foundation. If the Program does not specify a version number of
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Foundation.
10. If you wish to incorporate parts of the Program into other free
programs whose distribution conditions are different, write to the author
to ask for permission. For software which is copyrighted by the Free
Software Foundation, write to the Free Software Foundation; we sometimes
make exceptions for this. Our decision will be guided by the two goals
of preserving the free status of all derivatives of our free software and
of promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
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WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
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TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
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END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 28
free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest
to attach them to the start of each source file to most effectively
convey the exclusion of warranty; and each file should have at least
the "copyright" line and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 2 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License along
with this program; if not, write to the Free Software Foundation, Inc.,
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA.
Also add information on how to contact you by electronic and paper mail.
If the program is interactive, make it output a short notice like this
when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
This is free software, and you are welcome to redistribute it
under certain conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the appropriate
parts of the General Public License. Of course, the commands you use may
be called something other than `show w' and `show c'; they could even be
mouse-clicks or menu items--whatever suits your program.
You should also get your employer (if you work as a programmer) or your
school, if any, to sign a "copyright disclaimer" for the program, if
necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the program
`Gnomovision' (which makes passes at compilers) written by James Hacker.
<signature of Ty Coon>, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating your program into
proprietary programs. If your program is a subroutine library, you may
consider it more useful to permit linking proprietary applications with the
library. If this is what you want to do, use the GNU Lesser General
Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 29
Public License instead of this License.
---------------------------------------------------------------------------
End of GNU GPL Version 2.0 License
---------------------------------------------------------------------------
===========================================================================
Copyright Notices for: Intel QuickAssist QAT1.7 version 4.1.0:
---------------------------------------------------------------------------
Copyright(c) 2007-2018 Intel Corporation. All rights reserved.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
* Neither the name of Intel Corporation nor the names of its
contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
===========================================================================
Copyright Notices for: Open iSCSI version 2.0.874:
---------------------------------------------------------------------------
Copyright (c) 2009-2011, Broadcom Corporation
Copyright (c) 2014, QLogic Corporation
Written by: Benjamin Li (benli@broadcom.com)
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 30
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software
must display the following acknowledgement:
This product includes software developed by Adam Dunkels.
4. The name of the author may not be used to endorse or promote
products derived from this software without specific prior
written permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
---------------------------------------------------------------------------
Copyright (c) 2004, Swedish Institute of Computer Science.
All rights reserved.
Copyright (c) 2005, Swedish Institute of Computer Science.
All rights reserved.
Copyright (c) 2006, Swedish Institute of Computer Science.
All rights reserved.
Copyright (c) 2004-2005, Swedish Institute of Computer Science.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. Neither the name of the Institute nor the names of its contributors
may be used to endorse or promote products derived from this software
without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE INSTITUTE AND CONTRIBUTORS ``AS IS'' AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE INSTITUTE OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 31
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
---------------------------------------------------------------------------
Copyright (c) 2001, Adam Dunkels.
All rights reserved.
Copyright (c) 2001-2003, Adam Dunkels.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. The name of the author may not be used to endorse or promote
products derived from this software without specific prior
written permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
---------------------------------------------------------------------------
Copyright (c) 2011, Broadcom Corporation
Copyright (c) 2014, QLogic Corporation
Written by: Eddie Wai (eddie.wai@broadcom.com)
Based on Kevin Tran's iSCSI boot code
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 32
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software
must display the following acknowledgement:
This product includes software developed by Adam Dunkels.
4. The name of the author may not be used to endorse or promote
products derived from this software without specific prior
written permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
---------------------------------------------------------------------------
Copyright (c) 2015, QLogic Corporation
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software
must display the following acknowledgement:
This product includes software developed by Adam Dunkels.
4. The name of the author may not be used to endorse or promote
products derived from this software without specific prior
written permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
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ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 33
---------------------------------------------------------------------------
Copyright (c) 2009-2011, Broadcom Corporation
Written by: Benjamin Li (benli@broadcom.com)
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software
must display the following acknowledgement:
This product includes software developed by Adam Dunkels.
4. The name of the author may not be used to endorse or promote
products derived from this software without specific prior
written permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
===========================================================================
Copyright Notices for: PyInstaller version 3.5:
---------------------------------------------------------------------------
Copyright (C) 2017-2019 PyInstaller Development Team.
Copyright (C) 2016 Jason R Coombs <jaraco@jaraco.com>
This file includes an almost complete copy of
pkg_resources/extern/__init__.py, taken from setuptools 28.6.1.
For PyInstaller the inly chane is to install a sub-class of VendorImporter.
setuptools is licensed under the MIT License (expat) license:
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to
deal in the Software without restriction, including without limitation the
rights to use, copy, modify, merge, publish, distribute, sublicense, and/or
Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 34
sell copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
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AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS
IN THE SOFTWARE.
