Common use of Software Subscription and Support Clause in Contracts

Software Subscription and Support. a. For purposes of this Agreement, “software subscription and support” means both IBM Software Subscription and Support and Third Party Software Subscription and Support. IBM provides IBM Software Subscription and Support with each IBM Program licensed under the IPLA. IBM Software Subscription and Support is a single offering not available as separate components. IBM does not provide IBM Software Subscription and Support for (i) Non-IBM Programs or for (ii) Programs that are licensed under the IBM License Agreement for Non-Warranted Programs (together “Selected Programs”). b. IBM Software Subscription and Support begins on the date of acquisition and ends on the last day of the corresponding month in the following year, unless the date of acquisition is the first day of the month, in which case coverage ends on the last day of the prior month in the following year. c. While IBM Software Subscription and Support is in effect for an IBM Program license: (1) IBM will make available to Customer IBM Program defect corrections, restrictions, and bypasses, if any, that it develops. (2) IBM will make available to Customer and authorize Customer to use the most current commercially available version, release, or update, should any be made available. (3) IBM provides Customer assistance for Customer’s i) routine, short duration installation and usage (how-to) questions; and ii) code-related questions (together “Support”). Such Support for a particular version or release of an IBM Program is available only until IBM or the third party, as applicable, withdraws Support for that IBM Program’s version or release. When Support is withdrawn, Customer must upgrade to a supported version or release of the IBM Program in order to continue to receive Support. The IBM “Software Support Lifecycle” policy is available at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/software/info/supportlifecycle/ . (4) IBM provides Support via electronic access and, if available, telephone, only to Customer’s information systems (IS) technical support personnel during the normal business hours (published prime shift hours) of Customer’s IBM support center. (This assistance is not available to Customer’s end users.) IBM provides Severity 1 assistance 24 hours a day, every day of the year. Consult the IBM Software Support Handbook for details at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/software/support . (5) IBM may request that Customer allow it to remotely access Customer’s system to assist Customer in isolating the software problem cause. Customer remains responsible for adequately protecting Customer’s system and all data contained in it whenever IBM remotely accesses it with Customer’s permission. d. IBM Software Subscription and Support does not include assistance for 1) the design and development of applications, 2) Customer’s use of IBM Programs in other than their specified operating environment or 3) failures caused by products for which IBM is not responsible under this Agreement.

Software Subscription and Support. a. For purposes of this Agreement, “software subscription and support” means both IBM Software Subscription and Support and Third Party Software Subscription and Support. IBM provides IBM Software Subscription and Support with each IBM Program licensed under the IPLA. IBM Software Subscription and Support is a single offering not available as separate components. IBM does not provide IBM Software Subscription and Support for (i) Non-IBM Programs or for (ii) Programs that are licensed under the IBM License Agreement for Non-Warranted Programs (together “Selected Programs”). b. IBM Software Subscription and Support begins on the date of acquisition and ends on the last day of the corresponding month in the following year, unless the date of acquisition is the first day of the month, in which case coverage ends on the last day of the prior month in the following year. c. While IBM Software Subscription and Support is in effect for an IBM Program license: (1) IBM will make available to Customer IBM Program defect corrections, restrictions, and bypasses, if any, that it develops. (2) IBM will make available to Customer and authorize Customer to use the most current commercially available version, release, or update, should any be made available. (3) IBM provides Customer assistance for Customer’s i) routine, short duration installation and usage (how-to) questions; and ii) code-related questions (together “Support”). Such Support for a particular version or release of an IBM Program is available only until IBM or the third party, as applicable, withdraws Support for that IBM Program’s version or release. When Support is withdrawn, Customer must upgrade to a supported version or release of the IBM Program in order to continue to receive Support. The IBM “Software Support Lifecycle” policy is available at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/software/info/supportlifecycle/ . (4) IBM provides Support via electronic access and, if available, telephone, only to Customer’s information systems (IS) technical support personnel during the normal business hours (published prime shift hours) of Customer’s IBM support center. (This assistance is not available to Customer’s end users.) IBM provides Severity 1 assistance 24 hours a day, every day of the year. Consult the IBM Software Support Handbook for details at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/software/support . (5) IBM may request that Customer allow it to remotely access Customer’s system to assist Customer in isolating the software problem cause. Customer remains responsible for adequately protecting Customer’s system and all data contained in it whenever IBM remotely accesses it with Customer’s permission. d. IBM Software Subscription and Support does not include assistance for 1) the design and development of applications, 2) Customer’s use of IBM Programs in other than their specified operating environment or 3) failures caused by products for which IBM is not responsible under this Agreement. CUSTOMER SHALL NOT USE ANY OF THE IBM SOFTWARE SUBSCRIPTION AND SUPPORT BENEFITS SPECIFIED IN SUBSECTION C OF THIS SECTION 3.5, INCLUDING THE APPLICATION OR USE OF ANY FIXES, UPDATES, OR UPGRADES, FOR IBM PROGRAMS FOR WHICH CUSTOMER HAS NOT FULLY PAID IBM SOFTWARE SUBSCRIPTION AND SUPPORT. IF CUSTOMER USES ANY OF THESE BENEFITS FOR WHICH IT HAS NOT FULLY PAID, THEN CUSTOMER AGREES TO ACQUIRE IBM SOFTWARE SUBSCRIPTION AND SUPPORT REINSTATEMENT SUFFICIENT TO COVER ALL SUCH UNAUTHORIZED USE OF SUCH BENEFITS AT THEN CURRENT APPLICABLE IBM PRICES.

