XXXX大学和国际商业机器（中国）有限公司
XXXX大学和国际商业机器（中国）有限公司
IBM大数据及分析技术中心合作协议
协议编号：U100-2014-XXX
XXXX年X月
1
此IBM 大数据及分析技术中心（IBM Big Data and Analytics Technology Center）合作协议（以下简称“协议”）由XXXX大学（以下简称“大学”），位于(请输入地址)和国际商业机器（中国）有限公司（以下简称“IBM”），注册地址为xxxxxxxxxxx 00xxxxxxxx 00x，于【】年【】月【】日签署。双方决定开展“IBM大数据及分析技术中心”（以下简称“技术中心”）大学合作项目，共同致力于面向市场的大数据及分析高端人才培养和研究创新。本协议是XXXX大学与 IBM 之间的正式的有法律约束力的文件。
本协议中合作范围和内容由如下附录所确定:
附录 A – IBM 大数据及分析技术中心合作项目目标附录 B – 双方责任
附录 C – IBM软件列表
附录 D – Agreement for IBM Academic Initiative
附录 E – XXXX大学IBM大数据及分析技术中心项目计划书
上述附录A, B, C, D与E构成本协议不可分割的一部分。本协议的条款和条件如下：
1. 协议期限及终止
x协议将自最后一方签字之日起生效，并于三（3） 年后终止。如果双方希望延长本协议的期限，双方应在本协议到期前的 三（3 ）个月内签署本协议的补充协议。如果任何一方未能履行职责，或一方有理由确信技术中心不能继续有效地履行以达成附录A中规定的合作目标时，任何一方可以提前三（3）个月向另一方发出书面通知以终止本协议。双方应在协议期满或终止之前将合作项目进行到合理的阶段。
2. 合作前提
2.1. 对于本协议项下所规定的将用于 IBM 大数据及分析技术中心的附录 C 中的 IBM 软件，其使用均应遵循附录 D Agreement for IBM Academic Initiative 中的相关规定；双方已就此达成共识。在任何情况下大学均不对上述 IBM 许可程序享有任何所有者权益。
2.2. 对于本协议项下，为大学提供的 IBM 技术文件、教材以及其他任何材料仅将用于，且仅用于大学的课程开发、认证以及项目开发。
2.3. IBM 不承担设备安置场地的任何相关费用，包括安置场所、相关设施和其他任何辅助设备的费用。除非在附录 A, B, C 或 E 中另有特别规定，否则双方将自行承担其自身为履行该伙伴关系协议义务所发生的费用。
2.4. 双方均应提供附录 B 中所规定的用以实现该伙伴关系的相应资源，并履行本协议项下所述各项义务。任何一方均不得将上述资源用于与该伙伴关系的目的和目标无关的用途。
2.5. 双方之间达成的所有条款和条件都包含于本书面协议中，并将取代所有之前就本协议所议事项所达成的相关协议和共识。对本协议的修改和补充必须得到双方的书面同意。
2.6. 针对本协议的任何疑问，均应在真诚和相互信任的原则下，由大学和 IBM 相互协商加以解决。
3. 保 密
双方均同意不透露任何保密信息给第三方。如果该项目要求交换保密信息，这类信息的交换应通过另行签署的保密协议进行。
4. 一般规定
4.1. 除非本协议另有明确规定，本协议不直接或间接地以暗示或以其他方式将一方的任何专利、著作权或其他知识产权许可给本协议的另一方。
4.2. 本协议不授予任何一方在广告、出版物或业务推广活动中使用另一方的任何名称、商号、商标或其他标识（包括任何缩写、缩略词或以上任何的相似内容）。
4.3. 本协议不在双方之间创建合资企业、合伙企业、雇员关系或其他代理关系。
4.4. 本协议不得约束任何一方与其他公司或机构达成相似的协议。
4.5. 任何一方都不得在事先没有得到另一方书面同意的情况下，将其在协议以下的权利或义务转让或转移。任何此种做法都是无效的。
4.6. 任何一方须保证与其工作人员达成足以满足本协议的要求的适当协议。
4.7. 各方同意遵守所有适用的政府进出口控制和制裁的法律和法规。如果 IBM 在本协议项下提供任何产品、软件或技术，大学承认这些产品、软件或技术受美国出口法律和法规管辖。大学同意，除非美国出口许可或法规允许，将不会出口或再出口 IBM 在本协议下提供的产品、软件或技术给：(i)在美国出口法律和法规中规定的禁止出口国家（定义见下）或 (ii)禁止出口的最终用户或最终用途，包括但不限于：核、空间或导弹和武器系统（包括化学和生物类） 。禁止出口国家列于美国出口管理条例(U.S. Export Administration Regulations，EAR) 中的国家分类 E 中。在本协议签订之时，禁止出口国家是指：古巴、伊朗、北朝鲜、xx和叙利亚。
4.8. 如果本协议的任何部分或段落有无效的、不合法的或不能执行的条款，只要协议双方的意图得以保留，本协议其他条款的有效性、合法性或可执行性将不受影响或削弱。
4.9. 当本协议终止后，任何就其性质而言应该存在或继续的权利和义务都仍将存在和继续，而且将约束双方及其继承方和受让方，直至此义务得到履行完毕为止。
4.10.协议的任何补充内容或修改内容必须是书面形式的，而且必须由双方的授权代表签字。
