Standard license entitlements, restrictions, and units of measurement

Review the standard license entitlements, restrictions, and units of measure for this product or solution offering. Licensing terms and conditions in your contract take precedence over any published description from this site. License entitlements are subject to change.

I. PRODUCTS

A. GENERAL DEFINITIONS

The following definitions apply to the Order and this content.

“ Affiliate ” is an entity that controls, is controlled by or shares common control with BMC or Customer, where such control arises from the legal power to direct or cause the direction of the general management and policies of the company, partnership or legal entity.

“ Capacity ” is the amount of each Subscription Service and/or Platform Services provided as established in the Order.

“ Cloud Environment ” means a shared pool of configurable computing resources (e.g., networks, servers, storage, applications and services) managed so they behave as if they were one computer.

“ Cloud Service Provider ” is an entity that provides Cloud Services to Clients under agreements pursuant to transactions for which the Cloud Service Provider is compensated.

“ Cloud Services ” means the dynamic provisioning of IT resources as a service, where typically the Cloud infrastructure is shared across multiple tenants, and tenants are billed on a utility/subscription basis for what they use. Examples of Cloud Services include Infrastructure as a Service (IaaS), Platform as a Service (PaaS), and Software as a Service (SaaS).

“ Computer ” or “ Server ” has the meaning generally given within the computer industry, which is a single machine, whether a central processing unit, such as a mainframe machine, or a distributed systems machine, such as a Unix or Intel based server. A mainframe machine would be an individual mainframe computer having single or multiple processors or engines. For purposes of distributed systems machines a Computer or Server may be physical or virtual.

“ Documentation ” means the technical publications relating to the software, such as release notes, license entitlement descriptions, reference, user, installation, systems administrator and technical guidelines, included with the Product.

“ Enterprise ” is the environment consisting of all hardware owned or leased by a Customer, or by a Client respectively, in the Territory.

“ Licensed Capacity ” is the amount of each Product licensed as established in the Order. For licenses based on the power of a computer, Customer agrees to use BMC's then current computer classification scheme, which will be provided upon request.

“ MSU to MIPS ratio ” Both parties have agreed to use the IBM MSU (Millions of Service Units per Hour) unit of measurement for the purposes of this Order, in order to closely align to the mainframe platform licensing model, associated baselines and to simplify reporting. BMC has based its conversion on its ‘per MSU (consumption) model’ on an 8.2 MIPS to 1 MSU ratio based on the mainframe models in use at the time of this Order. For clarity, the ratio is derived by dividing the specific mainframe model Gartner MIPS rating, by the IBM MSU rating. Where multiple different models exist the ratio would be the average of all models. For the avoidance of doubt, there is no further conversion required during the Term, however both parties agree to negotiate this ratio in good faith for any extension or future order, should future IBM mainframe models deviate substantially from this ratio.

II. LICENSE RESTRICTIONS

The following restrictions apply to certain Products as they are named today or may be named in the future.

BMC AMI Storage IAM Notwithstanding anything in the Unit of Measure definition to the contrary, Customer may not use the IBM PR/SM Sysplex or Datasharing architecture capabilities by using the Product to derive benefit on another Computer for which such Product is not licensed. For Example: A Product licensed to run on Computer "A" within a Sysplex cannot execute on data (e.g. load, unload, copy, reorg, recover, tuning, monitoring...) that is derived from any other unlicensed Computer within the Sysplex environment.  Likewise, Customer cannot use data processed by the Product licensed to run on a Computer "A" on any unlicensed Computer in such Sysplex. If Customer uses Sysplex or Datasharing capabilities to extend benefit of a Product beyond the Computer for which it is licensed, then prior to such use, Customer must license any additional Capacity for the Computer(s) within the Sysplex or that take part in Datasharing.

BMC Application Automation – License Add-on : Excludes use of BladeLogic agent for server compliance, remediation, configuration, patching, and provisioning tasks.

BMC Application Release Automation : Excludes use of BMC agent for server compliance, remediation, configuration, patching, and provision tasks.

BMC Capacity Management for Mainframes : Any BMC Capacity Management for Mainframes Product and/or any BMC Performance Analyzer for Mainframes, BMC Performance Predictor for Mainframes, BMC Performance Perceiver for Mainframes, BMC Performance Analyzer for Mainframe Applications and other related products that may be released as part of the BMC Capacity Management for Mainframes must be licensed for all Computer(s) within the mainframe environment for which the Product or one of its components will process data or execute functionality on behalf of, regardless of whether the Product or one of its components is specifically installed on that Computer. The Products may be installed on or moved to any Computer(s) included in the licensed environment.

BMC AMI DevX Code Pipeline : BMC AMI DevX Code Pipeline includes one LPAR. If additional LPARS are needed, they must be licensed separately. “ LPAR ” means license is required for each LPAR connection to the Server upon which the Product or any of its components is installed.

BMC Database Automation : Excludes the use of the BMC Database Automation agent for multiple operations. Once the agent is registered within the console and a job has been executed against the target, the Product license has been consumed.

BMC Database Automation – License Add-on : Excludes the use of the BMC Database Automation agent for multiple operations. Once the agent is registered within the console and a job has been executed against the target, the Product license has been consumed.

BMC Digital Workplace Advanced :

• Each BMC Digital Workplace Advanced user can access an unlimited number of Device Endpoints per user license purchased. A “Device Endpoint” is a personal digital assistant, smart-phone, tablet, laptop, desktop workstation or similar computing device.
• Connectors. Any third party Connector (as defined below) distributed by BMC for use with BMC Digital Workplace Advanced is hereby excluded from the defined term “BMC Subscription Service”. Any such third party Connectors are governed by the terms provided with the Connectors and are specifically excluded from this Agreement. For the purposes of this provision, the term “ Connector ” means software code that integrates a third party’s product with a BMC Subscription Service.
• Licenses. With respect to third party licenses that Customer requests via BMC Digital Workplace to be provisioned, Customer is solely responsible for: (i) the number of licenses it has licensed from a third party, and (ii) the amounts payable for such licenses. Any license provisioning information provided by BMC Digital Workplace is established solely by the information entered into BMC Digital Workplace by Customer, and is provided “as is” for the convenience of the user. Customer is responsible for monitoring its internal license usage of each third party license, and such third party license’s usage and license compliance is governed by the terms of the agreement entered into between Customer and the third party licensor.
• Customer must migrate all existing BMC Digital Workplace Basic Capacity it has purchased to BMC Digital Workplace Advanced.

BMC Digital Workplace Basic : Each BMC Digital Workplace Basic user may only use the product on up to three Device Endpoints per user license purchased. A “ Device Endpoint ” is a personal digital assistant, smart-phone, tablet, laptop, desktop workstation or similar computing device. An additional user license is required for every 3 devices registered by a unique named user. Should Customer subscribe to BMC Digital Workplace Advanced, Customer must migrate all existing BMC Digital Workplace Basic Capacity it has purchased to BMC Digital Workplace Advanced.

BMC Discovery for Data Center – Red Hat Edition : BMC Discovery for Data Center - Red Hat Edition includes Red Hat Enterprise Linux. Customer’s use of and access to the Red Hat Enterprise Linux as part of BMC Discovery for Data Center – Red Hat Edition is governed by the Red Hat Enterprise Linux and Red Hat Applications End User License Agreement, the terms of which are incorporated into this Order and a copy of which may be viewed at www.redhat.com/licenses/eulas.

BMC Helix Business Workflows :

• BMC Helix Portfolio Management. A license to BMC Helix Business Workflows entitles Customer access to BMC Helix Portfolio Management for up to the number of named users for use exclusively in connection with the development, non-production use of the Product.

BMC Helix Continuous Optimization OnPrem : Any BMC Helix Continuous Optimization OnPrem product for distributed systems environments can be reassigned for the same asset type (i.e., sever endpoint, network device, serverless asset, storage) over time to other assets types provided data is no longer stored in the Product repositories. For the avoidance of doubt, for migration use cases, any or all data associated to a workload can be preserved in the Product repositories without incurring an additional license fee as long as the same workload is utilized across the assets. Unless the Customer has purchased additional licenses, each virtual machine deployed as either a Kubernetes Worker node or a Cloud Foundry Diego Cell can support up to 20 containers and will be counted as 1 Server Endpoint under the unit of measure for this Product.

