LICENSE INFORMATION

The "Program" listed below are licensed under the following terms and conditions in addition to those of the HCL Master License Agreement ("MLA").

Program Name: HCL BigFix Platform 10.0

Limited use right

As described in the MLA available at: https://www.hcltechsw.com/wps/portal/resources/master-agreements and this License Information document, HCL grants Licensee a limited right to use the Program. Program may also be referenced as the "Principal Program " herein. 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. HCL 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, and Product License Information Documents.

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.

Supporting Programs

The Program is licensed as a multi-product package and includes the Supporting Programs identified below. Licensee is authorized to install and use such Supporting Programs only to support Licensee's use of the Principal Program under this MLA, License Information document, and within the limits of the Proofs of Entitlement for the Program (unless broader rights are provided elsewhere in this License Information document). The phrase "to support Licensee's use" would include only those uses that are necessary or otherwise directly related to a licensed use of the Principal Program or another Supporting Program. The Supporting Programs may not be used for any other purpose. Licensee is not authorized to transfer or remarket the Supporting Programs separate from the Principal Program. A Supporting Program may be accompanied by license terms, and those terms, if any, apply to Licensee's use of that Supporting Program. In the event of conflict, the terms in this License Information document supersede the Supporting Program's terms. When Licensee's right to use the Program expires or terminates, Licensee must discontinue use, destroy or promptly return all copies of the Supporting Programs to the party from whom Licensee acquired the Program. If Licensee downloaded the Supporting Programs, Licensee should contact the party from whom Licensee acquired the Program. If Licensee wishes to license the Supporting Programs for any use beyond the limits set forth above, please contact an HCL Sales Representative or the party from whom Licensee acquired the Program to obtain the appropriate license.

The following are Supporting Programs licensed with the Program:

IBM DB2 Standard Edition 11

Components Used for Establishing Required Entitlements

When determining the number of entitlements required for Licensee's installation or use of the Program, the installation or use of only the following Program components are taken into consideration. In other words, Licensee may install and use Program components other than those listed below, under the license terms, but only the listed components are used to determine the number of entitlements required for the Program.

HCL BigFix Platform Agent - when determining the number of entitlements required for Containers, there is no BigFix Agent installed and only the Active Container calculation will be used.

Privacy

Licensee acknowledges and agrees that HCL may use cookie and tracking technologies to collect personal information in gathering product usage statistics and information designed to help improve user experience and/or to tailor interactions with users in accordance with the HCL Privacy Statement, available at: https://www.hcltech.com/privacy-statement.

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.

Client Device

Client Device is a unit of measure by which the Program can be licensed. A Client Device is a single user computing device or special purpose sensor or telemetry device that requests the execution of or receives for execution a set of commands, procedures, or applications from or provides data to another computer system that is typically referred to as a server or is otherwise managed by the server. Multiple Client Devices may share access to a common server. A Client Device may have some processing capability or be programmable to allow a user to do work. Examples include, but are not limited to actuators, appliances, automated teller machines, automatic meter readers, cash registers, disk drives, desktop computers, kiosks, notebook computers, personal digital assistant, point-of-sale terminals, sensors, smart meters, tape drives, and technical workstations. Licensee must obtain entitlements for every Client Device which runs, provides data to, uses services provided by, or otherwise accesses the Program and for every other computer or server on which the Program is installed.

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.

Active Container

Active Container is a unit of measure by which the Program can be licensed. A container image is a ready-to-run software package, containing everything needed to run an application: the code and any runtime it requires, application and system libraries, and default values for any essential settings. A container instance is the set of virtualized resources (computation, memory, storage, networking, etc...) required to run a container workload based on a container image in a container management environment (for example Kubernetes). As container instances may be running (active) or not running (inactive), an active container is a measurement of running container workloads. Determination of current active containers can be performed by directly utilizing the container management environment (such as kubectl in Kubernetes) or through utilizing the Program (which will utilize the container management environment), measuring once every 24 hours during normal usage times (to minimize performance impacts to the environment) and averaged over 30 days (to avoid licensing sudden usage spikes). Licensee must obtain Active Container entitlements for each active container managed by the Program.

