IBM SmartCloud Enterprise Trial
The IBM SmartCloud Enterprise Trial offer is no longer available.
For reference by current Trial customers only.
THIS IS A BINDING AGREEMENT BETWEEN YOU, AS THE REGISTERING ENTITY, AND IBM. PLEASE READ IT CAREFULLY. PRINT AND RETAIN A COPY FOR YOUR RECORDS.
BY SELECTING TO PARTICIPATE IN IBM SMARTCLOUD ENTERPRISE TRIAL SERVICES AND CLICKING THE “SUBMIT” BUTTON TO OBTAIN ACCESS, YOU AGREE TO THE TERMS OF THIS ATTACHMENT, THE IBM SMARTCLOUD AGREEMENT AND ITS APPLICABLE ATTACHMENTS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON, COMPANY, OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT 1) CLICK THE “SUBMIT” BUTTON, OR 2) ORDER AND ACCESS SERVICES USING YOUR USER ID.
The terms of this Attachment for IBM SmartCloud Enterprise Trial offering (“Trial Attachment”) governs Customer’s use of the IBM SmartCloud Enterprise Services on a limited no-charge trial basis (“Trial”). The terms of this Trial Attachment are in addition to and modify the terms of:
If there is a conflict between the terms of this Trial Attachment and the Agreement or between the terms of this Trial Attachment and the BP Agreement, the terms of this Trial Attachment will prevail with regards to the Trial Period. If Services are acquired from IBM, the terms of Part 2 -Country Unique Terms as applicable replace or modify those of Part 1-General Terms in this Trial Attachment. Capitalized terms used herein have the same meaning as set forth in the Agreement.
Part 1 – General Terms
1. Trial Terms
A Trial for the Services is only available to new Customers. If Customer previously closed an Account or the Services were terminated by IBM, Customer is not eligible for a Trial for 12 months from such Account closing or termination.
Upon IBM’s acceptance of Customer’s order for a Trial, IBM will activate Customer’s Account and notify Customer that Services are ready for use (“Account Activation”). Customer will receive a Services welcome package with information to enable Customer to access and use the Services.
At the end of the Trial Period, the Customer’s Account will remain open and charges will begin for all active IBM SmartCloud Enterprise Services unless Customer provides notification to close Customer’s Account as set forth below.
During the Trial Period, Customer and its Users may order Services by accessing the Cloud Web Portal. Only a subset of standard Services options will be available during the Trial Period. Customer can select and use any of these Services options at no charge subject to the limitations as set forth in this table:
|Services Option||Use Limitation during Trial Period|
|SCE Infrastructure Services|
|VM Instances||up to 4 concurrently active VM Instances at any one time|
|Persistent Storage||up to 256 gigabytes (GB) of persistent storage|
|Reserved IP Address||up to 5 reserved IP addresses|
|Object Storage (account initiation required)||up to 50 gigabytes (GB) of object storage|
|IBM SmartCloud Application Workload Service (“WS”) Service Instance|
|IBM SmartCloud Application Collaborative Lifecycle Management Service (“CLMS”) Service Instance|
Any use in excess of such limitations is subject to the then current terms and charges from IBM or the IBM Business Partner, as applicable. Additional Service options are not available during a Trial Period.
At the end of the Trial Period, unless Customer closes the Account as described below, IBM will enable all standard Services options and Service Component Software which were not available during the Trial Period. All use limitations set forth above then no longer apply.
2. Trial Period
The period of the Trial begins upon Account Activation and end upon the completion of the 2nd billing period following Account Activation (“Trial Period”) not to exceed 61 days. A billing period for the Services starts on the 12th of a month and ends on the 11th of the following month. Customer understands that the day during a month Customer’s Account is activated will affect the actual length of the Trial Period.
At the end of the Trial Period, unless Customer notifies IBM or the IBM Business Partners to close Customer’s Account as set forth below, the Customer’s Account will remain open and continued use of Services will be subject to the then current terms and charges from IBM or the IBM Business Partner, as applicable, including all continuing active Services provisioned during the Trial Period.
To avoid any unexpected charges at the end of the Trial Period, Customer is responsible to promptly delete any VM Instances, Private Images, Service Instances, Workload Instances, persistent storage, object storage, or other Services options, ordered or created during the Trial Period that Customer does not want to continue and be charged for. If Customer does not want to continue with the Services as a whole, Customer is responsible to close the Account and terminate the Agreement as set forth below in section 3 (Closing Account and Agreement Termination).
Customer may end the Trial early and request the full catalog of standard Services options be loaded prior to the expiration of the Trial Period by notifying IBM or, if Services are acquired from an IBM Business Partner, notice to the IBM Business Partner. Upon such Customer notification, IBM will enable all standard Services options and Service Component Software available from the Public Asset Catalog for the Services and charges (from IBM or the IBM Business Partner as applicable) will begin for use of all Services ordered or created during the Trial Period that remain active.
3. Closing Account and Agreement Termination
If the Customer wants to close Customer’s Account and not continue using Services beyond the expiration of the Trial Period or if the Customer wants to terminate the Trial prior to its expiration, Customer must provide written notice to IBM, or, if Services are acquired from an IBM Business Partner, to the IBM Business Partner, on or before last day of the 2nd billing period following Account Activation. A billing period ends on the 11th of a month. Upon receipt of such notice, IBM will delete the Customers Account and access to Services will end. All Services options and all Content Customer created, installed, uploaded, or transferred in connection with the Services by Customer or Users will be deleted.
4. IBM Termination
IBM may terminate the Agreement and Customer’s access to the Services at any time during the Trial Period for any reason by notifying Customer and also notifying the IBM Business Partner if Services were acquired from such IBM Business Partner.
5. Additional Terms
a. No Service Level Agreements are available for Services during the Trial Period.
b. NOTWITHSTANDING ANYTHING IN THE AGREEMENT OR THIS TRIAL ATTACHMENT TO THE CONTRARY, DURING THE TRIAL PERIOD, SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS PROHIBITED OR REQUIRED BY LAW AND THEN ONLY TO THE MINIMUM PERIOD REQUIRED BY LAW. IN ADDITION, CUSTOMER AGREES THAT IBM SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH CUSTOMERS USE OF THE SERVICES DURING THE PERIOD OF THE TRIAL, UNLESS PROHIBITED OR REQUIRED BY LAW AND THEN ONLY TO THE MINIMUM REQUIRED.
Part 2 - Country-unique Terms
For Customers from the IBM Company with a business address identified in signature block or on-line contract acceptance registration in the countries specified below, the following terms replace or modify the referenced terms in Part 1. All terms in Part 1 that are not changed by these amendments remain unchanged and in effect.
1.1.1 Section 5 (Additional Terms)
Add the following as a new item c:
c. IBM will be liable for damages caused by willful intent or gross negligence. IBM is not liable for any other damages caused by slight negligence – regardless of the basis on which the Customer is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim) – neither for direct nor indirect or consequential damages, even if IBM was informed about the possibility of such damages.
1.2.1 Section 5 (Additional Terms)
Replace the second sentence of Section 5 b. with the following:
IN ADDITION, EXCEPT AS PROVIDED IN THE AGREEMENT, CUSTOMER AGREES THAT IBM SHALL NOT BEAR ANY ADDITIONAL LIABILITY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH CUSTOMERS USE OF THE SERVICES DURING THE PERIOD OF THE TRIAL.
2. Asia Pacific
2.1.1 Section 5 (Additional Terms)
Add the following new preface;
The warranties specified in this Section are in addition to any rights Customer may have under the Competition and Consumer Act 2010 (Cth) or other legislation and are only limited to the extent permitted by the applicable legislation.