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Q203636: IBM Cognos Additional Terms and Conditions

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IBM Cognos Additional Terms and Conditions

 

These additional terms and conditions supplement the End User License Agreement (“EULA”) or separately executed software licensing agreement (“SLA”) that governs your use of the Software (as defined in the EULA or SLA, as applicable).  Any capitalized terms not defined herein shall have the meanings ascribed to them in the EULA or SLA, as applicable.

 

You have the rights to use the following IBM Cognos programs (“Programs”, or individually a “Program”) embedded within the Software solely in conjunction with the Software: Business Intelligence Advanced Business Author, Business Intelligence Professional Author, Business Intelligence Web Administrator, and Business Intelligence Enhanced Consumer.  Such Programs are licensed under the following terms and conditions.

 

1.       No Independent Use.  You may not use the Programs independently or for any purpose other than the purposes of the Software. 

 

2.       Usage Limitation.  Only one (1) individual within your organization may be entitled to utilize the functionality provided by the Business Intelligence Web Administrator Program at any one time and such entitlement may not be shared, nor may it be reassigned other than for the permanent transfer of the entitlement to another person. For Business Intelligence Advanced Business Author, Business Intelligence Professional Author, and Business Intelligence Enhanced Consumer, up to seven (7) Authorized Users may utilize the functionality of each role.

 

3.       Subscriptions.  If you license the Software on a subscription basis for less than a one (1) year term, you may not access or use the Programs.

 

4.       Supporting Programs.  The Program is licensed as a multi-product package and may include one or more of the Supporting Programs identified below. You are authorized to install and use such Supporting Programs only to support your use of the Program under this Agreement and within the limits of the Proofs of Entitlement for the Program (unless broader rights are provided elsewhere herein). The phrase "to support your use" would include only those uses that are necessary or otherwise directly related to a licensed use of the Program or another Supporting Program. The Supporting Programs may not be used for any other purpose. You are not authorized to transfer or remarket the Supporting Programs separate from the Program. The terms of this Agreement may replace or modify the license terms for the Supporting Programs. In the event of conflict, these terms supersede the terms of the license agreement which accompanies the Supporting Programs. When your right to use the Program expires or terminates, you must discontinue use, destroy or promptly return all copies of the Supporting Programs to the party from whom you acquired the Program. If you downloaded the Supporting Programs, you should contact the party from whom you acquired the Program. If you wish to license the Supporting Programs for any use beyond the limits set forth above, please contact an IBM Sales Representative or the party from whom you acquired the Program to obtain the appropriate license.

 

The following are Supporting Programs that may be licensed with the Program:

IBM Cognos Business Intelligence Samples

IBM Cognos Business Intelligence Transformer

IBM Cognos for Microsoft Office

IBM Cognos Framework Manager

IBM Cognos Lifecycle Manager

IBM Cognos Metrics Manager

IBM Cognos Mobile

IBM Cognos Supplementary Languages Documentation

IBM Cognos Virtual View Manager

IBM Connections

IBM DB2 Workgroup Server Edition

IBM Tivoli Directory Integrator

IBM WebSphere Application Server

 

 

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

 

6.       Export and Import Restrictions.  The 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. You assume all responsibility for complying with all applicable laws, regulations, and policies regarding the export, import, or use of the 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/.

 

7.       Restrictions on Use for the Benefit of a Third Party. You may not use the Program or any component thereof to provide service bureau, hosting services, or any sort of commercial information technology services to third parties, or transfer the Program to a third party, unless otherwise agreed to in writing by IBM.

 

8.       Authorized User.  Authorized User is a unit of measure by which the Program can be licensed. An Authorized User is a unique person who is given access to the Program. The Program may be installed on any number of computers or servers and each Authorized User may have simultaneous access to any number of instances of the Program at one time. You must obtain separate, dedicated entitlements for each Authorized User given access to the Program in any manner directly or indirectly (for example: via a multiplexing program, device, or application server) through any means. An entitlement for an Authorized User is unique to that Authorized User and may not be shared, nor may it be reassigned other than for the permanent transfer of the Authorized User entitlement to another person.

 

9.       Processor Value Unit (PVU).  Processor Value Unit (PVU) is a unit of measure by which the Program can be licensed. The number of PVU entitlements required is based on the processor technology (defined within the PVU Table by Processor Vendor, Brand, Type and Model Number at http://www.ibm.com/software/lotus/passportadvantage/pvu_licensing_for_customers.html) and the number of processors made available to the Program. IBM continues to define a processor, for the purpose of PVU-based licensing, to be each processor core on a chip. A dual-core processor chip, for example, has two processor cores.

 

You can deploy the Program using either Full Capacity licensing or Virtualization Capacity (Sub-Capacity) licensing according to the Passport Advantage Sub-Capacity Licensing Terms (see webpage below). If using Full Capacity licensing, you must obtain PVU entitlements sufficient to cover all activated processor cores* in the physical hardware environment made available to or managed by the Program, except for those servers from which the Program has been permanently removed. If using Virtualization Capacity licensing, you must obtain entitlements sufficient to cover all activated processor cores made available to or managed by the Program, as defined according to the Virtualization Capacity License Counting Rules at http://www.ibm.com/software/lotus/passportadvantage/Counting_Software_licenses_using_specific_virtualization_technologies.html.

