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LICENSE INFORMATION

The Programs listed below are licensed under the following License Information terms and conditions in addition to the Program license terms previously agreed to by Client and IBM. If Client does not have previously agreed to license terms in effect for the Program, the International Program License Agreement (Z125-3301-14) applies.

Program Name (Program Number):
IBM Cloud Pak for Security v1.4 (5737-L74)
IBM Cloud Pak for Security (Gen 2) Disaster Recovery (CC034201)

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

Limited use right

As described in the International Program License Agreement ("IPLA") and this License Information, IBM grants Licensee a limited right to use the Program. This right is limited to the level of Authorized Use, such as a Processor Value Unit ("PVU"), a Resource Value Unit ("RVU"), a Value Unit ("VU"), or other specified level of use, paid for by Licensee as evidenced in the Proof of Entitlement. Licensee's use may also be limited to a specified machine, or only as a Supporting Program, or subject to other restrictions. As Licensee has not paid for all of the economic value of the Program, no other use is permitted without the payment of additional fees. In addition, Licensee is not authorized to use the Program to provide commercial IT services to any third party, to provide commercial hosting or timesharing, or to sublicense, rent, or lease the Program unless expressly provided for in the applicable agreements under which Licensee obtains authorizations to use the Program. Additional rights may be available to Licensee subject to the payment of additional fees or under different or supplementary terms. IBM reserves the right to determine whether to make such additional rights available to Licensee.

Specifications

Program's specifications can be found in the collective Description and Technical Information sections of the Program's Announcement Letters.

Prohibited Uses

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

Bundled Programs

Licensee is authorized to install and use the Bundled Programs identified below. A Bundled Program may be accompanied by license terms, and those terms, if any, apply to Licensee's use of that Bundled Program. In the event of conflict, the terms in this License Information document supersede the Bundled Program's terms. The Principal Program and any Bundled Programs are all part of the Program, as a whole. Therefore, Licensee must obtain sufficient entitlements to the Program, as a whole, to cover Licensee's installation and use of all of the Bundled Programs, unless separate entitlements are provided within this License Information document. For example, if this Program were licensed on a PVU (Processor Value Unit) basis and Licensee were to install the Principal Program or a Bundled Program on a 100 PVU machine (physical or virtual) and another Bundled Program on a second 100 PVU machine, Licensee would be required to obtain 200 PVU entitlements to the Program.

Bundled Programs:
IBM Resilient Security Orchestration, Automation and Response Platform
IBM Resilient Security Orchestration, Automation and Response Platform Privacy
IBM Resilient Security Orchestration, Automation and Response Platform Team Management
IBM Resilient Security Orchestration, Automation and Response Platform MSSP
IBM Resilient Security Orchestration, Automation and Response Platform Actions Enterprise
IBM QRadar Software
IBM QRadar Event Capacity
IBM QRadar Software Node
IBM QRadar Flows Capacity
IBM QRadar Network Insights Software
IBM QRadar Data Store

Prohibited Components

Notwithstanding any provision in the Agreement, Licensee is not authorized to use any of the following components or functions of the Program:
QVM Processor
QVM Processor 600
QVM Scanner
QVM Scanner 610
QRM Appliance 700

Compliance Management Programs

The Program can be used to help Licensee meet compliance obligations, which may be based on laws, regulations, standards or practices. Any directions, suggested usage, or guidance provided by the Program does not constitute legal, accounting, or other professional advice, and Licensee is cautioned to obtain its own legal, accounting, or other expert counsel. Licensee is solely responsible for ensuring that Licensee and Licensee's activities, applications and systems comply with all applicable laws, regulations, standards and practices. Use of this Program does not guarantee compliance with any law, regulation, standard or practice.

Separately Licensed Code

The provisions of this paragraph do not apply to the extent they are held to be invalid or unenforceable under the law that governs this license. Each of the components listed in the NON_IBM_LICENSE file is considered "Separately Licensed Code". IBM Separately Licensed Code is licensed to Licensee under the terms of the applicable third party license agreement(s) set forth in the NON_IBM_LICENSE file(s) that accompanies the Program. Notwithstanding any of the terms in the Agreement, or any other agreement Licensee may have with IBM, the terms of such third party license agreement(s) governs Licensee's use of all Separately Licensed Code unless otherwise noted below.

Future Program updates or fixes may contain additional Separately Licensed Code. Such additional Separately Licensed Code and related licenses are listed in the applicable NON_IBM_LICENSE file that accompanies the Program update or fix. Licensee acknowledges that Licensee has read and agrees to the license agreements contained in the NON_IBM_LICENSE file(s). If Licensee does not agree to the terms of these third party license agreements, Licensee may not use the Separately Licensed Code listed therein.

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

Note: Notwithstanding any of the terms in the third party license agreement, the Agreement, or any other agreement Licensee may have with IBM:
(a) IBM provides this Separately Licensed Code to Licensee WITHOUT WARRANTIES OF ANY KIND;
(b) IBM DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SEPARATELY LICENSED CODE;
(c) IBM is not liable to Licensee, and will not defend, indemnify, or hold Licensee harmless for any claims arising from or related to the Separately Licensed Code; and
(d) IBM is not liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages including, but not limited to, lost data, lost savings, and lost profits, with respect to the Separately Licensed Code.

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

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

Program Keys

For Programs which require keys to operate, Licensee may not have more keys to the Program in Licensee's Enterprise than Licensee has entitlements.

