EPSPT - IBM Enhanced Preventive Service Planning Tool

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License Agreement

Legal Information

International License Agreement for Non-Warranted Programs
Part 1 - General Terms
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PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM.  IBM WILL LICENSE  THE PROGRAM TO YOU ONLY IF YOU FIRST ACCEPT THE TERMS OF THIS  AGREEMENT.  BY USING THE PROGRAM YOU AGREE TO THESE TERMS.  IF YOU DO NOT AGREE TO THE TERMS OF  THIS AGREEMENT, PROMPTLY RETURN THE UNUSED PROGRAM TO THE PARTY  (EITHER IBM OR ITS RESELLER) FROM WHOM YOU ACQUIRED IT TO RECEIVE A REFUND OF THE AMOUNT YOU PAID.

The Program is owned by International Business Machines Corporation or one of its subsidiaries (IBM)  or an IBM supplier, and is copyrighted and licensed, not sold.

The term "Program" means the original program and all whole or  partial copies of it. A Program consists of machine-readable instructions, its components,  data, audio-visual content (such as images, text, recordings, or pictures), and related licensed materials.

This Agreement includes Part 1 - General Terms and Part  2 - Country-unique Terms and is the complete agreement regarding the use of this Program, and replaces any prior oral or  written communications between you and IBM.  The terms of Part 2 may replace or modify those of Part 1.

1.  License

Use of the Program

IBM grants you a nonexclusive license to use the Program.

You may 1) use the Program to the extent of authorizations you have acquired and 2) make  and install copies  to  support the level of use authorized, providing you reproduce the copyright notice and any other legends of ownership on each copy, or partial copy, of the Program.

If you acquire this Program as a program upgrade, your authorization to use the Program from which you upgraded is terminated.

You will ensure that anyone who uses the Program does so only  in compliance with the terms of this Agreement.

You may not 1) use, copy, modify, or distribute  the Program except as provided in this Agreement; 2) reverse assemble, reverse  compile, or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver; or 3) sublicense, rent, or lease the Program.

Transfer of Rights and Obligations

You may transfer all your  license rights and obligations under a Proof of Entitlement for the Program to another party by transferring the Proof of Entitlement and a copy of this Agreement  and all documentation.  The transfer of your license rights and obligations terminates your authorization  to use the Program under the Proof of Entitlement.

2.  Proof of Entitlement

The Proof of Entitlement for this Program is evidence of your authorization to use this  Program and of your eligibility for future upgrade program prices (if  announced) and potential special or promotional opportunities.

3.  Charges and Taxes

IBM  defines  use for the program for charging purposes and specifies it in the Proof of Entitlement. Charges are based on extent of use authorized. If you wish to increase the  extent of use, notify IBM or its reseller and pay any applicable charges. IBM does not give refunds or credits for charges already due or paid.

If any authority imposes a duty, tax, levy or  fee, excluding those based on IBM's net income, upon the Program supplied by IBM under this Agreement, then you  agree to pay that amount as IBM specifies or supply exemption documentation.

4.  No Warranty

SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE  EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING  WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND  THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PROGRAM OR  TECHNICAL SUPPORT, IF ANY. IBM MAKES NO WARRANTY REGARDING THE CAPABILITY OF THE PROGRAM  TO CORRECTLY PROCESS, PROVIDE AND/OR RECEIVE DATE DATA WITHIN AND BETWEEN THE 20TH AND 21ST CENTURIES.

The exclusion also applies to any of IBM's subcontractors,  suppliers, or program developers (collectively called "Suppliers").

Manufacturers, suppliers, or publishers of non-IBM Programs may provide their own warranties.

5.  Limitation of Liability

NEITHER IBM NOR ITS SUPPLIERS  WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR  ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES,  EVEN IF IBM IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW  THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

6.  General

Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.

IBM may terminate your license if you fail to comply with the terms of this  Agreement. If IBM does so, you must immediately destroy the Program and all copies you made of it.

You agree to comply with applicable export laws and regulations.

Neither you nor IBM will bring a legal action under this Agreement more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver  or limitation.

Neither you nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control.

IBM does not provide program services or technical support, unless IBM specifies otherwise.

