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5. Services Program License <br /> <br />The following terms apply to each Program we provide with a Sewice that is not othenvise <br />accompanied by a license agreement. <br /> <br />We grant you a nonexcluslve license to use the Program on the Eligible Machine we designate to <br />assist us In problem determination or other system support in conjunction with these Services. <br /> <br />If we do not supply a backup copy, you may make one copy of the Program for backup purposes <br />provided you reproduce the copyright notice and any other legend of ownership on the copy. The <br />backup copy is subject to the same terms as the original. You may net 1 ) modify the program's <br />machine readable insthJctlons or data or merge them into another Program, 2) reverse assemble, <br />reverse compile, or otherwise translate the Program, 3) sublicense, assign, or transfer the license for <br />the Program, er 4) distribute the Program to any third party. We provide the Program WITHOUT <br />WARRANTIES OF ANY KIND, <br /> <br />Your license terminates when 1 ) the Service terminates, is withdrawn or expires and Is not renewed, <br />2) the Program is no longer needed to per~orm the Service, or 3) the Eligible Machine which we <br />designated for the Program is removed gem productive use within your Enterprise. <br /> <br />We may terminate your license if you fail to comply with these terms. <br /> <br />Upon termination, you agree to destroy the Program and any backup copy you were given or made. <br /> <br />6. Automatic Inventory Increases <br /> <br />We will autorr~flcally increase the inventory count at a SpecJfled Location whenever: <br /> <br />1. an Eligible ISM Machine is added fo the inventhry. If the Machine is under warranty when added, <br /> maintenance Services will commence at warranty exit. If the Machine is not under wan'anty when <br /> added, maintenance Services will commence at the later of a) the date of installation or b) the <br /> previous yeady anniversary of the start of the contract pedod. IBM Machines specifically excluded <br /> from coverage at contract period start will remain outside the scope of this Statement of Work <br /> unless you request we add them dudng the centract period. However, all Eligible IBM Machines <br /> added to your inventory during the contract period will be included in the inventory count and <br /> receive maintenance Services as set out in this Section; or <br />2. an Eligible non-IBM Machine, of the same type as other non-IBM Machines already covered at <br /> that Specified Locagon, Is added to the inventory. If the Machine is under warranty when added, <br /> malntenanceServiceswiilcemmence atwaffantyexg. IftheMachine is not under warranty <br /> when added, maintenance Services will commence at the later of a) the date of Installation or b) <br /> the previous yearty anniversary of the start of the c~ntract period. <br /> <br />The maintenance Services that apply for these Machines will be the same as that which you are <br />receiving for all other Eligible Machines of the same type. <br /> <br />Newly installed ]BM Machines of the same type for which you have already selected Warranty <br />Service Upgrade will be added at date of actual installation and will be covered at the same Warranty <br />Service Upgrade support level. <br /> <br />7. Charges and Payment <br /> <br />Your IBM Business Partner sets the charges and terms governing ~harges. Your IBM Business <br />Partser m~y [mpese an addg[onal charge for some actions, e.g., tenninatioth or for our provision of <br />some additional services, e.g., Service upgrades, aedlfional Systems Administrators, addifional <br />reports, or support for other Products. These actions er additional se~ices are Identified In this <br />Statement of Work with an astedsk ("*"). Where you see an asterisk, check with your ISM Business <br /> <br /> <br />