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Validation Program for z/OS

Validation Program for z/OS

IBM Agreement for the Validation Program for z/OS
Please read the following IBM agreement for no-charge remote access to an IBM hosted z/OS development system (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 register by completing and submitting the sign-up form.

After you register, you will be provided a user ID and password, which you will need to access the Service. You must be a member of IBM PartnerWorld in order to qualify for the Service, and, as such, relative to your use of the Service, these terms are in addition to and prevail over the terms of “IBM PartnerWorld Agreement - International Basic General Terms”.

The Service
IBM shall provide you with sixty (60) calendar days of remote access via the internet to an IBM z/OS system hosted at the IBM Innovation Center in Dallas, Texas, USA at no charge to you (called the “Service”) so that you may enable your software (software products, their related data, documentation and other copyrightable materials, derivative works, and enhancements to them, collectively called 'Software'), to operate on certain IBM systems and Programs.

The Service includes access to commercially available versions of IBM programs (“Programs”) including but not limited to DB2, WebSphere Application Server, CICS and WebSphere MQ. The complete list of Programs is available for viewing at Validation Program for z/OS Product Inventory Should you require additional IBM programs or different versions or releases than are provided in the standard configuration, IBM will assess your requirements and provide you access as available and at our discretion. Additional IBM programs may be subject to a fee.

IBM will provide you with technical assistance via email. Additional technical assistance may be available for a fee.

There are a limited number of engagements available for the Service and priority will be given on a first come, first served basis.

Permitted Use
Under this Agreement, you may at IBM's discretion, use the Service only for your personal, lawful, internal use purposes solely to develop new and/or enhance and upgrade existing Software to a more current version or release of z/OS or other Programs and to verify the proper operation of such Software. Any other use (including distribution, reproduction, resale, publication or transmission) is not permitted.

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. You will ensure that anyone who uses the Service on your behalf does so only in compliance with the terms of this Agreement. IBM grants you a nonexclusive, nontransferable, revocable license to access and execute code IBM provides access to on certain IBM systems solely in connection with the Services as provided under this Agreement.

Except as specifically set forth in this Agreement, IBM does not grant you a license, either expressed or implied, to any IBM intellectual property, including patents copyrights or trademarks. You may not download or otherwise copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or disassemble any aspect of the Service or code IBM provides access to.

Participant Responsibilities
Once you have accepted the terms and conditions of this Agreements, registered for the Service and completed the development, upgrade and/or verification of your Software, you agree to:

  1. register or update the new or updated Software in the IBM Global Solutions Directory and
  2. send IBM your logo in either jpeg or eps format to zISVq@us.ibm.com. You hereby grant IBM the right to to use your trademarks and logos in internal and external publications to show your company’s support of z/OS and other IBM systems or Programs.

Indemnification
You agree to fully indemnify, defend, and hold IBM harmless against 1) any claim that the Software, or any preexisting work from which the Software is prepared, infringes on any intellectual property right of any third party or 2) any other claims arising from the Software.

No warranty
IBM does not make any warranty in connection with this Agreement. 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.

IBM does not represent or commit that any code IBM provides access to under this Agreement or future IBM announcements or products related to this effort, including interface data related to a product will be made generally available. Any planned or existing IBM products or announcements are subject to change without notice.

The Service does not include access to non-IBM third party products. Should you require access to such products, it is your responsibility to contact the third party company and obtain an appropriate use and support license. You will be responsible for installing the software in your user disk storage. IBM has no obligation regarding any claim for anything provided by a third party for use with the Service.

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. If in the future, IBM wishes to charge you for use of the service IBM will notify you before you are charged.

General
Under this Agreement, IBM is providing the Service, but is not providing you with any information end-products.

IBM will use commercially reasonable efforts to maintain adequate security on the systems used to provide the Service, and to prevent intentional or inadvertent access by third parties. Your communications using the Service will occur in a restricted-access environment (through the user ID and password you set). IBM monitors the level of utilization of the Service, but does not routinely monitor communications or data generated through use of the Service or any of your data transmissions occurring through it.

Despite the Service's restricted-access environment, IBM does not guarantee the security of your Software and data against detection by third parties. You are responsible for the security of your Software and data, and for the security and maintenance of your user ID and password. Therefore, you agree to employ industry standard security measures to protect your confidential Software, data, userid, and password. You agree to notify IBM immediately if you learn that your user ID or password security has been compromised.

This Agreement does not grant IBM a license to any of your copyrights in the Software. IBM will not copy or access your Software, except to provide system back-up or, at your request, to render technical assistance to you. Occasionally, IBM may need to perform system maintenance on the hardware and or IBM-provided software within the Service. However, during your normal use of the Service, IBM will not intentionally seek to discover or be exposed to your confidential Software or other data on the Service. Other than through your normal use of the Service, unless expressly provided for in a separate IBM Agreement for Exchange of Confidential Information signed by both you and IBM, you will not provide IBM with any information, including that incorporated in your Software, that is confidential to you or any other third party.

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.

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 and terminate this Agreement, 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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