|
<br />a) use the licensed program materials ir :hine readable form
<br />on the machine or machines (herL ..fter referred to as
<br />"machine") designated in an applicable Supplement for such
<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 program materials in printed form in sup-
<br />port of the use of the I,icensed 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 />I BM at the charges then In effect
<br />With respect to restricted materials, the authorizations granted
<br />under the preceding paragraphs of thiS section are limited solely
<br />to the following purposes:
<br />a) making modifications to the Customer's products and/or pro-
<br />grams so that they will functIon With the licensed progrmns to
<br />which the restricted materials apply:
<br />b) making modifications, subject to the provisions of the section
<br />entitled "Permission to Modify," to the licensed programs 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 the
<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 that is a data base, the license granted
<br />in this section is further limited to permit access to such data base
<br />exclusively by the Customer, Except as provided in the section
<br />entitled --Protection and Security of Licensed Program Materials,--
<br />the Customer shall not make or permit any manner of access to
<br />any form of such data base, or part thereof, for the purpose of
<br />making available to any other person any data contallled in such
<br />data base.
<br />The Customer shall not use, print, copy, translate or display
<br />the licensed program materials, in whole or in part, unless ex-
<br />pressly authorized in this Agreement.
<br />The Customer shall not reverse Cl55emble or reverse compile 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 jf 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 writmg by IBM.
<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 forth in the form entitled
<br />
<br />n Designated Machine" furnished to the
<br />
<br />"Confirmation of Cha
<br />Customer by IBM.
<br />
<br />Additional Licenses
<br />Each additional license for licensed program materials already
<br />licensed by the Customer under this Agreement must be ordered
<br />as 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 which designates the Effective
<br />Date for Additional License requested by the Customer. The
<br />testing period, if any, for such additional license will commence
<br />on the Effective D<1t(~ for Additional License. Pemllssion to copy
<br />granted In this subsectlon 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 inItial license (F1asic LicPllsE:) may be obtained for a OSLO
<br />ch,nge, When ordenng additional licenses for such a licensed
<br />program, the Customer must designate whether an additional
<br />Basic or OSLO License is requested. For e8ch OSLO License, the
<br />Customer will:
<br />1) copy thuse licensed program materials previously distributed
<br />in machine readable form to the Customer by IBM under the
<br />Basic License and use such copies on the machine designated
<br />in the Supplement;
<br />2) provide problem documentation to IBM through the location of
<br />the Basic License:
<br />3) at IBM's request, recreate any problems at the location of the
<br />Basic License, if Local Service or Local Assistance as speci-
<br />fied by IBM is available for the Basic License; and
<br />4) distribute to, install and test on the OSLO designated machine
<br />any new releClse, correction or bypass prOVIded by IBM to the
<br />Basic License deSignated machine
<br />Program services and the warranty, if any, for the licensed
<br />program will be prOVided for OSLO Licenses only through the
<br />Basic License location and there will be no testing period for the
<br />OSLO Licenses.
<br />Unless the CLlstomer destgnates another Basic License, notice
<br />of discontinuance of a Basic License shall be notice of
<br />discontinuance of all OSLO licenses for lhat Bastc License.
<br />
<br />CHARGES
<br />The ch,lr~Jf:s npplicilble to eactl IICCflSf)d 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 any
<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 />specified 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 IBM, one-time charges, initial
<br />charges, upgrade charges and licensed optional materials
<br />charges will be due on the day, Monday through Friday, following
<br />tl18 end of the testing period, or 10 days after shipment of thE)
<br />licensed program rnill()f1als by 10M if t11ere IS no testing period or if
<br />Page 8 01 17
<br />
|