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<br /> such period has expired. except as set forth below in this for productive use and/or test on the designated machine while
<br /> subsection. the Customer continues productive use of a previous release on
<br /> For additional licenses for which the Customer has made copies that machine and pays applicable charges therefor. The Customer
<br /> pursuant to the subsection entitled "Additional Licenses" and for has the right to decide whether to intall any such releases or
<br /> which there is no testing period, periodic charges will commence continue use of a previous release having given due regard to the
<br /> and other charges will be due upon the Effective Date for provisions of the section entitled "Program Services."
<br /> Additional License designated in the Supplement. In the event of discontinuance of a licensed program and
<br /> Process charges will be due upon receipt by the Customer of subsequent reoreering of the same licensed program for the same
<br /> Ie licensed pro~ram materials to which such charges apply and installation (or location, when IBM has specified "location
<br /> 'e not refundab e even if the Customer discontinues the licensed License Applies"), there will be no testing period for the
<br /> 'ogram prior to or during the testing period. subsequent license.
<br /> Payment will be made as stated in the invoice.
<br /> Applicable Taxes RISK OF LOSS
<br /> If licensed program materials are lost or damaged during
<br /> In addition to the charges due under this Agreement. the shipment from IBM, IBM will replace such licensed program
<br /> Customer agrees to pay amounts equal to any taxes resulting materials and program storage media at no additional charge to
<br /> from this Agreement, or any activities hereunder, exclusive of the Customer.
<br /> taxes based on JBM's net income. If licensed program materials are lost or damaged while in the
<br /> Price Changes possession of the Customer, IBM will replace such licensed
<br /> program materials at the applicable charges, if any, for
<br /> Periodic charges are subject to change by IBM upon three processing, distribution, and/or program storage media.
<br /> months' written notice to the Customer. Any changes in periodic
<br /> charges become effective on tht; first day of the Period which EARLY SHIPMENT OF LICENSED PRINTED MATERIALS
<br /> commences on or after the effective date specified in the notice. When the Customer has received a Supplement issued by IBM
<br /> Initial charges, one-time charges, process or upgrade charges, for a generally available licensed program, licensed program
<br /> and charges for licensed optional materials are subject to change materials which are provided by IBM in printed form will, upon
<br /> without prior notice except that such charges shall not be Customer request, be shipped to the Customer up to six months
<br /> increased if, prior to the date of the notice, 1) the licensed program prior to shipment of the machine readable portion of the licensed
<br /> materials had been shipped by IBM, or 2) the Customer had program materials. The licensed printed materials, thus provided,
<br /> copied licensed program materials pursuant to the subsection may not be copied in any form for any purpose.
<br /> entitled "Additional Licenses." In addition, if the Customer's If the Customer does not request that the machine readable
<br /> written order was received by IBM prior to the announcement of portion of the licensed program materials be shipped within six
<br /> such increase in charges, such charges shall not be increased if, months following the date of shipment of the licensed printed
<br /> within one month after the date of notice, shIpment of the licensed materials. the Customer will discontinue the license and return or
<br /> program materials occurs or the Customer copies licensed destroy the printed materials.
<br /> program materials pursuant to the subsection entitled "Additional The charge for early shipment of licensed printed materials will
<br /> Licenses." consist of any applicable process charges.
<br /> If charges are increased for any licensed program materials. the Program services. If any. will not be provided prior to shipment
<br /> Customer may discontinue them in accordance with the of the machine readable portion of the licensed program
<br /> provisions of this Agreement: otherwise, the new charges will materials.
<br /> become effective.
<br /> PROGRAM SERVICES
<br /> 3HIPMENT For each licensed program. IBM will specify the types and
<br /> The Estimated Shipment Date for licensed programs will be durations of program serVices, if any, to be provided without
<br /> ;pecified by IBM. However, IBM does not represent or warrant additional charge for a current release of the licensed program.
<br /> .hat such shipment date will be met. Program services will commence at the beginning of the licensed
<br /> IBM will notify the Customer of the type of program storage program testing period or. if there is no testing penod for that
<br /> media required for shipment. Unless returnable or disposable license. when periodic charges commence or other charges are
<br /> media are used, the program storage media must be provided by due. Program services will be subject to the provisions of the
<br /> the Customer or ordered from IBM at the applicable charge. section entitled "Specified Operating Environment."
<br /> Except when otherwise specified by IBM, licensed program ma- Types of Service
<br /> terials will be shipped to the Customer without shipping charge.
<br /> Any special shipment requested by the Customer will be at Central Service - When Central Service is specified one or
<br /> Customer expense. more service locations will be designated which will accept
<br /> documentation, in a format prescribed by IBM, indicating that a
<br /> LICENSED PROGRAM TESTING problem is caused by a defect in the licensed program. Centra!
<br /> For each licensed program IBM will specify the testing period. if Service will respond to a defect in the unaltered portion of a
<br /> any, during which the licensed program will be made available for current release of the licensed program by issuing: defect
<br /> nonproductive use. The purpose of the testing period is to permit correction information such as correction documentation, cor-
<br /> the Customer to determine whether the licensed program rected code, or notice of availability of corrected code; or a
<br /> functions selected by the Customer operate together and to assist restriction or a bypass. Unless Local Service is also specified for
<br /> the Customer in determining whether the licensed program meets the licensed program. the Customer will be responsible for the
<br /> the Customer's requirements. The testing period will begin 10 preparation and submission of documentation to Central Service.
<br /> days after shipment of the licensed program by I BM or on the IBM may also establish a center (Support Center) to provide the
<br /> Effective Date for Additional License. unless otherwise specified. Customer with telephone assistance in problem diagnosis and
<br /> The Customer may discontinue the licensed program, upon resolution. When a Support Center is established for a licensed
<br /> written notice effective immediately, atany time during the testing program and a problem occurs which the Customer believes is
<br /> period, in which event periodic charges, one-time charges, Initial related to the use of a licensed program, the Customer will contact
<br /> charges, upgrade charges and licensed optional materials the Support Center and will perform appropriate problem
<br /> charges will not be due. However, process charges will be definition activities and remedial actions, as prescribed by the
<br /> payable. Unless such notice of discontinuance is given, the Support Center, prior to any dispatch of an IBM representative.
<br /> Customer will be deemed, at the end of the testing period. to have IBM also offers other services through Support Centers with or
<br /> decided to retain the licensed program under the provisions of this without charge, as applicable.
<br /> Agreement. Local Service-When Local Service is specified and a problem
<br /> In the event that the licensed program is used for productive occurs which the Customer determines is caused by the use of a
<br /> purposes during the testing penod, the Customer will notify IBM licensed program and the diagnosis of the IBM representative
<br /> and the testing period will be deemed to have ended as ofthe date indicates the problem is caused by a defect in the unaltered
<br /> upon which the Customer commences productive use. portion of a current release of the licensed program, the IBM
<br /> Subsequent releases, if any, of a licensed program which have representative will perform the following problem resolution
<br /> the same program number will be made available to the Customer activities:
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