IBM Z Xplore Privacy Notice
This program is intended for students 16 years of age and older.
The IBM Z Xplore Program is a learning platform available year-round globally to individuals who are interested in developing valuable IBM zSystems skills, earning industry-recognized digital badges and redeeming rewards. As part of this program, you will be required to create an ID with Influitive who provides the platform for which this program is hosted. You can view Influitive's privacy policy here: https://influitive.com/privacy-policy/.
IBM will also collect your personal information, such as name, email address, school/company/organization, and country of residence in order for us to run the program, issue challenges, grant digital badges, conduct reporting, and determine contest eligibility. IBM may share the personal information collected with IBM subsidiaries and third parties globally. When you have chosen to receive an IBM badge, IBM will share your name, email address, and badge earned with Credly, a 3rd party data processor authorized by IBM and located in the United States, to assist in the administration of the IBM Digital Badge program. You will receive an email notification from Credly with instructions for claiming the badge. The personal information you share will be handled in a manner consistent with IBM privacy practices. IBM's Privacy Statement can be viewed here: https://www.ibm.com/privacy/us/en/.
IBM Z Xplore - Education Initiative Agreement
BY CLICKING ON AN "ACCEPT" BUTTON OR ACCESSING OR USING THE ELIGIBLE RESOURCES, YOU AGREE TO THE TERMS OF THIS IBM Z XPLORE EDUCATION INITIATIVE AGREEMENT. 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 OTHER LEGAL ENTITY TO THESE TERMS.
This Agreement and any IBM license agreements or any other agreements under which Eligible Resources are made available are the complete agreement between you and IBM regarding the use of those Eligible Resources. This Agreement replaces any prior oral or written communications between you and IBM regarding this offering. If there is a conflict between any of the terms of other applicable licenses and agreements and those of this Agreement, the terms of this Agreement prevail to the extent that the terms conflict.
Initiative: The purpose of this IBM Z Xplore Education Initiative agreement (“Agreement”) is to make available certain software, resources, cloud services for educational and non-commercial research to any Individual wanting to engage in educational activities related to earning IBM Z Xplore Open Badges (the “Initiative”).
2. License
IBM grants you a nonexclusive, nontransferable license to use Eligible Resources solely for your instruction and learning in connection with your participation in the Initiative, or as necessary for you to complete an IBM Z Xplore Open Badge program. This use includes the design, development and testing of applications, hardware or virtual environments created by you. Eligible Resources cannot be used in production environments.
Eligible Resources may not be
1) used, copied, modified, or distributed except as provided in this Agreement;
2) reverse assembled, reverse compiled, or otherwise translated, except as specifically permitted by law without the possibility of contractual waiver;
3) sub-licensed, rented, or leased;
4) have Internet “links” to or from the offering for third parties to access.
No Eligible Resource may be used for commercial or administrative purposes.
3. Remote Access to Eligible Resources
Some Eligible Resources may be made available to you remotely through the Internet providing access to (i) functionality of programs, services and (ii) infrastructure and includes related offering materials as part of the remote offering. Access to and use of the IBM remotely accessed, or cloud based offerings may be subject to additional terms and conditions. IBM cloud offers may not be programs but may require you to download other software in order to use. You agree that IBM is not providing you with access to the Internet in order to use IBM cloud offering(s) and that you remain responsible for Internet access. You also acknowledge that IBM and its subsidiaries (1) do not control the transfer of data over telecommunications facilities, including the Internet, and (2) in a public Internet environment cannot commit to particular confidentiality obligations.
Eligible Resources available through the Internet may not be “framed” or “mirrored” forming part of an Eligible Resource, other than on your own intranets in connection with your authorized use of the Eligible Resource. There are no data backups performed, and you should maintain backup copies of any information stored there. Access to the Eligible Resources is available until the termination or expiration of this Agreement. Once the Agreement has been terminated or expires, virtual servers will be cleaned and returned to the pool at IBM’s discretion. You are responsible for obtaining your data prior to expiration. Access to the Eligible Resources is solely via network access. No physical access to any equipment will be granted. You may not store any information that would require reporting to third parties if compromised, such as, but not limited to: Protected Health Information (PHI), account information covered by Payment Card Industry Data Security Standard (PCI/DSS), Family Educational Rights and Privacy Act (FERPA), Gramm-Leach-Bliley Act (GLB) or other personal identification information. The Eligible Resources are available on a shared environment and IBM may throttle, gate or otherwise limit usage if in its sole determination excessive network, computing or other resources are being used. You may not upload any computer programs, whether compiled or in object or source form to the Eligible Resources.
