Agreement

i126-6588-01 (07/2014) Page 1 of 1

IBM Cloud Services Agreement

IBM Cloud Service Description: Trial Cloud Services

1. Cloud Service Description

A trial Cloud Service is a Cloud Service IBM makes available for a limited period to enable you to evaluate its functionality and technology. You are authorized to use the Cloud Service during a specified trial period for the purpose of evaluating its functionality and technology. The Cloud Service may only provide a limited set of features and function; therefore use in a production environment or for commercial purposes is not recommended or supported. Any such use is solely at your own risk. The generally available cloud service may be ordered at any time. You may only participate in a trial for a Cloud Service one time. If you wish to continue with the Cloud Service upon expiration of the trial period, you will need to submit an order for the generally available Cloud Service offering. IBM is under no obligation to offer migration capabilities or services.

2. Confidentiality and Data Protection

IBM uses our security standards, processes, and tools to protect your content, ranging from system architecture to monitoring, detection, and prevention of unauthorized access. IBM regularly audits our services against these processes. We have a world-wide security incident handling process monitored 24/7/365 by trained personnel. We provide security education and annually require IBM employees to certify that they will comply with established Business Conduct Guidelines. IBM will provide you notice of any unauthorized third party access to your content of which we become aware. The Cloud Services available on a trial basis may have certain features disabled and are not designed to comply with any specific governmental regulation or specific security measures. You agree not to input content that may be subject to any such regulations or required additional security measures.

3. Charges

Generally there are no charges for use of the Cloud Service during the trial period, unless specified by IBM or a third party service provider. If any authority imposes a custom, duty, tax (including withholding tax), levy or fee for the import or export, transfer, access or use of a Beta Cloud Service or third party service, then you are responsible to pay any such amount imposed.

4. Changes

IBM may in its reasonable discretion, change the terms applicable to the Cloud Service, modify the computing environment, or withdraw features of the Cloud Service, in whole or in part by providing notice. Continued use of a Cloud Service for the remainder of the trial period is your acceptance of any such change. If you do not accept a change, you are responsible to discontinue use upon such notice.

5. Term

You may use the Cloud Service for the trial period IBM specified or until IBM withdraws or terminated it. You may cancel use of the Cloud Service trial at any time by notifying IBM. You are responsible to remove any of your proprietary content you wish to retain prior to any such expiration or termination. IBM may at any time suspend, revoke, limit or refuse participation in or use of the Cloud Service trial. Content will be destroyed upon the expiration or cancellation of the Cloud Service trial unless specific migration to the related generally available Cloud Services is available.

6. Liability and Indemnity

If there are no charges, IBM’s entire liability for all claims in the aggregate arising from your use of a Cloud Service trial acquired hereunder will not exceed the amount of any actual direct damages up to U.S. $1,000.00 (or equivalent in local currency).

7. Warranties and Disclaimers

A Cloud Service is provided without warranties of any kind during a trial.

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