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<br />a) use the licensed program miltcrials J, .Iilchinc rcndnble form
<br />on the machine or machines (hereinafter referred to 3S
<br />"machine") d(~signated in an applicable Supplement for sllch
<br />licensed program materials and in conjunction therewith to
<br />store the licensed program materials in, transmit them
<br />through, or display them on, units associated with such desig-
<br />nated machine:
<br />b) utilize the licensed progrZlrTl mtlterials in printed form in sup-
<br />port of the use of the licensed program; and/or
<br />c) copy or translate the licensed program materials in machine
<br />readable form into any machine readable or printed form to
<br />provide sufficient copies to support the Customer's use of
<br />the licensed program as authorized under this Agreement.
<br />Licensed program materials provided by IBM in printed form,
<br />microfiche or other non-machine readable form may not be
<br />copied. Additional copies may be obtained under license from
<br />IBM at the charges then in effect.
<br />With respect to restricted materials, t11e authorizations granted
<br />under the preceding paragraphs of this section are limited solely
<br />to the following purposes:
<br />a) making modifications to tile Customer's products and/or pro-
<br />grams so that they will function with the licensed programs to
<br />which the restricted materials apply;
<br />b) making modifications, subject to the provisions of Ole section
<br />entitled "Permission to Modify," to the Ilcense(j progrcuns to
<br />which the restricted materials apply; and/or
<br />c) assisting the Customer in problem determination, problem
<br />source identification and/or problem resolution activities
<br />associated with the use of the licensed programs to which Hle
<br />restricted materials apply.
<br />A separate license is required for each machine on which any
<br />licensed program materials will be used. except as provided in the
<br />subsections entitled "Temporary License Transfer," "Installation
<br />License" and "Location License."
<br />For any licensed program thLlt is a data base, the license granted
<br />in this section is further limited to permit access to sLlch data base
<br />exclusively by the Customer. Except as provided in the section
<br />entitled "Protection and Security of Licensed Program M'-lteri<lls,"
<br />the Customer shall not make or permit any manner of 3ccess to
<br />any form of such data base, or part thereof, for the purpose of
<br />making available to any other person any data contained in such
<br />data base.
<br />The Customer shall not use, print, copy, translate or display
<br />the licensed program materials, in wt101e or in part, unless ex-
<br />pressly authorized in this Agreement.
<br />The Customer shall not reverse assemble or reverse conlpile the
<br />licensed programs in whole or in part.
<br />
<br />Temporary License Transfer
<br />The Customer is authorized to transfer the license to and use
<br />the licensed program materials on:
<br />1) a backup machine when the designated machine or an asso-
<br />ciated unit required for use of the licensed program is tempo-
<br />rarily inoperable until operable status is restored and process-
<br />ing on the baCkup machine is completed; or
<br />2) another machine for assembly or compilation of the licensed
<br />program materials if the designated machine and its asso-
<br />ciated units do not provide the configuration required for as-
<br />sembly or compilation.
<br />
<br />Installation License
<br />When IBM specifies "Installation License Applies" the
<br />Customer is also authorized to use the licensed program materials
<br />on any other machine in the same installation as the designated
<br />machine. For purposes of this Agreement, "same installation"
<br />shall mean a single room or contiguous rooms unless otherWise
<br />agreed to in writing by 18M.
<br />
<br />Location License
<br />When IBM specifies "Location License Applies" the Customer is
<br />also authorized to use the licensed program materials on any
<br />other machine in the same location as the designated machine.
<br />For purposes of this Agreement, "same location" shall mean a
<br />single physical Customer location designated by a single mailing
<br />address and contained within a single building unless otherwise
<br />agreed to in writing by IBM.
<br />
<br />Change in Designated Machine
<br />The Customer may notify IBM of the Customer's Intention to
<br />change the designation of the machine on which licensed
<br />program materials are to be used. The change of designation will
<br />be effective upon the date set fortn In the form entitled
<br />
<br />.___M~'W'_"'''~'.'_'~_
<br />
<br />. Confirmation of Chil"ue in Designated MaCrline" furnished to the
<br />Custom"r by IBM.
