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<br />such Reriod has expired, except as forth below in this
<br />subsecTion.
<br />For ~dditionallicellses for which the Customer has mode copies
<br />pursuant to the subsection entitled "Additional Licenses" and for
<br />which there is no testing period, periodic charges will commence
<br />and other charges will be due upon the Effective Date for
<br />Additional License designated in the Supplement.
<br />Process charges will be due upon receipt by the Customer of
<br />the licensed program materials to which such charges apply and
<br />are not refundable even if the Customer discontinues the licensed
<br />program prior to or during the testing period.
<br />Payment will be made as stated in the invoice.
<br />Applicabte Taxes
<br />in addition to the charges due under this Agreement, the
<br />Customer agrees to pay amounts equal to any taxes resulting
<br />from this Agreement, or any activities hereunder, exclusive of
<br />taxe~based on IBM's net income.
<br />Price""'Changes
<br />Periodic charges are subject to change by IBM upon three
<br />months' written notice to the Customer. Any changes in periodic
<br />charges become effective on the first day of the Period which
<br />commences on or after the effective date specified in the notice.
<br />Initial charges, one-time charges, process or upgrade charges,
<br />and charges for licensed optional materials are subject to change
<br />without prior notice except that such charges shall not be
<br />increased if, prior to the date of the notice, 1) the licensed program
<br />materials had been shipped by IBM, or 2) the Customer had
<br />copied licensed program materials pursuant to the subsection
<br />entitled "Additional Licenses." In addition, if the Customer's
<br />written order was received by IBM prior to the announcement of
<br />such increase in charges, such charges shal! not be increased if,
<br />within one month after the date of notice, shipment of the licensed
<br />program materials occurs or the Customer copies licensed
<br />program materials pursuant to the subsection entitled "Additional
<br />Licenses."
<br />If charges are increased for any licensed program materials, the
<br />Customer may discontinue them in accordance with the
<br />provisions of this Agrel~ment; other\Nise, the new char~18s will
<br />become effective.
<br />
<br />SHIPMENT
<br />The Estimated Shipment Date for licensed programs will be
<br />specified by IBM. However, IBM does not represent or warrant
<br />that such shipment date will be met.
<br />IBM will notify the Customer of Ule type of program storage
<br />media required for shipment. Unless returnable or disposable
<br />media are used, the program storage media mus~, be provided by
<br />the Customer or ordered from IBM at the applicable charge.
<br />Except when other\Nise specified by IBM, licensed program ma-
<br />terials will be shipped to the Customer without shipping charge.
<br />Any special shipment requested by the Customer will be at
<br />Customer expense.
<br />
<br />LICENSED PROGRAM TESTING
<br />For each licensed program IBM wil! specify the testing period, if
<br />any, during which the licensed program will be made available for
<br />nonproductive use. The purpose of the testing period is to permit
<br />the Customer to determine whether the licensed program
<br />functions selected by the Customer operate together and to assist
<br />the Customer in determining whetller the licensed program meets
<br />the Customer's requirements. The testing period will begin 10
<br />days after shipment of the licensed program by IBM or on the
<br />Effective Date for Additional License, untess otherwise specified
<br />The Customer may discontinue the licensed program, upon
<br />written notice effective immediately, at any time during the testing
<br />period, in which event periOdic charges, one-time charges, initial
<br />charges. upgrade charges and licensed optional materials
<br />charges wil) not be due. However, process charges will be
<br />payable. Unless such notice of discontinuance is given, ttle
<br />Customer will be deemed, at the end of the testing period, to have
<br />decided to retain the licensed program under the provisions of this
<br />Agreement.
<br />In the event that the licensed program is used for productive
<br />purposes during the testing period, the Customer will notify IBM
<br />and the testing period will be deemed to have ended as of the date
<br />upon which the Customer commences productive use
<br />Subsequent releases, if any, of a licensed program which have
<br />the same program number will be made available to the Customer
<br />
<br />2125-0029-01
<br />
<br />for productive use fl., ,)f test on the designated machine while
<br />the Customer contHll10S productive use of a previous release on
<br />lhnt m<lcl)ine iHld P;IYS arplicnhl(J ch<:lrw~~; therefor. The Customer
<br />has HlC right to decide whether to intal! any such releases or
<br />continue use of a previous release having given due regard to the
<br />provisions of the section entitlr:d "Progr,ul1 Services."