BMC Helix Digital Workplace – Advanced:

• Each BMC Digital Workplace Advanced user can access an unlimited number of Device Endpoints per user license purchased. A “ Device Endpoint ” is a personal digital assistant, smart-phone, tablet, laptop, desktop workstation or similar computing device.
• Connectors. Any third party Connector (as defined below) distributed by BMC for use with BMC Digital Workplace Advanced is hereby excluded from the defined term “BMC Subscription Services”. Any such third party Connectors are governed by the terms provided with the Connectors and are specifically excluded from this Agreement. For the purposes of this provision, the term “Connector” means software code that integrates a third party’s product with a BMC Subscription Service.
• Licenses. With respect to third party licenses that Customer requests via BMC Digital Workplace to be provisioned, Customer is solely responsible for: (i) the number of licenses it has licensed from a third party, and (ii) the amounts payable for such licenses. Any license provisioning information provided by BMC Digital Workplace is established solely by the information entered into BMC Digital Workplace by Customer, and is provided “as is” for the convenience of the user. Customer is responsible for monitoring its internal license usage of each third party license, and such third party license’s usage and license compliance is governed by the terms of the agreement entered into between Customer and the third party licensor.
• Customer must migrate all existing BMC Digital Workplace Basic Capacity it has purchased to BMC Digital Workplace Advanced.
• BMC Helix Portfolio Management. A license to BMC Helix Business Workflows entitles Customer access to BMC Helix Portfolio Management for up to the number of named users for use exclusively in connection with the development, non-production use of the Product.

BMC Helix Digital Workplace – Basic:

• Each BMC Digital Workplace Basic user may only use the Product on up to three Device Endpoints per user license purchased. A “ Device Endpoint ” is a personal digital assistant, smart-phone, tablet, laptop, desktop workstation or similar computing device. An additional user license is required for every 3 devices registered by a unique named user. Should Customer subscribe to BMC Digital Workplace Advanced, Customer must migrate all existing BMC Digital Workplace Basic Capacity it has purchased to BMC Digital Workplace Advanced.
• BMC Helix Portfolio Management. A license to BMC Helix Business Workflows entitles Customer to access to BMC Helix Portfolio Management for up to the number of named users for use exclusively in connection with the development, non-production use of the Product.

BMC Helix IT Service Management : Excludes use of TrueSight Orchestration as follows:

• TrueSight Orchestration Content – Excludes the use of any workflow or runbook content other than Management and Utility actions found in the Operations Management module. Excludes the use of any base adapter. Excludes the use of any non-BMC product application adapter.
• TrueSight Orchestration Platform – Excludes the use of additional licensed capacity other than what is listed here: 1 peer, 3 Development Studio named user licenses, and 5 Operator Control Panel user licenses. This entitlement is a 1-time grant across all BMC products that include this access and rights are not cumulative.

BMC Helix ITOM OnPrem – Advanced:

• Licenses can be reassigned for the same resource unit type (i.e., server endpoint, port, cloud resource) over time to other asset types provided data is no longer stored in the Product repositories.

BMC Helix ITOM OnPrem – Standard :

• For each of the listed functional components the following capabilities are excluded and require additional Product licenses:
  • Discovery – Excludes the publication of data to any Configuration Management Database and advanced reporting including but not limited to asset and software management lifecycle reports, regulatory compliance and certificate management;
  • Continuous Optimization – Excludes custom datamarts, views and Extract, Transform, Load (ETL); business service views and business driver prediction; and the use of third-party connectors/ETLs developed by Moviri and Sentry regardless of the use case; and
  • Intelligent Automation – Excludes the use of out-of-the-box automation connectors, automation policies and automation value dashboards.
• Licenses can be reassigned for the same resource unit type (i.e., server endpoint, port, cloud resource) over time to other asset types provided data is no longer stored in the Product repositories.

BMC Helix ITSM OnPrem - AI Service Management User License, BMC Helix ITSM OnPrem - AI Service Management Concurrent User License : Customer acknowledges and agrees that this Product shall not come embedded with any third-party classification service. Instead, Customer is responsible for obtaining a separate license to use third party classification services, like IBM Watson or Google AI, in connection with the Product. The terms and conditions of Customer’s license with the third-party classification services vendor (or its agents or designees) shall solely govern Customer’s use of the respective services in connection with the Product and Customer shall be responsible for any costs, overages, penalties, or fees arising from Customer’s use of the third-party classification services. Further, Customer shall use the service management capabilities featured in the Products solely in connection with BMC Helix ITSM and/or Remedy ITSM.

BMC Helix ITSM OnPrem Service Desk : The license enables the customer to use up to 100 Named Digital Workplace Basic users for each BMC Helix ITSM OnPrem Service Desk licensed named user and up to 250 Named Digital Workplace Basic users for each BMC Helix ITSM OnPrem Service Desk licensed concurrent user.

BMC Helix ITSM OnPrem Suite : Should Customer purchase BMC Digital Workplace Advanced, Customer surrenders its right to BMC Digital Workplace Basic.

BMC Helix OnPrem Products : For products that include the BMC Discovery appliance, customers are provided access to support the resource and topology visualization features of those products. Excluded from use are BMC Discovery’s native discovery capabilities (i.e., agentless, API-based, intelligent integration), the use of dependency mapping content including the out-of-the-box Technology Knowledge Updates (TKUs), and the use of BMC Discovery’s integration to configuration management databases (CMDBs) unless the customer has separately licensed BMC Discovery. This applies to the following BMC Products: BMC Helix Continuous Optimization OnPrem.

BMC Helix Operations Management OnPrem . For each of the listed functional components the following capabilities are excluded and require additional Product licenses:

• Discovery - Customers are provided access to the BMC Discovery Appliance to support the Dynamic Service Model and Intelligent Integration features of BMC Helix Operations Management AIOps. Customers must be licensed for BMC Helix Operations Management AIOps Add-on to leverage these capabilities. Excluded from use are BMC Discovery’s native discovery capabilities (i.e., agentless, API-based) and the use of Dependency Mapping Content including the out-of-the-box Technology Knowledge Updates unless the customer has separately licensed BMC Discovery.
• Intelligent Automation-Excludes the use of out-of-the-box automation connectors, automation policies and automation value dashboards.

BMC Helix Service Management– Advanced:

• The license enables Customer to use up to 100 BMC Helix Digital Workplace users for each user and up to 100 BMC Helix Digital Workplace Self-Registered users regardless of the license capacity.
• BMC Helix Digital Workplace Users. Each BMC Helix Digital Workplace user can access an unlimited number of Device Endpoints per user license purchased. A “ Device Endpoint ” is a personal digital assistant, smart-phone, tablet, laptop, desktop workstation or similar computing device.
  • Connectors. Any third party Connector (as defined below) distributed by BMC for use with BMC solution is hereby excluded from the defined term “BMC Subscription Services”. Any such third party Connectors are governed by the terms provided with the Connectors and are specifically excluded from this Agreement. For the purposes of this provision, the term “ Connector ” means software code that integrates a third party’s product with a BMC Subscription Service.
  • Licenses. With respect to third party licenses that Customer requests via BMC Helix Digital Workplace to be provisioned, Customer is solely responsible for: (i) the number of licenses it has licensed from a third party, and (ii) the amounts payable for such licenses. Any license provisioning information provided by BMC Helix Digital Workplace is established solely by the information entered into BMC Helix Digital Workplace by Customer, and is provided “as is” for the convenience of the user. Customer is responsible for monitoring its internal license usage of each third party license, and such third party license’s usage and license compliance is governed by the terms of the agreement entered into between Customer and the third party licensor. Customer acknowledges and agrees that this Product does not come embedded with any third-party classification service. Instead, Customer is responsible for obtaining a separate license to use third party classification services, like IBM Watson or Google AI, in connection with the Product. The terms and conditions of Customer’s license with the third-party classification services vendor (or its agents or designees) shall solely govern Customer’s use of the respective services in connection with the Product and Customer shall be responsible for any costs, overages, penalties, or fees arising from Customer’s use of the third-party classification services. Further, Customer shall use the service management capabilities featured in the Products solely in connection with BMC Helix ITSM.

