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<br />on another date specified in a Transaction Document. IBM will inform you of the duration of the ICA Program's testing
<br />period.
<br />
<br />IBM does not provide testing periods for OSLO copies.
<br />
<br />4.5 Program Services
<br />IBM provides Program Services for warranted ICA Programs. If IBM can reproduce your reported problem in the
<br />Specified Operating Environment, IBM will issue defect correction information, a restriction, or a bypass. IBM provides
<br />Program Services for only the unmodified portion of a current release of an ICA Program.
<br />
<br />IBM provides Program Services 1) on an on-going basis (with at least six months' written notice before IBM terminates
<br />Program Services), 2) until the date IBM specifies, or 3) for a period IBM specifies.
<br />
<br />4.6 License Termination
<br />You may terminate the license for an ICA Program on one month's written notice, or at any time during the ICA Pro-
<br />gram's testing period.
<br />
<br />Licenses for certain replacement ICA Programs may be obtained for an upgrade charge. When you obtain licenses for
<br />these replacement ICA Programs, you agree to terminate the license of the replaced ICA Programs when charges be-
<br />come due, unless IBM specifies otherwise,
<br />
<br />IBM may terminate your license if you fail to comply with the license terms. If IBM does so, your authorization to use
<br />the ICA Program is also terminated.
<br />
<br />You agree to promptly destroy all copies of the Program after either party has terminated the license.
<br />
<br />Part 5 - Services
<br />
<br />5.1 Personnel
<br />Each of us is responsible for the supervision, direction, control, and compensation of our respective personnel.
<br />
<br />IBM reserves the right to determine the assignment of its personnel.
<br />
<br />IBM may subcontract a Service, or any part of it, to subcontractors selected by IBM.
<br />
<br />5.2 Materials Ownership and License
<br />IBM will specify Materials to be delivered to you, IBM will identify them as being "Type I Materials," "Type II Materials,"
<br />or otherwise as we both agree, If not specified, Materials will be considered Type II Materials.
<br />
<br />Type I Materials are those, created during the Service performance period, in which you will have all right, title, and in-
<br />terest (including ownership of copyright). IBM will retain one copy of the Materials. You grant IBM 1) an irrevocable,
<br />nonexclusive, worldwide, paid-up license to use, execute, reproduce, display, perform, distribute (internally and exter-
<br />nally) copies of, and prepare derivative works based on, Type I Materials and 2) the right to authorize others to do any
<br />of the former.
<br />
<br />Type II Materials are those, created during the Service performance periOd or otherwise (such as those that preexist
<br />the Service), in which IBM or third parties have all right, title, and interest (including ownership of copyright). IBM will
<br />deliver one copy of the specified Materials to you. IBM grants you an irrevocable, nonexclusive, worldwide, paid-up li-
<br />cense to use, execute, reproduce, display, perform, and distribute, within your Enterprise only, copies of Type II Mate-
<br />rials,
<br />
<br />Each of us agrees to reproduce the copyright notice and any other legend of ownership on any copies made under the
<br />licenses granted in this section.
<br />
<br />5.3 Service for Machines (during and after warranty)
<br />IBM provides certain types of Service to keep Machines in, or restore them to, conformance with their Specifications,
<br />IBM will inform you of the available types of Service for a Machine. At its discretion, IBM will 1) either repair or ex-
<br />change the failing Machine and 2) provide the Service either at your location or a service center.
<br />
<br />When the type of Service requires that you deliver the failing Machine to IBM, you agree to ship it suitably packaged
<br />(prepaid unless IBM speCifies otherwise) to a location IBM designates. After IBM has repaired or exchanged the Ma-
<br />chine, IBM will return it to you at its expense unless IBM specifies otherwise, IBM is responsible for loss of, or damage
<br />to, your Machine while it is 1 )in I BM's possession or 2) in transit in those cases where I BM is responsible for the trans-
<br />portation charges.
<br />
<br />Any feature, conversion, or upgrade IBM services must be installed on a Machine which is 1) for certain Machines, the
<br />designated, serial-numbered Machine and 2) at an engineering-change level compatible with the feature, conversion,
<br />or upgrade.
<br />
<br />IBM manages and installs selected engineering changes that apply to IBM Machines and may also perform preventive
<br />maintenance,
<br />
<br />You agree to:
<br />1. obtain authorization from the owner to have IBM service a Machine that you do not own; and
<br />2. where applicable, before IBM provides Service--
<br />a. follow the problem determination, problem analysis, and service request procedures that IBM provides,
<br />b. secure all programs, data, and funds contained in a Machine, and
<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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