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Revised terms and order process: IBM Machine Code License Acceptance Agreement

IBM United States Hardware Announcement 113-027
February 19, 2013

Table of contents
Overview Overview Product number Product number
Planned availability date Planned availability date

(Corrected on July 16, 2013)

The Overview and Planned availability date sections are revised.

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Overview
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Starting April 1, 2014, IBM® will require that customers sign an agreement to document their acceptance of the Machine Code (including Licensed Internal Code) license terms for orders of certain IBM Machines. To support this requirement, IBM will make available the new " IBM Agreement for Acceptance of the IBM License Agreement for Machine Code" and the " IBM Customer Agreement, Attachment for Acceptance of the IBM License Agreement for Machine Code" (either is also referred to as the "License Acceptance Agreement"). Execution of the License Acceptance Agreement by the Machine user and IBM will constitute the user's acceptance of the IBM License Agreement for Machine Code (also referred to as the "License Agreement") for all IBM Machines on a going-forward basis, regardless of how or from whom the IBM Machine is acquired.

On April 2, 2012, IBM updated the terms of the License Agreement. The License Agreement governs use of Machine Code (including Licensed Internal Code). The updated License Agreement applies for all IBM Machines and MES orders which shipped starting April 2, 2012. Most updates to the License Agreement were made to clarify the terms regarding use of Machine Code. The updated license terms now clarify that while a Machine and its Machine Code may be transferred (only IBM can grant the subsequent user of the Machine a license to Machine Code), IBM will now require that a new user document its acceptance of the License Agreement in writing for certain IBM Machines for such user to have a valid license to the Machine Code.

As a result, when a Machine is acquired, either directly from IBM , through an IBM Business Partner, or as a used machine on the open market, the new user of the Machine will obtain, directly from IBM , a license for use of Machine Code on the Machine provided that such user accepts the License Agreement. For many IBM Machines, the user conveys its acceptance of the license simply through the use of the Machine ( IBM designates such IBM Machines as "Acceptance-By-Use Machines"); for all other IBM Machines (as specified below), the new user must document its acceptance (in writing with IBM ) of the terms of the License Agreement.

The list of Machines requiring acceptance of the License Agreement by means of written documentation is as follows:

IBM System z® : 2097, 2098, 2458, 2817, 2818, and 2827
IBM Power Systems™ : 9109, 9117, 9119, and 9179
IBM Storage Systems: 2421, 2422, 2423, 2424, 3592. 3952, 3956, and 3957

Starting April 1, 2014, the License Acceptance Agreement must be executed and returned to IBM before IBM will ship any Machine requiring express written acceptance of the License Agreement's terms.

The latest IBM License Agreement for Machine Code is available for review

http://www.ibm.com/systems/support/machine_warranties/machine_code.html

IBM specifies, through this website, which Machines are Acceptance by Use Machines and which require signature of the License Acceptance Agreement

http://www.ibm.com/systems/support/machine_warranties/support_by_product.html

The License Acceptance Agreement is available for review and signature today, and will be required for certain Machine orders effective April 1, 2014.



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Planned availability date
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IBM intends to make the License Acceptance Agreement available for customer signature immediately. Orders for Machines requiring signed acceptance will require signature of the License Acceptance Agreement starting April 1, 2014.



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Product number
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Machines 
 
IBM System z: 2097, 2098, 2458, 2817, 2818, and 2827
IBM Power Systems: 9109, 9117, 9119, and 9179
IBM Storage Systems: 2421, 2422, 2423, 2424, 3592, 3952, 3956, and
3957


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Accessibility by people with disabilities
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A US Section 508 Voluntary Product Accessibility Template (VPAT) containing details on accessibility compliance can be requested at

http://www.ibm.com/able/product_accessibility/index.html


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Section 508 of the US Rehabilitation Act
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System z servers, Power Systems products and Storage Systems products are capable on delivery, when used in accordance with associated IBM documentation, of satisfying the applicable requirements of Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794d, as implemented by 36 C.F.R. Part 1194, provided that any Assistive Technology used with the Product properly interoperates with it.



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Business Partner information
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If you are a Direct Reseller - System Reseller acquiring products from IBM , you may link directly to Business Partner information for this announcement. A PartnerWorld® ID and password are required (use IBM ID).

https://www.ibm.com/partnerworld/mem/sla.jsp?num=113-027
Trademarks

Power Systems is a trademark of IBM Corporation in the United States, other countries, or both.

IBM, System z and PartnerWorld are registered trademarks of IBM Corporation in the United States, other countries, or both.

Other company, product, and service names may be trademarks or service marks of others.

Terms of use

IBM products and services which are announced and available in your country can be ordered under the applicable standard agreements, terms, conditions, and prices in effect at the time. IBM reserves the right to modify or withdraw this announcement at any time without notice. This announcement is provided for your information only. Additional terms of use are located at:

http://www.ibm.com/legal/us/en/

For the most current information regarding IBM products, consult your IBM representative or reseller, or visit the IBM worldwide contacts page

http://www.ibm.com/planetwide/us/

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