BMC Helix Service Management – Standard:

• The license enables Customer to use up to 100 BMC Helix Digital Workplace users for each user and up to 50 BMC Helix Digital Workplace Self-Registered users regardless of the Licensed Capacity.
• The use of the following functionality by Product is excluded.
  • BMC Helix Digital Workplace: Digital Workplace Studio
  • BMC Helix ITSM: Release Management
  • BMC Helix Business Workflows: Facilities Management, HR Service Management, and Security Incident Response.
• BMC Helix Digital Workplace Users. Each BMC Digital Workplace user can access an unlimited number of Device Endpoints per user license purchased. A “ Device Endpoint ” is a personal digital assistant, smart-phone, tablet, laptop, desktop workstation or similar computing device.
  • Connectors. Any third party Connector (as defined below) distributed by BMC for use with the BMC solution is hereby excluded from the defined term “BMC Subscription Services”. Any such third party Connectors are governed by the terms provided with the Connectors and are specifically excluded from this Agreement. For the purposes of this provision, the term “ Connector ” means software code that integrates a third party’s product with a BMC Subscription Services.
  • Licenses. With respect to third party licenses that Customer requests via BMC Helix Digital Workplace to be provisioned, Customer is solely responsible for: (i) the number of licenses it has licensed from a third party, and (ii) the amounts payable for such licenses. Any license provisioning information provided by BMC Helix Digital Workplace is established solely by the information entered into BMC Helix Digital Workplace by Customer, and is provided “as is” for the convenience of the user. Customer is responsible for monitoring its internal license usage of each third party license, and such third party license’s usage and license compliance is governed by the terms of the agreement entered into between Customer and the third party licensor. Customer acknowledges and agrees that this Product does not come embedded with any third-party classification service. Instead, Customer is responsible for obtaining a separate license to use third party classification services, like IBM Watson or Google AI, in connection with the Product. The terms and conditions of Customer’s license with the third-party classification services vendor (or its agents or designees) shall solely govern Customer’s use of the respective services in connection with the Product and Customer shall be responsible for any costs, overages, penalties, or fees arising from Customer’s use of the third-party classification services. Further, Customer shall use the service management capabilities featured in the Products solely in connection with BMC Helix ITSM.

BMC HR Case Management : The license enables the customer to use up to 300 Named Digital Workplace Basic users for each BMC HR Case Management licensed named user and up to 750 Named Digital Workplace Basic users for each BMC HR Case Management licensed concurrent user.

BMC Subsystem Optimizer for DB2 Restriction : The BMC Application Restart Control for DB2 product and the MainView Batch Optimizer product that are shipped with the BMC Subsystem Optimizer for DB2 (Subzero for DB2) License may only be used to manage, update and access DB2 data as part of a Subzero for DB2 implementation, unless Customer has separately licensed the BMC Application Restart Control for DB2 product and the MainView Batch Optimizer product. Customer may not use the functionality of such Products for any other.

BMC Subsystem Optimizer for IMS Restriction : The BMC Application Restart Control for IMS product and the MainView Batch Optimizer product that are shipped with the BMC Subsystem Optimizer for IMS (Subzero for IMS) License may only be used to manage, update and access IMS data as part of a Subzero for IMS implementation, unless Customer has separately licensed the BMC Application Restart Control for IMS product and the MainView Batch Optimizer product. Customer may not use the functionality of such Products for any other purpose.

Control-M Self Service Mobile Integration Kit : The Control-M Self Service Mobile Integration Kit is a development tool and as such governed by the terms and conditions of the development license agreement provided with the product.

CONTROL-M/Assist : Control-M/Assist may only be used to interface with the third party scheduler and may not be used to schedule or manage batch processes outside of the cross-scheduler dependencies.

Footprints Service Core 5 Named User BASE Software Package : May be used with no more than three workspaces per instance and by no more than 15 named users.

Footprints Service Core Dynamic SQL DB Link/DS DL : Customers using the module in replacement of the Microsoft SCCM add on module are required to only connect to databases that house Microsoft SCCM data. Customers using the module in replacement of the contact’s supervisor approval feature can only use the module to connect to a DB that houses information about contacts and their supervisors.

License Allocation Restriction for BMC Helix IT Service Management Suite Products : Notwithstanding anything to the contrary in this Order or the Agreement, and when the Product is licensed (i) on the “per named user” Unit of Measure, Customer may exchange 5 named user licenses of the Product for 2 licenses of the same Product with the Unit of Measure of “per concurrent user” or (ii) on the “per concurrent user” Unit of Measure, Customer may exchange 2 concurrent user licenses for 5 licenses of the same Product with the Unit of Measure of “per named user”. Customer will not incur additional charges for such exchange of licenses so long as Customer does not exceed the Licensed Capacity of the Product granted to Customer, however, Customer must: (i) notify BMC in writing of its intent to exchange the Product Licenses and (ii) enter into a separate Order to reflect Customer’s new Licensed Capacity and the new Unit of Measure, and (iii) make the changes in the Product promptly after the new order has been executed. Customer may make such exchanges no more than once per year during the Term.

License Allocation Restriction for BMC Helix ITSM Service Management Products : Notwithstanding anything to the contrary in this Order or the Agreement, and when the Product is licensed (i) on the “per named user” Unit of Measure, Customer may exchange 3 named user licenses of the Product for 1 license of the same Product with the Unit of Measure of “per concurrent user” or (ii) on the “per concurrent user” Unit of Measure, Customer may exchange 1 concurrent user license for 3 licenses of the same Product with the Unit of Measure of “per named user”. Customer will not incur additional charges for such exchange of licenses so long as Customer does not exceed the Licensed Capacity of the Product granted to Customer, however, Customer must: (i) notify BMC in writing of its intent to exchange the Product Licenses and (ii) enter into a separate Order to reflect Customer’s new Licensed Capacity and the new Unit of Measure, and (iii) make the changes in the Product promptly after the new order has been executed. Customer may make such exchanges no more than once per year during the Term.

License Allocation Restriction for BMC Helix Service Management Products : Notwithstanding anything to the contrary in this Order or the Agreement, and when the Product is licensed (i) on the “per named user” Unit of Measure, Customer may exchange 3 named user licenses of the Product for 1 license of the same Product with the Unit of Measure of “per concurrent user” or (ii) on the “per concurrent user” Unit of Measure, Customer may exchange 1 concurrent user license for 3 licenses of the same Product with the Unit of Measure of “per named user”. Customer will not incur additional charges for such exchange of licenses so long as Customer does not exceed the Licensed Capacity of the Product granted to Customer, however, Customer must: (i) notify BMC in writing of its intent to exchange the Product Licenses and (ii) enter into a separate Order to reflect Customer’s new Licensed Capacity and the new Unit of Measure. Customer may make such exchanges no more than once per year during the Term.

Micro Focus Silk Performer for TrueSight Synthetic Monitor : The TrueSight Synthetic Monitor with Micro Focus Silk Performer product may only be used with BMC performance management products and BMC application performance management products.

Remedy and Digital Workplace Products : Customer’s perpetual license in the Remedy and/or Digital Workplace Products does not include a perpetual license to the Google Maps service that is currently used for the map/location feature within Digital Workplace and Remedy with Smart IT. Remedy with Smart IT is available for download with any license of Remedy Products.

TrueSight Automation for Servers – Configuration and Compliance Management : Excludes the use of the agent for vulnerability and patch management tasks product component.

TrueSight Automation for Servers – Patch and Vulnerability Management : Excludes the use of the agent for server configuration and compliance tasks with the exception of NSH scripting, for provisioning, and for software deployment with the exception of OS patching and packages to remediate vulnerabilities.

TrueSight Automation for Servers – Provisioning and Software Deployment : Excludes the use of the agent for vulnerability and patch management tasks, for server compliance and audit tasks, and for server configuration tasks with the exception of provisioning and initial software deployment tasks.

TrueSight Automation Suite – Base License :

• Excludes use of TrueSight Orchestration as follows:
  • TrueSight Orchestration Content – Excludes the use of any workflow or runbook content other than Management and Utility actions found in the Operations Management module. Excludes the use of any base adapter. Excludes the use of any non-BMC product application adapter.
  • TrueSight Orchestration Platform – Excludes the use of additional licensed capacity other than what is listed here: 1 peer, 3 Development Studio named user licenses, and 5 Operator Control Panel user licenses. This entitlement is a 1-time grant across all BMC products that include this access and rights are not cumulative.

