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<br />IBM Customer Agreement
<br />Part - General
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<br />1.1 Definitions
<br />Customer-set-up Machine is an IBM Machine that you install according to IBM's instructions,
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<br />Date of Installation is the following:
<br />1. for an IBM Machine that IBM is responsible for installing, the business day after the day IBM installs it or, if you de-
<br />fer installation, makes it available to you for subsequent installation by IBM;
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<br />2, for a Customer-set-up Machine and a non-IBM Machine, the second business day after the Machine's standard
<br />transit allowance period; and
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<br />3. for a Program --
<br />a. basic license, the later of the following:
<br />(i) the day after its testing period ends; or
<br />(ii) the second business day after the Program's standard transit allowance period,
<br />b. copy, the date (specified in a Transaction Document) on which IBM authorizes you to make a copy of the Pro-
<br />gram, and
<br />C. chargeable component, the date you distribute a copy of the chargeable component in support of your author-
<br />ized use of the Program,
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<br />Designated Machine is either 1) the machine on which you will use an ICA Program for processing and which IBM re-
<br />quires you to identify to it by type/model and serial number, or 2) any machine on which you use the ICA Program if
<br />IBM does not require you to provide this identification.
<br />
<br />Enterprise is any legal entity (such as a corporation) and the subsidiaries it owns by more than 50 percent. The term
<br />"Enterprise" applies only to the portion of the Enterprise located in the United States.
<br />
<br />ICA Program is an IBM Program licensed under Part 4 of this Agreement.
<br />
<br />Licensed Internal Code (called "L1C") is Machine Code used by certain Machines IBM specifies (called "Specific Ma-
<br />chines"),
<br />
<br />Machine is a machine, its features, conversions, upgrades, elements, or accessories, or any combination of them. The
<br />term "Machine" includes an IBM Machine and any non-IBM Machine (including other equipment) that IBM may provide
<br />to you.
<br />
<br />Machine Code is microcode, basic input/output system code (called "BIOS"), utility programs, device drivers, and di-
<br />agnostics delivered with an IBM Machine.
<br />
<br />Materials are literary works or other works of authorship (such as programs, program listings, programming tools,
<br />documentation, reports, drawings and similar works) that IBM may deliver to you as part of a Service. The term "Mate-
<br />rials" does not include Programs, Machine Code, or L1C,
<br />
<br />Non-IBM Program is a Program licensed under a separate third party license agreement.
<br />
<br />Other IBM Program is an IBM Program licensed under a separate IBM license agreement, e.g., IBM International
<br />Program License Agreement.
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<br />Product is a Machine or a Program.
<br />
<br />Program is the following, including the original and all whole or partial copies:
<br />1. machine-readable instructions and data;
<br />2. components;
<br />3. audio-visual content (such as images, text, recordings, or pictures); and
<br />4, related licensed materials.
<br />
<br />The term "Program" includes any ICA Program, Other IBM Program, or Non-IBM Program that IBM may provide to you,
<br />The term does not include Machine Code, L1C, or Materials,
<br />
<br />Service is performance of a task, provision of advice and counsel, assistance, support, or access to a resource (such
<br />as access to an information database) IBM makes available to you.
<br />
<br />Specifications is a document that provides information specific to a Product. IBM provides an IBM Machine's Specifi-
<br />cations in a document entitled "Official Published Specifications" and an ICA Program's Specifications in a document
<br />entitled "Licensed Program Specifications,"
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<br />Specified Operating Environment is the Machines and programs with which an ICA Program is designed to operate,
<br />as described in the ICA Program's Specifications,
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<br />1.2 Agreement Structure
<br />IBM provides additional terms for Products and Services in documents called "Attachments" and "Transaction Docu-
<br />ments" which are also part of this Agreement. All transactions have one or more associated Transaction Documents
<br />(such as an invoice, supplement, schedule, exhibit, statement of work, change authorization, or addendum).
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<br />City of Sunny Isles Beach, Florida IBM Customer Agreement 07-2006.doc
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<br />SIB
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