The laws of the country in which you acquire the Program govern this Agreement,  except 1) in Australia, the laws of the State or Territory in which the transaction is performed govern this Agreement; 2) in Albania,  Armenia,  Belarus, Bosnia/Herzegovina, Bulgaria, Croatia, Czech Republic, Federal Republic of Yugoslavia, Georgia, Hungary, Kazakhstan, Kirghizia,  Former Yugoslav Republic of Macedonia (FYROM), Moldova, Poland, Romania, Russia, Slovak Republic, Slovenia, and Ukraine, the laws of Austria  govern this Agreement; 3) in the United Kingdom, all disputes relating to  this Agreement will be governed by English Law and will be submitted to the exclusive jurisdiction of the English courts; 4) in Canada, the laws in the Province of Ontario govern this Agreement; and 5) in the United  States and Puerto Rico, and People's Republic of China, the laws of the State of New York govern this Agreement.

International License Agreement for Non-Warranted Programs

Part 2 - Country-unique Terms
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AUSTRALIA: No Warranty (Section 4):  The following paragraph is added to this Section:
Although IBM specifies that there are no warranties, you may have certain rights under the Trade Practices Act 1974 or other legislation and are only limited to the extent permitted by the applicable legislation.
Limitation of Liability (Section 5): The following paragraph is added to this Section:
Where  IBM  is in breach of a condition or warranty implied by the Trade Practices Act 1974, IBM's liability is limited to the repair or replacement of the goods, or the supply of equivalent goods. Where that condition or warranty relates to right to  sell, quiet possession or clear title, or the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption, then none of the limitations in this paragraph apply.

GERMANY: No Warranty (Section 4):  The following paragraphs are added to this Section:
The minimum warranty period for Programs is six months.
In case a Program is delivered without Specifications, we will only warrant that the  Program information correctly describes the Program and that the Program can be used according to the  Program information. You have to check the usability according to the Program information within the "money-back guaranty" period.
Limitation of Liability (Section 5): The following paragraph is added to this Section:
The limitations and exclusions specified in the Agreement will not apply to damages caused  by IBM with fraud or gross negligence, and for express warranty.

INDIA: General (Section 6): The following replaces the fourth paragraph of this Section:
If no suit or other legal action is brought, within two years after the cause of action arose,  in respect of any claim that either party  may have against the other, the rights of the concerned party in respect of such claim will be forfeited and the other party will stand released from its obligations in respect of such claim.

IRELAND: No Warranty (Section 4):  The following paragraph is added to this Section:
Except as expressly provided in these terms and conditions, all statutory  conditions, including all warranties implied, but without prejudice to the generality of the foregoing, all warranties implied by the Sale of Goods Act 1893 or the Sale of Goods and Supply of Services Act 1980 are hereby excluded.

ITALY: Limitation of Liability (Section 5): This Section is replaced by the following:
Unless otherwise provided by mandatory law, IBM is not liable for any damages which might arise.

NEW  ZEALAND: No Warranty (Section 4):  The following paragraph is added to this Section:
Although IBM specifies that there  are no warranties, you may have certain rights under the Consumer Guarantees Act 1993 or other legislation which cannot be excluded  or limited. The Consumer Guarantees Act 1993 will not apply in respect of any goods or  services which IBM provides, if you require the goods or services for the purposes of a business as defined in that Act.

Limitation of Liability (Section 5):  The following paragraph is added to this Section:
Where Programs are not acquired for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act.

PEOPLE'S REPUBLIC OF CHINA: Charges (Section 3): The following paragraph is added to the Section:
All banking charges incurred in the  People's Republic of China will be borne by you and those incurred outside the People's Republic of China will be borne by IBM.

UNITED KINGDOM: Limitation  of Liability (Section 5):  The following paragraph is added to this Section at the end of the first paragraph:
The limitation of liability will not apply to any breach of IBM's obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982.

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Downloading EPSPT

Prior to downloading you must review and accept the License agreement above.

The TSO TRANSMIT format binary file for EPSPT is available via anonymous ftp to ftp.software.ibm.com in directory s390/pspapartool. Click on one of the options below for detailed instructions to download EPSPT directly to the z/OS or OS/390 Host, or via the workstation.

Downloading directly to your z/OS or OS/390 Host:
- Click here for instructions on submitting a Batch JOB.
- Click here for instructions using anonymous File Transfer Protocol (FTP) from a TSO command line.
Downloading through the workstation:
- Click here for instructions to download directly from your browser to your workstation.
- Click here for instructions using anonymous File Transfer Protocol (FTP) from your workstation.
Once downloaded to the workstation, the file must be uploaded to the z/OS or OS/390 Host system.

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