I draw your attention to IBM U.S. announcement letter 113-027 (and the
related announcements for all other countries) dated February 19, 2013.
This announcement may affect your ordering process and delivery of several
IBM products including zEnterprise servers. I recommend getting your
license document(s) signed prior to August 1, 2013, if you haven't already.
(Many have.)

Quoting from the announcement letter, "Starting August 1, 2013, IBM will
require that customers sign an agreement to document their acceptance of
the Machine Code (including Licensed Internal Code) license terms for
orders of certain IBM Machines.... Starting August 1, 2013, the License
Acceptance Agreement must be executed and returned to IBM before IBM will
ship any Machine requiring express written acceptance of the License
Agreement's terms."

There's also an important reminder about transferring machines to other
parties (e.g. machine resale). That's fine so long as you're following the
law (e.g. export country restrictions). Moreover, the announcement letter
includes a reminder that the recipient must also accept the IBM License
Agreement directly with IBM in order for that new user to have a valid
license for the Machine Code.

The applicable machine types include IBM System z10 and above, various IBM
Power servers, and various IBM enterprise storage products. This issue is
not unique to zEnterprise machines.

Since some of you have internal organizational processes which require
reviewing anything, even agreements you've already agreed to via prior
acceptance, as noted above I recommend getting your IBM License Agreement
signed now or soon if you haven't done so yet. That'll assure that you have
one less bureaucratic thing to worry about if/when you need to order more
IBM stuff -- or at least protect your option to do so that much more
rapidly.

The Machine Code and Licensed Internal Code are already licensed, and you
already legally accept the license. That doesn't change. But IBM is going
to insist on a bit more paperwork.

The world requires signing contracts/agreements before taking delivery of
many products. I had to sign a bunch of paperwork to take delivery of the
washing machine I bought a couple months ago, as one example. I had to sign
even more paperwork to spend $60 renting a car for a couple days. I can't
say reviewing and signing such paperwork was enjoyable, but such is life.

Note that IBM does not require signing the applicable License Agreement for
every delivery. Once per customer per country is fine. For example, if
you've got some IBM Power servers in two countries and could be opening a
data center in a third country, it would be prudent to sign three
agreements from those three countries. Then you've ticked those boxes, and
IBM can ship you any of the Agreement-covered products (including a new
zEnterprise server) in any of those three countries.

As always, I do not speak in an official capacity for IBM.

--------------------------------------------------------------------------------------------------------
Timothy Sipples
Consulting Enterprise IT Architect (Based in Singapore)
E-Mail: [email protected]
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