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Linux for IBM System z Test Drive

Agreement

Linux for IBM System z Test Drive

IBM agreement for the Linux for the IBM System z Test Drive service
Please read the following IBM agreement for the Linux for System z no-charge Test Drive service (called the "Agreement") carefully. IBM will only provide this service to you if you first select the box marked "I agree", indicating your acceptance of the terms and conditions of the Agreement and then fill in and submit the sign-up form.

The Agreement
Using the Linux for the IBM System z Test Drive service (called "Service"), you may test Linux running on a System z system by utilizing software installed on the system. You register for the Service by completing the form. After you register, you will be provided a user id and password, which you will need to access the Service. IBM may provide rules for the Service (called the "Rules"), which are incorporated into this Agreement. The Rules (if any) will be made available to you through the Service, and you agree to abide by them.

Permitted use
Under this Agreement, you may use the Service only for your personal, lawful, internal use purposes. Any other use (including distribution, reproduction, resale, publication or transmission) is not permitted. You are responsible for creating your own search requests and for the results you obtain.

No warranty
The Service is being provided on an "AS IS" basis. In addition, IBM makes no warranties or conditions, either express or implied, including without limitation, warranties of title, non-infringement and the implied warranties of merchantability and fitness for a particular purpose, concerning the Service, or any information accessed using the Service.

The Service includes providing access to software from a Red Hat or SUSE Linux distribution ("OSS Code"). OSS Code is not IBM software and is being provided to you for access under license from the respective companies. OSS Code is provided "AS IS" and IBM is not responsible for the consequences of its use and will have no obligation to indemnify you for any claim based on them.

The Linux and other open source Program(s) that were packaged with, or preloaded onto, the IBM computer system you are accessing are licensed Novell SUSE or Red Hat Inc., or other distributors of open source Programs. IBM is not a distributor of the Linux or other open source Programs, but is merely a conduit through which these companies license open source Programs. You receive no express or implied patent or other license from IBM with respect to Linux and other open source Programs.

Limitation of liability
IBM will not be liable for any damages, including without limitation, lost profits, lost savings, or any incidental, special or indirect damages or other economic consequential damages, even if IBM has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

This limitation also applies to any of IBM subcontractors, suppliers or program developers (collectively called "Suppliers").

Charges
You will not be charged for your use of the Service under this Agreement. IBM will notify you before you are charged.

General
Under this Agreement, IBM is providing a Test Drive service but is not providing you with any information end-products. Therefore, your communications using the Service are not private or considered to be confidential, and IBM may monitor your use of the Service and any of your data transmissions occurring through it.

You will not provide IBM with any information, including that incorporated in your software, that is confidential to you or any other third party. Any notice, legend or label to the contrary contained in the software or with any information provided by you to IBM will be without effect.

This agreement does not grant you a license, either expressed or implied, to any IBM intellectual property, including patents copyrights or trademarks. Unless IBM specifies otherwise, you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or disassemble any aspect of the Service. Neither IBM nor its Suppliers are responsible for:

  1. the accuracy, completeness, timeliness, reliability, content or availability of the Service or any information retrieved;
  2. loss or damage to your records or data; or
  3. your use of or results achieved from the Service or any information retrieved.

You hereby grant IBM the right to use your trademarks and logos in internal and external publications to show your company's support of IBM products. Upon completion of your development work, please send us your logo in either jpeg or eps format to

This Agreement and the Rules are the complete and exclusive agreement regarding the Service and replace any prior oral or written communications between you and IBM. IBM may modify this Agreement and the Rules at any time by providing notice of the modification to you via the Service. If you do not accept the modification, you must immediately terminate your use of the Service. By continuing to use the Service, you accept the modification.

IBM may, at any time,

  1. revoke your access to the Service, or
  2. modify, change or withdraw the Service, in whole or in part.

You must be 18 years of age or older to register to use the Service. You are responsible for restricting the use of the Service by persons under 18 years of age. Neither of us will bring a legal action, under this Agreement, more than two years after the cause of action arose.

This Agreement is entered into in the State of New York, U.S.A. and governed by the laws of the State of New York. IBM provides this Service to you in the United States. You agree to comply with all applicable United States laws, including those regarding the export of data.

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