TrueSight Capacity Management Products : Any TrueSight Capacity Management product for distributed systems environments, including but not limited to, TrueSight Capacity Optimization, TrueSight Cloud Cost Control and BMC Performance Assurance can be reassigned over time to other Computers provided data is no longer stored in the Product repositories on that Computer.

TrueSight Capacity Optimization Products . Any TrueSight Capacity Optimization Product for distributed systems environments can be reassigned for the same asset type (i.e., sever endpoint, network device, serverless asset, storage) over time to other asset types provided data is no longer stored in the Product repositories. For the avoidance of doubt, for migration use cases, any or all data associated to a workload can be preserved in the Product repositories without incurring an additional license fee as long as the same workload is utilized across the assets. Any TrueSight Capacity Optimization Product for distributed systems environments, including but not limited to, TrueSight Capacity Optimization and TrueSight Capacity Optimizer, excludes the use of TrueSight Cloud Cost Control for any use case other than Simulate Cloud Migration. Accordingly, the product excludes the use of the following Extract, Transform, Load (ETLs): Amazon Web Services – Cost and Usage Extractor, Microsoft Azure – Cost and Usage Extractor, and Google Cloud Platform – Billing and Usage Extractor. Unless the Customer has purchased additional licenses, each virtual machine deployed as either a Kubernetes Worker node or a Cloud Foundry Diego Cell can support up to 20 containers and will be counted as 1 Server Endpoint under the unit of measure for this Product.

TrueSight Operations Data Streams : Customer may not monitor Data Streams from PATROL Agents that are not connected to a TrueSight Infrastructure Management server.

TrueSight Orchestration – Adapters License Add-on : Restricts license rights to deploy one unique adapter for every unit licensed; also includes unlimited deployment rights to use Light Weight Activity Peers in combination with licensed adapters; test and development license are provided at no additional cost.

• Adapter - a system/interfaces/gateways/connectors used to talk to external applications.
• Light Weight Activity Peer - Slave peers/servers that can optionally be added to a grid to accommodate network latencies and/or security topologies when deployed in combination with adapters; these peers do not directly add incremental processing power.

TrueSight Orchestration – Enterprise Edition : The product excludes the use of any workflow or runbook content other than Management and Utility actions found in the TrueSight Orchestration Operations Management module(s).

TrueSight Orchestration – ITSM Automation Pack : The Product excludes the use of any other BMC-developed runbook, with the exception of ITSM Automation and product components (peers, base adapters, and application adapters), for other use cases including but not limited to e-bonding, event orchestration, and service desk automation.

TrueSight Orchestration - Peer License Add-on : Restricts license rights to deploy one peer for every unit licensed; a peer can either be a Configuration Distribution Peer or an Application Peer; test and development license are provided at no additional cost.

• Application Peer – Server that executes workflows.
• Configuration Distribution Peer – Master application that controls all workflows, including load balancing across the grid of Peers.

TrueSight Orchestration - Service Desk Automation Pack : The Product excludes the use of any other BMC developed runbook, with the exception of Service Desk Automation and product components (peers, base adapters, and application adapters), for other use cases including but not limited to e-bonding, event orchestration, and ITSM automation.

TrueSight Orchestration Automation Pack (Device Endpoint) : The Product excludes the use of any other BMC-developed runbook, with the exception of Continuous Compliance for Network Automation, Vulnerability Management and product components (peers, base adapters, and application adapters), for other use cases including but not limited to e-bonding, event orchestration, and service desk automation.

TrueSight Orchestration Automation Pack (Server Endpoint) : The Product excludes the use of any other BMC-developed runbook, with the exception of Continuous Compliance for Server Automation, Vulnerability Management and product components (peers, base adapters, and application adapters), for other use cases including but not limited to e-bonding, event orchestration, and service desk automation.

TrueSight Orchestration Event Orchestration Pack : The Product excludes the use of any other BMC developed runbook, with the exception of Event Orchestration and product components (peers, base adapters, and application adapters), for other use cases including but not limited to closed loop compliance use cases where change requests are generated by a configuration management solution, such as BMC Server Automation or other third party tool, or Service Desk Automation where change requests are generated by a service desk solution, such as BMC Remedy or another third party tool, and e-bonding.

TrueSight Server Automation – Compliance License Add-on : Excludes use of TrueSight agent for server configuration, patching, and provisioning tasks.

TrueSight Server Automation – Compliance Module : Excludes use of TrueSight agent for server configuration, patching, and provisioning tasks.

TrueSight Server Automation – Configuration License Add-on : Excludes use of TrueSight agent for server compliance, remediation, and provisioning tasks.

TrueSight Server Automation – Configuration Module : Excludes use of TrueSight agent for server compliance, remediation, and provisioning tasks.

TrueSight Server Automation – License Add-on : Excludes the use of TrueSight agent for the application packaging and deployment of internally built, proprietary, or custom-developed code.

TrueSight Server Automation – Patch License Add-on : Excludes use of TrueSight agent for server compliance, remediation, and provisioning tasks.

TrueSight Server Automation – Provisioning License Add-on : Excludes use of TrueSight agent for server compliance, remediation, configuration and patching tasks.

TrueSight Server Automation – Provisioning Module : Excludes use of TrueSight agent for server configuration, patching, compliance, and remediation tasks.

TrueSight Server Automation for Patching– Helix License Add-on : Excludes the use of the TrueSight agent for server configuration and compliance tasks with the exception of NSH scripting.

TrueSight Server Automation Suite : Excludes the use of TrueSight agent for the application packaging and deployment of internally built, proprietary, or custom-developed code.

TrueSight Synthetic Monitor with Micro Focus Silk Performer : The TrueSight Synthetic Monitor with Micro Focus Silk Performer product may only be used with BMC performance management products and BMC application performance management products.

B. Units of Measure

The following units of measure apply to certain Products.

III. SUBSCRIPTION SERVICES/PLATFORM SERVICES

A. RESTRICTIONS

The following Restrictions apply to certain Subscription Services and/or Platform Services.

BMC Helix Business Workflows, BMC Helix Business Workflows (Public Sector) :

• Fusion Agility Suite for BMC Helix. A subscription to BMC Helix Business Workflows entitles Customer access to the Fusion Agility Suite for BMC Helix for up to the number of named users for use exclusively in connection with the development, non-production of the Subscription Service.

BMC Helix Capacity Optimization Subscription Services : Any BMC Helix Continuous Optimization Subscription Service for distributed systems environments can be reassigned for the same asset type (i.e., sever endpoint, network device, serverless asset, storage) over time to other asset types provided data is no longer stored in the Subscription Service repositories. For the avoidance of doubt, for migration use cases, any or all data associated to a workload can be preserved in the Subscription Service repositories without incurring an additional license fee as long as the same workload is utilized across the assets. Unless the Customer has purchased additional licenses, each virtual machine deployed as either a Kubernetes Worker node or a Cloud Foundry Diego Cell can support up to 20 containers and will be counted as 1 Server Endpoint under the unit of measure for this Subscription Service.

BMC Helix Chatbot Standard; BMC Helix Cognitive Automation and BMC Helix Chatbot Premium : Customer’s Capacity for the Term of the Order is equal to the Number of Units on the Order, multiplied by the number of months in the Term. Customer’s use of such Capacity is not tied to a particular month in the Term. Customer’s Capacity for the Term of the Order must be consumed by the expiration date of the Term or it will expire. Customer will comply with all applicable laws and regulations, and agrees to have and maintain business controls to support such compliance during the Order Term. Customer is restricted from using personal data or payment card data in connection with the Subscription Services as training data or data that is used to enrich the Subscription Services and custom models. Notwithstanding any contractual terms that Customer may be required to accept while configuring the Subscription Services on BMC’s partner platform, the terms of BMC’s Agreement with Customer shall govern Customer’s use of the Subscription Services, as long as such use is in accordance with the User Guide.

BMC Helix Cloud Operations – ITSM Automation Pack : BMC Helix Cloud Operations – ITSM Automation Pack may be used only in combination with the following Subscription Services: BMC Helix Cloud Operations, BMC Helix Cloud Cost, BMC Helix Cloud Security. The Product excludes the use of any other BMC-developed runbook, with the exception of ITSM Automation and product components (peers, base adapters, and application adapters), for other use cases including but not limited to e-bonding, event orchestration, and service desk automation.