<br />
<br />Additional Licenses
<br />E<1ch additional license for licensed program materials already
<br />licensed by the Customer under this Agreement must be ordered
<br />ilS described herein
<br />For additional licenses, in lieu of distribution from IBM. the
<br />Customer may elect to copy those licensed program materials
<br />previously distributed to that Customer by IBM in machine
<br />readable form. The Customer may make such copy upon receipt
<br />of a Supplement issued by IBM wtlich designates the Effective
<br />Date for Additiona! License requested by Hle Customer. The
<br />testing period, if any, for such additional license will commence
<br />on the Effective Date for Additional License. Permission to copy
<br />granted in this subsection does not apply to licensed program
<br />materials provided by IBM in printed form
<br />For certain licensed programs, IBM may offer the Distributed
<br />Systems License Option (OSLO) under which licenses in addition
<br />to the initlilllicense (8<lsic License) fT]Jy be obtained for a OSLO
<br />d131-ge. When ordering Jdditional licenses for such a licensee!
<br />progrJm. the Customer must designate whether an additional
<br />B,lSic or OSLO License is requested. For each OSLO License, the
<br />Customer will:
<br />1) copy those licensed program materials previously distributed
<br />in machine rCildahlc form to the Customer by IBM under the
<br />Basic License and use slIch copies on the machine designatecJ
<br />in the Supplement;
<br />2) provide problem documentation to IBM througll the location of
<br />the Basic License:
<br />3) at IBM's request, recreate allY problems at the location of the
<br />B3sic License. if Local SerJice or l.ocal Assistance as spec i-
<br />fip,d by IBM is available for the Basic License: and
<br />4) distribute to, instail and test on the OSLO designated machine
<br />any new release, cOlrection or bypass proVided by IBM to the
<br />Basic License designated [llC\chine
<br />Program services and the warranty. if any, for the licenscej
<br />program will be provided for DSLO Licenses only through the:
<br />Basic License loctltion and there will he no testing period for the
<br />DSLO Licenses.
<br />Unless the Customer designates another Basic License. nl ,tice
<br />of discontinuance of a Basic License shall be notice of
<br />discontinuance of all OSLO licenses for that Basic License.
<br />
<br />CHARGES
<br />The charges applicable to eactl licensed program will be
<br />specified by IBM and will consist of a one-time charge, an upgrade
<br />charge, periodic charges, and any Initial charge and/or anv
<br />process charge.
<br />Periodic charges. which may be monthly. quarterly, semi-
<br />annual or annual. will continue until the licensed program is
<br />discontinued. However, for certain licensed programs. IBM may
<br />specify a consecutive number of payments after which further
<br />periodic charges will be waived
<br />For certain licensed programs, IBM may designate one or more
<br />replacement licensed programs. When a licensed program is
<br />discontinued and replaced by the Customer with an IBM
<br />designated replacement licensed program an upgrade charge as
<br />spccilic:d by IBM will apply.
<br />Licensed optional materials may be subject to a charge as
<br />specified by IBM.
<br />Any additional charges for program services for licensed
<br />programs will be at IBM's then applicable hourly service rates and
<br />minimum charges and such services will be provided under the
<br />terms and conditions of this Agreement unless provided under
<br />separate written agreement signed by the Customer and IBM.
<br />Commencement and Invoicing of Charges
<br />Periodic charges will commence on the day, Monday through
<br />Friday, following the end of the testing period. or 10 days after
<br />Shipment of the licensed program by IBM if there is no testing
<br />period, except as set forth below In this subsection. Monthly
<br />charges for a partial month's use will be prorated based on a thirty-
<br />day month. Other periOdiC charges will not be prorated and are
<br />not refundable in whole or in part. Periodic charges will be
<br />invoiced in advance.
<br />Unless otherwise speCified by 18M, one-time charges, initial
<br />charges, upgrade charges and licensed optional materials
<br />charges will be due on the day, Monday through Friday,.!ollowing
<br />the end of the testing period, or 10 days after shipment of the
<br />licensed program materials by IBM if there is no testing period or if
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