---------------------------------------------------------------------------
Thomas Nagy, 2005-2018
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. The name of the author may not be used to endorse or promote products
derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR
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SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
===========================================================================
END OF GNU General Public License 2.0 NOTICES AND INFORMATION
===========================================================================
===========================================================================
END OF GNU General Public License 2.0 TERMS and CONDITIONS
===========================================================================
Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 35
@@@@@@@@@@@@
===========================================================================
GNU Lesser General Public License 2.1: THE FOLLOWING TERMS AND
CONDITIONS APPLY to the listed components below which are licensed
under the GNU Lesser General Public License 2.1:
Portions of libfuse2 version 2.7.4
paramiko version 2.2.1
chardet version 3.0.4
paramiko version 2.6.0
---------------------------------------------------------------------------
Start of GNU LGPL Version 2.1 License
---------------------------------------------------------------------------
GNU LESSER GENERAL PUBLIC LICENSE
Version 2.1, February 1999
Copyright (C) 1991, 1999 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
[This is the first released version of the Lesser GPL. It also counts
as the successor of the GNU Library Public License, version 2, hence
the version number 2.1.]
Preamble
The licenses for most software are designed to take away your
freedom to share and change it. By contrast, the GNU General Public
Licenses are intended to guarantee your freedom to share and change
free software--to make sure the software is free for all its users.
This license, the Lesser General Public License, applies to some
specially designated software packages--typically libraries--of the
Free Software Foundation and other authors who decide to use it. You
can use it too, but we suggest you first think carefully about whether
this license or the ordinary General Public License is the better
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When we speak of free software, we are referring to freedom of use,
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To protect your rights, we need to make restrictions that forbid
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Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 42
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Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 43
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END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Libraries
Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 44
If you develop a new library, and you want it to be of the greatest
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That's all there is to it!
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End of GNU LGPL Version 2.1 License
---------------------------------------------------------------------------
===========================================================================
END OF GNU Lesser General Public License 2.1 TERMS and CONDITIONS
===========================================================================
Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 45
@@@@@@@@@@@@
===========================================================================
THE FOLLOWING TERMS AND CONDITIONS APPLY to portions of
ibm-design-icons-2.1.4 software:
---------------------------------------------------------------------------
Icons and other visual resources in IBM Design Icons are licensed under a
Creative Commons Attribution 4.0 International License, available at
https://creativecommons.org/licenses/by/4.0/. This includes all .png,
.svg, and .ai image files. Users can find more information at
https://www.ibm.com/design/language/.
Creative Commons Attribution 4.0 International Public License
By exercising the Licensed Rights (defined below), You accept and agree to
be bound by the terms and conditions of this Creative Commons Attribution
4.0 International Public License ("Public License"). To the extent this
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Licensed Rights in consideration of Your acceptance of these terms and
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Section 1 - Definitions.
a. Adapted Material means material subject to Copyright and Similar Rights
that is derived from or based upon the Licensed Material and in which the
Licensed Material is translated, altered, arranged, transformed, or
otherwise modified in a manner requiring permission under the Copyright
and Similar Rights held by the Licensor. For purposes of this Public
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Material is synched in timed relation with a moving image.
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Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 46
to Your use of the Licensed Material.
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Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 47
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Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 48
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For the avoidance of doubt, this Section 4 supplements and does not
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Section 5 - Disclaimer of Warranties and Limitation of Liability.
Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 49
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b. To the extent possible, in no event will the Licensor be liable to You
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Section 6 - Term and Termination.
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For the avoidance of doubt, this Section 6(b) does not affect any right
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Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 50
b. Any arrangements, understandings, or agreements regarding the Licensed
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Section 8 - Interpretation.
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b. To the extent possible, if any provision of this Public License is
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d. Nothing in this Public License constitutes or may be interpreted as a
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===========================================================================
END OF TERMS AND CONDITIONS FOR portions of ibm-design-icons-2.1.4
===========================================================================
@@@@@@@@@@@@
===========================================================================
THE FOLLOWING TERMS AND CONDITIONS APPLY to ibm-plex-5.1.3 software:
---------------------------------------------------------------------------
Copyright (C) 2017 IBM Corp. with Reserved Font Name "Plex"
This Font Software is licensed under the SIL Open Font License,
Version 1.1.
This license is copied below, and is also available with a FAQ at:
http://scripts.sil.org/OFL
-----------------------------------------------------------
SIL OPEN FONT LICENSE Version 1.1 - 26 February 2007
-----------------------------------------------------------
PREAMBLE
The goals of the Open Font License (OFL) are to stimulate worldwide
Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 51
development of collaborative font projects, to support the font creation
efforts of academic and linguistic communities, and to provide a free and
open framework in which fonts may be shared and improved in partnership
with others.