4. Charges and Taxes
IBM provides Eligible Resources under this Agreement at no charge, and may provide you with achievement rewards as you complete various tasks, or earn IBM Z Xplore Open Badges, as part of the Initiative. IBM makes programs, versions, releases, and updates of such Eligible Resources available to you as downloads, promotional codes or other distribution methods. However, if you require programs, versions, releases, or updates of such Eligible Resources or that are available in digital media (including public, private or hybrid clouds), IBM may provide it to you for a charge.
If any authority imposes a duty, tax, levy or fee, excluding those based on IBM’s net income, as a result of the Eligible Resources supplied by IBM under this Agreement, or for any reward IBM provided, then you agree to pay that amount as IBM, or IBM authorized partner/agency, specifies in an invoice or equivalent document or supply exemption documentation.
5. IBM Support and Maintenance
IBM does NOT provide support or maintenance for any Eligible Resources provided through this Agreement. IBM provides administrative assistance only to you for access to each Eligible Resource available under this Agreement. IBM provides no-charge assistance for most resources via web-based self-service forums and portals which permits access to a knowledge base of documentation, frequently asked questions, hints and tips, technical notes, readme files, programming samples, newsgroups, product fixes and refreshes, and product evaluations. The link to the initiative forum for questions is IBM Z Global Student Hub.
6. Your Responsibilities
You agree to:
1. Read, understand, and agree to be bound by the terms of this Agreement.
2. Allow IBM to monitor your utilization of Eligible Resources available through the Initiative, and to include the anonymized utilization rates and similar use information in reports IBM may issue and publicly release regarding overall participation in this Initiative. Except with respect to activities and submissions resulting from participation in this Initiative, and the level of success (or failure) of lab exercises available as part of an Eligible Resource, which may be made periodically to the Registered Educator (“Individual Progress Reports”), at no time will your individual participation be publicly shared without your consent. IBM provides such Individual Progress Reports as a courtesy, on an “as is” basis, and is not liable for any harm or damage resulting from a failure to provide an Individual Progress Report or from any inaccuracy contained in an Individual Progress Report.
3. Cloud access must be requested by each qualifying individual
4. You may not misuse our Eligible Resources. For example, don’t interfere with our Eligible Resources or try to access them using a method other than the interface and the instructions that IBM provides.
5. 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, or your use of the Eligible Resources.
6. Eligible Resources may not be used in any jurisdiction for unlawful, obscene, offensive, or fraudulent content or activity, such as advocating or causing harm, interfering with or violating the integrity or security of a network or system, evading filters, sending unsolicited, abusive or deceptive messages, viruses or harmful code, or violating the third party rights.
7. No Warranty
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT REGARDING THE ELIGIBLE RESOURCES. 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. The exclusion also applies to any of IBM’s subcontractors, suppliers, or program developers (collectively called “Suppliers”).
Manufacturers, suppliers, or publishers of non-IBM programs may provide their own warranties.
8. Business Contact Information
You agree to allow IBM and entities within International Business Machines Corporation and the subsidiaries it owns by more than 50 percent (“Enterprise”) to store and use your business contact information, including your name, name of your school or educational institution, or place of employment, telephone number, and e-mail address, anywhere they do business. Such information will be processed and used in connection with our business relationship, and may be provided to contractors acting on IBM’s behalf, IBM Business Partners who promote, market, and support certain IBM resources, products and services, and assignees for uses consistent with our business relationship.
