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IBM Power Skills Academy
Usage Agreement

The purpose of this IBM Power Skills Academy agreement ("Agreement") is to make available certain software, resources, or cloud services for educational and limited non-commercial research only to students, employees, or contractors of qualifying educational institutions. You accept the terms of this Agreement by completing the registration process at ibm.com/university/power.

This Agreement and any IBM license agreements and any other agreements under which Eligible Resources are made available are the complete agreement between You and IBM regarding the use of those Eligible Resources. This Agreement replaces any prior oral or written communications between You and IBM regarding this offering. If there is a conflict between any of the terms of other applicable licenses or agreements and those of this Agreement, the terms of this Agreement prevail to the extent that the terms conflict.

Definitions

Educational Materials:The term "Educational Materials" means educational material that IBM or a third party on behalf of IBM may make available. Educational Materials may be tutorials, instructor guides, student guides, lab guides, lab exercises, slide decks, sample tests, syllabi, workbooks, charts, and white papers. Educational Materials may be delivered in the form of software or written material, computer-based training (CBT) or web-based training (WBT) courses, webcasts, or Adobe Acrobat ("PDF") or csv files or files in other revisable formats.

Eligible Resources:Eligible Resources include cloud services, Educational Materials, and other resources that are listed on the IBM Power Skills Academy website at ibm.com/university/power/.

Institution:An accredited publicly- or privately funded educational institution approved by IBM to participate in this offering. Qualifications for approval are listed on the program FAQ page located here: [ibm.com/university/power/psa-faq.html]

Registered Educator: A member of an Institution's teaching or research staff who has registered, with the authorization of their Institution, to participate in this offering.

Registered Student: A student of an Institution who has the authorization of their Institution to participate in this offering.

You: An Institution accepting the terms of this Agreement.

License

IBM grants You a nonexclusive, nontransferable license to use the Educational Materials and Derivatives (as defined below) solely for instruction and learning at the Institution, as well as noncommercial research pertaining to the credited class in which the Educational Materials are made available. This use includes the design, development and testing of applications, hardware or virtual environments created by You. Eligible Resources and Derivatives may not be used in production environments. Registered Educators may distribute Eligible Resources and Derivatives only to Registered Students enrolled in specific courses or programs at the Institution who require access for purposes of participating in such courses or programs.

Eligible Resources and Derivatives may not be 1) used, copied, modified, or distributed except as provided in this Agreement; 2) reverse assembled, reverse compiled, or otherwise translated, except as specifically permitted by law without the possibility of contractual waiver; 3) sublicensed, sold, rented, leased or otherwise transferred outside of the Institution ; 4) have Internet "links" to or from the offering for third parties to access. No Eligible Resource or Derivatives may be used for commercial or administrative purposes. In addition, Eligible Resources and Derivatives may not be used for noncredit courses which do not lead to nationally recognized qualifications or levels of academic achievement unless indicated to the contrary by IBM at ibm.com/university/power/. IBM shall have no responsibility for any costs required for certification examinations or training for any Registered Educator or Registered Students.

Only Registered Educators may make copies of Educational Materials, including backup copies, to support the level of use authorized, provided that the copyright notices and any other legends of ownership are reproduced on each copy or partial copy of the Educational Materials. The terms of this Agreement apply to each copy or partial copy a Registered Educator may make.

Derivative Works

Registered Educators may modify, translate, or take excerpts from select Educational Materials provided under this Agreement ("Derivatives "). In connection therewith, Registered Educators must give proper IBM attributions. Upon request, You will provide IBM with a copy of any and all such Derivatives.

Registered Students may not modify, translate, distribute, or take excerpts from the Educational Materials that IBM provides.

Ownership

IBM or its suppliers own (1) the Eligible Resources and (2) any and all Derivatives created under this Agreement.

Cloud Services

Some Eligible Resources may be made available to You remotely through the Internet providing access to (i) functionality of programs, services and (ii) infrastructure and include related offering materials as part of the remote offering. Access to and use of IBM cloud based offerings may be subject to additional terms and conditions. IBM cloud offerings may not be programs but may require You to download other software to use. You agree that IBM is not providing You with access to the Internet to use IBM cloud offering(s) and that You remain responsible for Internet access. You also acknowledge that IBM and its subsidiaries (1) do not control the transfer of data over telecommunications facilities, including the Internet, and (2) in a public Internet environment cannot commit to particular confidentiality obligations.