4.11.本协议是合作双方关于该主题事项的完整的、唯一的协议，并取代任何在此之前双方之间关于该主题事项的任何口头或书面的交流或理解。
4.12.本协议受中华人民共和国法律管辖。
4.13.各方将遵守所有适用的中华人民共和国法律法规，包括反贿赂、反腐败及行业禁止性的法律法规；并承诺不会参与任何意图违反上述法律法规的行为。
4.14.任何由本协议引起或与本协议有关的争议应尽可能地通过友好协商的方式加以解决。如果无法通过友好方式解决，任何一方可以将此类纠纷诉诸中国国际经济贸易仲裁委员会，根据仲裁委员会的仲裁规则来裁决。仲裁将在北京进行。该仲裁为最终裁决并对双方产生约束力。仲裁费用将由败诉方负担。
4.15.本协议用中文书就，并一式两份。双方各执一份原件。
双方确认已阅读并理解了本协议所有内容及其附录，并同意受本协议条款和条件的约束。
签署方:
XXXX 大 学 国 际 商 业 机 器 （ 中 国 ） 有 限 公 司
签 字 ： 签 字
授 权 代 表 签 字 授 权 代 表 签 字
姓名 (打印或印刷体书写) 姓名 (打印或印刷体书写)
职 称 职 称
日 期 日 期
附录 A - IBM 大数据及分析技术中心合作项目目标
IBM提供先进的大数据及分析及相关软件供大学建立IBM大数据及分析技术中心，开放给大学的教师、学生使用，以支持大学的教学和非商业性科研活动。
依托IBM大数据及分析技术中心，IBM与大学在下述领域开展合作：
1. 支持大数据及分析相关领域的学科建设、课程开发和人才培养；
2. 提升大学在大数据及分析相关领域的科研能力；
3. 促进大学与产业的联系，共建良好的生态系统。
附录 B – 双方责任
协议双方职责概括如下。
IBM的职责：
1. IBM向大学提供IBM大数据及分析相关软件，详细的软件列表请参见附录C。
2. 指定IBM大数据及分析技术中心大学合作项目的项目接口人。
3. 提供合适的培训材料及培训课程。承担为大学教师及管理人员进行技能培训所产生的培训讲师费用及培训材料的开支等。
4. IBM向大学开放“大学共享研究”（Shared University Research）等联合研究项目，并协助大学提交项目申请。
5. 协助技术中心优秀教师申请IBM访问学者计划，教育部《IBM公司产学合作专业综合改革项目》课程建设项目，《CSC-IBM中国优秀教师奖教金》等项目支持。
6. 每半年与大学共同就该项目的实施情况进行审评。
大学的职责：
1. 大学应建立相应的IBM大数据及分析技术中心，并自行负责其日常运营和管理，指派技术中心负责人。
2. 大学应为技术中心制定全面工作计划（见附件E）并为计划的实施配备相应的人员、场地及设施。
3. 安装并配置相关软件并进行维护，使其保持良好状态以用于教学和非商业性科研项目。
4. 大学应鼓励其教师参与IBM大数据及分析的技术培训，并制定相应方法以支持教师相关差旅。
5. 大学基于技术中心实施的课程和科研项目、发表论文应注明受到IBM大数据及分析技术中心支持以及所使用的IBM大数据及分析软件名称。
6. 大学如利用技术中心所提供的IBM软件实施商业化项目，应与IBM方进行协商，按照商业化运作模式另行签订相关协议执行。
7. 针对该技术中心合作项目的进展和执行情况，每半年向IBM提供一次工作报告。
附录 C – IBM大数据及分析技术中心软件列表
类别 | 相关的IBM软件 |
信息和内容管理类 | IBM DB2 IBM InfoSphere BigInsights IBM InfoSphere Streams IBM InfoSphere Warehouse IBM InfoSphere Information Server IBM InfoSphere Data Architect IBM InfoSphere Data Studio IBM InfoSphere Data Replication IBM Content Foundation IBM Content Manager IBM Content On Demand IBM Data Capture |
数据和内容分析与优化类 | IBM SPSS Advanced Statistics IBM SPSS Data Collection IBM SPSS Modeler IBM SPSS Analytic Decision Management IBM Social Media Analytics IBM Cognos BI IBM ILog Cplex IBM ILOG ODM Enterprise IBM Case Manager (including IBM Content Analyzer) |
金融及风险管理类， | IBM Algorithmics |
及合规性管理类 | IBM OpenPages IBM Content Collection |
IBM Enterprise Record Manager | |
智慧商务类 | IBM Websphere Commerce IBM DemandTech IBM Unica IBM Sterling Commerce IBM Coremetrics |
附录 D – Agreement for IBM Academic Initiative Part I: Agreement for IBM Academic Initiative
