Common use of Machine Code and Built in Capacity Clause in Contracts

Machine Code and Built in Capacity. Machines may include Machine Code (MC) and Built in Capacity (BIC). MC is computer instructions, fixes, replacements, and related materials, such as data and passwords relied on, provided, used with, or generated by MC, that permit the operation of the machine's processors, storage, or other functionality. MC is copyrighted and licensed (not sold). IBM only provides copies, fixes, or replacements for MC for Machines under warranty or IBM maintenance, or under a separate written agreement which may be subject to additional charges. Client agrees that all copies, fixes, or replacements for MC will be obtained solely as authorized by IBM. Client is granted a nonexclusive license to use MC only: i) on the Machine for which IBM provided it; and ii) to access and use BIC only to the extent paid for by Client, activated by IBM and subject to the Attachment called IBM Authorized Use Table for Machines (AUT) available from IBM and at hxxx://xxx.xxx.xxx/xxxxxxx/support/machine_warranties/machine_code/aut.html. BIC is computing resource (e.g., processors, storage, and other functionality) that IBM provides for a Machine. Use of BIC may be restricted by contract, technological or other measures. Client agrees to IBM's implementation of technological and other measures that restrict, monitor and report on use of BIC or MC, and to install any changes IBM provides. Client may not alter, reverse assemble, reverse compile, translate, or reverse engineer the MC, or circumvent or interfere, by any means, with IBM’s contractual, technological, or other measures that restrict, monitor or report on use of BIC or MC. While Client’s license to MC is in effect, Client may transfer possession of the entire MC along with all of Client’s rights and obligations only with corresponding transfer of the Machine and a hardcopy of this MC license, and only if the transferee agrees to the terms of this MC license. Client’s MC license terminates immediately upon transfer. This Agreement governs MC and BIC on Machines acquired from another party. Use of BIC in excess of authorizations from IBM is subject to additional charges.

Machine Code and Built in Capacity. a. Machines may include Machine Code (MC) and Built in Capacity (BIC). MC is computer instructions, fixes, replacements, replacements and related materials, such as data and passwords relied on, provided, used with, with or generated by MC, that permit the operation of the machine's processors, storage, storage or other functionality. MC is copyrighted and licensed (not sold). IBM only provides copies, fixes, fixes or replacements for MC for Machines under warranty or IBM maintenance, or under a separate written agreement which may be subject to additional charges. Client agrees that all copies, fixes, fixes or replacements for MC will be obtained solely as authorized by IBM. Client is granted a nonexclusive license to use MC only: i) on the Machine for which IBM provided it; and ii) to access and use BIC only to the extent paid for by Client, activated by IBM and subject to the Attachment called IBM Authorized Use Table for Machines (AUT) available from IBM and at hxxx://xxx.xxx.xxx/xxxxxxx/support/machine_warranties/machine_code/aut.htmlxxxx://xxx.xxx.xxx/systems/support/machine_warranties/machine_code/aut.html. BIC is a computing resource (e.g., processors, storage, storage and other functionality) that IBM provides for a Machine. Use of BIC may be restricted by contract, technological or other measures. Client agrees to IBM's implementation of technological and other measures that restrict, monitor and report on use of BIC or MC, and to install any changes IBM provides. Client may not alter, reverse assemble, reverse compile, translate, translate or reverse engineer the MC, or circumvent or interfere, by any means, with IBM’s contractual, technological, technological or other measures that restrict, monitor or report on use of BIC or MC. While Client’s license to MC is in effect, Client may transfer possession of the entire MC along with all of Client’s rights and obligations only with corresponding transfer of the Machine and a hardcopy of this MC license, and only if the transferee agrees to the terms of this MC license. Client’s MC license terminates immediately upon transfer. This Agreement governs MC and BIC on Machines acquired from another party. Use of BIC in excess of authorizations from IBM is subject to additional charges.

