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<br />property) to IBM. You further represent that all removed parts are genuine, unaltered, and in good working order. A
<br />part that replaces a removed part will assume the warranty or maintenance Service status of the replaced part. You
<br />agree to allow IBM to install the feature, conversion, or upgrade within 30 days of its delivery. Otherwise, IBM may
<br />terminate the transaction and you must return the feature, conversion, or upgrade to IBM at your expense.
<br />
<br />3.4 Machine Code and L1C
<br />Machine Code is licensed under the terms of the agreement provided with the Machine Code. Machine Code is li-
<br />censed only for use to enable a Machine to function in accordance with its Specifications and only for the capacity and
<br />capability for which you are authorized by IBM in writing and for which payment is received by IBM,
<br />
<br />Certain Machines IBM specifies (called "Specific Machines") use L1C. IBM will identify Specific Machines in a Transac-
<br />tion Document. International Business Machines Corporation, one of its subsidiaries, or a third party owns L1C includ-
<br />ing all copyrights in L1C and all copies of L1C (this includes the original L1C, copies of the original L1C, and copies made
<br />from copies). L1C is copyrighted and licensed (not sold). L1C is licensed under the terms of the agreement provided
<br />with the L1C. L1C is licensed only for use to enable a Machine to function in accordance with its Specifications and only
<br />for the capacity and capability for which you are authorized by IBM in writing and for which payment is received by IBM,
<br />
<br />Part 4 - leA Programs
<br />
<br />4.1 License
<br />When IBM accepts your order, IBM grants you a nonexclusive, nontransferable license to use the ICA Program in the
<br />United States. ICA Programs are owned by International Business Machines Corporation, one of its subsidiaries, or a
<br />third party and are copyrighted and licensed (not sold).
<br />
<br />Authorized Use
<br />Under each license, IBM authorizes you to:
<br />1. use the ICA Program's machine-readable portion on only the Designated Machine. If the Designated Machine is
<br />inoperable, you may use another machine temporarily. If the Designated Machine cannot assemble or compile the
<br />ICA Program, you may assemble or compile the ICA Program on another machine.
<br />If you change a Designated Machine previously identified to IBM, you agree to notify IBM of the change and its ef-
<br />fective date;
<br />2. use the ICA Program to the extent of authorizations you have obtained;
<br />3. make and install copies of the ICA Program, to support the level of use authorized, provided you reproduce the
<br />copyright notices and any other legends of ownership on each copy or partial copy, and
<br />4. use any portion of the ICA Program IBM 1) provides in source form, or 2) marks restricted (for example, "Re-
<br />stricted Materials of IBM") only to --
<br />a, resolve problems related to the use of the ICA Program, and
<br />b. modify the ICA Program so that it will work together with other products.
<br />
<br />Your Additional Obligations
<br />For each ICA Program, you agree to:
<br />1, comply with any additional terms in its Specifications or a Transaction Document;
<br />2, ensure that anyone who uses it (accessed either locally or remotely) does so only for your authorized use and
<br />complies with IBM's terms regarding ICA Programs; and
<br />3, maintain a record of all copies and provide it to IBM at its request.
<br />
<br />Actions You May Not Take
<br />You agree not to:
<br />1, reverse assemble, reverse compile, or otherwise translate the ICA Program unless expressly permitted by applica-
<br />ble law without the possibility of contractual waiver; or
<br />2. sublicense, assign, rent, or lease the ICA Program,
<br />
<br />4.2 Program Components Not Used on the Designated Machine
<br />Some ICA Programs have components that are designed for use on machines other than the Designated Machine on
<br />which the ICA Program is used, You may make copies of a component and its documentation in support of your au-
<br />thorized use of the ICA Program. For a chargeable component, you agree to notify IBM of its Date of Installation.
<br />
<br />4.3 Distributed System License Option
<br />For some ICA Programs, you may make a copy under a Distributed System License Option (called a "DSLO" copy).
<br />IBM charges less for a DSLO copy than for the original license (called the "Basic" license). In return for the lesser
<br />charge, you agree to do the following while licensed under a DSLO:
<br />1, have a Basic license for the ICA Program;
<br />2. provide problem documentation and receive Program Services (if any) only through the location of the Basic li-
<br />cense; and
<br />3. distribute to, and install on, the DSLO's Designated Machine, any release, correction, or bypass that IBM provides
<br />for the Basic license,
<br />
<br />4.4 Program Testing
<br />IBM provides a testing period for certain ICA Programs to help you evaluate if they meet your needs. If IBM offers a
<br />testing period, it will start 1) the second business day after the ICA Program's standard transit allowance period, or 2)
<br />
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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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