(Refer the latest version at xxxxx://xxxxxx.xxx.xxx.xxx/xxxxxxxx/xx/xxxxxxxxxx/xxxxxxx/xxxxxxxx-xxxxxxxxx- china.pdf)
The purpose of the IBM Academic Initiative is to make available certain Programs, Educational Materials, and Software Maintenance at no charge under this Agreement for IBM Academic Initiative (the “Agreement”) to you, a “Registered Faculty Member” or a "Registered Graduate Teaching Assistant.”
You accept the terms of this Agreement by completing the registration process at xxxx://xxx.xxx.xxx/xxxxxxxxxx.
This Agreement and any IBM license agreements or any other agreements under which Eligible Products are made available to you are the complete agreement between you and IBM Global Services (China) Co. Ltd. regarding the use of those Eligible Products and replace any prior oral or written communications between you and IBM regarding this offering. If there is a conflict between any of the terms of other applicable licenses and agreements and those of this Agreement, the terms of this Agreement prevail to the extent that the terms conflict.
1. Definitions
Institution: an accredited higher education institution approved by IBM to participate in this offering. Qualifications for approval are listed at the following Web site: xxxx://xxx.xxx.xxx/xxxxxxxxxx.
Registered Faculty Member: a member of an Institution’s faculty who has registered, with the authorization of their Institution, to participate in this offering.
Registered Graduate Teaching Assistant: a graduate student who teaches under the supervision of a Registered Faculty Member and has registered to participate in this offering.
Educational Materials: The term “Educational Materials” means information technology-related educational material that IBM makes commercially available. Educational Materials may be tutorials, instructor guides, student guides, lab setup guides, lab exercises, slide decks, sample tests, syllabi, workbooks, charts, white papers, and IBM Redbooks. Educational Materials may be delivered in the form of software or written material, computer-based training (CBT) or Web-based training (WBT) courses, Webcasts, or Adobe Acrobat (“PDF”) files or revisable formats.