Machine Code and Built in Capacity. a. Machines may include Machine Code (MC) and Built in Capacity (BIC). MC is computer instructions, fixes, replacements, replacements and related materials, such as data and passwords relied on, provided, used with, with or generated by MC, that permit the operation of the machine's processors, storage, storage or other functionality. MC is copyrighted and licensed (not sold). IBM SEVONE only provides copies, fixes, fixes or replacements for MC for Machines under warranty or IBM SEVONE maintenance, or under a separate written agreement which may be subject to additional charges. Client agrees that all copies, fixes, fixes or replacements for MC will be obtained solely as authorized by IBMSEVONE. Client is granted a nonexclusive license to use MC only: i) on the Machine for which IBM SEVONE provided it; and ii) to access and use BIC only to the extent paid for by Client, activated by IBM SEVONE and subject to the Attachment called IBM SEVONE Authorized Use Table for Machines (AUT) available from IBM SEVONE and at hxxx://xxx.xxx.xxx/xxxxxxx/support/machine_warranties/machine_code/aut.htmlxxxx://xxx.xxx.xxx/systems/support/machine_warranties/machine_code/aut.html. BIC is computing resource (e.g., processors, storage, storage and other functionality) that IBM SEVONE provides for a Machine. Use of BIC may be restricted by contract, technological or other measures. Client agrees to IBMSEVONE's implementation of technological and other measures that restrict, monitor and report on use of BIC or MC, and agrees to install any changes IBM SEVONE provides. Client may not alter, reverse assemble, reverse compile, translate, translate or reverse engineer the MC, or circumvent or interfere, by any means, with IBMSEVONE’s contractual, technological, technological or other measures that restrict, monitor or report on use of BIC or MC. While Client’s license to MC is in effect, Client may transfer possession of the entire MC along with all of Client’s rights and obligations only with corresponding transfer of the Machine and a hardcopy of this MC license, and only if the transferee agrees to the terms of this MC license. Client’s MC license terminates immediately upon transfer. This Agreement governs MC and BIC on Machines acquired from another party. Use of BIC in excess of authorizations from IBM SEVONE is subject to additional charges.

Machine Code and Built in Capacity. Machines may include Machine Code (MC) and Built in Capacity (BIC). MC is computer instructions, fixes, replacements, replacements and related materials, such as data and passwords relied on, provided, used with, with or generated by MC, that permit the operation of the machine's processors, storage, storage or other functionality. MC is copyrighted and licensed (not sold). IBM only provides copies, fixes, fixes or replacements for MC for Machines under warranty or IBM maintenance, or under a separate written agreement which may be subject to additional charges. Client agrees that all copies, fixes, fixes or replacements for MC will be obtained solely as authorized by IBM. Client is granted a nonexclusive license to use MC only: i) on the Machine for which IBM provided it; and ii) to access and use BIC only to the extent paid for by Client, activated by IBM and subject to the Attachment called IBM Authorized Use Table for Machines (AUT) available from IBM and at hxxx://xxx.xxx.xxx/xxxxxxx/support/machine_warranties/machine_code/aut.htmlxxxx://xxx.xxx.xxx/systems/support/machine_warranties/machine_code/aut.html. BIC is computing resource (e.g., processors, storage, storage and other functionality) that IBM provides for a Machine. Use of BIC may be restricted by contract, technological or other measures. Client agrees to IBM's implementation of technological and other measures that restrict, monitor and report on use of BIC or MC, and to install any changes IBM provides. Client may not alter, reverse assemble, reverse compile, translate, translate or reverse engineer the MC, or circumvent or interfere, by any means, with IBM’s contractual, technological, technological or other measures that restrict, monitor or report on use of BIC or MC. While Client’s license to MC is in effect, Client may transfer possession of the entire MC along with all of Client’s rights and obligations only with corresponding transfer of the Machine and a hardcopy of this MC license, and only if the transferee agrees to the terms of this MC license. Client’s MC license terminates immediately upon transfer. This Agreement governs MC and BIC on Machines acquired from another party. Use of BIC in excess of authorizations from IBM is subject to additional charges.

