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<br />1) attempt to correct or bypass the defect by providing the Cus'
<br />tomer with correction information issued by Central Service,
<br />if available; or
<br />
<br />2) submit documentation to Central Service, if specified as avail-
<br />able; and, in any event
<br />
<br />3) if the licensed program is inoperable, make a reasonable
<br />attempt to resolve the problem by applying a local fix or
<br />providing a bypass.
<br />
<br />Local Assistance-When Local Assistance is specified and the
<br />Customer encounters a problem, which the Customer's diagnosis
<br />indicates is caused by a defect in the unaltered portion of a current
<br />release of the licensed program, the Customer may request IBM
<br />assistance in resolving the problem. Such assistance, if requested,
<br />will be provided by an IBM representative and may be subject to
<br />the availability of personnel. This assistance may include, but not
<br />extend beyond, the following problem resolution activities'
<br />1) attempting to correct or bypass the defect by providing the
<br />Customer with correction information issued by Central Ser-
<br />vice, if available; or
<br />2) assisting the Customer with preparing documentation for
<br />submission to Central Service, if specified ilS avnilablo: and,
<br />in any event
<br />3) if the licensed program is inoperable, making a reasonable
<br />attempt to resolve the problem by applyinq a local fix or provid-
<br />ing a bypass
<br />
<br />Program Services Duration
<br />For each licensed program the types of program service
<br />provided will be specified as available:
<br />1) until discontinued by IBM with a minimum of six months' writ-
<br />ten notice; or
<br />2) until a designated calendar date; or
<br />3) during the testing period; or
<br />4) for a designated number of months for each license. In the
<br />event the Customer discontinues a licensed program and sub-
<br />sequently reorders it for the same installation (or location,
<br />when IBM has specified "Location License Applies"), tho
<br />service duration then III effect will be reduced by the number
<br />of months for whictl such service was previously provided.
<br />When a subsequent release of a licensed program which has the
<br />same program number becomes available, IBM may discontinue
<br />program services for any or all prior releases by ilOtice effective on
<br />the date stated therein
<br />For any licensed program, IBM shall Il,WP the right to ctlJrgefot
<br />any of the foregoing program services to the extent they are not
<br />specified as provided without additional charge. Other types of
<br />program services may be specified by IBM.
<br />IBM shall also have the right to charge for any additional effort
<br />Wllich results from providing program services for an altered
<br />licensed program or for a release which is not current.
<br />IBM does not guarantee service results or represent or warrant
<br />that all errors or program defects will be corrected.
<br />
<br />PERMISSION TO MODIFY
<br />The Customer may modify any licensed program materials in
<br />machine readable form and/or merge such m<ltcrials into other
<br />program material to form an updated work for ttle CU::ltorner's own
<br />use; provided that, upon discontinuance of the licensed program,
<br />the licensed program materials will be completely ['emoved from
<br />the updated work and dealt with under tllis Agreement as if
<br />permission to modify or merge had never been granted. Any
<br />portion of the licensed program materials included in such an
<br />updated work will continue to be subject to all terms of this
<br />Agreement.
<br />
<br />PROTECTION AND SECURITY OF LICENSED PROGRAM
<br />MATERIALS
<br />The Customer will take appropriate action, by instruction,
<br />agreement or otherwise, with any persons permitted access to
<br />licensed program materials so as to enable the Customer to satisfy
<br />the Customer's obligation under this Agreement.
<br />All copies of licensed program materials provided by IBM or
<br />made by the Customer including translations or compilations or
<br />partial copies within modifications, derivative works,_ and updated
<br />works are the property of IBM and may not be distributed by the
<br />Customer to any other persons, including other licensees of the
<br />licensed program, without 18M's prior written consent. The
<br />Customer will reproduce and include the copyright notice on
<br />any such copies made by the Customer in accordance with the
<br />copyright instructions provided by IBM.
