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Document ID: DDSE-3U6PQ2 |
Servers - Remote Connect Terms and Conditions
Applicable to: Canada, United States
Supported Systems
Netfinity 5000
Netfinity 5500
Netfinity 5500 M10
Netfinity 5500 M20
Netfinity 7000
Netfinity 7000 M10
Terms and Conditions
The IBM Remote Connect service program is licensed under the terms and conditions of the IBM International License Agreement for Services Programs. This program enables IBM support personnel to access your IBM Server for remote diagnosis of hardware and software problems. The program also provides the ability to download hardware and BIOS updates to your IBM Server. If you use this service, we will be making a record of your system software and hardware configuration. IBM is not responsible for your confidential or proprietary information, and the results obtained from using this program and service. Telephone and Internet connection charges may apply. To accept this service, please read the following IBM International License Agreement for Services Programs and indicate your acceptance by clicking on the I Agree icon.
IBM International License Agreement for Services Programs
Part 1 - General Terms
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PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. IBM WILL ONLY LICENSE THE PROGRAM TO YOU IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. REGARDLESS OF HOW YOU ACQUIRE THE PROGRAM (ELECTRONICALLY, PRELOADED, ON MEDIA OR OTHERWISE), BY USING IT YOU AGREE TO THESE TERMS.
The Program is owned by International Business Machines Corporation or one of its subsidiaries (IBM) or IBM's Suppliers, and is copyrighted and licensed, not sold. The PROGRAM consists of the following, including features and any whole or partial copies:
1. machine-readable instructions;
2. a collection of machine-readable data, such as a data base; and
3. related licensed materials, including documentation and listings, in any form.
The term "Program" includes an IBM Program and any non-IBM Program that IBM may provide to you. IBM grants you a nonexclusive, nontransferable license under the terms stated below to the Program in the country in which you acquire it.
This Agreement is the complete and exclusive agreement regarding a Program and replaces any prior oral or written communications between you and IBM. For a change to be valid, both you and IBM must sign it.
This Agreement includes Part 1 - General Terms and Part 2 - Country Unique Terms. The terms of Part 2 may replace or modify those of Part 1.
1. License
Under this license, you may: 1) use the Program (and any backup copy of it) only in conjunction with IBM's provision of warranty and maintenance services; 2) use the Program only on the machine for which it is provided; and 3) make one copy of the Program for backup purposes, provided you reproduce the copyright notice and any other legend of ownership on each copy of the Program. You agree not to do any of the following: 1) use or copy the Program except as provided in this Agreement; 2) modify or merge the Program; 3) reverse assemble, reverse compile, or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver; 4) sublicense or assign the license for the Program; or 5) distribute the Program to any third party.
This license will begin with your first use of the Program and end when the machine for which it is provided 1) is no longer covered by IBM warranty or maintenance services or 2) is removed from productive use within your business enterprise.
2. No Warranty
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PROGRAM.
This exclusion also applies to any of IBM's subcontractors, suppliers or program developers (collectively called "Suppliers").
3. Limitation of Liability
NEITHER IBM NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF IBM IS INFORMED OF THEIR 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.
4. Use of Data
You authorize us to use the data collected by the Program for problem determination or other system performance support.
5. General
There will be no additional charge for use of the Program for the duration of this license. IBM may terminate this license immediately if you fail to comply with the terms of this Agreement. If we do so, you agree to immediately destroy the Program and any backup copy you made. Neither you nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control.
You may not export the Program.
The laws of the country in which you acquired the Program govern this Agreement, except: 1) in Australia, the laws of the State or Territory in which the transaction is performed govern this Agreement; 2) in Central Europe and Russia, the laws of Austria govern this Agreement; 3) in Estonia, Latvia, and Lithuania, the laws of Finland govern this Agreement; 4) in Canada, the laws in the Province of Ontario govern this Agreement; 5) in the United Kingdom, the laws of England govern this agreement; and 6) in the United States and Puerto Rico, and the People's Republic of China, the laws of the State of New York govern this Agreement.
IBM International License Agreement for Services Programs
Part 2 - Country Unique Terms
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ASIA PACIFIC
AUSTRALIA: No Warranty (Section 2): The warranties specified in this Section are in addition to any rights you may have under the Trade Practices Act or other legislation and are only limited to the extent permitted by the applicable legislation.
Limitation of Liability (Section 3): The following paragraph is added to this Section:
Where IBM is in breach of a condition or warranty implied by the Trade Practices Act 1974, IBM's liability is limited to: (a) where IBM supplied services, the cost of having the services supplied again; or (b) where IBM supplied goods, the repair or replacement of the goods, or the supply of equivalent goods. Where that condition or warranty relates to right to sell, quiet possession or clear title, or the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption, then none of the limitations in this paragraph apply.
NEW ZEALAND: No Warranty (Section 2): The warranties specified in this Section are in addition to any rights you may have under the Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of any goods or services which we provide, if you require the goods and services for the purposes of a business as defined in the Act.
Limitation of Liability (Section 3): The following paragraph should be added to this Section:
Where products or services are not acquired for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act.
EUROPE, MIDDLE EAST, AFRICA (EMEA)
GERMANY: No Warranty (Section 2): The warranty for an IBM Program covers the functionality of the Program for its normal use. In case a Program is delivered without specifications, IBM will only warrant that the Program information correctly describes the Program and that the Program can be used according to the Program information. The minimum warranty period is six months. Limitation of Liability (Section 3): The limitations and exclusions specified in the Agreement will not apply to damages caused by us with intention or gross negligence. IBM is liable for assured characteristics.
IRELAND: No Warranty (Section 2): Except as expressly provided in these terms and conditions, all statutory conditions, including all warranties implied, but without prejudice to the generality of the foregoing all warranties implied by the Sale of Goods Act 1893 or the Sale of Goods and Supply of Services Act 1980 are hereby excluded.
ITALY: Limitation of Liability (Section 3): The clause is replaced by the following: Unless otherwise provided by mandatory law, IBM is not liable for any damages which might arise.
UNITED KINGDOM: Limitation of Liability (Section 3): Add the following paragraph at the end of the first paragraph:
The limitation of liability shall not apply to any breach of IBM's obligations implied by Section 12 of the Sales of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982.
Z125-5561-00 2/97
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Date Created |
04-05-98 | |
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Last Updated |
18-03-99 | |
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Revision Date |
18-03-2000 | |
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Brand |
IBM PC Server | |
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Product Family |
Netfinity 5000, Netfinity 5500, Netfinity 5500 M10, Netfinity 5500 M20, Netfinity 7000, Netfinity 7000 M10 | |
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8659, 8660, 8661, 8662, 8651, 8680 | |
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All | |
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