Re: IBM i in the cloud (was social media) -- WEB400

But they are only valid if they are in an agreement that I have to
either click to accept or sign and fax. I am going to continue
looking to make sure there isn't a second agreement involved (which
there very well could be).

Aaron Bartell
www.MowYourLawn.com/blog
www.OpenRPGUI.com
www.SoftwareSavesLives.com

On Mon, Nov 15, 2010 at 5:57 PM, Vern Hamberg <vhamberg@xxxxxxxxxxx> wrote:

Aaron

I've seen statements at the Hardware Mall (I think) and Software Access
Catalog that state some limitations.

Vern

On 11/15/2010 5:39 PM, Aaron Bartell wrote:

I wanted to go back and reread the wording in detail. Here is the
only section I can find in the document that details how the machine
cannot be used:

1.11.2 Assignment and Resale
Neither party may assign this Agreement, in whole or in part, without
the prior written consent of the other. Any attempt to assign without
consent is void. The assignment of this Agreement, in whole or in
part, within the Enterprise of which either party is a part or to a
successor organization by merger or acquisition does not require the
consent of the other. IBM is also permitted to assign its rights to
payments without obtaining Customer's consent. It is not considered an
assignment for IBM to divest a portion of its business in a manner
that similarly affects all of its customers.
Customer agrees not to resell any Service without IBM's prior written
consent. Any attempt to do so is void.
Customer agrees to acquire Machines with the intent to use them within
its Enterprise and not for reselling, leasing, or transferring to a
third party, unless either of the following applies:
Customer is arranging lease-back financing for the Machines; or
Customer purchases the Machines without any discount or allowance, and
does not remarket them in competition with IBM's authorized
remarketers.

IBM defines the "Service" term as the following:

Service - performance of a task, assistance, support, or access to
resources (such as an information database) that IBM makes available
to Customer.

If I am reading the last portion correctly, and given the fact I have
arranged lease-back financing for the machine (i.e. lease to own at
"fair market value"), and given it is an "or" condition between the
last two items, wouldn't that technically mean I could sublet out the
machine?

I also thought the machines could only be used for development
purposes and not for production workloads but am not seeing that
anywhere in the document.

Here is the document again in case anybody else wants to see where I
am getting the information from:
http://mowyourlawn.com/temp/IBMCustomerAgreement_ISVHardwareMall.pdf

Maybe the usage allowance is more liberal than what I remember, or
maybe it has changed since I reviewed the last one.

Aaron Bartell
www.MowYourLawn.com/blog
www.OpenRPGUI.com
www.SoftwareSavesLives.com

On Mon, Nov 15, 2010 at 5:05 PM, Jim Oberholtzer<midrangel@xxxxxxxxxx> wrote:

The Terms and Conditions in the Partner in Development program prohibits
this type of use. You could do it if you purchased a full system as an
end customer, but then the economies of purchase come into the game.
Don't forget the other infrastructure costs as well. Furthermore
comparing a POWER system with IBM i running to anything running on Intel
is no fair comparison.

Jim Oberholtzer
Chief Technical Architect
iDevCloud.com

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