IBM agreement for the Linux on Z Test Drive service

Please read the following IBM agreement for the Linux for z Systems 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.

IBM Linux on Z Terms and Conditions

Please review all sections of the Terms and Conditions before accepting by pressing the button at the bottom of this page.

1a. The Agreement

Using the Linux on Z Test Drive system (called "Service"), you may test Linux running on a Z by utilizing software installed on the system. You can 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. agree to abide by them.

1b. The Agreement

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.

2. 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.

3a. 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.

3b No warrenty

The Service includes providing access to software from Red Hat, SUSE or Ubuntu distribution DVDs. The 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.

3c. No warrenty

Linux and the OSS apps that were packaged with or preloaded onto the LoZ system you request are licensed by SUSE, Red Hat, Ubuntu (Canonical) or other distributors of OSS code. IBM does not distribute Linux or other OSS code. IBM is just a conduit through which these companies license OSS apps. You receive no express or implied patent or other license from IBM with respect to Linux and OSS apps.

4a. 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.

4b. Limitation of liability

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").

5. Charges

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

6a. General terms

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.

6b. General terms

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.

6c. General terms

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:

6d. General terms

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.

6e. General terms

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.

6f. General terms

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.

8a. 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.

8b. IBM may, at any time...

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.

After reading the rules