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<br /> 1) attempt to correct or bypass the defect by providing the Cus- The Customer will maintain records of the number and I()C~
<br /> tamer with correction information issued by Central Service, of a!1 copies of lic.ensed program materials and will notify IB~'
<br /> if available; or writing If the original or any copy of the licensed progra~
<br /> 2) submit documentation to Central Service, if specified as avail- materials will be kept at an installation (or location, when IBM has
<br /> able; and, in any eYent specified "Location License Applies") other than that of the
<br /> 3) if the licensed program is inoperable, make a reasonable machine designated in the applicable Supplement.
<br /> The Customer will insure, prior to disposing of any media. that
<br /> attempt to resolve the problem by applying a local fix or any licensed program materials contained thereon have been
<br /> providing a bypass. erased or otherwise destroyed.
<br /> Local Assistance-When Local Assistance is specified and the The Customer will not provide or otherwise make available an
<br /> Customer encounters a problem, which the Customer's diagnosis licensed program materials in any form without I BM's prior writte
<br /> indicates is caused by a defect in the unaltered portion of a current consent except to Customer employees or IBM employees, or t,
<br /> release of the licensed program, the Customer may request IBM other persons during the period such other persons are on th
<br /> assistance in resolving the problem. Such assistance, if requested, Customer's premises, for purposes specifically related to the
<br /> will be provided by an IBM representative and may be subject to Customer's authorized use of the licensed program.
<br /> the availability of personnel. This assistance may include, but not
<br /> extend beyond, the following problem resolution activities: LICENSED PROGRAM SPECIFICATIONS
<br /> 1) attempting to correct or bypass the defect by providing the For each licensed program which is warranted, IBM will publish,
<br /> Customer with correction information issued by Central Ser- at the time that licensed program becomes generally available, a
<br /> vice, IT available; or document entitled "Licensed Program Specifications." Such
<br /> 2) assisting the Customer with preparing documentation for Licensed Program Specifications may be updated by IBM from
<br /> submission to Central Service, if specified as available; and, time to time and such updates may constitute a change in
<br /> in any event specifications.
<br /> 3) if the licensed program is inoperable, making a reasonable
<br /> attempt to resolve the problem by applying a local fix or provid- WARRANTY
<br /> ing a bypass. Each licensed program which is specified in the Supplement as
<br /> Program Semces Duration warranted will conform, when shipped to the Customer, to the
<br /> Licensed Program Specifications which are in effect for that
<br /> For each licensed program the types of program service licensed program at that time, provided the licensed program is
<br /> provided wiU be specified as available: properly used in a Specified Operating Environment. If the
<br /> 1) until discontinued by IBM with a minimum of six months' Wrlt- Customer believes there is a defect in a licensed program such
<br /> ten notice: or that it does not meet its Licensed Program Specifications, the
<br /> 2) until a designated calendar date: or Customer must notify IBM while program services are available
<br /> 3) during the testing period; or for the program. IBM does not warrant that the functions con-
<br /> 4) for a des~nated number of months for each license. In the tained in a licensed program will meet the Customer's
<br /> event the ustomer discontinues a licensed program and sub- requirements or will operate in the combinations which may be
<br /> sequently reorders it for the same installation (or location, selected for use by the Customer. or that the operation of the
<br /> ~ when IBM has specified "Location License Applies"). the licensed program will be uninterrupted or error free or that all
<br /> service duration then in effect will be reduced by the number program defects will be corrected.
<br /> of months for which such service was previously provided. All other licensed programs will be distributed on an "As Is"
<br /> When a subsequent release of a licensed program which has the basis without warranty of any kind either express or implied.
<br /> same program number becomes available, IBM may discontinue THE FOREGOING WARRANTIES ARE IN LIEU OF ALL
<br /> program services for any or all prior releases by notice effective on OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
<br /> the date stated therein. BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
<br /> For any licensed program, IBM shall have the fight to charge for MERCHANTABILITY AND FITNESS FOR A PARTICULAR
<br /> any of the foregoing program services to the extent they are not PURPOSE.
<br /> specified as provided without additional charge. Other types of
<br /> program services may be specified by 18M. SPECIFIED OPERATING ENVIRONMENT
<br /> IBM shall also have the right to charge for any additional effort Each licensed program is designed to operate on one or more
<br /> which results from providing program services for an altered IBM machine types and, in most instances, in conjunction with
<br /> licensed program or for a release which is not current. other IBM equipment and programs. The Licensed Program
<br /> IBM does not guarantee service results or represent or warrant Specifications for each warranted licensed program will state the
<br /> that all errors or program defects will be corrected. environment in which the licensed program is designed to
<br /> operate. For licensed programs distributed on an "As Is" basis. the
<br /> PERMISSION TO MODIFY Specified Operating Environment will be stated in a notice of
<br /> The Customer may modify any licensed program materials in availability of the licensed program.
<br /> machine readable form and/or merge such materials into other Program services for a licensed program used in other than a
<br /> program material to form an updated work for the Customer's own Specified Operating Environment are subject to limitations
<br /> use; provided that, upon discontinuance of the licensed program, occasioned by the differences between the Specified Operating
<br /> the licensed program materials will be completely removed from Environment and the Customer's operating environment and by
<br /> the updated work and dealt with under this Agreement as if the extent of the local IBM representative's knowledge of the
<br /> permission to modify or merge had never been granted. Any Customer's equipment and programs. Such program services will
<br /> portion of the licensed program materials included in such an be subject to the following conditions:
<br /> updated work will continue to be subject to all terms of this 1) When performing Local Service or Local Assistance, 18M's ob-
<br /> Agreement ligation is limited to having the local IBM representative apply a
<br /> reasonable effort to provide program services as described in
<br /> PROTECTION AND SECURITY OF LICENSED PROGRAM the applicable portion of the section entitled "Program Ser-
<br /> MATERIALS vices." Furthermore, the local IBM representative will only be
<br /> The Customer will take appropriate action, by instruction, expected to operate a machine designated in the Supplement
<br /> agreement or otherwise, with any persons permitted access to if it was marketed or manufactured by 18M. IBM will have
<br /> licensed program materials so as to enable the Customer to satisfy the right to charge for any additional effort required to perform
<br /> the Customer's obligation under this Agreement. these program services.
<br /> AI! copies of licensed program materials provided by IBM or 2) Central Service will only respond to defects which will occur
<br /> made by the Customer including translations or compilations or when Central Service operates the licensed program in a
<br /> partial copies within modifications, derivative works, and updated Specified Operating Environment.
<br /> wor\(s are the property of IBM and may not be distributed by the DESTRUCTION OF
<br /> Customer to any other persons, including other licensees of the RETURN OR LICENSED PROGRAM
<br /> licensed program. without IBM's prior written consent. The MATERIALS
<br /> Customer will reproduce and include the copyright notice on Within one month after the date of discontinuance of any
<br /> any such copies made by the Customer in accordance with the license granted hereunder, unless the requirement is waived by
<br /> copyright instructions provided by IBM. 18M, the Customer will furnish to IBM a completed form entitled
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