9. Limitation of Liability
Circumstances may arise where, because of a default on IBM’s part or other liability, you are entitled to recover damages from IBM. In each such instance, regardless of the basis on which you are entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM is liable for no more than:
1. damages for bodily injury (including death) and damage to real property and tangible personal property; and
2. the amount of any other actual direct damages up to the charges you paid for the Eligible Resources that is the subject of the claim. If you receive the Eligible Resources that is the subject of the claim at no charge, then IBM is not liable for any actual direct damages other than those specified in item 1 above in this section.
This limit also applies to any of IBM’s subcontractors and program developers. It is the maximum for which IBM and its subcontractors and program developers are collectively responsible.
Items for Which IBM is Not Liable
Under no circumstances is IBM, its subcontractors, suppliers or program developers liable for any of the following even if informed of their possibility:
1. loss of, or damage to, data;
2. special, incidental, or indirect damages or for any economic consequential damages; or
3. lost profits, business, revenue, goodwill, or anticipated savings.
10. Change in Terms
IBM may change the terms of this Agreement by giving you one month’s notice via mail or e-mail. The revised terms will be posted at the registration page for this Initiative. Changes are not retroactive. Additional or different terms in any written communication from you are void and shall have no effect on the terms of this Agreement or your participation in the Initiative.
11. Term and Termination
Unless otherwise stated in the offer description, this Agreement and your access to, and use of, Eligible Resources will expire on the earlier of August 1st, 2025; or (ii) the date this Agreement is terminated by either you or IBM as described in this section. If you fail to comply with the terms of this Agreement, IBM may immediately and without prior notice terminate your access to and use of the Eligible Resources. Either of us may terminate this Agreement upon thirty (30) days prior written notice to the other (to IBM at zSkills@us.ibm.com). Upon termination or expiration of this Agreement, your right to use and access any resources, including without limitation Eligible Resources, made available pursuant to this Initiative will cease. Any terms of this Agreement which by their nature extend beyond the Agreement termination remain in effect until fulfilled, and apply to both of our respective successors and assignees.
12. General
1. You may not assign this Agreement, in whole or in part, without the prior written consent of IBM. Any attempt to do so is void.
2. You agree to comply with applicable export laws and regulations.
3. Neither of us grants the other the right to use its trademarks, trade names, or other designations in any promotion or publication without prior written consent.
4. All information exchanged is non-confidential. If either of us requires the exchange of confidential information, it will be made under a signed confidentiality agreement.
5. Each of us is free to enter into similar agreements with others.
6. Each of us grants the other only the licenses and rights specified. No other licenses or rights (including licenses or rights under patents) are granted.
7. Each of us may communicate with the other by electronic means and such communication is acceptable as a signed writing. An identification code (called a “user ID”) contained in an electronic document is sufficient to verify the sender’s identity and the document’s authenticity.
8. You agree that this Agreement will not create any right or cause of action for any third party, nor will IBM be responsible for any third party claims against you except as permitted by the Limitation of Liability section above for bodily injury (including death) or damage to real or tangible personal property for which IBM is legally liable.
9. Neither you nor IBM will bring a legal action under this Agreement more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation.
10. Neither you nor IBM is responsible for failure to fulfil any obligations due to causes beyond its control.
11. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.
12. Upon request by either you or IBM, either of us or our affiliates will enter into additional agreements as required by law ,in the required form, for the protection of personal or regulated personal data included in the content uploaded into the Eligible Resources.
13. Geographic Scope
The rights, duties, and obligations of each of us are valid only in the country where you are physically located. IBM may provide the Eligible Resources through its affiliates. You represent that you are not included on the denied party’s list issued by the US Department of Commerce Bureau of Industry and Security, or similar list issued by an applicable government entity, or located in, or a national of, a country subject to a US government export embargo or sanction.
14. Governing Law
Both of us agree to the application of the laws of the country where the transaction is performed (or for remotely accessed services or cloud services, the laws of the county where you reside while participating in the Initiative) to the Agreement, without regard to conflict of law principles. USA Only: U.S. Government Users Restricted Rights – Use, duplication, or disclosure restricted by the GSA ADP Schedule Contract with the IBM Corporation.