Eligible Resources available through the Internet may not be "framed" or "mirrored" forming part of an IBM cloud offering, other than on Your own intranets in connection with Your authorized use of the IBM cloud offering.

Charges and Taxes

IBM provides Eligible Resources under this Agreement at no charge.

If any authority imposes a duty, tax, levy, or fee, excluding those based on IBM's net income, upon Eligible Resources supplied by IBM under this Agreement, then You agree to pay that amount as IBM or IBM authorized partner/agency specifies in an invoice or equivalent document or supply exemption documentation.

IBM Support and Maintenance

IBM does NOT provide support or maintenance for any Eligible Resources provided through this Agreement. IBM provides administrative assistance only to You for access to each Eligible Resource available under this Agreement. IBM provides no charge assistance for most resources via web-based self-service forums and portals which permit access to a knowledge base of documentation, frequently asked questions, hints and tips, technical notes, readme files, programming samples, newsgroups, product fixes and refreshes, and product evaluations. Links to most IBM support resources can be found at: www.ibm.com/support/

Your Responsibilities

You represent that You have the authority to enter this Agreement.

You agree to:

Read, understand, and agree to be bound by the terms of this Agreement. Ensure that any Registered Educator and Registered Student to whom You provide access to any Eligible Resources has read, understands, and agrees to be bound by the terms of this Agreement. You will be responsible for Registered Educators’ and Registered Students’ compliance with this Agreement. Except for cloud services, You agree to maintain records of all copies made of Eligible Resources, including the names and email addresses of the users to whom they were distributed. Allow IBM to monitor Your utilization of resources available through this Agreement and publicly report on overall IBM Power Skills Academy participation. At no time will Your individual participation be publicly shared without Your consent. Request cloud access by each qualifying Registered Educator and Registered Student. Comply with all applicable export and import laws and associated embargo and economic sanction regulations, including those of the United States, that prohibit or restrict the export, re-export, or transfer of products, technology, services, or data, directly or indirectly, to certain countries, or for certain end uses or end users. Never to undertake any activity connected with the use of Eligible Resources that may directly or indirectly support terrorists or acts of terrorism, or for any other unlawful purpose.

No Warranty

THE ELIGIBLE RESOURCES ARE PROVIDED “AS-IS”. SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT REGARDING THE ELIGIBLE RESOURCES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. The exclusion also applies to any of IBM's subcontractors, suppliers, or program developers.

Manufacturers, subcontractors, suppliers, program developers or publishers of non-IBM programs may provide their own warranties.

Business Contact Information

IBM, its affiliates, and contractors of either require use of business contact information and certain account usage information. Business contact information is used to communicate and manage business dealings with you. Examples of business contact information include name, business telephone, address, email, user ID, and tax registration information. Account usage information is required to enable, provide, manage, support, administer, and improve IBM products. Examples of account usage information include digital information gathered using tracking technologies, such as cookies and web beacons during use of IBM services. The IBM Privacy Statement at https://www.ibm.com/privacy/ provides additional details with respect to IBM's collection, use, and handling of business contact and account usage information. When you provide information to IBM and notice to, or consent by, the individuals is required for such processing, you will notify individuals and obtain consent.

Limitation of Liability

Circumstances may arise where, because of a default on IBM's part or other liability, You are entitled to recover damages from IBM. In each such instance, regardless of the basis on which You are entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM is liable for no more than:

damages for bodily injury (including death) and damage to real property and tangible personal property; and the amount of any other actual direct damages up to the charges You paid for the Eligible Resources that is the subject of the claim. If You receive the Eligible Resources that is the subject of the claim at no charge, then IBM is not liable for any actual direct damages other than those specified in item 1 above in this section.

This limit also applies to any of IBM's subcontractors, suppliers, and program developers. It is the maximum for which IBM and its subcontractors, suppliers and program developers are collectively responsible.

