These Terms of Use (Terms) govern Client’s use of IBM’s products and services accessible through the Power Skills Academy Cloud (the Services). Services are provided for education and non-production purposes only.
By using the Services, Client agrees to these Terms for the duration of the engagement. Read the terms carefully. Client agrees to also follow any policies made available within the Services, including those in the Power Skills Academy Usage Agreement. Either party may end the Services at any time by providing written notice via email to the other party.
IBM provides these Services to Client for no charge, for the purpose of educational purposes at the academic institution under which you registered.
Client may not misuse the Services. For example, Client may not interfere with IBM Services or try to access Services using a method other than the interface and the instructions provided. Client agrees to use Services in compliance with applicable laws and regulations applicable to Client and its industry, including applicable export and re-export control laws and regulations. IBM may suspend terminate Services for noncompliance with terms or policies or suspected misconduct.
Using IBM Services does not give Client ownership of, or any other intellectual property rights in, IBM Services or the IBM content Client accesses. Client may not use content in the Services unless Client obtains permission from the owner of such content or are otherwise permitted by law. Client may not use IBM branding or logos in any way. Client may not remove, obscure, or alter any legal notices displayed in, or along with, the Services.
In consideration for the use of the Services, Client agrees not to disclose, publish, or disseminate any information about the performance of the Services, including the existence of the arrangement or the Terms, or that testing has been conducted, without our prior written consent from IBM.
In connection with the Services, IBM may send administrative messages, access links, and other information. Client will need an account (Account) to use some of the Services. Client’s Account will be assigned by an IBM administrator. To protect the Account, Client agrees to keep the password confidential. Client is responsible for the activity that happens on or through its Account. If Client learns of any unauthorized use of the password or Account, Client agrees to notify IBM immediately.
Through the Account, IBM may provide remote access to one or more of the Services via connection to a secured IBM Local Area Network (the IBM LAN). Authentication is required for accessing the IBM LAN via an encrypted Virtual Personal Network (VPN) tunnel from the Internet to the Services. Without IBM’s specific written advance authorization, Client cannot copy or erase any IBM-provided code or data from any of the Services. IBM reserves the right to terminate the Internet connection immediately without notice in the sole discretion of IBM. Client is entirely responsible for the security of Client’s software, data and other content, and facilities.
Content consists of all data, software, and information that Client or its authorized users provides, authorizes access to, or inputs to the Services or information or data Client may provide, make available or grant access to, in connection with IBM providing other services. The following applies if Client uses Content in the Services.
Client retains ownership of any intellectual property rights held in its Content. In short, what belongs to Client remains Client’s. When Client uploads, submits, stores, sends, or receives Content to or through the Services, Client grants IBM (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, or other changes we make so that Client’s Content works better with the Services), communicate, publish, perform, display, and distribute such Content. The rights Client grants in this license are for the limited purpose of operating, promoting, and improving IBM Services, and to develop new ones. This license continues even if Client stops using IBM Services.
Before Client provides IBM with any Content and grants this license to use Client’s Content, Client agrees to ensure it is legally permitted to do so. IBM cannot accept any Content considered a defense article under the U.S. International Traffic in Arms regulation (ITAR) or under any other country’s laws or regulations. IBM also cannot accept any Content requiring an export license.
IBM will treat Client’s Content as non-confidential. If needed, we will sign a separate non-disclosure agreement to govern any exchange of confidential information.
Client’s Content must not contain any personally identifiable information. All Content must be anonymized so that the people described by the data remain anonymous. If Client’s Content cannot be sufficiently anonymized, Client must notify IBM in writing prior to introducing such Content into the Services. Once IBM is notified and provides approval to proceed, the following terms apply to you:
IBM's Data Processing Addendum (DPA) is found at http://ibm.com/dpa. A DPA Exhibit will specify how IBM will process personal data contained in Content. The DPA and applicable DPA Exhibit(s) apply to personal data contained in Content, if and to the extent: i) the European General Data Protection Regulation (EU/2016/679); or ii) other data protection laws identified at http://www.ibm.com/dpa/dpl apply. Upon request by either party, IBM, Client, or affiliates of either, will enter into additional agreements as required by law in the prescribed form for the protection of regulated personal data included in Content. The parties agree (and will ensure that their respective affiliates agree) that such additional agreements will be subject to the terms of the Agreement.
The Services are not designed to comply with HIPAA and may not be used for the transmission or storage of any Protected Health Information, as defined under US law.
If Client submits feedback or suggestions about the Services, IBM may use Client feedback or suggestions without obligation to Client.
Client will not introduce any harmful Content to IBM Services, such as malware, viruses, or worms. Client Content will be removed, deleted, and/or returned at the conclusion of Client’s evaluation.
IBM, its affiliates, and contractors of either require use of business contact information and certain account usage information. This information is not Content. Business contact information is used to communicate and manage business dealings with the Client. 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 Client provides information to IBM and notice to, or consent by, the individuals is required for such processing, Client will notify individuals and obtain consent.
IBM responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
IBM grants Client a temporary, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to Client by IBM as part of the Services, solely for the Services and for the length of the Services. This temporary license is for the sole purpose of enabling Client to test and evaluate the Services, in the manner permitted by these Terms. Client may not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may Client reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or Client has obtained IBM’s prior written permission.
IBM may change the Services (e.g., add or remove functionalities or features, suspend or stop a Service, or add or create new limits to IBM Services) at IBM’s discretion without notice. Client can stop using the Services at any time.
IBM provides the Services using a commercially reasonable level of skill and care.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ANY ADDITIONAL TERMS, NEITHER IBM NOR ITS SUPPLIERS MAKE ANY SPECIFIC WARRANTIES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET CLIENT’S NEEDS. IBM PROVIDES THE SERVICES “AS IS” WITHOUT WARRANTIES OF ANY KIND.
THE SERVICES ARE NOT DESIGNED TO COMPLY WITH ANY PARTICULAR LAW OR REGULATION. CLIENT AGREES NOT TO PROVIDE IBM WTH ANY CONTENT THAT REQUIRES OR IMPOSES ANY LEGAL OR REGULATORY COMPLIANCE BY IBM.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, IBM EXCLUDES ALL WARRANTIES.
TO THE EXTENT PERMITTED BY LAW, IBM WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, IBM;s TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00).
Client will hold harmless and indemnify IBM and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Signatory accepts these terms on behalf of the “Client” and represents it has full legal authority to do so.
IBM may modify these terms, or any additional terms, that apply to a Service, for example, to reflect changes to the law or changes to our Services. IBM will provide Client with written notice of modifications to these terms. Changes will not apply retroactively and will become effective no sooner than 14 days after written notice is provided. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If Client does not agree to the modified terms for a Service, Client may terminate use of that Service.
If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict. These Terms control the relationship between IBM and Client. They do not create any third party beneficiary rights.
If Client does not comply with these Terms, and IBM does not take action right away, IBM is not forfeiting its rights to take action in the future. If any provision of the Agreement is invalid or unenforceable, the remaining provisions remain in full force and effect.
The laws of New York, U.S.A. will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these terms, or the Services will be litigated exclusively in the federal or state courts of New York, USA, and Client and IBM consent to personal jurisdiction in those courts.