Eligible Products: Eligible Products include Programs, Software Maintenance, Educational Materials, and other resources that are listed in IBM’s Academic Initiative Eligible Product List (the “List”). The List is available at xxxx://xxx.xxx.xxx/xxxxxxxxxx for Programs.
Students: Students enrolled in the classes for which you are responsible.
2. License
IBM grants you a nonexclusive, nontransferable license to use Programs and Educational Materials solely for instruction and learning, as well as noncommercial research at the Institution. This use includes the design, development and testing of software applications or hardware created by you and your Students.
You may make copies, including backup copies, to support the level of use authorized, provided you ensure that the copyright notices and any other legends of ownership are reproduced on each copy or partial copy of the Programs and Educational Materials. You may install these copies only on
1. one or more of the Institution’s servers or personal computers located on its premises (and grant access to such servers and personal computers, including unlimited connections to such servers, to your Students) and
2. personal computers owned by you and your Students, one copy per user.
You may use Programs and Educational Materials and distribute them only to your Students.
Programs and Educational Materials may not be 1) used, copied, modified, or distributed except as provided in this Agreement; 2) reverse assembled, reverse compiled, or otherwise translated, except as specifically
permitted by law without the possibility of contractual waiver; 3) sublicensed, rented, or leased; or 4) used for commercial or administrative purposes.
In addition, Programs and Educational Materials may not be used for vocational, avocational, occupational, academic or professional development credit or noncredit courses which do not lead to nationally recognized qualifications or levels of academic achievement unless indicated to the contrary by IBM in its Educational Materials catalogue (Catalogue), which is found at xxxx://xxx.xxx.xxx/xxxxxxxxxx. Courses requiring that you be certified by IBM to teach them are so specified in the Catalogue. The cost of all certification examinations and training will be borne by the Registered Faculty Member.
Derivative Works
At your option, you may modify, translate, or take excerpts from the Educational Materials that IBM provides to you (“Derivative Works”) subject to two exceptions that are specified in the Catalogue: (a) those Educational Materials from which you may not create a Derivative Work and (b) those from which you are required to create a Derivative Work from part, or all, of such Educational Materials.
Derivative Works are subject to the same license terms as the Education Materials. Upon request, you will provide IBM with a copy of any such Derivative Work. IBM has 1) an irrevocable, nonexclusive, worldwide, paid- up license to use, reproduce, display, distribute (internally and externally) copies of, and prepare derivative works based on, any such Derivative Work and 2) the right to authorize others to do any of the former.
The terms of this Agreement apply to each copy you make.
3. Charges and Taxes
IBM provides Eligible Products under this Agreement at no charge. IBM makes Programs, versions, releases, and updates of such Programs, and Educational Materials available to you as downloads. However, if you require Programs, versions, releases, or updates of such Programs, or Educational Materials that are available in magnetic or digital media, IBM may provide it to you for a charge.
If any authority imposes a duty, tax, levy or fee, excluding those based on IBM’s net income, upon Eligible Products supplied by IBM under this Agreement, then you agree to pay that amount as IBM specifies in its invoice or equivalent document or supply exemption documentation.
4. Software Maintenance
IBM provides assistance only to you for each eligible Program acquired under this Agreement. While Software Maintenance is in effect:
1. IBM will make available to you the most current commercially available version, release, or update to all of the Programs you acquire under this Agreement, should any be made available.
2. IBM provides you assistance for your 1) routine, short duration installation and usage (how-to) questions; and
2) code-related questions.
IBM provides assistance via (1) Web-based self service which permits access to a knowledge base of product documentation, frequently asked questions, hints and tips, technical notes, readme files, programming samples, newsgroups, product fixes and refreshes, and product evaluations; and (2) e-mail support unless otherwise specified by IBM.
Software Maintenance does not include assistance for 1) the design and development of applications, 2) your use of Programs in other than their specified operating environment or 3) failures caused by products for which IBM is not responsible under this Agreement. Software Maintenance may not be available for all Programs.
