|
<br />"
<br />
<br />1) attempt to correct or bYPilss IIle defect by providing the Cus-
<br />to~r 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 />wi!! 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) a,tempting to correct or bypass the defect by providing the
<br />Customer with correction information issued by Centr.11 Ser-
<br />vice, if available; or
<br />2) assisting lh(~ Customer with pn:;paring documentation for
<br />submission to Cent!nl Service, if specifinci lEi ;lV,lllilh!(~: ,111(1.
<br />in any event
<br />3) if the licensed pr-ogram is inoperable, m.1king .1 m.lsonablf:
<br />attempt to resolve the problem by applying n local fix or pr"ovid-
<br />ing a bypass.
<br />
<br />Program Services Duration
<br />For each licensed program the types of program SArVlce
<br />provided will be specified as available:
<br />1) until discontinued by IBM INith a minimum of six rnonH1S' writ-
<br />ten notice: or
<br />2) until a designated calendnr 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"), the
<br />service duration lticn In effect will be reduced by the number
<br />of months for which such service was previously provided.
<br />When a subsequent release of a licensed program which has th(:~
<br />same program number becomes cwail<:lble, IBM may discontinue
<br />program services for any or all prior releasi.~sby I'lotice effective on
<br />the date stated therein
<br />For any licensed prowam, !8M shall havp the nghlto ctlillgC for
<br />any of the foregoing program services to the extent they are not
<br />specified as provided without additional charge, Olher types of
<br />program services may be specified by 18M.
<br />IBM shall also have the right to ctlarge for any additional effari
<br />which 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 MOOIFY
<br />The Customer may modify any licensed program materials in
<br />machine readable form and/or merqe such rIlilterials into oth(~r
<br />program material to form an updated work fur till) CW;!UIllPr'S uwn
<br />use; provided that, upon discontinuance of the licensed pl'Ogranl,
<br />the licensed program materials will be completely removed from
<br />the updated work and dealt with under this 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 ANO SECURITY OF L1CENSEO 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 />~II copies of licensed program materials provided by IBM or
<br />mdde 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 hy 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 hy the Customer in accordance with the
<br />copyright instructions provided by IBM.
<br />
<br />The Customer will maintain records of the n~jmher an _atien
<br />of all copies of licensed program materials and will notify IBM in
<br />writing If ttle original or any copy of the licensed prograrn
<br />materials will be kept at an installation (or location, when IBM has
<br />specified --Location License Appllen 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 materi8.ls in any form without IBM's prior written
<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 cntitlpd "Licensed Progr(HT1 Specifications." SUC~l
<br />Licensed Pro(llllr1l ~:;pccificiltlnrlS fllclY be updated by IBM from
<br />timC' to \illl(~ ,lI1d srJcll LJplidtc~.; milY constitute (l change in
<br />speCification:;.
<br />
<br />WARRANTY
<br />EClch licensed PIOqr;Hll whiell is specified in ttle Supplement as
<br />w<llr,mted will confollT1, whell :;Illpped to the Customer, to Ull:~
<br />Licensed Progrilln Specifici1tlons which are in effect for that
<br />licensed program at that tim8_ provided the licensed program is
<br />properly used in a Sp(-.~cified Operating Environment. If the
<br />Customer helieves there is a defect In a licensed program such
<br />that It does not meet its Licensed Program Specifications, tile
<br />Customer must notify IBM while program services are availabl8
<br />for the program, IBM does not warrant that the functions con-
<br />tained in a licensed program will meet the Customer's
<br />requir'cments or will operate in the combinations which may be
<br />selected fOf use by the Customer, or that the operation of the
<br />licen;:;od program 1;'11111 be uninterrupted or error free or that all
<br />progr<lm defects will be corrected
<br />All other licensed progr-arns 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 tMPLlED, INCLUDING.
<br />BUT NOT LIMITED TO, THE IMPLlEO WARRANTIES OF
<br />MERCHANTABILITY AND FITNESS FOR A PARTICULAR
<br />PURPOSE.
<br />
<br />SPECIFIEO OPERATING ENVIRONMENT
<br />Each licensed progrilm is designed to operate on one or more
<br />mM mQchine types {lnd, In most instances, in conjunction win,
<br />other IBM equipment <'l.nd programs. The Licensed Program
<br />Specifications for e3ch warranted licensed program will state the
<br />p.nvironment in which the licensed program is designed to
<br />operate. For licensed programs distributed on an "As Is" basis, thE';
<br />Specified Opmatinq Environment will be stated in a notice of
<br />availability of the licensed progri:lm.
<br />Progr,lm services for a licensed program used in other than Cl
<br />SpeCified Operating Elwlronmcnt are subject to Ilmitation~,
<br />occasioned by the ddferences between the Specified Operating
<br />Environment and the Customer's operating environment and by
<br />the extent of the loc;]1 IBM r'cpresentative's knowledge oj the
<br />Customer's equipment and programs. Such program services wil!
<br />be subject to the follOWing conditions:
<br />1) When performing Local Service or Local Assistance, IBM's ob-
<br />ligation is limited to having the local IBM representative apply 3
<br />reasonable effort to provide program services as described In
<br />the applicable portion of Hle section entitled "Program Ser~
<br />vices." Furthermore, the local IBM representative will only hn
<br />expected to operate a machine designated in the SupplemeI
<br />if it was marketed or manufactured by IBM. IBM will have
<br />the right to charge for ,my additional effort required to perform
<br />these progmm services
<br />2) Central Service will only respond to defects which will occur
<br />when Central Service operates the iicensed program in c
<br />Specified Operating Environment
<br />
<br />RETURN OR OESTRUCTION OF L1CENSEO PROGRAM
<br />MATERIALS
<br />Within one month after the d<lte of discontinuAnce of any
<br />license granted hemunder, unless the requirement is waived by
<br />IBM, the Customer will furnish to It3M a completed form entitled
<br />
<br />p{j(]{~ 10 Df 17
<br />
|