Tx Bob,

I will ask at IBM, but I want to be prepared.

ITschak

On Thu, Dec 30, 2010 at 5:47 PM, Richards, Robert B. <
[email protected]> wrote:

> Itschak,
>
> I am not a contract lawyer! :-)
>
> Without elaboration and strictly my opinion:
>
> "NO" to all your questions. IBM publishes, for all the world to see (on the
> web, on contracts, etc.) its pricing metrics and Terms and Conditions (T&C)
> for those metrics that usually apply to all. As a rule, there is no
> differentiation made between one company or another. I believe, in the US,
> it is not legal for IBM to do so. Outside the US, most of the same contract
> rules are still applied.
>
> Having said that, I have seen variable pricing "discounts and uplifts" in
> EMEA due to the presence (or lack thereof) of competitive situations. But
> not wholesale "I get it free and you have to pay" scenarios and certainly
> not with different T&Cs.
>
> I'll let others provide a more authoritative response. Better yet, why not
> ask your friendly IBM rep to answer this?
>
> Bob
>
>
> -----Original Message-----
> From: IBM Mainframe Discussion List [mailto:[email protected]] On
> Behalf Of Itschak Mugzach
> Sent: Thursday, December 30, 2010 8:51 AM
> To: [email protected]
> Subject: Re: IBM MLC discount policies
>
> Thanks to those who replied. My question is more about the limitation IBM
> took or put on IBM on pricing. For example. is this possible that one
> customer will pay for a product (not a OTC product)  and the other will
> not?
> is this legal from IBM procedures point view? What I am trying to
> understand
> is, does MLC pricing (Whic his based on size, usage, or workload, but there
> is a clwar rule to differentiate customers, or MLC pricing methods are a
> negotiation starting point...)  a recommendation or must for IBM ?
>
> ITschak
>
> On Thu, Dec 30, 2010 at 3:35 PM, Richards, Robert B. <
> [email protected]> wrote:
>
> > Excellent list, Timothy!
> >
> > One other "minor" point that may not be valid anymore (it has been 13
> years
> > since I was last a s/390 Client Rep):
> >
> > If you happen to be negotiating with IBM in late 4th quarter, you may be
> > able to get them to be a little more accommodating if they are trying to
> hit
> > certain revenue quotas. <smile>
> >
> > Bob
> >
> > -----Original Message-----
> > From: IBM Mainframe Discussion List [mailto:[email protected]] On
> > Behalf Of Timothy Sipples
> > Sent: Thursday, December 30, 2010 8:25 AM
> > To: [email protected]
> > Subject: Re: IBM MLC discount policies
> >
> >  I'll run through the list, in no particular order:
> >
> > 1. An IBM Enterprise License Agreement (ELA), and other IBM agreements
> > which incorporate ELA terms and conditions, is/are a way to get some
> > additional value from your MLC. In very simple terms, if you can
> reasonably
> > forecast your MLC and make a financial commitment to some particular MSU
> > growth path, IBM provides some "coupons" (or credits) which can be used
> to
> > acquire IBM "One-Time Charge" (OTC/IPLA) software licenses. The more the
> > growth commitment, the more the credits. (Note that the credits must be
> > spent immediately, upon contract execution, so perhaps credits isn't the
> > right word.)
> >
> > In my personal opinion those credits should be treated as reductions in
> the
> > MLC, especially if you're calculating chargebacks and such.
> >
> > I strongly recommend exploring this sort of licensing with your friendly
> > IBM representative. It's good for you, it's good for IBM, and it's very
> > easy to do considering that you almost certainly already have capacity
> > forecasts.
> >
> > 2. If you are a qualified business partner (such as a qualified software
> > developer for z/OS, z/VSE, etc.) or academic institution, you are likely
> > eligible for sharp reductions in MLC through such programs as
> PartnerWorld
> > and the System z Academic Initiative.
> >
> > 3. If you would like to run a new workload that qualifies for zNALC
> > licensing, you can receive a major reduction in z/OS MLC. DB2 Value Unit
> > Edition licensing may also be available for that workload.
> >
> > 4. If you would like to run a qualifying new System z Solution Edition
> > workload, you would receive a single price quotation for all hardware
> > ("MIPS"), hardware maintenance, software licensing, and software
> > subscription/support for up to 5 years. Obviously there is an MLC
> reduction
> > incorporated into that quotation.
> >
> > 5. Standard MLC terms and conditions already include a number of
> discounts,
> > and more seem to get invented. A few examples:
> >
> > a. MLC pricing is strongly "curved." The more you use, the lower the
> price
> > for each incremental MSU. (And recently IBM added more tiers to maintain
> > that basic principle.)
> >
> > b. It's variable under VWLC, MWLC, and AWLC. If you have a "quiet" month,
> > you automatically get a discount.
> >
> > c. Likewise, it's subcapacity. If you only run MQ in one LPAR, then you
> > only pay for that LPAR (under VWLC, MWLC, AWLC, zNALC, or Solution
> > Edition).
> >
> > d. You're always in control, through defined capacity settings
> ("softcaps")
> > for individual LPARs and for groups of LPARs. As long as you know how to
> > twist the softcap "knobs," surprises are never possible.
> >
> > e. It applies only to real work (dev/test/prod). For example, there's no
> > additional charge for a real disaster, or for cold or warm standby, or
> for
> > a proscribed number of disaster rehearsals (CBU), or for such events as
> > relocating machines between data centers (CPE).
> >
> > f. For the past 10 years there have been "technology dividends."
> Sometimes
> > these dividends have been in the form of MSU reductions on new machine
> > models. Other times they've been in the form of new licensing (e.g. VWLC
> in
> > 2000 and AWLC in 2010).
> >
> > g. Specialty engines (zAAPs, zIIPs, ICFs) do not incur IBM software
> license
> > charges. Software vendors, including IBM, continue to make more of their
> > products eligible to run on specialty engines.
> >
> > h. Specialty accelerators, notably the new Smart Analytics Optimizer, can
> > end up effectively reducing MLC, at least on an equal performance
> > comparison.
> >
> > i. IBM is doing a very good job reducing path length in many MLC products
> > with new releases, notably z/OS, DB2 10, IMS, and (especially if you
> > exploit threadsafe) CICS.
> >
> > 6. IBM tries to be reasonable. For example, if you're migrating from one
> > machine to another (such as a machine upgrade), and you need a short
> period
> > when you're running MLC on both machines but are still supporting the
> same
> > workloads (same number of users, same transaction volumes, etc.), you can
> > request a short-term waiver on one of the machines (generally the smaller
> > one). IBM does not promise to honor such requests but will consider them
> in
> > good faith.
> >
> > As always, I do not speak for IBM. Which means I might be more
> > entertaining.
> >
> > - - - - -
> > Timothy Sipples
> > Resident Enterprise Architect
> > STG Value Creation & Complex Deals Team
> > IBM Growth Markets (Based in Singapore)
> > E-Mail: [email protected]
> >
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>
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