Common use of Software Subscription and Support Clause in Contracts

Software Subscription and Support. IBM provides software subscription and support (“IBM Software Subscription and Support”) with each IBM Program licensed under the IPLA. Software Subscription and Support is a single offering not available as separate components. IBM does not provide IBM Software Subscription and Support for Non-IBM Programs or for Programs that are licensed under the IBM License Agreement for Non-Warranted Programs (together “Selected Programs”). Third parties may provide software subscription and support (“Third Party Software Subscription and Support “) with Non-IBM Program licenses under the third parties’ terms. For purposes of this Agreement, “software subscription and support” means both IBM Software Subscription and Support and Third Party Software Subscription and Support. 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 month, 12 months from the date of acquisition. While IBM Software Subscription and Support is in effect for an IBM Program license: a. IBM will make available to you and authorize you to use the most current commercially available version, release, or update, should any be made available. b. IBM provides you assistance for your 1) routine, short duration installation and usage (how-to) questions; and 2) code-related questions (“Support”). Such Support for a particular version or release of a Program is available only until IBM or the third party, as applicable, withdraws Support for that Program’s version or release. When Support is withdrawn, you must upgrade to a supported version or release of the Program in order to continue to receive Support. The IBM “Software Support Lifecycle” policy is available at ▇▇▇▇://▇▇▇- ▇▇▇.▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇/▇▇▇▇/▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇/ . c. IBM provides assistance via telephone and, if available, electronic access, only to your information systems (IS) technical support personnel during the normal business hours (published prime shift hours) of your IBM support center. (This assistance is not available to your 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 ▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇ . d. IBM may request that you allow it to remotely access your system to assist you in isolating the software problem cause. You remain responsible for adequately protecting your system and all data contained in it whenever IBM remotely accesses it with your permission. IBM Software Subscription and Support does not include assistance for 1) the design and development of applications, 2) your 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.