Common use of Programs in a Virtualization Environment Clause in Contracts

Programs in a Virtualization Environment. (Sub-Capacity Licensing Terms) EPs that meet the operating system, processor technology, and virtualization environment requirements for Sub-Capacity usage may be licensed under Sub-Capacity Licensing terms (an Eligible Sub-Capacity Product); see xxxxx://xxx.xxx.xxx/software/passportadvantage/subcaplicensing.html. Product deployments that cannot meet Sub-Capacity Licensing requirements must be licensed using Full Capacity terms. PVU-based licenses for Eligible Sub-Capacity Products must be acquired for the total number of Processor Value Units (PVUs) associated with the virtualization capacity available to the Eligible Sub-Capacity Product as measured at xxxxx://xxx.xxx.xxx/software/howtobuy/passportadvantage/valueunitcalculator/vucalc.wss. Prior to an increase in an Eligible Sub-Capacity Product’s virtualization capacity, Client must first acquire sufficient licenses, including IBM Software Subscription and Support, if applicable, to cover that increase. If at any time IBM becomes aware of circumstances indicating that Client is not operating all or a portion of Client's environment in accordance with applicable Sub-Capacity Licensing requirements, IBM may declare Client’s Enterprise, or any applicable portion of Client’s Enterprise, ineligible for Sub-Capacity Licensing and will provide Client with notice of any such determination. Client shall have 30 days to provide IBM information sufficient for IBM to determine that Client is in full compliance with the applicable Sub-Capacity Licensing requirements, in which case IBM shall withdraw its determination of ineligibility. Otherwise, Client agrees to acquire sufficient additional licenses and IBM Software Subscription and Support entitlements necessary for full capacity usage within the identified Client environment at then current prices.

Programs in a Virtualization Environment. (Sub-Capacity Licensing Terms) EPs that meet the operating system, processor technology, and virtualization environment requirements for Sub-Capacity usage may be licensed under Sub-Capacity Licensing terms (an Eligible Sub-Capacity Product); see xxxxx://xxx.xxx.xxx/software/passportadvantage/subcaplicensing.html. Product deployments that cannot meet Sub-Capacity Licensing requirements must be licensed using Full Capacity terms. PVU-based licenses for Eligible Sub-Capacity Products must be acquired for the total number of Processor Value Units (PVUs) associated with the virtualization capacity available to the Eligible Sub-Sub- Capacity Product as measured at xxxxx://xxx.xxx.xxx/software/howtobuy/passportadvantage/valueunitcalculator/vucalc.wss. Prior to an increase in an Eligible Sub-Capacity Product’s 's virtualization capacity, Client must first acquire sufficient licenses, including IBM Software Subscription and Support, if applicable, to cover that increase. If at any time IBM becomes aware of circumstances indicating that Client is not operating all or a portion of Client's environment in accordance with applicable Sub-Capacity Licensing requirements, IBM may declare Client’s 's Enterprise, or any applicable portion of Client’s 's Enterprise, ineligible for Sub-Capacity Licensing and will provide Client with notice of any such determination. Client shall have 30 days to provide IBM information sufficient for IBM to determine that Client is in full compliance with the applicable Sub-Capacity Licensing requirements, in which case IBM shall withdraw its determination of ineligibility. Otherwise, Client agrees to acquire sufficient additional licenses and IBM Software Subscription and Support entitlements necessary for full capacity usage within the identified Client environment at then current prices.

Programs in a Virtualization Environment. (Sub-Capacity Licensing Terms) EPs that meet the operating system, processor technology, and virtualization environment requirements for Sub-Capacity usage may be licensed under Sub-Capacity Licensing terms (an Eligible Sub-Capacity Product); see xxxxx://xxx.xxx.xxx/software/passportadvantage/subcaplicensing.html. Product deployments that cannot meet Sub-Capacity Licensing requirements must be licensed using Full Capacity terms. PVU-based licenses for Eligible Sub-Capacity Products must be acquired for the total number of Processor Value Units (PVUs) associated with the virtualization capacity available to the Eligible Sub-Capacity Product as measured at xxxxx://xxx.xxx.xxx/software/howtobuy/passportadvantage/valueunitcalculator/vucalc.wss. Prior to an increase in an Eligible Sub-Capacity Product’s virtualization capacity, Client Customer must first acquire sufficient licenses, including IBM Software Subscription and Support, if applicable, to cover that increase. If at any time IBM becomes aware of circumstances indicating that Client Customer is not operating all or a portion of ClientCustomer's environment in accordance with applicable Sub-Capacity Licensing requirements, IBM may declare ClientCustomer’s Enterprise, or any applicable portion of ClientCustomer’s Enterprise, ineligible for Sub-Capacity Licensing and will provide Client Customer with notice of any such determination. Client Customer shall have 30 days to provide IBM information sufficient for IBM to determine that Client Customer is in full compliance with the applicable Sub-Capacity Licensing requirements, in which case IBM shall withdraw its determination of ineligibility. Otherwise, Client Customer agrees to acquire sufficient additional licenses and IBM Software Subscription and Support entitlements necessary for full capacity usage within the identified Client Customer environment at then current prices. The reporting tool for Sub-Capacity Licensing requirements is the IBM License Metric Tool. Use of ILMT for Sub-Capacity Licensing requires 1) installation and configuration the IBM License Metric Tool (“ILMT”) within 90 days of first use of an eligible sub-capacity product in an eligible virtualization environment (or comply with the manual usage tracking requirements if you qualify for such an exception); and 2) production, on a quarterly basis, ILMT reports, retain such reports for at least two years. ILMT reports are interpretable by persons of ordinary software asset management skills.

Programs in a Virtualization Environment. (Sub-Capacity Licensing Terms) EPs that meet the operating system, processor technology, and virtualization environment requirements for Sub-Capacity usage may be licensed under Sub-Capacity Licensing terms (an Eligible Sub-Capacity Product); see xxxxx://xxx.xxx.xxx/software/passportadvantage/subcaplicensing.html. Product deployments that cannot meet Sub-Capacity Licensing requirements must be licensed using Full Capacity terms. PVU-based licenses for Eligible Sub-Capacity Products must be acquired for the total number of Processor Value Units (PVUs) associated with the virtualization capacity available to the Eligible Sub-Capacity SubCapacity Product as measured at xxxxx://xxx.xxx.xxx/software/howtobuy/passportadvantage/valueunitcalculator/vucalc.wss. Prior to an increase in an Eligible Sub-Capacity Product’s 's virtualization capacity, Client must first acquire sufficient licenses, including IBM Software Subscription and Support, if applicable, to cover that increase. If at any time IBM becomes aware of circumstances indicating that Client is not operating all or a portion of Client's environment in accordance with applicable Sub-Capacity Licensing requirements, IBM may declare Client’s 's Enterprise, or any applicable portion of Client’s 's Enterprise, ineligible for Sub-Capacity Licensing and will provide Client with notice of any such determination. Client shall have 30 days to provide IBM information sufficient for IBM to determine that Client is in full compliance with the applicable Sub-Capacity Licensing requirements, in which case IBM shall withdraw its determination of ineligibility. Otherwise, Client agrees to acquire sufficient additional licenses and IBM Software Subscription and Support entitlements necessary for full capacity usage within the identified Client environment at then current prices.