<br />
<br />The Customer will maintain records of the numiJer anation
<br />of all copies of licensed program materials and will notify IBM in
<br />writing if the original or any copy of the licensed program
<br />materials will be kept at an installation (or location, when IBM has
<br />specified "Location License Applies") other than that of the
<br />machine designated in the applicable Supplement.
<br />The Customer will insure, prior to disposing of any media, that
<br />any licensed program materials contained thereon have been
<br />erased or otherwise destroyed
<br />The Customer will not provide or otherwise make available any
<br />licensed program materials in any form without IBM's priorwritten
<br />consent except to Customer employees or IBM employees, or to
<br />other persons during the period such other persons are on the
<br />Customer's premises, for purposes specifically related to the
<br />Customer's authorized use of the licensed program.
<br />
<br />liCENSED PROGRAM SPECIFICATIONS
<br />For each licensed program which is warranted, IBM will publish,
<br />at the time that licensed program becomes generally available, a
<br />document entitled "Licensed Program Specifications." Such
<br />Licensed Program Specifications may be updated by IBM from
<br />time to time and sue!l updates may constitute a change in
<br />specifications.
<br />
<br />WARRANTY
<br />Each licensed program which is specified in the Supplement as
<br />warranted will conform, when shipped to the Customer, to the
<br />Licensed Program Specifications which are in effect for that
<br />licensed program at that time, provided the licensed program is
<br />properly used In a Specified Operating Environment. If the
<br />Customer believes there is a defect in a licensed program such
<br />that it does not meet its Licensed Program Specifications, the
<br />Customer must notify IBM while program services are available
<br />for the program. IBM does not warrant that the functions con-
<br />tained in a licensed program will meet the Customer's
<br />requirements or will operate in the combinations which may be
<br />selected for use by the Customer, or that the operation of the
<br />licensed program will be uninterrupted or error free or that all
<br />program defects will be corrected.
<br />All other licensed programs will be distributed on an "As Is'
<br />basis without warranty of any kind either express or implied
<br />THE FOREGOING WARRANTIES ARE IN LIEU OF All
<br />OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
<br />BUT NOT LIMITED TO. THE IMPLIED WARRANTIES OF
<br />MERCHANTABILITY AND FITNESS FOR A PARTICULAR
<br />PURPOSE,
<br />
<br />SPECIFIED OPERATING ENVIRONMENT
<br />Each licensed program is designed to operate on one or more
<br />IBM machine types and, in most instances, in conjunction with
<br />other IBM eqUipment and programs. The Licensed Program
<br />Specifications for each warranted licensed program will state the
<br />environment in which the licensed program is designed to
<br />operate, For licensed programs distributed on an "As Is" basis, the
<br />Specified Operating Environment will be stated in a notice of
<br />availability of the licensed program.
<br />Program services for a licensed program used in other than a
<br />Specified Operating Environment are subject to limitations
<br />occasioned by the dlfterences between the Specified Operating
<br />Environment and the Customer's operating environment and by
<br />the extent of the local IBM ['epresentative's knowledge oj the
<br />Customer's equipment and programs. Such program services wil!
<br />be subject to the following conditions:
<br />
<br />1) When pertorming Local Service or Local ASSistance. IBM's ob-
<br />ligation is limited to having the local IBM representative apply a
<br />reasonable effort to provide program services as described in
<br />the applicable portion of the section entitled "Program Ser-
<br />vices." Furthermore, the local IBM representative will only bro
<br />expected to operate a machine designated in the Supplemer"
<br />if it was marketed or manufactured by 18M. IBM will have
<br />the right to charge for any additional effort required to perform
<br />these program services.
<br />2) Central Service will only respond to defects which will occur
<br />when Central Service operates the licensed program in a
<br />Specified Operating Environment.
<br />
<br />RETURN OR DESTRUCTION OF LICENSED PROGRAM
<br />MATERIALS
<br />Within one month after the date of discontinuance of any
<br />license granted hereunder, unless the requirement is waived by
<br />IBM. the Customer will furnish to IBM a completed torm entitled
<br />
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