IBM – Security Intelligence
April 1, 2016
[Insert Customer your company name]
Attn: [Insert Name and Title of Customer Contact]
Re:Early Upgrade Program
Dear (Insert Name and Title of Customer Contact):
I am pleased to confirm that IBM will engage in an Early Upgrade Program (“EUP”) with [Insert Customer company name] that will allow you to evaluate, test,and provide feedback on the EUP Program. Details relating to the EUP are as follows:
EUP Period: April 22nd, 2016 – May 20th , 2016
EUP Program: QRadar 7.2.7 including all software, and documentation
1. IBM will make the EUP Program available to you. IBM will support you in the deployment of the EUP Program in your current environment at no charge to you. This includes, but is not limited to a review of your environment, remote installation of the EUP Program and quality review post-installation. IBM will require remote access to the EUP Program environment to gather system service information and may send such information to IBM, its affiliates and subcontractors to assist with its support of the EUP. The EUP Period may be terminated at any time by either you or IBM, or may be extended by mutual written agreement.
2. The EUP Program and the services are governed under the terms of the IBM International License Agreement for Early Release of Programs (ILAR) with the exception that you may: (1) use the EUP Program in a production environment and, (2) you may use the EUP Program during the EUP Period. This license will terminate upon the termination of the EUP Period. IBM or its suppliers retain all right, title and interest in any software, or documentation provided by IBM to which you are given access during the EUP Period. You must accept any license agreements, including third party licenses, that are displayed during use of the EUP or that are included with the EUP either on accompanying CDs, in the EUP’s file directories, or in hardcopy format. However, such IBM licenses are limited as provided herein. You retain all right, title and interest in any of your data that is loaded into the EUP Program. You remain responsible for securing your data. Neither the ILAR nor this letter constitutes a license to the other party with respect to IBM’s or your intellectual property except as expressly stated herein.
3. In the event the EUP Program is released as a generally available software program and you’d like to continue to use the EUP Program after the EUP Period, you agree to upgrade the EUP Program within 10 days after the end of the EUP Period to the generally available version of the EUP Program and obtain the valid, appropriate license to use the generally available version of the EUP Program.
4. You agree to comply with all applicable laws, rules, and regulations during the EUP Period.
5. This letter and the ILAR constitute the complete agreement between you and IBM regarding this EUP and replaces all prior oral or written communications related to it.
IBM looks forward to assisting you with the EUP. Please indicate your authorization to proceed with the EUP and your agreement with the terms specified above by signing below.
Accepted and Agreed:[Insert Customer Company Name]
(“Customer”) / Accepted and Agreed:
IBM – Security Intelligence
(“IBM”)
By______
(Authorized signature) / By______
(Authorized signature)
Print Name: ______/ Mark Wright
Print Title: ______/ QRadar Support – Security Intelligence
Date Signed: ______/ Date Signed: ______
EUP Letter Agreement 10/2015Page 1 of 2