5. Your Responsibilities
You represent that you are either a Registered Faculty Member or a Registered Graduate Teaching Assistant. You agree to
1. ensure that the any student to whom you provide access to any Eligible Products has read, understands, and
agrees to be bound by the terms of this Agreement;
2. maintain records of all copies made of Eligible Products, including the names and email addresses of the users to whom they were distributed;
3. upon request from IBM, provide a report on your utilization of this offering to IBM, in a manner that IBM designates; and
4. notify IBM in writing when you are no longer
(a) a faculty member; or
(b) a graduate teaching assistant at the Institution by which you were employed when you registered for this offering.
6. 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 IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT REGARDING THE ELIGIBLE PRODUCTS.
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.
7. Business Contact Information
You agree to allow IBM and entities within International Business Machines Corporation and the subsidiaries it owns by more than 50 percent (“Enterprise”) to store and use your business contact information, including names, business telephone numbers, and business e-mail addresses, anywhere they do business. Such information will be processed and used in connection with our business relationship, and may be provided to contractors acting on IBM’s behalf, IBM Business Partners who promote, market, and support certain IBM products and services, and assignees for uses consistent with our business relationship.
8. Limitation of Liability
Circumstances may arise where, because of a default on IBM’s part or other liability, you are entitled to recover damages from IBM. In each such instance, regardless of the basis on which you are entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM is liable for no more than:
1. damages for bodily injury (including death) and damage to real property and tangible personal property; and
2. the amount of any other actual direct damages up to the charges you paid for the Eligible Product that is the subject of the claim. If you receive the Eligible Product that is the subject of the claim at no charge, then IBM is not liable for any actual direct damages other than those specified in item 1 above in this section.
This limit also applies to any of IBM’s subcontractors and Program developers. It is the maximum for which IBM and its subcontractors and Program developers are collectively responsible.
Items for Which IBM is Not Liable
Under no circumstances is IBM, its subcontractors, suppliers or Program developers liable for any of the following even if informed of their possibility:
1. loss of, or damage to, data;
2. special, incidental, or indirect damages or for any economic consequential damages; or
3. lost profits, business, revenue, goodwill, or anticipated savings.
9. Change in Terms
IBM may change the terms of this Agreement by giving you one month’s notice by email. The revised terms will be posted at the IBM Academic Initiative Web site, xxxx://xxx.xxx.xxx/xxxxxxxxxx.
Otherwise, for any other change to be valid, both of us must agree in a signed writing. Changes are not retroactive.
Additional or different terms in any written communication from you are void.
10. Term and Termination
The offering has no term end date.
If IBM determines that you or your Institution no longer qualify for this offering, IBM will so notify you or your Institution, as applicable, in writing and give you three months in which to requalify. If at the end of the three month period, you or your Institution still do not qualify, IBM will terminate Software Maintenance but you and your Students may continue to use the Programs and Educational Materials.
If you fail to comply with the terms of this Agreement, IBM may terminate Software Maintenance and all of your licenses to use Programs and Educational Materials that you have acquired under this Agreement.
You may terminate this Agreement on written notice to IBM following the expiration or termination of your obligations but you and your Students may continue to use the Programs and Educational Materials.
IBM may terminate this Agreement on three month’s written notice to you. However, you and your Students may continue to use the Programs and Educational Materials.
Any terms of this Agreement which by their nature extend beyond the Agreement termination remain in effect until fulfilled, and apply to both of our respective successors and assignees.
11. General
1. You may not assign this Agreement, in whole or in part, without the prior written consent of IBM. Any attempt to do so is void.
2. You agree to comply with applicable export laws and regulations.
3. Neither of us grants the other the right to use its trademarks, trade names, or other designations in any promotion or publication without prior written consent.
4. All information exchanged is nonconfidential. If either of us requires the exchange of confidential information, it will be made under a signed confidentiality agreement.
5. Each of us is free to enter into similar agreements with others.
6. Each of us grants the other only the licenses and rights specified. No other licenses or rights (including licenses or rights under patents) are granted.
7. Each of us may communicate with the other by electronic means and such communication is acceptable as a signed writing. An identification code (called a "user ID") contained in an electronic document is sufficient to verify the sender's identity and the document's authenticity.