Resource Value Unit (RVU)

Resource Value Unit (RVU) is a unit of measure by which the Program can be licensed. RVU Proofs of Entitlement are based on the number of units of a specific resource used or managed by the Program. Licensee must obtain sufficient entitlements for the number of RVUs required for Licensee's environment for the specific resources as specified in the table below. RVU entitlements are specific to the Program and the type of resource and may not be exchanged, interchanged, or aggregated with RVU entitlements of another program or resource.

Instead of the entitlements required for the Resources used by the Program directly, Licensee must obtain entitlements for this Program sufficient to cover the Resources managed by the Program.

For devices running on a cloud, Customer may license devices with Resource Value Unit (RVU) or Managed Virtual Server (MVS) metrics. If utilizing the RVU model, RVUs will be calculated on cloud devices by determining the number of Virtual CPUs being utilized.  The total number of Virtual CPUs on cloud devices will then be calculated to determine the number of RVUs required.

General Charge Terms

The Resources for the purpose of the RVU calculation are Activated Processor Cores managed by the Program. 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. Licensee can deploy the Program using either Full Capacity licensing or the customer may instead license each Virtual Machine instance that is managed by the Program by using the Managed Virtual Server metric.  Full Capacity licensing is defined as licensing for each Activated Processor Core in the physical hardware environment managed by the Program.

From 1 to 2,500 Resources, 1.0 RVU per Resource
From 2,501 to 10,000 Resources, 2,500 RVUs plus 0.8 RVUs per Resource above 2,500
From 10,001 to 50,000 Resources, 8,500 RVUs plus 0.6 RVUs per Resource above 10,000
From 50,001 to 150,000 Resources, 32,500 RVUs plus 0.4 RVUs per Resource above 50,000
For more than 150,000 Resources, 72,500 RVUs plus 0.2 RVUs per Resource above 150,000

Program-unique Terms

The following are some additional terms that apply to the Program.

1. Definitions.

"Content" means the specific policy information, analyses, tools, dashboards and reports applicable to the particular Program features and capabilities that are licensed by Licensee.

"Content Site" means a site from which HCL delivers Content.

"Editable Content" means Content that HCL allows Licensee to copy and edit via the Program's user interface, API's or otherwise.

2. Access to Content Site; Editable Content. Subject to all of the terms and conditions hereunder and of the MLA and this License Information document, Licensee is hereby entitled to: (a) use the applicable Program features and capabilities and (b) to receive the associated Software Subscription and Support services ("Support"). HCL grants Licensee a non-exclusive, non-sub-licensable, non-transferable right to: (i) access the Content Site relevant to such features and capabilities in accordance with the procedures and policies set forth in the applicable documentation, (ii) copy and modify Editable Content, and (iii) use the copied and modified Content applicable to such Program features and capabilities up to Licensee's Authorized Use, in all cases solely for Licensee's internal business purposes and solely in accordance with the relevant documentation. Such rights granted to Licensee as set forth above may be revoked in the event Licensee has allowed Support to lapse.  Licensee is solely responsible for any modifications that Licensee makes to the Content and assumes all risks and responsibility therefore. HCL and its suppliers have and will retain all rights, title and interest in and to the Content (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) and all copies, modifications and derivative works thereof.

3. Transmission of Information by the Program. Licensee understands and acknowledges that the Program contains a feature that sends information about the technical operation of the Program on Licensee's computer systems to HCL. Such information will include the serial number of the Program deployment, and the relevant IP addresses. This information is used to authorize the download of BigFix Automation Content to the Licensee's on-premises location.

4. Supporting Program Details - IBM DB2

- Use Limitations: Use by Principal Program

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