Software Subscription and Support. a. For purposes of this Agreement, “software subscription and support” means both IBM Software Subscription and Support and Third Party Software Subscription and Support. IBM provides IBM Software Subscription and Support with each IBM Program licensed under the IPLA. IBM Software Subscription and Support is a single offering not available as separate components. IBM does not provide IBM Software Subscription and Support for (i) Non-IBM Programs or for (ii) Programs that are licensed under the IBM License Agreement for Non-Warranted Programs (together “Selected Programs”). b. IBM Software Subscription and Support begins on the date of acquisition and ends on the last day of the corresponding month in the following year, unless the date of acquisition is the first day of the month, in which case coverage ends on the last day of the prior month in the following year. c. While IBM Software Subscription and Support is in effect for an IBM Program license: (1) IBM will make available to Customer IBM Program defect corrections, restrictions, and bypasses, if any, that it develops. (2) IBM will make available to Customer and authorize Customer to use the most current commercially available version, release, or update, should any be made available. (3) IBM provides Customer assistance for Customer’s Customer‟s i) routine, short duration installation and usage (how-to) questions; and ii) code-related questions (together “Support”). Such Support for a particular version or release of an IBM Program is available only until IBM or the third party, as applicable, withdraws Support for that IBM Program’s Program‟s version or release. When Support is withdrawn, Customer must upgrade to a supported version or release of the IBM Program in order to continue to receive Support. The IBM “Software Support Lifecycle” policy is available at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/software/info/supportlifecycle/ . (4) IBM provides Support via electronic access and, if available, telephone, only to Customer’s Customer‟s information systems (IS) technical support personnel during the normal business hours (published prime shift hours) of Customer’s Customer‟s IBM support center. (This assistance is not available to Customer’s Customer‟s end users.) IBM provides Severity 1 assistance 24 hours a day, every day of the year. Consult the IBM Software Support Handbook for details at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/software/support . (5) IBM may request that Customer allow it to remotely access Customer’s Customer‟s system to assist Customer in isolating the software problem cause. Customer remains responsible for adequately protecting Customer’s Customer‟s system and all data contained in it whenever IBM remotely accesses it with Customer’s Customer‟s permission. d. IBM Software Subscription and Support does not include assistance for 1) the design and development of applications, 2) Customer’s Customer‟s use of IBM Programs in other than their specified operating environment or 3) failures caused by products for which IBM is not responsible under this Agreement. CUSTOMER SHALL NOT USE ANY OF THE IBM SOFTWARE SUBSCRIPTION AND SUPPORT BENEFITS SPECIFIED IN SUBSECTION C OF THIS SECTION 3.5.1, INCLUDING THE APPLICATION OR USE OF ANY FIXES, UPDATES, OR UPGRADES, FOR IBM PROGRAMS FOR WHICH CUSTOMER HAS NOT FULLY PAID IBM SOFTWARE SUBSCRIPTION AND SUPPORT. IF CUSTOMER USES ANY OF THESE BENEFITS FOR WHICH IT HAS NOT FULLY PAID, THEN CUSTOMER AGREES TO ACQUIRE IBM SOFTWARE SUBSCRIPTION AND SUPPORT REINSTATEMENT SUFFICIENT TO COVER ALL SUCH UNAUTHORIZED USE OF SUCH BENEFITS AT THEN CURRENT APPLICABLE IBM PRICES.

Software Subscription and Support. a. For purposes of this Agreement, “software subscription and support” means both IBM Software Subscription and Support and Third Party Software Subscription and Support. IBM provides IBM Software Subscription and Support with each IBM Program licensed under the IPLA. IBM Software Subscription and Support is a single offering not available as separate components. IBM does not provide IBM Software Subscription and Support for (i) Non-IBM Programs or for (ii) Programs that are licensed under the IBM License Agreement for Non-Warranted Programs (together “Selected Programs”). b. IBM Software Subscription and Support begins on the date of acquisition and ends on the last day of the corresponding month in the following year, unless the date of acquisition is the first day of the month, in which case coverage ends on the last day of the prior month in month, 12 months from the following yeardate of acquisition. c. While IBM Software Subscription and Support is in effect for an IBM Program license: (1) IBM will make available to Customer IBM Program defect corrections, restrictions, and bypasses, if any, that it develops. (2) IBM will make available to Customer and authorize Customer to use the most current commercially available version, release, or update, should any be made available. (3) IBM provides Customer assistance for Customer’s i) routine, short duration installation and usage (how-to) questions; and ii) code-related questions (together “Support”). Such Support for a particular version or release of an IBM Program is available only until IBM or the third party, as applicable, withdraws Support for that IBM Program’s version or release. When Support is withdrawn, Customer must upgrade to a supported version or release of the IBM Program in order to continue to receive Support. The IBM “Software Support Lifecycle” policy is available at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/software/info/supportlifecycle/ . (4) IBM provides Support via electronic access and, if available, telephone, only to Customer’s information systems (IS) technical support personnel during the normal business hours (published prime shift hours) of Customer’s IBM support center. (This assistance is not available to Customer’s end users.) IBM provides Severity 1 assistance 24 hours a day, every day of the year. Consult the IBM Software Support Handbook for details at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/software/support . (5) IBM may request that Customer allow it to remotely access Customer’s system to assist Customer in isolating the software problem cause. Customer remains responsible for adequately protecting Customer’s system and all data contained in it whenever IBM remotely accesses it with Customer’s permission. d. IBM Software Subscription and Support does not include assistance for 1) the design and development of applications, 2) Customer’s use of IBM Programs in other than their specified operating environment or 3) failures caused by products for which IBM is not responsible under this Agreement.