8. You agree that this Agreement will not create any right or cause of action for any third party, nor will IBM be responsible for any third party claims against you except as permitted by the Limitation of Liability section above for bodily injury (including death) or damage to real or tangible personal property for which IBM is legally liable.
9. 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.
10. Neither you, nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control.
11. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.
12. Geographic Scope
The rights, duties, and obligations of each of us are valid only in the country where Programs, Educational Materials, and Software Maintenance were made available.
13. Governing Law
Both you and IBM consent to the application of the laws of China to govern, interpret, and enforce all of your and IBM’s rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without regard to conflict of law principles.
Part II: Agreement for IBM Academic Initiative
(Refer the latest version at xxxxx://xxxxxx.xxx.xxx.xxx/xxxxxxxx/xx/xxxxxxxxxx/xxxxxxx/xxxxxxxxxx.xxx)
What Members ARE allowed to do: | What Members are NOT allowed to do: |
The software that is obtained from the IBM Academic Initiative is restricted to educational and noncommercial research purposes ONLY by Qualified Institutions. Educational purposes are defined as conducting education classes, labs or related programs for teaching and/or learning the Products, or concepts related to the Products, that are part of the IBM Academic Initiative. For example, classes on software development, introduction to programming languages, systems design and analysis, relevant mathematics courses, relevant business process courses, relevant science courses, or relevant engineering courses, to name a few. Noncommercial research purposes are defined as conducting not-for- profit research projects whose results would be considered to be in the public domain and suitable for submission to a peer-reviewed journal or conference for publication. IBM Products may be used in noncommercial research that is focused on the business concepts, science, math or technology upon which the product is based. A Qualified Institution is any publicly- or privately-funded body that is defined as one the following: University or college offering education that leads to nationally-recognized qualifications or levels of academic achievement - accredited by a regional or national accrediting council, commission, appropriate government agency, or board of education of the state or country in which the educational institution is located. Teaching hospital associated with an accredited institution. Research institution or consortia comprised of accredited institutions. Primary, elementary or secondary school, either publicly- or privately-funded, where education is the principal objective leading to nationally recognized qualifications or levels of academic achievement, and accredited to provide education by national or regional councils or agencies. Certain open standards organizations focused on | The IBM Academic Initiative is NOT a broad commercial software-licensing program with unrestricted use. As such, the software that is obtained as part of the IBM Academic Initiative has some restrictions: such as, it may NOT be used for any infrastructure purposes whatsoever either in the classroom, the lab, or for administration purposes. IBM Products may NOT be used to teach courses that are not for credit as a part of a degree program from an accredited college or university. Also, IBM software may NOT be used to teach courses that are part of adult-learning or career transition programs, or are designed to teach the operations of the product itself instead of using the product as an aid in teaching underlying principles or concepts. |
nurturing the open collaboration development of open source technologies. Examples of open standards organizations include Xxxxxxx.xxx xxxXxxxxxXxxxx.xxx. Note: In general, members of non-profit organizations maybe eligible to join the IBM Academic Initiative only if all of the following conditions are met: The non-profit organization conducting the research is predominantly research-oriented, with demonstrable ties to the academic community. The research is being done in connection with an academic institution. The results of the research will be published in a public academic journal or otherwise be made publicly available. | |
Faculty who are authorized members of the IBM Academic Initiative (“Members”) may distribute the Products to students enrolled in their courses or degree- granting programs by downloading the Products to a secure server and allowing the students access to the server, and/or by downloading the Products onto a personal machine and copying to a CD with subsequent copying to lab machines or student machines. Access to the Products may only be provided to students enrolled in classes or degree-granting programs being taught or advised by the Member. | If the Institution has only one server that is shared between the administrative staff and faculty/students, the Products may not be installed on that server. There must be separate servers for administrative staff and faculty/students. The IBM Academic Initiative provides server license agreements, and it is not possible to split server licenses. |
Each Institution may designate a single point of contact (“I/T Administrator”) to manage the distribution and support of the Products to authorized Members and students enrolled in their courses. The I/T Administrator will administer, manage and enforce the distribution obligations for the Products according to the IBM Academic Initiative Program Agreement and these Software Usage Guidelines. This includes loading the software onto servers and lab machines accessible only by Members and students enrolled in the Member’s course(s). Additionally, the I/T Administrator MUST maintain and respond to IBM’s semi-annual web reporting request for the number of students taught using the Products, the related courses being taught, and other information requested periodically by IBM. Individual faculty members who are relying on the I/T Administrator to administer the Products must still join the IBM Academic Initiative in order to take advantage of the benefits offered. | Faculty members of an institution cannot use the Products being managed by the I/T Administrator unless they are a member of the IBM Academic Initiative. Students may not use the Products unless they are enrolled in a Member’s course. |