The OFL allows the licensed fonts to be used, studied, modified and
redistributed freely as long as they are not sold by themselves. The
fonts, including any derivative works, can be bundled, embedded,
redistributed and/or sold with any software provided that any reserved
names are not used by derivative works. The fonts and derivatives,
however, cannot be released under any other type of license. The
requirement for fonts to remain under this license does not apply
to any document created using the fonts or their derivatives.
DEFINITIONS
"Font Software" refers to the set of files released by the Copyright
Holder(s) under this license and clearly marked as such. This may
include source files, build scripts and documentation.
"Reserved Font Name" refers to any names specified as such after the
copyright statement(s).
"Original Version" refers to the collection of Font Software components as
distributed by the Copyright Holder(s).
"Modified Version" refers to any derivative made by adding to, deleting,
or substituting -- in part or in whole -- any of the components of the
Original Version, by changing formats or by porting the Font Software to a
new environment.
"Author" refers to any designer, engineer, programmer, technical
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PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining
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redistribute, and sell modified and unmodified copies of the Font
Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components,
in Original or Modified Versions, may be sold by itself.
2) Original or Modified Versions of the Font Software may be bundled,
redistributed and/or sold with any software, provided that each copy
contains the above copyright notice and this license. These can be
included either as stand-alone text files, human-readable headers or
in the appropriate machine-readable metadata fields within text or
binary files as long as those fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Font
Name(s) unless explicit written permission is granted by the corresponding
Copyright Holder. This restriction only applies to the primary font name as
presented to the users.
Terms and Conditions for Separately Licensed Code (Non_IBM_License File) Page 52
4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font
Software shall not be used to promote, endorse or advertise any
Modified Version, except to acknowledge the contribution(s) of the
Copyright Holder(s) and the Author(s) or with their explicit written
permission.
5) The Font Software, modified or unmodified, in part or in whole,
must be distributed entirely under this license, and must not be
distributed under any other license. The requirement for fonts to
remain under this license does not apply to any document created
using the Font Software.
TERMINATION
This license becomes null and void if any of the above conditions are
not met.
DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE
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INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM
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===========================================================================
END OF TERMS AND CONDITIONS FOR ibm-plex-5.1.3
===========================================================================
===========================================================================
END OF TERMS AND CONDITIONS FOR SEPARATELY LICENSED CODE
for IBM Spectrum Virtualize for Public Cloud 8.4.3.0
===========================================================================
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D/N: L-SVGY-C6MTAD
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GNU GPL and LGPL Source Code Offers Page 53
GNU GPL and LGPL Source Code Offers
@@@@@@@@@@@@
===========================================================================
General Public License version 2.0: The product includes the following
licensed code to the licensee as Separately Licensed Code under the GNU
General Public License 2.0.
===========================================================================
filesystem version 3.2
flashrom version 0.9.8
flashrom-9b6fb74
Intel QuickAssist QAT1.7 version 4.1.0
libfuse2 version 2.7.4
mcelog 1.0.2010.03.10
mlnx-tools-ofed-scripts-5.1.0
Open iSCSI version 2.0.874
openslp version 2.1.1658
plendk version 6.4.0
plfc version 6.4.0
plkt version 6.4.0
plmmk version 6.4.0
plpa version 6.4.0
plsas version 6.4.0
plsq version 6.4.0
plwdk version 6.4.0
PyInstaller version 3.5
scst version 7021
Source code to any of the above-listed packages distributed with IBM
Spectrum Virtualize for Public Cloud 8.4.3.0 is available at the
website below, when a URL is provided, or by sending a request to the
following address or email:
IBM Corporation
Attn: Dept 4XNA / 9032-2, Storage Open Source Management
9000 S. Rita Road
Tucson, AZ 85744
Please identify the name of the IBM product and the GPL or LGPL
licensed program(s) required in the request for source code.
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END of GNU GPL Version 2.0 Notices and Information
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Lesser General Public License version 2.1: The product includes the
following licensed code to the licensee as Separately Licensed Code
GNU GPL and LGPL Source Code Offers Page 54
under the GNU Lesser General Public License 2.1.
===========================================================================
chardet version 3.0.4
libfuse2 version 2.7.4
paramiko version 2.2.1
paramiko version 2.6.0
Source code to any of the above-listed packages distributed with IBM
Spectrum Virtualize for Public Cloud 8.4.3.0 is available at the
website below, when a URL is provided, or by sending a request to the
following address or email:
IBM Corporation
Attn: Dept 4XNA / 9032-2, Storage Open Source Management
9000 S. Rita Road
Tucson, AZ 85744
Please identify the name of the IBM product and the GPL or LGPL
licensed program(s) required in the request for source code.
===========================================================================
END of GNU LGPL Version 2.1 Notices and Information
===========================================================================
===========================================================================
END OF GNU Source Code Offer for Spectrum Virtualize for Public Cloud 8.4.3.0
===========================================================================
L/N: L-SVGY-C6MTAD
D/N: L-SVGY-C6MTAD
P/N: L-SVGY-C6MTAD