Community Development System for Linux

Terms of Service

1. Acceptance of Terms

Welcome to the Linux Community Development System (the "Service"), a service provided by IBM ("we", "us" and "our"). The following terms govern your use of the Service. Please read the Terms of Service ("TOS") carefully before registering for the Service. Your use of the Service and assigned User ID is subject to the terms of the then-current TOS and the Acceptable Use Policy for IBM e-business Services (the "Acceptable Use Policy", collectively the "Agreement"), which may change from time to time. The Acceptable Use Policy can be found at http://www.ibm.com/services/e-business/aup.html. The TOS may be changed at any time on fifteen (15) days notice by e-mail. We will provide notice of changes to the TOS by posting the new TOS or a description of the Service change at /systems/z/os/linux/support/community.html. The Acceptable Use Policy may change from time to time upon notice. Any use by you of the Service and assigned User ID in a manner that violates the Agreement may result in the termination or suspension of your access to the Service and assigned User ID. You accept the terms of the Agreement by clicking the "YES, I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS" button below. Acceptance of the Agreement does not constitute registration. Registration is done by completing the registration process.

2. The Service

The Service provides you with access to a Linux on S/390 environment for the purpose of providing the Open Source community with a platform to develop, port and/or test drive your products or applications on this platform (the "Purpose").

To access the Service, you will need to subscribe to an Internet Service Provider ("ISP"). We provide the Service free of charge; however, charges and terms for your Internet access are provided solely by the ISP.

You may engage with IBM, software vendors and distributors for the use of proprietary software within the virtual space allocated to your user ID. You will be solely responsible for acquiring appropriate authorization to use any software programs you utilize in connection with the Service, and complying with the terms and conditions associated with such software programs. IBM shall not be liable to you or any third party in connection with your use of such software programs.

3. Registration

You must register with the Service by completing the registration process by clicking the "YES, I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS" button below. You agree in the registration process to i) provide true, accurate, current and complete information on the registration form; and ii) maintain and update any information you provide, as necessary. IBM may, at its sole discretion, deny registration. If we reasonably determine that you have supplied inaccurate, untrue, incomplete or not current information, at our sole discretion, we may immediately suspend or terminate your access to the Service, and prohibit any further access to the Service. Upon successful completion of the registration process you will be assigned a User ID and password. You will be wholly responsible for preserving the confidentiality of your User ID and password. You are fully responsible for all activities that occur under your User ID and password. If you suspect unauthorized use of the Service or your User ID, you will notify us immediately by sending an e-mail message to Linuxats@us.ibm.com. We shall not be liable for any loss or damage arising from any unauthorized use of the Service. Registration data supplied by you may be used or shared subject to IBM's Privacy Policy which can be read by clicking the Privacy button on this Web site. We reserve the right to change this Policy from time to time. You agree to periodically review the Privacy Policy and that any changes to it shall also apply under this TOS, or any amendments thereto. Upon expiration or termination of your access to the Service, your user ID and password will be deactivated and you shall be prevented from further access to the Service, and any Content (as defined below) placed by you shall be deleted.

4. Your Responsibilities

You agree

A) that your use of the Service and all information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever (hereinafter "Content") will comply with the Acceptable Use Policy;

B) that you are solely responsible for all Content, without limitation, that you post, publicly or privately, upload, or transmit;

C) that you will only download from the Service Content that you have uploaded onto the virtual space assigned to you, or Content you have created;

D) that you will use the Service solely in furtherance of the Purpose of the Service;

E) that you will not use the Service for commercial purposes;

F) that you will only access the virtual space made available to you, and you will not attempt to obtain access to, use, or otherwise interfere with the virtual space of another user of the Service; and

G) to promptly notify IBM in writing of any event or circumstance related to the Agreement or your use of the Service of which you become aware that could lead to a claim or demand against IBM, and you will provide all relevant information relating to such event or circumstance to IBM at IBM's request.

IBM reserves the right to investigate suspected violations of your obligations set forth in the Agreement. If IBM reasonably determines that a breach of any such obligation has occurred, then IBM may, in its sole discretion:

A) terminate your User ID and password;

B) terminate, withdraw or restrict any and all of your current or future use of the Service;

C) remove or require removal of any offending Content; and/or

D) exercise other rights and remedies, at law or in equity.

5. Termination

We may at any time modify or discontinue any or all aspects of the Service without notice. In addition, we may terminate, withdraw or restrict your access to the Service (in whole or in part), without notice, if in our sole discretion, we determine that

A) you have violated the Agreement;

B) your use of the Service is inconsistent with the Purpose of the Service;

C) for security reasons or for proper continued operation of the Service;

D) upon your request for such termination; or

E) if required by an applicable law, regulation, court or governing agency order.