Individual faculty members of a qualified institution may join the IBM Academic Initiative. Graduate Teaching Assistants may also join provided the faculty member for whom they are assigned is also a member of IBM’s Academic Initiative. | Memberships may not be shared among faculty or departments. This includes a prohibition on sharing membership IDs and passwords with non-members, including students. |
Each Member will administer, manage and enforce the distribution guidelines for the Products according to the | Membership benefits may not be delivered to, or shared with, the institution’s business operations or |
IBM Academic Initiative Program Agreement and these Software Usage Guidelines. | administrative departments. |
Each Member may make copies of the IBM Products for backup purposes, or to provide a single copy to each student enrolled in his/her class. The IBM Academic Initiative Member is responsible for semi-annual reporting of the number of students who have used the Products, and other information requested periodically by IBM. | Copies of the Products may not be provided to students who are not enrolled in a Member’s class, nor may copies be provided to other faculty who are not members of the IBM Academic Initiative. Students who withdraw from a course being taught by a Member must delete the Products from their personal workstation, and/or be denied access to the Products via a server or lab machine. |
Every copy of the Products shall be a true and complete copy, and include all copyright and trademark notices. | The Products may only be provided to students who are taking at least one credit course from a Member. Students enrolled in continuing education or non- credit courses are not eligible to receive, gain access to, or use the Products or other benefits offered by the IBM Academic Initiative. |
The IBM Academic Initiative provides e-mail-based support for routine, short duration installation and usage questions for selected Products. e-mail is monitored as available during normal U.S. business hours, Monday thru Friday, for select Products. In addition, Members have access to web-based self-help and the IBM Academic Initiative newsgroup. Only Members can submit email support requests (email from students and non-members will not be accepted). | IBM Academic Initiative support is not provided for performance tuning and integration with other products. Members are not entitled to support for reporting and seeking a resolution to defects in IBM code and publications, unless the educational institution has a separate maintenance agreement with IBM. Problems may be reported via the IBM Academic Initiative technical support form and will be resolved on a best efforts basis (for select products only). Fixes and code modifications are only available as new releases and fix packs are added to the IBM Academic Initiative download catalog. |
The Products available via the IBM Academic Initiative may not be sold, rented, leased or transferred to any third party including contractors, other department's personnel, other companies or consultants performing services for your department or institution, or students not enrolled in a Member’s class. This includes entities working on joint research projects. | |
IBM Academic Initiative subscription licenses are perpetual, except for the Lotus technologies. If an IBM Academic Initiative Member decides not to renew his/her membership, he/she can still use the Products that were obtained as a benefit of their membership, and in accordance with the terms and conditions of the IBM Academic Initiative Program Agreement and these Software Usage Guidelines. NOTE: Lotus licenses are NOT perpetual. See additional details below for more information. | Once a Member’s membership in the IBM Academic Initiative has expired, the Member will no longer receive program benefits. Additionally, students are no longer allowed to obtain copies of the Products to load onto their personal machines, or gain access to the Products via a server or lab machine. In the event of membership expiration, the affected Member must promptly remove any Products that he/she has installed on the institution’s servers or lab machines for access by students. Members can renew their membership by visiting the IBM Academic Initiative web site and completing the semi-annual questionnaire regarding IBM and open source content being used in the Member’s course(s). |
Other benefits offered by the IBM Academic Initiative include webcasts and podcasts. The information provided during these sessions, including the audio tapes and/or video tapes of these sessions, may be used by Members in their classrooms, so long as proper attribution (copyright, trademark service mark, etc.) is given to IBM as the owner and provider of the information. | IBM webcasts and podcasts may not be modified in any way. |
Additional details by IBM product brand:
Tivoli software may be used for non-commercial research and teaching concepts supporting the Tivoli pillars of performance, availability, configuration and operations; storage; and security. Tivoli products may NOT be used in commercial research for configuration management, software distribution/inventory, network monitoring, storage or security systems. They may not be used in classes formally addressing these concepts. The use of Tivoli products to maintain the infrastructure within the institution, or for the performance of other administrative functions, is prohibited under the IBM Academic Initiative. Tivoli products may NOT be used for commercial research in any capacity. Tivoli products may be used to as aids in teaching concepts that support all Tivoli “pillars” (performance, availability configuration and operations, storage, security and asset management). DB2 and Informix Dynamic Server may be used to teach the concepts, theory or procedures of database structures, database administration, or similar database-related courses. DB2 may also be used in noncommercial research to store, organize and query data.