<br />In the event of discontinuEHlce of a licensed program and
<br />subsequent rcorocrinD of the same licensed program for the same
<br />installation {or location, W~lf'n IBM has specified "Location
<br />License Applies"}, there will be no testing period for the
<br />subsequent license
<br />
<br />RISK OF LOSS
<br />If licensed program materials are lost or damaged during
<br />stllprnent from IBM, IBM will replace such lIcensed program
<br />materials and program storage medIa at no addItional charge to
<br />the Customer.
<br />If licensed program materials are lost or damaged while In the
<br />possession of the Customer, IBM will replace such licensed
<br />program materials. at the applicable charges, jf any, for
<br />processing, distribution, and/or program storage media.
<br />
<br />EARLY SHIPMENT OF LICENSED PRiNTED MATERIALS
<br />When the Customer tlas received a Supplement issued by IBM
<br />for a ,generally available licensed program, licensed program
<br />materials which are provided by IBM In printed form will, upon
<br />Customer request, be shipped to the Customer up to six months
<br />prior to shipment of the machine readable portion of the licensed
<br />program materials. TIle licensed printed materials, thus provided,
<br />may not be copied In any form for any purpose.
<br />If the Customer does not request that the machine readable
<br />portion of the licunsed program materials be shipped within six
<br />months followinq Ull~ elato of shiprnent 01 the licensed printed
<br />materials, ttw Customer will discontinue the license and return or
<br />dQstroy Ole printeej m<lteri;:lIs
<br />The charge lor early shipment 01 licensed printed materials will
<br />consist of any applicable process charges.
<br />Progri1m services. if Jny, Will not hn provided prior to shipment
<br />of the machine rf:adClble rortion of the Ilu~nsed program
<br />rnaterii1ls
<br />
<br />PROGRAM SERViCES
<br />For each licensed program, IBM Will speCify the types and
<br />dumtions of program services, If any to be prOVided Without
<br />additional cl1mge for i1 current release of the I,icensed program.
<br />Program services will commence at the beginning of the licensed
<br />program tesling period or, if there is no testing periOd for that
<br />license, when periodic charges commence or other charges are
<br />due. Program services will be subject to the provisions of the
<br />section entitled "Specified Operating Environment,"
<br />
<br />Types of Service
<br />Centml Service -- When Central Service is specified one or
<br />more service locations will bl:} designnted which will accept
<br />documentation, JIl a format preSCribed by IBM, Indicating that a
<br />problem IS caused by a defect in the licensed program. Central
<br />Service will respond to a defect in the unaltered portion of a
<br />current release of the licensed program by issuing: defect
<br />correction information such as correction documentation, cor-
<br />rected code, or notice of availability of corrected code; or a
<br />restriction or il bypass Unless LOCo1l Set'vice is also specified for
<br />the licensed progrnrn. the Customer will be responsible lor the
<br />preparation and submission of documentation to Central Service
<br />IBM may also establish a center (Support Center) 10 prOVide the
<br />Customer with telL~phone ilssist;:mce in problem diagnosis and
<br />resolution. Wt)en i1 Support Center is established for a licensed
<br />progrilm and a problern occurs wt)ich the Customer believes IS
<br />related to the use of a licensed prograrn, Ole Customer will contact
<br />the Support Center and will perform Clppropriate problem
<br />definition activities imd remedial actions, as prescribed by the
<br />Support Center, prior to any dispatch of Cin IBM representative
<br />IBM also offers other services through Support Centers with or
<br />without charge, as applicable
<br />Local Service-When Local Service is specified and a problem
<br />occurs which the Customer determines is caused by the use of a
<br />licensed program and the diCl.gnosis of the IBM representative
<br />indicates the problem is caused by a defect in the unaltered
<br />portion of il current rt~lease of the licensed prowam. the IBM
<br />reprcsentilliv8 Will perform the folloWlrlq problem resolution
<br />activities:
<br />
<br />Pw~e 9 of 17
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