Export and Import Restrictions

This Program may contain cryptography. Transfer to, or use by, users of the Program may be prohibited or subject to export or import laws, regulations or policies, including those of the United States Export Administration Regulations. Licensee assumes all responsibility for complying with all applicable laws, regulations, and policies regarding the export, import, or use of this Program, including but not limited to, U.S. restrictions on exports or reexports. To obtain the export classification of this Program refer to: https://www.ibm.com/products/exporting/.

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

Managed Virtual Server

Managed Virtual Server is a unit of measure by which the Program can be licensed. A server is a physical computer that is comprised of processing units, memory, and input/output capabilities and that executes requested procedures, commands, or applications for one or more users or client devices. Where racks, blade enclosures, or other similar equipment is being employed, each separable physical device (for example, a blade or a rack-mounted device) that has the required components is considered itself a separate server. A virtual server is either a virtual computer created by partitioning the resources available to a physical server or an unpartitioned physical server. Licensee must obtain Managed Virtual Server entitlements for each virtual server managed by the Program.

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

Entitlement Restrictions

Licensee's entitlements to the Program, IBM Cloud Pak for Security version 1.4, entitle Licensee only to use of the programs and functionality included with that version and release of the Program. Licensee's entitlements to this Program entitle Licensee to future versions of IBM Cloud Pak for Security that provide updated versions of existing programs and functionality included in this Program, but Licensee will not be entitled to any new programs and functionality provided as part of future versions and releases. Licensee must obtain entitlements specifically to such future versions and releases of IBM Cloud Pak for Security in order to deploy and use new programs and functionality.


Conversion Entitlement Details

IBM Security Data Explorer
- Conversion Entitlement Ratio: 1 MVS/ 1 MVS


IBM Resilient Security Orchestration, Automation and Response Platform, IBM Resilient Security Orchestration, Automation and Response Platform MSSP Add-on*, IBM Resilient Security Orchestration, Automation and Response Platform Team Management Add-on*, IBM Resilient Security Orchestration, Automation and Response Platform Actions Enterprise
- Conversion Entitlement Ratio: 1 MVS/ 5 MVS


IBM Resilient Security Orchestration, Automation and Response Platform Privacy Add-on*
- Conversion Entitlement Ratio: 1 MVS/ 2 MVS

* Only included in IBM Resilient Security Orchestration, Automation and Response Platform Open Virtual Appliance (OVA) for IBM Cloud Pak for Security, Red Hat Linux eAssembly


IBM Security Threat Intelligence Insights
- Conversion Entitlement Ratio: 1 MVS/ 1 MVS


"QRadar Event Analytics" includes the following Bundled Programs - IBM QRadar Software, IBM QRadar Event Capacity, IBM QRadar Data Store, IBM QRadar Software Node
- Conversion Entitlement Ratio: 1 MVS/ 12 MVS


"QRadar Flow Analytics" includes the following Bundled Programs - IBM QRadar Software, IBM QRadar Flows Capacity, IBM QRadar Software Node, IBM QRadar Network Insights Software
- Conversion Entitlement Ratio: 1 MVS/ 7 MVS


"QRadar Data Lake" includes the following Bundled Programs - IBM QRadar Data Store, IBM QRadar Software Node
- Conversion Entitlement Ratio: 1 MVS/ 2 MVS


"Conversion Entitlement Ratio n/m" means that Licensee can convert some number ('n') entitlements of the indicated metric for the listed program for every specified number ('m') entitlements of the specified metric for the Program. Once converted, Licensee may only use such converted entitlements for the listed program. The specified conversion does not apply to any entitlements for the Program that are not of the required metric type. For example, if the conversion is 100 entitlements of a listed program for every 500 entitlements obtained of the Program and Licensee acquires 1,500 entitlements of the Program, Licensee may convert those 1,500 entitlements into 300 entitlements of the listed program, allowing the Licensee to use the listed program up to the 300 entitlements.


Red Hat Products

Red Hat Products (as listed below) are licensed separately and are supported by IBM only when used in support of the Program and only while Licensee has Software Subscription and Support in effect for the Program. In addition, Licensee agrees that its use of and support for the Red Hat Products are subject to the following terms (https://www.redhat.com/en/about/agreements)

Red Hat Product:

Red Hat Enterprise Linux (limited to use with Red Hat Openshift Container Platform)
- Entitlement Value(s):
50 VPCs of Red Hat Enterprise Linux if Licensee obtains 100-99,999 MVS entitlement(s) of the Program
100 VPCs of Red Hat Enterprise Linux if Licensee obtains 100,000-999,900 MVS entitlement(s) of the Program
200 VPCs of Red Hat Enterprise Linux if Licensee obtains 1,000,000 or more MVS entitlement(s) of the Program

Red Hat OpenShift Container Platform
- Entitlement Value(s):
50 VPCs of Red Hat OpenShift Container Platform if Licensee obtains 100-99,999 MVS entitlement(s) of the Program
100 VPCs of Red Hat OpenShift Container Platform if Licensee obtains 100,000-999,900 MVS entitlement(s) of the Program
200 VPCs of Red Hat OpenShift Container Platform if Licensee obtains 1,000,000 or more MVS entitlement(s) of the Program


Restrictions on Use

Licensee's use of the Program is limited to being used as a "hot" backup as defined in the Backup Policy referred to in Section 11 Compliance Verification of the IPLA. Such use does not include any use that is independent from the backup of the primary copy of the Program.

L/N: L-GBLK-BSTNJ2
D/N: L-GBLK-BSTNJ2
P/N: L-GBLK-BSTNJ2