BMC Helix Cognitive Automation for Google - 1000 API Calls : Customer acknowledges and agrees that the Subscription Services shall not come embedded with any Google AI tool. Instead, Customer is responsible for obtaining a separate license to use the Google AI tool in connection with the Subscription Services. The terms and conditions of Customer’s license with Google (or its agents or designees) shall solely govern Customer’s use of the Google AI tool with the Subscription Services and Customer shall be responsible for any costs, overages, penalties, or fees arising from Customer’s use of the Google AI tool with the Subscription Services.

BMC Helix Cognitive Automation on IBM Watson - 1000 API Calls : Customer acknowledges and agrees that the Subscription Services shall not come embedded with any IBM Watson AI tool. Instead, Customer is responsible for obtaining a separate license to use IBM Watson in connection with the Subscription Services. The terms and conditions of Customer’s license with IBM (or its agents or designees) shall solely govern Customer’s use of IBM Watson with the Subscription Services and Customer shall be responsible for any costs, overages, penalties, or fees arising from Customer’s use of IBM Watson with the Subscription Services.

BMC Helix Control-M Non-Production – additional tenant (per instance – SaaS ): All executions purchased as part of Customer’s purchase of either BMC Helix Control-M Start Non-Production with 500 Executions (per execution - SaaS) or BMC Helix Control-M Scale Non-Production with 500 Executions (per execution - SaaS) may be used in this additional tenant environment, provided that Customer does not exceed the Capacity of such executions purchased in all such environments.

BMC Helix Control-M Production – additional tenant (per instance – SaaS) : All executions purchased as part of Customer’s purchase of either BMC Helix Control-M Start with 500 Executions (per execution - SaaS) or BMC Helix Control-M Scale with 500 Executions (per execution - SaaS) may be used in this additional tenant environment, provided that Customer does not exceed the Capacity of such executions purchased in all such environments.

BMC Helix Digital Workplace Advanced, BMC Helix Digital Workplace Advanced (Public Sector) :

• Each BMC Helix Digital Workplace Advanced user can access an unlimited number of Device Endpoints per user purchased. A “ Device Endpoint ” is a personal digital assistant, smart-phone, tablet, laptop, desktop workstation or similar computing device.
• Connectors. Any third-party Connector (as defined below) distributed by BMC for use with BMC Helix Digital Workplace Advanced is hereby excluded from the defined term “Subscription Services”. Any such third-party Connectors are governed by the terms provided with the Connectors and are specifically excluded from this Agreement. For the purposes of this provision, the term “ Connector ” means software code that integrates a third party’s product with the Subscription Services.

• Licenses. With respect to third party licenses that Customer requests via BMC Helix Digital Workplace Advanced to be provisioned, Customer is solely responsible for: (i) the number of licenses it has licensed from a third party, and (ii) the amounts payable for such licenses. Any license provisioning information provided by BMC Helix Digital Workplace Advanced is established solely by the information entered into BMC Helix Digital Workplace Advanced by Customer, and is provided “as is” for the convenience of the user. Customer is responsible for monitoring its internal license usage of each third-party license, and such third-party license’s usage and license compliance is governed by the terms of the agreement entered into between Customer and the third-party licensor.

• Customer must migrate all existing BMC Helix Digital Workplace Basic Capacity it has subscribed to BMC Helix Digital Workplace Advanced.
• Fusion Agility Suite for BMC Helix. A subscription to BMC Helix Digital Workplace entitles Customer access to the Fusion Agility Suite for BMC Helix for up to the number of named users for use exclusively in connection with the development, non-production of the Subscription Service.

BMC Helix Digital Workplace Advanced (German Regulated Cloud) :

• Each BMC Helix Digital Workplace Advanced user can access an unlimited number of Device Endpoints per user purchased. A “ Device Endpoint ” is a personal digital assistant, smart-phone, tablet, laptop, desktop workstation or similar computing device.
• Connectors. Any third-party Connector (as defined below) distributed by BMC for use with BMC Helix Digital Workplace Advanced is hereby excluded from the defined term “Subscription Services”. Any such third-party Connectors are governed by the terms provided with the Connectors and are specifically excluded from this Agreement. For the purposes of this provision, the term “ Connector ” means software code that integrates a third party’s product with the Subscription Services.
• Licenses. With respect to third party licenses that Customer requests via BMC Helix Digital Workplace Advanced to be provisioned, Customer is solely responsible for: (i) the number of licenses it has licensed from a third party, and (ii) the amounts payable for such licenses. Any license provisioning information provided by BMC Helix Digital Workplace Advanced is established solely by the information entered into BMC Helix Digital Workplace Advanced by Customer, and is provided “as is” for the convenience of the user. Customer is responsible for monitoring its internal license usage of each third-party license, and such third-party license’s usage and license compliance is governed by the terms of the agreement entered into between Customer and the third-party licensor.
• Customer must migrate all existing BMC Helix Digital Workplace Basic Capacity it has subscribed to BMC Helix Digital Workplace Advanced.

BMC Helix Digital Workplace Basic, BMC Helix Digital Workplace Basic (Public Sector) :

• Each Digital BMC Helix Digital Workplace Basic user may only use the product on up to three Device Endpoints per user purchased. A “ Device Endpoint ” is a personal digital assistant, smart-phone, tablet, laptop, desktop workstation or similar computing device. An additional user subscription is required for every three devices registered by a unique named user. Should Customer subscribe to BMC Helix Digital Workplace Advanced, Customer must migrate all existing BMC Helix Digital Workplace Basic Capacity it has purchased to BMC Helix Digital Workplace Advanced.
• Fusion Agility Suite for BMC Helix. A subscription to BMC Helix Digital Workplace entitles Customer access to the Fusion Agility Suite for BMC Helix for up to the number of named users for use exclusively in connection with the development, non-production of the Subscription Service.

BMC Helix Digital Workplace Basic (German Regulated Cloud) :

• Each Digital BMC Helix Digital Workplace Basic user may only use the product on up to three Device Endpoints per user purchased. A “ Device Endpoint ” is a personal digital assistant, smart-phone, tablet, laptop, desktop workstation or similar computing device. An additional user subscription is required for every three devices registered by a unique named user. Should Customer subscribe to BMC Helix Digital Workplace Advanced, Customer must migrate all existing BMC Helix Digital Workplace Basic Capacity it has purchased to BMC Helix Digital Workplace Advanced.

BMC Helix Integration Service Premium Connector An instance of BMC Helix Integration Service Premium Connector is required for each premium or custom connector to be deployed in production. A subscription is required for each active premium and custom connector. Examples of premium connectors include, but aren’t limited to, Jira, Agile Central, AWS, Service Cloud, Jira Service Desk.

BMC Helix iPaaS, BMC Helix iPaaS – Additional Capacity . The subscription to BMC Helix iPaaS (“ Integration Platform ”) includes the right to access, use and integrate to the Platform with up to 3 endpoint integrations, with at least one of those endpoints being used in connection with a BMC application or subscription service. In addition, Customer may use the Integration Platform’s environment for integration development, tests and runtime purposes, the Cloud Studio Designer, the Web Management Console, the Protocol and Application Connector Library, the Integration Recipes and Template Library, access to Cloud Agents, and the API Professional Package that includes 20 API URLs and 3,000,000 API Calls - SaaS per month. Further, the subscription includes 4 private agents for high availability and enterprise scale. For the sake of clarity, BMC application or subscription service endpoints shall be counted on a 3:1 ratio, so that Customer shall be entitled to up to 3 BMC application endpoints for each endpoint included in the Subscription.

BMC Helix ITOM – Advanced:

• Subscription Services can be reassigned for the same resource unit type (i.e., server endpoint, port, cloud resource) over time to other asset types provided data is no longer stored in the Subscription Service repositories.

BMC Helix ITOM – Standard :

• For each of the listed functional components the following capabilities are excluded and require additional Subscription Services subscriptions:
  • Discovery – Excludes the publication of data to any Configuration Management Database and advanced reporting including but not limited to asset and software management lifecycle reports, regulatory compliance and certificate management;
  • Continuous Optimization – Excludes custom datamarts, views and Extract, Transform, Load (ETL); business service views and business driver prediction; and the use of third-party connectors/ETLs developed by Moviri and Sentry regardless of the use case; and
  • Intelligent Automation – Excludes the use of out-of-the-box automation connectors, automation policies and automation value dashboards.
• Subscriptions can be reassigned for the same resource unit type (i.e., server endpoint, port, cloud resource) over time to other asset types provided data is no longer stored in the Subscription Service repositories.

