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

[Vern Hamberg <vhamberg@xxxxxxxxxxx>]

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