 

* An Activated processor core is a processor core that is available for use in a physical or virtual server, regardless of whether the capacity of the processor core can be or is limited through virtualization technologies, operating system commands, BIOS settings, or similar restrictions.

 

10.    General Charge Terms.  Processor (not available to new licensees or under the IBM International Passport Advantage or Passport Advantage Express Agreements)

 

Processor is a unit of measure by which the Program can be licensed. Processor (commonly called a processor core or CPU) is a functional unit within a computing device that interprets and executes instructions. A processor consists of at least an instruction control unit and one or more arithmetic or logic units. With multi-core technology, each core is considered a processor. With full capacity licensing, an entitlement must be acquired for all activated processor cores available for use on the server.

 

11.    Program-unique Terms. Each person who is provided Active Report outputs or personalized reports is a user of the Program and must be covered by an entitlement to an appropriate user role.

 

12.    User Roles.  Web Administrators are not authorized to use any of the following components or functions of the Program or Supporting Program:

- IBM Cognos Analysis Studio

- IBM Cognos Business Insight

- IBM Cognos Business Insight Advanced

- IBM Cognos Business Intelligence Transformer

- IBM Cognos Event Studio

- IBM Cognos for Microsoft Office

- IBM Cognos Framework Manager

- IBM Cognos Metrics Designer

- IBM Cognos Metrics Studio

- IBM Cognos Mobile

- IBM Cognos Query Studio

- IBM Cognos Report Studio

- IBM Cognos Virtual View Manager

- IBM Connections

- Receive Reports

 

Professional Authors are not authorized to use any of the following components or functions of the Program or Supporting Program:

- IBM Cognos Administration

- IBM Cognos Analysis Studio

- IBM Cognos Business Intelligence Transformer

- IBM Cognos Event Studio

- IBM Cognos Framework Manager

- IBM Cognos Metric Designer

- IBM Cognos Metric Studio

- IBM Cognos Virtual View Manager

 

Advanced Business Authors are not authorized to use any of the following components or functions of the Program or Supporting Program:

- IBM Cognos Administration

- IBM Cognos Business Intelligence Transformer

- IBM Cognos Event Studio

- IBM Cognos Framework Manager

- IBM Cognos Metric Designer

- IBM Cognos Metric Studio

- IBM Cognos Report Studio

- IBM Cognos Virtual View Manager

 

Enhanced Consumers are not authorized to use any of the following components or functions of the Program or Supporting Program:

- IBM Cognos Administration

- IBM Cognos Analysis Studio

- IBM Cognos Business Insight Advanced

- IBM Cognos Business Intelligence Transformer

- IBM Cognos Event Studio

- IBM Cognos Framework Manager

- IBM Cognos Metric Designer

- IBM Cognos Metric Studio

- IBM Cognos Query Studio

- IBM Cognos Report Studio

- IBM Cognos Virtual View Manager

 

Professional Authors, Advanced Business Authors, and Enhanced Consumers are also permitted to use the following component if you have licensed IBM Cognos Real-time Monitoring:

- IBM Cognos Real-time Monitoring Dashboard

 

 

13.    Supporting Program Details.

 

IBM Connections

- Use Limitations: Unrestricted

 

IBM DB2 Workgroup Server Edition

- Entitlement: Ratio 1/1

- Use Limitations: Use by Principal Program

 

"Ratio n/m" means that you receive some number ('n') entitlements for the Supporting Program for every specified number ('m') entitlements of the Program as a whole. Unless otherwise specified, the number of entitlements for the Supporting Program is rounded up to a multiple of 'n'. For example, if a Program includes 100 PVUs for a Supporting Program for every 500 PVUs obtained of the Program and you acquire 1,200 PVUs of the Program, you may install the Supporting Program and have processor cores available to or managed by it of up to 300 PVUs. Those PVUs would not need to be counted as part of the total PVU requirement for your installation of the Program on account of the installation of the Supporting Program (although those PVUs might need to be counted for other reasons, such as the processor cores being made available to the Program, as well).

 

"Use by Program" means that the Supporting Program is provided exclusively for use by the Program. Neither you nor any application, program or device is authorized to directly use or access the services of the Supporting Program except you may access the Supporting Program to perform administrative functions for the Supporting Program such as backup, recovery and authorized configuration

 

"Unrestricted" means that, notwithstanding the language above, your right to use the Supporting Program is not limited to use only in support of your use of the Program. While the other restrictions on your use of the Supporting Program continue to apply, you may use the Supporting Program for purposes independent of the licensed use of the Program.

 

14.   You must comply with any other terms contained in the licensing files, including NOTICES files, which accompany or are included in the Program.

 


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