Upon termination of your access to the Service, your User ID and password will be deactivated and you shall be prevented from further access to the Service, and any Content placed by you shall be deleted. You are solely responsible for backing up your Content on a periodic basis to prevent loss or damage to such Content. IBM will not be responsible for your Content, including without limitation, situations where we terminate your access to the Service.

6. No Confidential Information

All information exchanged between the you and us is non-confidential; however, registration data is protected by us in accordance with the Privacy Policy.

7. Warranties and Disclaimers

IBM PROVIDES THE SERVICE, ALL ASSOCIATED MATERIALS, PRODUCTS, DATA, APPARATUS AND SOFTWARE "AS IS", WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE AND NON-INFRINGEMENT. YOU ASSUME ALL RISK FOR USING THE SERVICE IN ANY ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, OR BUSINESS MAY RESULT IF AN ERROR OR INTERRUPTION OCCURS. WITHOUT LIMITATION, NO WARRANTY, CONDITION OR REPRESENTATION IS MADE THAT THE SERVICE IS ERROR-FREE, UNINTERRUPTED, TIMELY, OR SECURE, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT IBM WILL CORRECT DEFECTS. WE MAKE NO WARRANTY, CONDITION OR REPRESENTATION FOR THE TIMELINESS, DELETION, MIS-DELIVERY, DELAY IN OPERATION OR TRANSMISSION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO A USER'S DATA OR CONTENT, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. WE MAKE NO WARRANTY, CONDITION OR REPRESENTATION REGARDING THE CAPABILITY OF THE SERVICE TO CORRECTLY PROCESS, PROVIDE, AND/OR RECEIVE DATE DATA WITHIN AND BETWEEN THE 20TH AND 21ST CENTURIES.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT OUR SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR DATA. WE ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF, YOUR INFORMATION CARRIED OVER TELECOMMUNICATIONS CARRIERS' OR OTHER PROVIDERS' FACILITIES.

IBM does not control the transfer of data over the Internet. IBM does not warrant secure operation of the Service. In addition, IBM does not warrant that it will be able to prevent third party disruptions of the Service.

IBM does not make any representation or warranty as to the capacity, performance or scalability of the Service.

8. Limitation of Liability

Your sole right and exclusive remedy and our exclusive liability if you are dissatisfied with the Service or any guidelines or policies is to terminate your use of the Service as provided in Section 5 (Termination).

IN NO EVENT WILL IBM, OR ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, SAVINGS, OR DATA), EVEN IF THEY ARE INFORMED OF THE POSSIBILITY. 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.

9. Indemnification

You agree to indemnify, defend and hold harmless IBM, our affiliates, contractors, service providers, employees, agents and their respective employees, officers, and directors from and against any third party claim (and pay all damages that a court of competent jurisdiction awards to such third party and any reasonable attorneys' fees and expenses of defense incurred by IBM), related to or arising from your violation of the Agreement, your use of the Service, or the posting or transmission of any Content by you.

10. No Sale of Service, No Sale or Lease of Goods

You agree not to reproduce, duplicate, copy, sell or resell for any purposes, the Service, use of the Service, or access to the Service, in whole or in part. As between you and IBM, IBM retains all right, title and interest in any hardware or software provided by IBM in connection with this Service. No goods are sold or leased from IBM under the Agreement. If you desire to purchase or to lease goods from IBM, such purchase or lease will be governed by a separate mutually acceptable written agreement between you and IBM.

11. Publicity and Trademarks

Neither you nor IBM grants the other the right to use its trademarks, trade names, or other designations in any promotion or publication without prior written consent.

12. General Information

The Agreement will be governed by the substantive laws of the State of New York, without regard for its conflict of laws provisions. The parties waive any right to a jury trial in any proceeding arising out of or related to the Agreement. If any provision of the Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Agreement shall in no way be affected or impaired thereby. Neither party will bring a legal action related to the Agreement more than two years after the cause of action accrued.

You acknowledge that you are of the age of majority and have the requisite legal capacity to enter into this Agreement.

You shall be solely responsible for complying with applicable export laws and regulations of the United States.

Nothing herein shall be deemed to create an agency, joint venture, partnership, employer-employee, or franchisor-franchisee relationship between IBM and a user. The Agreement does not create any intended third party beneficiary rights.

The Agreement constitutes the complete agreement between the parties relating to the subject matter hereof. The Agreement replaces and supersedes any other prior or contemporaneous agreements or communications between the parties related to the subject matter hereof.

For general inquiries about the Service or these TOS please contact: linuxats@us.ibm.com.

Online Copyright Infringement Notifications:

In the United States, the following is IBM's agent to receive notifications of claimed infringement in accordance with the Online Copyright Infringement Liability Limitation Act:

Alec Berman, Esq.
1133 Westchester Avenue
White Plains, NY 10604

Phone: 914 642-5847

Fax: 914 642-4365

Email address: asberman@us.ibm.com

YES, I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS

NO, I DO NOT AGREE WITH THE TERMS AND CONDITIONS