Effective July 22, 2024

This Documentation provides important Product-specific information that supplements the terms at https://www.cloud.com/legal/terms as well as other Product Documentation for the following Products: 

ibi™ Analytics

ibi™ Mainframe

ibi™ Data Intelligence

Cloud Computing Environment

“Cloud Computing Environment” means a virtual, cloud-based networking solution managed / maintained by a third-party cloud service provider on behalf of Customer, including Cloud Machine Instances, and offered to the public for use and purchase.

As part of an active entitlement to the Products listed in this Documentation,Customer has the right to deploy such Software into a Cloud Computing Environment. Customer shall (i) ensure that any third-party provided Cloud Computing Environment does not grant access to the Software to any party except for Customer, (ii) be responsible for monitoring any third-party provider's hosting of Software, including compliance with the license terms and (iii) be responsible for any violations of the Agreement by a third-party provider. 

Definitions

“Anonymous User,” also known as public user, is the type of user who does not need authentication or personalization in the ibi™ WebFOCUS® product. This type of user can list and run resources located in the WFC/Repository/Public folder, but has no other privileges, such as the ability to create or edit resources.

"Application Instance" means a single instance of an application for each component listed in the Metrics for Usage Reports table for ibi Products. For applications deployed to a container-based PaaS platform such as Kubernetes, OpenShift and similar Docker/Kubernetes based container platforms and cloud services, “Application Instance” means a single instance of an application running inside a container.

“Author User” creates and publishes content via ibi WebFOCUS Designer, ibi WebFOCUS App Studio, or ibi WebFOCUS InfoAssist.

“Disconnected User” means a consumer of ibi™ WebFOCUS® content (reports, charts, dashboards) who can access the content that is shared with them via email, FTP, or another distribution method. Viewing or accessing this content does not require them to log in to a portal or repository.

“Each” means unlimited usage of the Software subject to the terms in this Documentation.

“Embedded User” is a user accessing an application or offering built with or integrating with ibi™ WebFOCUS® or ibi™ WebFOCUS® Cloud, including through a service account. An Embedded User is authenticated, but not named within WebFOCUS. This type of user can run resources made available to them through their provider, but does not have the ability to create or edit resources of their own. They also cannot utilize functionalities that are available only to Named Users, like portal customizations, recents, and favorites.

"MSU" means Millions of Service Units per hour, based on the then current MSU rating established by IBM for IBM and IBM compatible hardware which is used for software pricing (not necessarily a direct indication of relative processor capacity) as set forth in IBM's generally available Large System Performance Reference. MSUs measures hardware performance and is specifically used for Software pricing executing on IBM Z hardware.

“Named User” is a consumer or author of ibi™ WebFOCUS® content (e.g., a user who runs reports from a dashboard/portal user interface or creates and publishes content).

"ProdPlus" means a License Type for the Product which allows deployment in Production or Non-Production environments. This definition does not apply to the ibi Address Service Products .

“ProdPlus” means, for ibi Address Service Products only,  a License Type for the Software, which includes 1 Unit of Production or Hot Standby, 4 Units of Test, and unlimited number of Developers and Units of Warm or Cold Standby. 

“Reporting Period” means each 12-month period within the Customer’s Subscription Term.  

"Module" means Software that is licensed to add functionality or capabilities in conjunction with an underlying Software product and may only be used in conjunction with the relevant underlying Software product. So long as Customer holds a valid license in the underlying Software product, Customer may use a reasonable number of copies of the Module to support the same business as the underlying Software product, but subject to any applicable site, Project or other business limitations or restrictions applicable to the underlying Software product. Customer’s right to utilize Modules shall terminate automatically upon termination of the license in the underlying Software product.

Product-Specific Guidelines

ibi Products Bill of Materials

ibi Products comprises software obtained through eDelivery.

eDelivery Bill of Materials

Reporting Requirements 

During the Term of a Customer’s Subscription to these Products, (as well as any licensed ibi Add-on Product/s) the Customer shall provide Company with a written notice certifying the quantities deployed at the end of each Reporting Period for each Component in the table below (the “Usage Report”). For each Component, the Usage Report shall include the quantities at the end of the reporting period, or cumulative as identified in the table below, of the Usage Metric listed and the License Type of deployment environment (Development, Test, or Production).

Customer shall submit each Usage Report within 60 days after the Reporting Period has ended, with the exception of the Usage Report for the final Reporting Period covered in the Customer’s Subscription Term:

• The final Usage Report shall be due 90 days before the end of the Reporting Period

• The final Usage Report shall only cover the first 8 months of the Reporting Period 

Metrics for Usage Reports

**These metrics can change with 6 months notice.

Additional Terms and information for ibi Address Service Offerings

Address Service - List of Countries

Western Europe Region:

Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Gibraltar, Greece, Greenland, Iceland, Ireland, Italy Luxembourg, Malta, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom

Asia Pacific Region:

Arctic, Australia, New Zealand, Pacific Other

Asia Region:

Brunei, Darussalam, China, Hong Kong, Indonesia, India, Japan, South Korea, Sri Lanka, Macau, Malaysia, Nepal, Pakistan, Philippines, Singapore, Thailand, Taiwan, Viet Nam

Central America and Caribbean Region:

Aruba, Bahamas, St. Bart’s, Belize, Costa Rica, Cuba, Cayman Islands, Dominican Republic, Guadeloupe, Guatemala, Honduras, Jamaica, Saint Kitts And Nevis, Mexico, Martinique, Nicaragua, Panama, El Salvador, Trinidad And Tobago, Saint Vincent And The Grenadines

