IBM Open Source and Third party software policy

IBM Open Source and Third party software policy

Third party software or code is included or bundled with some of our IBM offerings. This code is included for your convenience, but is not considered part of the IBM program. These non-IBM programs are licensed directly by their providers. You agree to use the non-IBM programs under the provider's terms and conditions. These are provided in the IBM licensing agreement which accompanies the IBM offering at time of purchase.

Because this software is included or bundled with our IBM offerings, IBM does testing to ensure the Third Party products will work with IBM programs and function appropriately. Based on this, IBM Software support will diagnose problems concerning customer problems utilizing the knowledge of how our IBM offerings work with the Third Party software. Once we have concluded that the IBM program is working correctly, but the issue still exists, IBM must refer you, the customer, to the Third Party vendor for further diagnosis.

IBM provides these non-IBM programs without any warranties or representation, including, but not limited to, the warranty of non-infringement and the implied warranties of merchantability or fitness for a particular purpose. Under no circumstances will IBM be liable for any direct or indirect damages, including without limitation, lost profits, lost savings, or any incidental, special, or other economic consequential damages, even if IBM is informed of their possibility. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you.

IBM does not possess the in-depth technical skills to diagnose Third Party software problems. We must refer our customers to those Third Party software vendors for technical support when we diagnose the problem is not with IBM Software.

A special case of the above is open source software which may be included as part of the solutions IBM provides. Because this code is owned by the open source community and not by IBM, it will be identified in the license materials or in an attachment to the license materials as "unwarranted". Because the code is not IBM's, there are no expressed or implied warranties or indemnification. However, like the third party software described above, IBM does testing so that we are comfortable our programs will work with the Open Source software and function as they were intended. Like the case of the Third Party software, IBM software support will attempt to diagnose suspected defects using our knowledge of the interaction of IBM code and the open source software. In some cases we may even have the source code and may be able to provide work-arounds for reported problems, however the final arbiter over whether a supported fix can be provided may belong to the open source community (hence, the "unwarranted" designation).

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