Items for Which IBM is Not Liable

Under no circumstances is IBM, its subcontractors, suppliers, or program developers liable for any of the following even if informed of their possibility:

loss of, or damage to, data. special, incidental, exemplary, or indirect damages or for any economic consequential damages; or lost profits, business, revenue, goodwill, or anticipated savings.

Change in Terms

IBM may change the terms of this Agreement by giving You one month's notice via mail or e-mail. The revised terms will be posted at the IBM Power Skills Academy website. Otherwise, for any other change to be valid, both of us must agree through a digital signature or signed writing. Changes are not retroactive. Additional or different terms in any written communication from You are void.

Term and Termination

Unless otherwise stated in the offer description, the offering has no term end date for as long as You qualify for participation as outlined in this Agreement.

If IBM determines that You have failed to comply with the terms of this Agreement or that You no longer qualify for Eligible Resources, IBM may immediately and without prior notice terminate this Agreement. In addition, IBM may terminate this Agreement for convenience on one month's written notice (including via email) to You. You may terminate this Agreement on written notice to IBM at powerskills@us.com following the expiration or termination of Your obligations or status.

Upon termination of this Agreement for any reason, all rights and licenses granted to You hereunder terminate and IBM may immediately terminate Your access to and use of the Eligible Resources and Derivatives . Any terms of this Agreement which by their nature extend beyond the termination of this Agreement remain in effect until fulfilled and apply to both of our respective successors and assignees.

General

You may not assign this Agreement, in whole or in part, without the prior written consent of IBM. Any attempt to do so is void. You agree to use Eligible Resources received under this Agreement in accordance with all laws, rules, policies, and regulations applicable to You, including without limitation anti-bribery laws. You agree that no-charge access to Eligible Resources is not intended to circumvent Your established or local procurement or ethics laws or rules. In addition, such access is not intended to and will not influence Your procurement decisions (or any organization with which You may be affiliated). You agree Your No-charge access to the Eligible Resources will not preclude or restrict IBM from proposing or bidding on any business opportunities that might exist now or in the future with Your institution. No-charge access to the Eligible Resources is not made for the purpose of lobbying. You and IBM will each take appropriate action to mitigate or eliminate any conflicts of interest that might interfere with no-charge access to the Eligible Resources or any future agreements between the parties. Neither of us grants the other the right to use its trademarks, trade names, or other designations in any promotion or publication without prior written consent. All information exchanged is nonconfidential. If either of us requires the exchange of confidential information, it will be made under a signed confidentiality agreement. Each of us is free to enter into similar agreements with others. Each of us grants the other only the licenses and rights specified in this Agreement. No other licenses or rights (including licenses or rights under patents) are granted. Each of us may communicate with the other by electronic means and such communication is acceptable as a signed writing. An identification code (called a "user ID") contained in an electronic document is sufficient to verify the sender's identity and the document's authenticity. You agree that this Agreement will not create any right or cause of action for any third party, nor will IBM be responsible for any third party claims against You except as permitted by the Limitation of Liability section above for bodily injury (including death) or damage to real or tangible personal property for which IBM is legally liable. Neither You nor IBM will bring a legal action under this Agreement more than two years after the cause of action arose unless otherwise provided by law without the possibility of contractual waiver or limitation. Neither You nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect. You agree also that this agreement can be executed using an electronic signature and that the binding nature of an electronic signature is the legal equivalent of a manual signature. You also agree no certification authority or other third party verification is necessary to validate our e-signature and that the lack of such certification authority or third party verification will not in any way affect the enforceability of these English language terms and conditions regardless of local language restrictions or otherwise. If You do not agree to these terms, do not use the Eligible Resources.

Geographic Scope

The rights, duties, and obligations of each of us are valid only in the country in which You are headquartered.

Governing Law

Both parties agree to the application of the laws of the State of New York to the Agreement, without regard to conflict of law principles. [USA Only: U.S. Government Users Restricted Rights - Use, duplication, or disclosure restricted by the GSA ADP Schedule Contract with the IBM Corporation.]

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