Common use of IBM SaaS Clause in Contracts

IBM SaaS. Government Customer agrees that IBM is not providing it with access to the Internet in order to use IBM SaaS and that Government Customer remains responsible for Internet access. Government Customer acknowledges that International Business Machines Corporation and its subsidiaries (1) do not control the transfer of data over telecommunications facilities, including the Internet, and (2) in a public Internet environment cannot commit to particular confidentiality obligations. The exchange of any confidential information made under a separate, signed confidentiality agreement, pursuant to 1.14.5b of this Agreement, does not apply to Content. IBM assumes no confidentiality obligations regarding Content, notwithstanding the terms of any separate confidentiality agreement between the Government Customer and IBM.