Machine Code and Built in Capacity. a. Machines may include Machine Code (MC) and Built in Capacity (BIC). MC is computer instructions, fixes, replacements, replacements and related materials, such as data and passwords relied on, provided, used with, with or generated by MC, that permit the operation of the machine's processors, storage, storage or other functionality. MC is copyrighted and licensed (not sold). IBM only provides copies, fixes, fixes or replacements for MC for Machines under warranty or IBM maintenance, or under a separate written agreement which may be subject to additional charges. Client Customer agrees that all copies, fixes, fixes or replacements for MC will be obtained solely as authorized by IBM. Client Customer is granted a nonexclusive license to use MC only: only (i) on the Machine for which IBM provided it; , and (ii) to access and use BIC only to the extent paid for by ClientCustomer, activated by IBM and subject to the Attachment called IBM Authorized Use Table for Machines (AUT) available from IBM and at hxxx://xxx.xxx.xxx/xxxxxxx/support/machine_warranties/machine_code/aut.htmlxxxx://xxx.xxx.xxx/systems/support/machine_warranties/machine_code/aut.html. BIC is computing resource (e.g., processors, storage, storage and other functionality) that IBM provides for a Machine. Use of BIC may be restricted by contract, technological or other measures. Client Customer agrees to IBM's implementation of technological and other measures that restrict, monitor and report on use of BIC or MC, and to install any changes IBM provides; provided, however, that IBM shall thoroughly disclose or reference in a Transaction Document any and all such measures to Customer if any such measure will be used to determine charges to Customer. Client If IBM fails to provide such disclosure to Customer before installation of the product to be measured, then IBM shall not employ such measures to determine charges to Customer until IBM provides such disclosure. Customer may not alter, reverse assemble, reverse compile, translate, translate or reverse engineer the MC, or circumvent or interfere, by any means, with IBM’s contractual, technological, technological or other measures that restrict, monitor or report on use of BIC or MC. While ClientCustomer’s license to MC is in effect, Client Customer may transfer possession of the entire MC along with all of ClientCustomer’s rights and obligations only with corresponding transfer of the Machine and a hardcopy of this MC license, and only if the transferee agrees to the terms of this MC license. ClientCustomer’s MC license terminates immediately upon transfer. This Agreement governs MC and BIC on Machines acquired from another party. Use of BIC in excess of authorizations from IBM is subject to additional charges.

Machine Code and Built in Capacity. a. Machines may include Machine Code (MC) and Built in Capacity (BIC). MC is computer instructions, fixes, replacements, replacements and related materials, such as data and passwords relied on, provided, used with, with or generated by MC, that permit the operation of the machine's processors, storage, storage or other functionality. MC is copyrighted and licensed (not sold). IBM only provides copies, fixes, fixes or replacements for MC for Machines under warranty or IBM maintenance, or under a separate written agreement which may be subject to additional charges. Client agrees that all copies, fixes, fixes or replacements for MC will be obtained solely as authorized by IBM. Client is granted a nonexclusive license to use MC only: i) on the Machine for which IBM provided it; and ii) to access and use BIC only to the extent paid for by Client, activated by IBM and subject to the Attachment called IBM Authorized Use Table for Machines (AUT) available from IBM and at hxxx://xxx.xxx.xxx/xxxxxxx/support/machine_warranties/machine_code/aut.htmlxxxx://xxx.xxx.xxx/systems/support/machine_warranties/machine_code/aut.html. BIC is computing resource (e.g., processors, storage, storage and other functionality) that IBM provides for a Machine. Use of BIC may be restricted by contract, technological or other measures. Client agrees to IBM's implementation of technological and other measures that restrict, monitor and report on use of BIC or MC, and to install any changes IBM provides. Client may not alter, reverse assemble, reverse compile, translate, translate or reverse engineer the MC, or circumvent or interfere, by any means, with IBM’s contractual, technological, technological or other measures that restrict, monitor or report on use of BIC or MC. While Client’s license to MC is in effect, Client may transfer possession of the entire MC along with all of Client’s rights and obligations only with corresponding transfer of the Machine and a hardcopy of this MC license, and only if the transferee agrees to the terms of this MC license. Client’s MC license terminates immediately upon transfer. This Agreement governs MC and BIC on Machines acquired from another party. Use of BIC in excess of authorizations from IBM is subject to additional charges.