BMC Helix ITSM : This subscription enables the Customer to use (a) up to 100 named users of BMC Helix Digital Workplace Basic for each BMC Helix ITSM Subscription Service named user and (b) up to 250 named users of BMC Helix Digital Workplace Basic for each BMC Helix ITSM Subscription Service concurrent user. Should Customer subscribe to BMC Helix Digital Workplace Advanced, Customer surrenders its right to BMC Helix Digital Workplace Basic.

BMC Helix ITSM (German Regulated Cloud) : This subscription enables the Customer to use (a) up to 100 named users of BMC Helix Digital Workplace Basic for each BMC Helix ITSM Subscription Service named user and (b) up to 250 named users of BMC Helix Digital Workplace Basic for each BMC Helix ITSM Subscription Service concurrent user. Should Customer subscribe to BMC Helix Digital Workplace Advanced, Customer surrenders its right to BMC Helix Digital Workplace Basic.

BMC Helix ITSM for Migration : Should Customer subscribe to BMC Helix Digital Workplace Advanced, Customer surrenders its right to BMC Helix Digital Workplace Basic.

BMC Helix Multi-Cloud Service Management : An instance of BMC Helix Multi-Cloud Service Management is required for ticket brokering between one master instance of Remedy IT Service Management or BMC Helix ITSM and either another or multiple integrated instances of Remedy IT Service Management, BMC Helix ITSM, a third party product or a third party subscription service.

BMC Helix Non-Standard Integration : For each BMC Helix Non-Standard Integration purchased by Customer, Customer may use one additional integration to the BMC Helix Subscription Services purchased by Customer. Examples of such integrations include but are not limited to BMC Client Gateway connection, authentication source, mailbox, ODBC account and FTP configuration.

BMC Helix Non-Standard Integration (German Regulated Cloud) : For each BMC Helix Non-Standard Integration purchased by Customer, Customer may use one additional integration to the BMC Helix Subscription Services purchased by Customer. Examples of such integrations include but are not limited to BMC Client Gateway connection, authentication source, mailbox, ODBC account and FTP configuration.

BMC Helix Operations Management : For each of the listed functional components the following capabilities are excluded and require additional Product licenses:

• Intelligent Automation - Excludes the use of out-of-the-box automation connectors, automation policies and automation value dashboards.

BMC Helix Operations Management – 1 GB Log Analytics (3 Day Retention/7 Day Retention/30 Day Retention) : A subscription is required for every 1 GB of Log Data ingested per day. Log Data is any record(s) that is ingested into the Subscription Services and stored in the associated datastore of the Subscription Services. Log data can be ingested from any asset monitored, managed (directly or indirectly) or discovered by the Subscription Service(s). For clarification purposes, Assets include Server Endpoints, Device Endpoints, Serverless Assets or Cloud Resources. A “ Server Endpoint ” is any virtual or physical Computer that provides a service for other Computers or users connected to it via the Internet, extranet, intranet, or other networked technologies. A “ Cloud Resource ” means an instance of a cloud infrastructure that provides a service for other Cloud Resources, Computers or Users connected to it. A “ Device Endpoint ” is a Network device (e.g., router, switch, hub) either standalone or chassis-based device/card/processor using a unique-IP address (also includes virtual network devices managed through the IP address of its physical host). A “ Serverless Asset ” is any type of cloud computing service (i.e., private, public, hybrid) that does not require access to underlying hardware assets such as servers.

BMC Helix Operations Management – 1 GB Log Analytics, Cold Storage : A subscription is required for every 1 GB of Log Data archived in cold storage. Up to 500 GB of archived data may be access for up to 10-days each month. Log Data is any record(s) that is ingested into the Subscription Services and stored in the associated datastore of the Subscription Services. Log data can be ingested from any asset monitored, managed (directly or indirectly) or discovered by the Subscription Service(s). For clarification purposes, Assets include Server Endpoints, Device Endpoints, Serverless Assets or Cloud Resources. A “ Server Endpoint ” is any virtual or physical Computer that provides a service for other Computers or users connected to it via the Internet, extranet, intranet, or other networked technologies. A “ Cloud Resource ” means an instance of a cloud infrastructure that provides a service for other Cloud Resources, Computers or Users connected to it. A “ Device Endpoint ” is a Network device (e.g., router, switch, hub) either standalone or chassis-based device/card/processor using a unique-IP address (also includes virtual network devices managed through the IP address of its physical host). A “ Serverless Asset ” is any type of cloud computing service (i.e., private, public, hybrid) that does not require access to underlying hardware assets such as servers.

BMC Helix Platform: The purchase of BMC Helix Platform enables the Customer to use the basic connectors set forth in the User Guide during the Term. Additionally, the purchase of BMC Helix Platform includes the Customer’s right to use up to 5 BMC Helix Custom Applications Named Users during the Term (Named Users and Reporting Users are not provided for BMC Helix Capacity Optimization, BMC Helix Operations Management and BMC Helix Vulnerability Management Subscription Services) for the sole purpose of administering Subscription Services deployed on the Platform. Such Named Users are governed by the terms of the Platform Services Attachment to the BMC Cloud Services Master Agreement. A “ Named User ” means a subscription is required for each individual employee or contractor or client of Customer. When user-based interaction is required, a subscription is required for all individuals for whom access has been granted to the Subscription Services on a Computer or multiple Computers typically via the issuance of a unique ID regardless of whether the individual is actively using the Subscription Services at any given time.

BMC Helix Remedyforce Service Desk Event Monitoring : The following restrictions apply to the BMC Helix Remedyforce Service Desk Event Monitoring Subscription Services:

Customer may not purchase access to the BMC Helix Remedyforce Service Desk Event Monitoring Subscription Services for use in an Org to which salesforce.com, inc. (“ Salesforce ”) has previously provisioned Salesforce subscription services pursuant to a direct agreement between Salesforce and Customer. If Customer has such an Org, the BMC Helix Remedyforce Service Desk Event Monitoring Subscription Services will not be provisioned. For the purposes of these BMC Helix Remedyforce Service Desk Event Monitoring Subscription Services Restrictions, the term “ Org ” means a separate set of Customer Content and Salesforce product customizations held by Salesforce in a logically separated database (i.e., a database segregated through password-controlled access).

BMC Helix Remedyforce Service Desk Field Audit Trail : The following restrictions apply to the BMC Helix Remedyforce Service Desk Field Audit Trail Subscription Services:

Customer may not purchase access to the BMC Helix Remedyforce Service Desk Field Audit Trail Subscription Service for use in an Org to which salesforce.com, inc. (“ Salesforce ”) has previously provisioned Salesforce subscription services pursuant to a direct agreement between Salesforce and Customer. If Customer has such an Org, the BMC Helix Remedyforce Service Desk Field Audit Trail Subscription Service will not be provisioned. For the purposes of these BMC Helix Remedyforce Service Desk Field Audit Trail Subscription Service Restrictions, the term “ Org ” means a separate set of Customer Content and Salesforce product customizations held by Salesforce in a logically separated database (i.e., a database segregated through password-controlled access).

Notwithstanding anything to the contrary contained in the Agreement or this Order, BMC and Salesforce shall use commercially reasonable efforts to make the BMC Helix Remedyforce Service Desk Field Audit Trail Subscription Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which BMC or Salesforce shall give at least 8 hours electronic notice and which BMC or Salesforce shall schedule to the extent practicable during the weekend hours between 6:00 p.m. Friday and 3:00 a.m. Monday Pacific time), and (ii) any unavailability caused by circumstances beyond BMC’s or Salesforce’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Salesforce employees), Internet service provider failure or delay, or denial of service attack. Any other terms regarding availability of the Subscription Services, including but not limited to any previously agreed to SLAs by and between BMC and Customer, shall not apply to BMC Helix Remedyforce Service Desk Field Audit Trail Subscription Services.

