Terms and Conditions

for Use of the Large Users Group (LUG) WEB Site

IBM is making this WEB site available as an interactive discussion forum for members of the Large Users Group (“LUG”) to exchange information, views, and questions (collectively referred to as “Messages”) about LUG activities and IBM products.

By submitting Messages to this WEB site, you grant IBM and its subsidiaries the worldwide, royalty-free, perpetual, irrevocable, nonexclusive right and license to use, copy, distribute, display, and create derivative works from the Messages. IBM shall also be free to use, without limitation or obligation of any kind, any suggestions, comments or other feedback information that you provide in Messages. You warrant that the holder of any intellectual property rights to the Message, including moral rights or trade secrets, has completely and effectively waived all such rights and validly and irrevocably granted you the rights to grant the licenses and freedom to use the information described in this paragraph. You also permit all users of this WEB site to access, display, view, store and copy the Messages. Do NOT post a Message unless you are authorized to grant IBM and WEB site users the rights to use it as described above.

The opinions, advice and other information expressed in Messages to the WEB site represent the views of their authors, and not of IBM. Those using the WEB site do so at their own risk. IBM shall have no obligation to monitor, edit or censor Messages. IBM has no plans to regularly pre-screen Messages before they are posted, nor to review posted Messages for compliance with the rules described below absent receipt of a legitimate complaint. IBM shall not under any circumstances be responsible or liable for any inaccurate, abusive, obscene, profane, defamatory, libelous, infringing or illegal material posted on the WEB site.

In using the WEB site, you may not do any of the following:

  • post or transmit information that does not relate to LUG activities.
  • post or transmit any defamatory, libelous, unlawful, fraudulent, infringing, or knowingly false information of any kind.
  • post or transmit any abusive, obscene, profane, sexually explicit, or threatening Messages of any kind.
  • use the WEB site for solicitation or advertising.
  • post any open source or third party software, including software licensed under the terms of the GNU General Public License.

This WEB site is intended primarily for use by IBM customers, not by employees of IBM or IBM’s subsidiaries (collectively referred to as “IBM Employees”). Any IBM Employee who believes it is necessary to post information or material to this WEB site should contact the IBM executive sponsor of the LUG. No IBM Employee is authorized to make statements or representations on behalf of IBM on this WEB site, except the WEB site sponsor or designated delegates, who will be identified as such. Any Message submitted by an IBM Employee shall be considered the sole view of such employee, and IBM shall not be responsible for information or representations contained in such Message. THE WEB SITE, AND ALL MESSAGES AND INFORMATION PROVIDED THEREIN, ARE PROVIDED STRICTLY ON AN “AS IS” BASIS, AND IBM DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Under no circumstances will IBM be liable for any damages, including any direct, indirect, incidental, special, exemplary, or consequential damages (including lost profits) for your use of or inability to use the WEB site, or your reliance on or use of information provided through the WEB site, or that result from mistakes, omissions, interruptions, deletions, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with the WEB site in any way, your sole and exclusive remedy is to discontinue using the WEB site. IBM reserves the right to change these Terms and Conditions from time to time in IBM’s sole discretion. Your continued use of the WEB site shall be subject to the Terms and Conditions published by IBM at the time of such use. You can access the most current version of the Terms and Conditions on the WEB site home page. IBM reserves the right to terminate or change this WEB site at any time without notice. This Agreement shall be governed and construed in accordance with the law of New York, USA. You agree that any and all disputes arising out of or in connection with this WEB site will be brought exclusively in a federal or state court located in New York, and will be tried without a jury regardless of the form or type of action.

The contents of these documents represent an attempt to communicate with the LUG members regarding current product directions.

As IBM may change or cancel its plans at any time, the contents of these documents are neither an implied or express commitment to performance or function.

IBM may provide confidential information in these documents subject to the terms and conditions of the Agreement to Exchange Confidential Information (AECI) between IBM and the LUG member. IBM plans and directions are confidential information and must be treated as confidential information between IBM and LUG members.

IBM’s internal systems must only be used for conducting IBM’s business or for purposes authorized by IBM management.

Use is subject to audit at any time by IBM management.