IBM eserver pSeries & RS/6000 License Agreement for Machine Code

 Form No.: Z125-5468-01 6/2002
 You accept the terms of this IBM License Agreement for Machine Code
 ("Agreement") by your initial use of a Machine that contains Machine
 Code.
 If you do not agree to the terms of this Agreement, you may return
 Machine Code and the Machine in the same condition in which they were
 delivered to you to the party (either IBM or its reseller) from whom you
 acquired the Machine for a refund of the amount you paid if 1) you are
 the original user and 2) you do so within 15 days of the Machine's
 delivery to you and prior to completion of the first initialization (for
 example, the first initial program load or the first initial microcode
 load) of the Machine.
 The term "Machine Code" means microcode, basic input/output system code
 (called "BIOS"), utility programs, device drivers, and diagnostics
 delivered with an IBM Machine. Machine Code does not include programs and
 code provided under separate license agreements, including but not
 limited to open source license agreements. Acceptance of these license
 terms authorizes you to use Machine Code with the specific product for
 which it is provided.
 The term "Machine" means an IBM machine, its features, conversions,
 upgrades, elements or accessories, or any combination of them.
 A Machine may include computing resources or capabilities that are to
 remain inactive, or whose use is restricted, until the right to access
 and use the resources or capabilities is acquired from IBM (called
 "Built-in-Capacity"). Examples of such computing resources and
 capabilities include but are not limited to processors, memory, storage,
 processing capacity identified as interactive processing capacity, and
 workload specific resources or capabilities (such as a specific operating
 system, programming language or application to which use of the Machine
 is limited).
 International Business Machines Corporation or one of its subsidiaries
 (collectively "IBM") owns copyrights in Machine Code or has the right to
 license Machine Code. IBM or a third party owns all copies of Machine
 Code, including all copies made from them. IBM licenses Machine Code to
 only one rightful possessor at a time.
 If you are the rightful possessor of a Machine, IBM grants you a
 nonexclusive license to use Machine Code on, or in conjunction with, only
 the Machine for which IBM provided it, and only to the extent of IBM
 authorizations you have acquired for access to and use of
 Built-in-Capacity. If your use of Built-in-Capacity exceeds the IBM
 authorizations you have acquired for the Machine, you agree to pay IBM
 for the full price of permanent, unrestricted use of the
 Built-in-Capacity at IBM's then current price. You are not authorized to
 use such Built-in-Capacity until such payment is made.
 Under each license, IBM authorizes you to do only the following:


   1. execute Machine Code to enable the Machine to function according to
      its Official Published Specifications (called "Specifications") and
      to use only the Built-in-Capacity for which you are authorized and
      for which payment is received by IBM;
   2. make a reasonable number of copies of Machine Code to be used solely
      for backup or archival purposes, provided you reproduce the
      copyright notice and any other legend of ownership on any such
      copies. You may use the copies only to replace the original, when
      necessary; and
   3. execute and display Machine Code as necessary to maintain the
      Machine.
 You agree to acquire any replacement for, or additional copy of, Machine
 Code directly from IBM in accordance with IBM's standard policies and
 practices. You also agree to use that Machine Code under these terms.
 You may transfer possession of Machine Code and its media to another
 party only with the transfer of the Machine on which Machine Code is
 authorized. If you do so, you must 1) destroy all your copies of Machine
 Code that were not provided by IBM, 2) either give the other party all
 your IBM-provided copies of Machine Code or destroy them, and 3) give the
 other party a copy of these terms and provide all user documentation to
 that party. IBM licenses the other party when it accepts these terms.
 These terms apply to all Machine Code you acquire from any source.
 Your license for Machine Code terminates when you no longer rightfully
 possess the Machine.
 No other rights under this license are granted.
 You agree to use Machine Code only as authorized above. You may not do,
 for example, any of the following:

   1. otherwise copy, display, transfer, adapt, modify, or distribute
      (electronically or otherwise) Machine Code, except as IBM may
      authorize in a Machine's user documentation or in writing to you;
   2. reverse assemble, reverse compile, or otherwise translate Machine
      Code, unless expressly permitted by applicable law without the
      possibility of contractual waiver;
   3. sublicense or assign the license for the Machine Code; or
   4. lease Machine Code or any copy of it.
      Built-in-Capacity is protected by certain technological
      measures in Machine Code. As a condition of your license to use
      Machine Code under this Agreement, you may not circumvent such
      technological measures, or use a third party or third party
      product to do so, or otherwise access or use unauthorized
      Built-in-Capacity. In the event IBM determines that changes are
      necessary to the technological measures designed to limit
      access to, or use of, Built-in-Capacity to that which has been
      authorized, IBM may provide you with changes to such
      technological measures. As a condition of your license to use
      Machine Code under this Agreement, you agree, at IBM's option,
      to apply or allow IBM to apply such changes.

      The terms of IBM's Statement of Limited Warranty (Z125-4753),
      which is incorporated into this Agreement by reference, apply
      to Machine Code. Please refer to that warranty for any
      questions or claims regarding performance or liability for
      Machine Code.

      If there is a conflict between the terms of this Agreement and
      those of any other agreement for Machine Code, the terms of
      this Agreement prevail to the extent of the conflict, unless
      otherwise expressly provided in the other agreement.