BMC Helix Remedyforce Service Desk Platform Encryption : The following restrictions apply to the BMC Helix Remedyforce Service Desk Platform Encryption Subscription Services:

Customer may not purchase access to the BMC Helix Remedyforce Service Desk Platform Encryption Subscription Services for use in an Org to which salesforce.com, inc. (“ Salesforce ”) has previously provisioned Salesforce subscription services pursuant to a direct agreement between Salesforce and Customer. If Customer has such an Org, the BMC Helix Remedyforce Service Desk Platform Encryption Subscription Services will not be provisioned. For the purposes of these BMC Helix Remedyforce Service Desk Platform Encryption Subscription Services Restrictions, the term “ Org ” means a separate set of Customer Content and Salesforce product customizations held by Salesforce in a logically separated database (i.e., a database segregated through password-controlled access).

Customer is responsible for creating its own Tenant Secret(s), which is/are used in conjunction with secrets created and managed by Salesforce as described in the User Guide. Tenant Secrets are used to derive data encryption keys for use with BMC Helix Remedyforce Service Desk Shield Encryption Subscription Services. Customer’s Tenant Secrets are unique to Customer’s Org and to the specific Customer Content to which they apply. Should Customer delete, destroy or misplace a Tenant Secret, such Tenant Secret and the related encrypted Customer Content is irretrievable unless Customer has previously exported the Tenant Secret and then reimports such Tenant Secret back into the BMC Helix Remedyforce Service Desk Platform Encryption Subscription Services. Customer is responsible for regularly backing up its Tenant Secret(s) and all Customer Content and storing them locally in a safe place. IN NO EVENT SHALL BMC OR SALESFORCE HAVE ANY LIABILITY HEREUNDER TO CUSTOMER ARISING FROM CUSTOMER’S DELETION, DESTRUCTION OR MISPLACEMENT OF CUSTOMER’S TENANT SECRET(S).

Use of BMC Helix Remedyforce Service Desk Platform Encryption Subscription Services may restrict the functionality of Subscription Services features as further described in the User Guide. Notwithstanding anything to the contrary contained in the Agreement or this Order, BMC and Salesforce shall use commercially reasonable efforts to make the BMC Helix Remedyforce Service Desk Shield Encryption Subscription Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which BMC or Salesforce shall give at least 8 hours electronic notice and which BMC or Salesforce shall schedule to the extent practicable during the weekend hours between 6:00 p.m. Friday and 3:00 a.m. Monday Pacific time), and (ii) any unavailability caused by circumstances beyond BMC’s or Salesforce’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Salesforce employees), Internet service provider failure or delay, or denial of service attack. Any other terms regarding availability of the Subscription Services, including but not limited to any previously agreed to SLAs by and between BMC and Customer, shall not apply to BMC Helix Remedyforce Service Desk Platform Encryption Subscription Services. For the purposes of this BMC Helix Remedyforce Service Desk Platform Encryption Subscription Services Restriction, the term “ User Guide ” will also include Salesforce’s online user guides, documentation, and help and training materials, as updated from time to time, accessible via help.salesforce.com or login to the BMC Helix Remedyforce Service Desk Platform Encryption Subscription Services.

BMC Helix Remedyforce Service Desk Shield : The following restrictions apply to the BMC Helix Remedyforce Service Desk Shield Subscription Services:

Customer may not purchase access to the BMC Helix Remedyforce Service Desk Shield Subscription Services for use in an Org to which salesforce.com, inc. (“ Salesforce ”) has previously provisioned Salesforce subscription services pursuant to a direct agreement between Salesforce and Customer. If Customer has such an Org, the BMC Helix Remedyforce Service Desk Shield Subscription Services will not be provisioned. For the purposes of these BMC Helix Remedyforce Service Desk Shield Subscription Services Restrictions, the term “ Org ” means a separate set of Customer Content and Salesforce product customizations held by Salesforce in a logically separated database (i.e., a database segregated through password-controlled access). BMC Helix Remedyforce Service Desk Shield Subscription Services is comprised of BMC Helix Remedyforce Service Desk Platform Encryption, BMC Helix Remedyforce Service Desk Event Monitoring, and BMC Helix Remedyforce Service Desk Field Audit Trail.

With BMC Helix Remedyforce Service Desk Platform Encryption, Customer is responsible for creating its own Tenant Secret(s), which is/are used in conjunction with secrets created and managed by Salesforce as described in the User Guide. Tenant Secrets are used to derive data encryption keys for use with BMC Helix Remedyforce Service Desk Platform Encryption Subscription Services. Customer’s Tenant Secrets are unique to Customer’s Org and to the specific Customer Content to which they apply. Should Customer delete, destroy or misplace a Tenant Secret, such Tenant Secret and the related encrypted Customer Content is irretrievable unless Customer has previously exported the Tenant Secret and then reimports such Tenant Secret back into the BMC Helix Remedyforce Service Desk Shield Encryption Subscription Services. Customer is responsible for regularly backing up its Tenant Secret(s) and all Customer Content and storing them locally in a safe place. IN NO EVENT SHALL BMC OR SALESFORCE HAVE ANY LIABILITY HEREUNDER TO CUSTOMER ARISING FROM CUSTOMER’S DELETION, DESTRUCTION OR MISPLACEMENT OF CUSTOMER’S TENANT SECRET(S).

Use of BMC Helix Remedyforce Service Desk Platform Encryption Subscription Services may restrict the functionality of Subscription Services features as further described in the User Guide. Notwithstanding anything to the contrary contained in the Agreement or this Order, BMC and Salesforce shall use commercially reasonable efforts to make the BMC Helix Remedyforce Service Desk Platform Encryption Subscription Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which BMC or Salesforce shall give at least 8 hours electronic notice and which BMC or Salesforce shall schedule to the extent practicable during the weekend hours between 6:00 p.m. Friday and 3:00 a.m. Monday Pacific time), and (ii) any unavailability caused by circumstances beyond BMC’s or Salesforce’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Salesforce employees), Internet service provider failure or delay, or denial of service attack. Any other terms regarding availability of the Subscription Services, including but not limited to any previously agreed to SLAs by and between BMC and Customer, shall not apply to BMC Helix Remedyforce Service Desk Platform Encryption Subscription Services. For the purposes of this BMC Helix Remedyforce Service Desk Platform Encryption Subscription Services Restriction, the term “ User Guide ” will also include Salesforce’s online user guides, documentation, and help and training materials, as updated from time to time, accessible via help.salesforce.com or login to the BMC Helix Remedyforce Service Desk Platform Encryption Subscription Services.

Notwithstanding anything to the contrary contained in the Agreement or this Order, BMC and Salesforce shall use commercially reasonable efforts to make the BMC Helix Remedyforce Service Desk Field Audit Trail Subscription Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which BMC or Salesforce shall give at least 8 hours electronic notice and which BMC or Salesforce shall schedule to the extent practicable during the weekend hours between 6:00 p.m. Friday and 3:00 a.m. Monday Pacific time), and (ii) any unavailability caused by circumstances beyond BMC’s or Salesforce’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Salesforce employees), Internet service provider failure or delay, or denial of service attack. Any other terms regarding availability of the Subscription Services, including but not limited to any previously agreed to SLAs by and between BMC and Customer, shall not apply to BMC Helix Remedyforce Service Desk Field Audit Trail Subscription Services.

BMC Helix Remedyforce User Definitions :

• BMC Helix Remedyforce Service Desk—Remedyforce authorized users have full functionality of BMC Helix Remedyforce features and can create and manage incidents, problems, change requests, broadcasts, tasks, knowledge articles, configuration items, service requests, service level agreements, reports, dashboards, Chatter, and other service desk related functions, including change assessments and approvals.
• BMC Helix Remedyforce Service Desk End user—Customer receives 250 end users at no additional cost for each BMC Helix Remedyforce Service Desk user subscription they purchase. End users can access the Self Service portal to search the knowledge base, submit service requests, and check the status of their service requests and on behalf of others. End users can also approve records and use Chatter.
• BMC Helix Remedyforce Service Desk - Casual user (add on)—BMC Helix Remedyforce casual users have the same functionality as BMC Helix Remedyforce standard users, but their average login time and number of records updated might not exceed 40% of the average login time and number of records updated by standard users in the same Salesforce organization.

