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<br /> a} use the licensed program matenals in machine readable form "Confirmation of Change In Designated Machine" furnished to"
<br /> on the machine or machines (hereinafter referred to as Customer by IBM.
<br /> "machine") designated in an applicable Supplement for such
<br /> licensed program materials and in conjunction therewith to Additional Licenses
<br /> store the licensed program materials in, transmit them Each additional license for licensed program materials already
<br /> through, or display them on, units associated with such desig- licensed by the Customer under this Agreement must be ordered
<br /> nated machine; as described herein.
<br /> b) utilize the licensed program materials in printed form In sup- For additional licenses, in lieu of distribution from IBM, the
<br /> port of the use of the licensed program; and/or Customer may elect to copy those licensed program materials
<br /> c) copy or translate the licensed program materials in machine previously distributed to that Customer by IBM in mac ~
<br /> readable form into any machine readable or printed form to readable form. The Customer may make such copy upon re( t
<br /> provide sufficient copies to support the Customer's use of of a Supplement issued by IBM which designates the Effe ~
<br /> the licensed program as authorized under this Agreement. Date for Additional License requested by the Customer. ~
<br /> Licensed program materials provided by IBM in printed form, testing period, if any, for such additional license will commence
<br /> microfiche or other non-machine readable form may not be on the Effective Date for Additional License. Permission to copy
<br /> copied. Additional copies may be obtained under license from granted in this subsection does not apply to licensed program
<br /> IBM at the charges then in effect. materials provided by IBM in printed form.
<br /> With respect to restricted materials, the authorizations granted For certain licensed programs, IBM may offer the Distributed
<br /> under the preceding paragraphs of this section are limited solely Systems License Option (OSLO) under which licenses in addition
<br /> to the following purposes: to the initial license (BasIc License) may be obtained for a OSLO
<br /> a} making modifications to the Customer's products and/or pro- charge. When ordering additional licenses for such a licensed
<br /> grams so that theywill function with the licensed programs to program, the Customer must designate whether an additional
<br /> which the restricted materials apply; Basic or OSLO License is requested. For each OSLO License, the
<br /> b) making modifications, subject to the provisions of the section Customer will:
<br /> entitled "Permission to Modify," to the licensed programs to 1} copy those licensed program materials previously distributed
<br /> which the restricted materials apply; and/or in machine readable form to the Customer by IBM under the
<br /> c} assisting the Customer in problem determination, problem Basic License and use such copies on the machine designated
<br /> source identification and/or problem resolution activities in the Supplement:
<br /> associated with the use of the licensed programs to which the 2) provide problem documentation to IBM through the location of
<br /> restricted materials apply. the BasIc License:
<br /> A separate license is required for each machine on which any 3) at IBM's request, recreate any problems at the location of the
<br /> licensed program materials will be used, except as provided in the Basic License, if Local Service or Local Assistance as specI-
<br /> subsections entitled "Temporary License Transfer," "Installation tied by IBM is available for the BasIc License: and
<br /> License" and "Location License." 4) distribute to. install and test on the OSLO designated machine
<br /> For any licensed program that is a data base, the license granted any new release, correction or bypass provided by IBM to the
<br /> In this section is further limited to permit access to such data base Basic License designated machine.
<br /> exclusively by the Customer Except as provided in the section Program services and the warranty, if any, for the licensed
<br /> entitled "Protection and Security of Licensed Program Matenals." program will be provided tor OSLO Licenses only through the
<br /> the Customer shall not make or permit any manner of access to BasIc License location and there will be no testing period for the
<br /> any form of such data base, or part thereof, for the purpose of OSLO Licenses.
<br /> making available to any other person any data contained in such Unless the Customer designates another Basic License, notice
<br /> data base. of discontinuance of a Basic License shall be notice of
<br /> The Customer shall not use, print. copy. translate or display discontinuance of all OSLO licenses for that BasIc License.
<br /> the licensed program materials, in whole or in part. unless ex-
<br /> pressly authorized in this Agreement CHARGES
<br /> The Customer shall not reverse assemble or reverse compile the The charges applicable to each licensed program will
<br /> licensed programs in whole or in part specified by I BM and will conSist of a one-time charge, an upgr,
<br /> Temporary License Transfer charge. periOdic charges. and any initial charge and/or any
<br /> process charge.
<br /> The Customer is authorized to transfer the license to and use Periodic charges. which may be monthly, quarterly, semi-
<br /> the licensed program materials on: annual or annual. will continue until the licensed program is
<br /> 1} a backup machine when the designated machine or an asso- discontinued. However. for certain licensed programs, IBM may
<br /> ciated unit required for use of the licensed program is tempo- specify a consecutive number of payments after which further
<br /> rarily inoperable until operable status is restored and process- periodic charges will be waived
<br /> il1g on the backup machine is completed; or For certain licensed programs. IBM may designate one or more
<br /> 2) another machine for assembly or compilation of the licensed replacement licensed programs. When a licensed program is
<br /> program materials if the designated machine and its asso- discontinued and replaced by the Customer with an IBM
<br /> ciated units do not provide the configuration required for as- designated replacement licensed program an upgrade charge as
<br /> sembly or compilation. specified by IBM will apply.
<br /> Installation License Licensed optional materials may be subject to a charge as
<br /> When IBM specifies "Installation License Applies" the specified by IBM.
<br /> Customer is also authorized to use the licensed program materials Any additional charges for program services for licensed
<br /> on any other machine in the same installation as the designated programs wilt be at IBM's then applicable hourly service rates and
<br /> machine. For purposes of this Agreement, "same installation" minimum charges and such services will be provided under the
<br /> shall mean a single room or contiguous rooms unless otherwise terms and conditions of this Agreement unless provided under
<br /> agreed to in writing by IBM. separate written agreement signed by the Customer and IBM.
<br /> Location License Commencement and Invoicing of Charges
<br /> When IBM specifies "Location License Applies" the Customer is Periodic charges will commence on the day, Monday through
<br /> also authorized to use the licensed program materials on any Friday, following the end of the testing period, or 10 days after
<br /> other machine in the same location as the designated machine. shipment of the licensed program by IBM if there is no testing
<br /> For purposes of this Agreement, "same location" shall mean a period, except as set forth below in this subsection, Monthly
<br /> single physical Customer location designated by a single mailing charges for a partial month's use will be prorated based on a thirty-
<br /> address and contained within a single building unless otherwise day month. Other periodic charges will not be prorated and are
<br /> agreed to in writing by IBM, not refundable in whole or in part, Periodic charges will be
<br /> invoiced in advance.
<br /> Change In Designated Machine Unless otherwise specified by IBM, one-time charges, initial
<br /> The Customer may notify IBM of the Customer's intention to charges, upgrade charges and licensed optional materia'-
<br /> change the designation of the machine on which licensed charges will be due on the day, Monday through Friday, followir
<br /> program materials are to be used. The change of designatio~ will the end of the testing period, or 10 days after shipment of It
<br /> be effective upon the date set forth In the form entitled licensed program materials by IBM if there is no testing period or
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