Eastern Europe Region:

Albania, Azerbaijan, Bulgaria, Bosnia & Herzegovina, Belarus, Czech Republic, Estonia, Georgia, Croatia, Hungary, Kazakhstan, Lithuania, Latvia, Moldova, Macedonia, Montenegro, Poland, Romania, Russia, Serbia / Kosovo, Slovakia, Slovenia, Turkey, Ukraine

Africa and Middle East Region:

Algeria, Angola, Bahrain, Botswana, Burundi, Cote D'Ivoire, Egypt, Ghana, Guinea, Iraq, Israel, Jordan, Kenya, Kuwait, Lebanon, Lesotho, Libya, Malawi, Maldives, Morocco, Mozambique, Namibia, Oman, Qatar, Saudi Arabia, South Africa, South Sudan, Sudan, Swaziland, Syria, Tanzania, Togo, Uganda, United Arab Emirates, Yemen, Zambia, Zimbabwe

South America Region:

Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, French Guiana, Guyana, Peru, Paraguay, Suriname, Uruguay, Venezuela

Other countries:

Afghanistan, Aland Islands, Albania, Algeria, American Samoa, Andorra, Angola, Anguilla, Antarctica, Antigua and Barbuda, Argentina, Armenia, Aruba, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Bouvet Island, Brazil, British Virgin Islands, British Indian Ocean Territory, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Cayman Islands, Central African Republic, Chad, Chile, China, Hong Kong, SAR China, Macao, SAR China, Christmas Island, Cocos (Keeling) Islands, Colombia, Comoros, Congo (Brazzaville), Congo, (Kinshasa), Cook Islands, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Falkland Islands (Malvinas), Faroe Islands, Fiji, Finland, French Guiana, French Polynesia, French Southern Territories, Gabon, Gambia, Georgia, Ghana, Gibraltar, Greece, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana, Haiti, Heard and Mcdonald Islands, Holy See (Vatican City State), Honduras, Hungary, Iceland, Indonesia, Iran, Islamic Republic of, Iraq, Ireland, Isle of Man, Israel, Italy, Jamaica, Jersey, Jordan, Kazakhstan, Kenya, Kiribati, Korea (North), Korea (South), Kuwait, Kyrgyzstan, Lao PDR, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Macedonia, Republic of, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Micronesia, Federated States of, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, Netherlands Antilles, New Caledonia, New Zealand, Nicaragua, Niger, Nigeria, Niue, Norfolk Island, Northern Mariana Islands, Oman, Pakistan, Palau, Palestinian Territory, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Pitcairn, Poland, Portugal, Puerto Rico, Qatar, Réunion, Romania, Russian Federation, Rwanda, Saint-Barthélemy, Saint Helena, Saint Kitts and Nevis, Saint Lucia, Saint-Martin (French part), Saint Pierre and Miquelon, Saint Vincent and Grenadines, Samoa, San Marino, Sao Tome and Principe, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, South Georgia and the South Sandwich Islands, South Sudan, Spain, Sri Lanka, Sudan, Suriname, Svalbard and Jan Mayen Islands, Swaziland, Sweden, Switzerland, Syrian Arab Republic (Syria), Taiwan, Republic of China, Tajikistan, Tanzania, United Republic of, Thailand, Timor-Leste, Togo, Tokelau, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, Ukraine, United Arab Emirates, Uruguay, Uzbekistan, Vanuatu, Venezuela (Bolivarian Republic), Viet Nam, Virgin Islands, Wallis and Futuna Islands, Western Sahara, Yemen, Zambia, Zimbabwe

APPENDIX 1

ibi™ Address Service Offerings

The LOQATE Software is provided for personal, internal use only and not for resale. It is protected by copyright, and is subject to the following terms and conditions which are agreed to by you on the one hand, and Cloud Software Group, Inc.. (“Licensor”), including its licensors and suppliers on the other hand.

Terms and Conditions

Business Use Only: You agree to use LOQATE Software together with authorized Software products of Licensor solely for the business purposes for which you were licensed. Accordingly, but subject to the restrictions set forth in the following paragraphs, you agree not to otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of the Software, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.

Restrictions: You may not access the Software in real-time with any products, systems, or applications that perform real-time vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications.

Warning:  The Data may contain inaccurate or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results.

No Warranty: The Data provided to you "as is," and you agree to use it at your own risk. Licensor and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error- free.

Disclaimer of Warranty: LICENSOR AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states, territories and countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.

Disclaimer of Liability: LICENSOR AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF LICENSOR OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states, territories and countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.

Export Control: You shall not export from anywhere any part of the Software or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations, including but not limited to the laws, rules and regulations administered by the Office of Foreign Assets Control of the U.S. Department of Commerce and the Bureau of Industry and Security of the U.S. Department of Commerce. To the extent that any such export laws, rules or regulations prohibit Licensor from complying with any of its obligations hereunder to deliver or distribute Software, such failure shall be excused and shall not constitute a breach of this Agreement.

Additional Terms- Capture: The use of third party data and/or technology incorporated into LOQATE Capture Datasets are subject to the following terms- https://www.gbgplc.com/en/legal-and-regulatory/additional-terms/captureplus/

Additional Terms- Verify: The use of third party data and/or technology incorporated into LOQATE Verify are subject to the following terms- https://www.gbgplc.com/en/legal-and-regulatory/additional-terms/verify/