BMC Helix SaaS Subscription Services : For products with cross-launch integration functionality to BMC Helix Discovery, customers are provided access to support the resource and topology visualization features of those products. Excluded from use are BMC Helix Discovery’s native discovery capabilities (i.e., agentless, API-based, intelligent integration), the use of dependency mapping content including the out-of-the-box Technology Knowledge Updates (TKUs), and the use of BMC Helix Discovery’s integration to configuration management databases (CMDBs) unless the customer has separately licensed BMC Helix Discovery. This applied to the following BMC Subscription Services: BMC Helix for CSP and BMC Helix Continuous Optimization.

BMC Helix Service Management - Advanced:

• The subscription enables Customer to use up to 100 BMC Helix Digital Workplace users for each user and up to 100 BMC Helix Digital Workplace Self-Registered users regardless of the capacity.
• BMC Helix Digital Workplace Users. Each BMC Digital Workplace user can access an unlimited number of Device Endpoints per user subscription purchased. A “ Device Endpoint ” is a personal digital assistant, smart-phone, tablet, laptop, desktop workstation or similar computing device.
  • Connectors. Any third party Connector (as defined below) distributed by BMC for use with BMC solution is hereby excluded from the defined term “BMC Subscription Services”. Any such third party Connectors are governed by the terms provided with the Connectors and are specifically excluded from this Agreement. For the purposes of this provision, the term “ Connector ” means software code that integrates a third party’s product with a BMC Subscription Service.
  • Subscriptions. With respect to third party subscriptions that Customer requests via BMC Helix Digital Workplace to be provisioned, Customer is solely responsible for: (i) the number of subscriptions it has acquired from a third party, and (ii) the amounts payable for such subscriptions. Any subscription provisioning information provided by BMC Helix Digital Workplace is established solely by the information entered into BMC Helix Digital Workplace by Customer, and is provided “as is” for the convenience of the user. Customer is responsible for monitoring its internal subscription usage of each third party subscription, and such third party subscription’s usage and license compliance is governed by the terms of the agreement entered into between Customer and the third party. Customer acknowledges and agrees that this Subscription Service does not come embedded with any third-party classification service. Instead, Customer is responsible for obtaining a separate subscription to use third party classification services, like IBM Watson or Google AI, in connection with the Subscription Services. The terms and conditions of Customer’s subscription with the third-party classification services vendor (or its agents or designees) shall solely govern Customer’s use of the respective services in connection with the Subscription Services and Customer shall be responsible for any costs, overages, penalties, or fees arising from Customer’s use of the third-party classification services. Further, Customer shall use the service management capabilities featured in the Subscription Services solely in connection with BMC Helix ITSM.

BMC Helix Service Management – Standard:

• The subscription enables Customer to use up to 100 BMC Helix Digital Workplace users for each user and up to 50 BMC Helix Digital Workplace Self-Registered users regardless of the Capacity.
• BMC Helix Digital Workplace Users. Each BMC Helix Digital Workplace user can access an unlimited number of Device Endpoints per user subscription purchased. A “ Device Endpoint ” is a personal digital assistant, smart-phone, tablet, laptop, desktop workstation or similar computing device.
  • Connectors. Any third party Connector (as defined below) distributed by BMC for use with BMC Subscription Services is hereby excluded from the defined term “BMC Subscription Services”. Any such third party Connectors are governed by the terms provided with the Connectors and are specifically excluded from this Agreement. For the purposes of this provision, the term “ Connector ” means software code that integrates a third party’s product with a BMC Subscription Services.
  • Subscriptions. With respect to third party subscriptions that Customer requests via BMC Helix Digital Workplace to be provisioned, Customer is solely responsible for: (i) the number of subscriptions it has acquired from a third party, and (ii) the amounts payable for such subscriptions. Any subscription provisioning information provided by BMC Helix Digital Workplace is established solely by the information entered into BMC Helix Digital Workplace by Customer, and is provided “as is” for the convenience of the user. Customer is responsible for monitoring its internal usage of each third party subscription, and such third party subscription’s usage and compliance is governed by the terms of the agreement entered into between Customer and the third party. Customer acknowledges and agrees that this Subscription Service does not come embedded with any third-party classification service. Instead, Customer is responsible for obtaining a separate subscription to use third party classification services, like IBM Watson or Google AI, in connection with the Subscription Service. The terms and conditions of Customer’s subscription with the third-party classification services vendor (or its agents or designees) shall solely govern Customer’s use of the respective services in connection with the Subscription Service and Customer shall be responsible for any costs, overages, penalties, or fees arising from Customer’s use of the third-party classification services. Further, Customer shall use the service management capabilities featured in the Subscription Services solely in connection with BMC Helix ITSM.

BMC HR Case Management OnDemand : This subscription enables the Customer to use (a) up to 300 named users of BMC Helix Digital Workplace Basic for each BMC HR Case Management OnDemand named user, and (b) up to 750 named users of BMC Helix Digital Workplace Basic for each BMC HR Case Management OnDemand concurrent user.

Catchpoint for BMC Helix (1 Agent per Instance) - MarketZone :  The Subscription Services are limited to the use of the Catchpoint enterprise node that is deployed on-premises. The Subscription Services do not include the use of other nodes including but not limited to cloud nodes, backbone nodes, last mile nodes or real user monitoring. The number of tests executed per agent cannot exceed 400 tests (of any combination or type) in a one-hour period. The Subscription Services exclude the use of real end user monitoring functionality.

Digital.ai Analytics POC for BMC Helix – MarketZone : The term for the proof of concept (“ POC ”) shall not exceed 90 days, regardless of the Term set forth elsewhere on the Order. Upon the termination of the POC, and unless otherwise agreed to by the parties in writing, BMC shall delete all results of the Customer Content processed during the POC.

Digital.ai Change Risk Prediction for BMC Helix – Up to 750,000 Transactions – MarketZone : This Subscription Service is limited to 750,000 transactions during the Term. Should Customer exceed 750,000 transactions during the Term of the Subscription Service, Customer will be required to purchase the unlimited option of the Subscription Service.

Digital.ai Service Management Process Optimization for BMC Helix – Up to 750,000 Transactions – MarketZone : This Subscription Service is limited to 750,000 transactions during the Term. Should Customer exceed 750,000 transactions during the Term of the Subscription Service, Customer will be required to purchase the unlimited option of the Subscription Service.

Allocation Restriction for BMC Helix ITSM Suite Subscription Services : Notwithstanding anything to the contrary in this Order or the Agreement, and when the Subscription Service has a (i) “per named user - SaaS” Unit of Measure, Customer may exchange 3 named user subscriptions of the Subscription Service for 1 subscription of the same Subscription Service with the Unit of Measure of “per concurrent user - SaaS” or (ii) “per concurrent user - SaaS” Unit of Measure, Customer may exchange 1 concurrent user subscription for 3 subscriptions of the same Subscription Service with the Unit of Measure of “per named user - SaaS”. Customer will not incur additional charges for such exchange of subscriptions so long as Customer does not exceed the Capacity of the Subscription Service, however, Customer must: (i) notify BMC in writing of its intent to exchange the Subscription Services (ii) enter into a separate order to reflect Customer’s new apacity and the new Unit of Measure, and (iii) make the changes in the Subscription Services promptly after the new order has been executed. Customer may make such exchanges no more than once per year during the Term.

Allocation Restriction for BMC Helix Service Management Subscription Service : Notwithstanding anything to the contrary in this Order or the Agreement, and when the Subscription Service is licensed (i) on the “per named user - SaaS” Unit of Measure, Customer may exchange 3 named user subscriptions of the Subscription Service for 1 subscription of the same Subscription Service with the Unit of Measure of “per concurrent user - SaaS” or (ii) on the “per concurrent user - SaaS” Unit of Measure, Customer may exchange 1 concurrent user subscription for 3 subscriptions of the same Subscription Service with the Unit of Measure of “per named user - SaaS”. Customer will not incur additional charges for such exchange of subscriptions so long as Customer does not exceed the capacity of the Subscription Service granted to Customer, however, Customer must: (i) notify BMC in writing of its intent to exchange the Subscription Services and (ii) enter into a separate Order to reflect Customer’s new capacity and the new Unit of Measure, and (iii) make the changes in the Subscription Services promptly after the new order has been executed. Customer may make such exchanges no more than once per year during the Term.

B. Units of Measure

The following Units of Measure apply to certain Subscription Services and/or Platform Services.