WebSphere Application server may be used to teach concepts, theory or procedures in web application development.
AIX products may not be used as the operating system in a lab that is not used to facilitate the teaching and/or learning of development concepts, theories and procedures.
Cluster/scalable parallel (SP) software (CSM, PSSP, etc) may not be used to support clusters in a lab that is not used to facilitate the teaching, learning and/or research of clustering and parallelization development concepts, theories and procedures.
Lotus communications and collaboration software may be used only to teach IBM software, hardware or technology or for non-commercial research. The products are for the use of IBM Academic Initiative members for the duration of their membership in the IBM Academic Initiative, and for students enrolled in their course or project for the duration of that specific course or project. When an IBM Academic Initiative member does not renew membership, and/or when the specific class or project is completed, the member and students rights to use the Lotus Product are terminated. Lotus Learning products (e.g., Learning Management System and Workplace Collaborative Services) may not be used to deliver courses remotely for a fee or to deliver non-IBM content. Lotus Notes, Lotus Workplace, Lotus Sametime, Lotus Quickr and other Lotus products, cannot be used for communications and collaboration by administrators, IT staff, or faculty who are not Members, nor students of non-Members. Educational use of communications and collaboration products (e.g., Lotus Notes, Lotus Connections, Lotus Sametime and Lotus Quickr) includes the use of these products for communication and collaboration between Members and students enrolled in their courses. Members may use these Lotus Products to make or correct assignments, communicate with their students concerning course-related matters, and manage content for classes or research. Students may use the Lotus Products to turn in assignments, request help from, or communicate with, their professor (the Member), work with other students enrolled in the Member's course, or manage class or project content. Students may not utilize the Lotus Products made available through the Academic Initiative for personal use.
Please refer to the IBM Academic Initiative Program Agreement for specific license rights.
附录 E –XXXX大学IBM大数据及分析技术中心项目计划书
参考内容：
1. 学校基本情况
- 学校介绍
- 学校在未来几年的发展重点
- 学校与地区和产业界的合作情况
- 学校在大数据分析方面的发展现状、战略和优势
- 参与该合作项目的院系介绍
2. 技术中心定位及发展目标
- 技术中心拟发挥的作用
- 与学校优势学科、优势领域的关系
- 依托该中心进行人才培养的方向和目标
- 依托该中心开展科研项目的方向和目标
- 依托该中心与地区和行业开展合作的领域和目标
3. 技术中心配套资源
- 场地和基础设施
- 人员配备和职责
- 配套支持经费
4. 技术中心运营和管理模式
5. 技术中心三年整体规划
- 学科建设
拟结合的现有专业（方向）
拟新建的专业（方向）
- 人才培养
拟开展的教学项目和覆盖的学生人数
- 科 研
重点科研方向和领域
- 地区和产业合作
拟开展的合作项目
6. 技术中心2014-2015年工作重点和预期成果