Common use of Program License Clause in Contracts

Program License. a. A Program is an executable IBM-branded computer program and its related material and includes whole and partial copies. Program details are described in a TD available at xxxx://xxx.xxx.xxx/software/sla (for Passport Advantage Programs) or xxxx://xxx.xxx.xxx/support/knowledgecenter (for other IBM Programs), in the Program's system command directory, or as otherwise specified by IBM. IBM software policies (such as backup, temporary use and IBM approved cloud environment) available at xxxx://xxx.xxx.xxx/softwarepolicies apply to Licensee's use of Programs. b. Copies of Programs are copyrighted and licensed. c. Licensee is granted a nonexclusive license to: (1) use each copy of a Program, subject to the terms of the Agreement and up to the number of license entitlements Licensee acquires ("Authorized Use"); (2) make and install copies to support such Authorized Use; and (3) make a backup copy. d. Programs may be used by Licensee, its employees and contractors. Licensee may not rent or lease a Program or provide commercial IT, hosting or timesharing services to any third party. Additional rights may be available for additional fees or under different terms. e. The license granted for a Program is subject to Licensee: (1) reproducing copyright notices and other markings on any copy; (2) ensuring anyone who uses the Program: i) does so only on Licensee's behalf within Licensee's Authorized Use; and ii) complies with this Agreement; (3) not reverse assembling, reverse compiling, translating, or reverse engineering the Program, except as expressly permitted by law without the possibility of contractual waiver; and (4) not using any of the elements of the Program or related licensed materials separately from the Program. f. If the TD for a Program ("Principal Program") states that a "Supporting Program" is included with the Principal Program, Licensee may use the Supporting Program subject to any license limitations of the Principal Program and only to support the Principal Program. g. This license applies to each copy of the Program that Licensee makes. h. An update, fix, or patch to a Program is subject to the terms governing the Program unless new terms are provided in an updated TD. Licensee accepts such new terms upon installation of the update, fix, or patch. If a Program is replaced by an update, Licensee agrees to promptly discontinue use of the replaced Program. i. If Licensee is dissatisfied with a Program for any reason, Licensee may terminate the license by returning the Program and proof of entitlement to IBM or the authorized IBM Business Partner within 30 days of the original acquisition date of such Program for a refund of the amount paid. For a downloaded Program, contact the party Licensee acquired the Program from for refund instructions.

Program License. a. A Program is an executable IBM-branded computer program and its related material and includes whole and partial copies. Program details are described in a TD available at xxxx://xxx.xxx.xxx/software/sla (for Passport Advantage Programs) or xxxx://xxx.xxx.xxx/support/knowledgecenter (for other IBM Programs), in the Program's system command directory, or as otherwise specified by IBM. IBM software policies (such as backup, temporary use and IBM approved cloud environment) available at xxxx://xxx.xxx.xxx/softwarepolicies apply to Licensee's use of Programs. b. Copies of Programs are copyrighted and licensed. c. Licensee is granted a nonexclusive limited license to: (1) use each copy of a ProgramProgram solely for internal evaluation, subject to testing, or demonstration purposes on a trial basis during the terms of Evaluation Period (as defined in the Agreement and up to the number of license entitlements Licensee acquires applicable Program TD) ("Authorized Use"); (2) make and install copies to support such Authorized Use; and (3) make a backup copy. d. Programs may be used by Licensee, its employees and contractors. Licensee may not use the Program for productive purposes, rent or lease a Program Program, or provide commercial IT, hosting or timesharing services to any third party. Additional rights may be available for additional fees or under different terms. e. The license granted for a Program is subject to Licensee: (1) reproducing copyright notices and other markings on any copy; (2) ensuring anyone who uses the Program: i) does so only on Licensee's behalf within Licensee's Authorized Use; and ii) complies with this Agreement; (3) not disabling any disabling device, reverse assembling, reverse compiling, translating, or reverse engineering the Program, except as expressly permitted by law without the possibility of contractual waiver; and (4) not using any of the elements of the Program or related licensed materials separately from the Program. f. If the TD for a Program ("Principal Program") states that a "Supporting Program" is included with the Principal Program, Licensee may use the Supporting Program subject to any license limitations of the Principal Program and only to support the Principal Program. g. This license applies to each copy of the Program that Licensee makes. h. An update, fix, or patch to a Program is subject to the terms governing the Program unless new terms are provided in an updated TD. Licensee accepts such new terms upon installation of the update, fix, or patch. If a Program is replaced by an update, Licensee agrees to promptly discontinue use of the replaced Program. i. If Licensee is dissatisfied with a Program for any reason, Licensee may terminate the license by returning the Program and proof of entitlement to IBM or the authorized IBM Business Partner within 30 days of the original acquisition date of such Program for a refund of the amount paid. For a downloaded Program, contact the party Licensee acquired the Program from for refund instructions.

Program License. a. A Program is an executable IBM-branded computer program and its related material and includes whole and partial copies. Program details are described in a TD available at xxxx://xxx.xxx.xxx/software/sla (for Passport Advantage Programs) or xxxx://xxx.xxx.xxx/support/knowledgecenter (for other IBM Programs), in the Program's system command directory, or as otherwise specified by IBM. IBM software policies (such as backup, temporary use and IBM approved cloud environment) available at xxxx://xxx.xxx.xxx/softwarepolicies apply to Licensee's use of Programs. b. Copies of Programs are copyrighted and licensed. c. Licensee is granted a nonexclusive license to: (1) use each copy of a Program, subject to the terms of the Agreement and up to the number of license entitlements Licensee acquires ("Authorized Use"); (2) make and install copies to support such Authorized Use; and (3) make a backup copy. d. Programs may be used by Licensee, its employees and contractors. Licensee may not rent or lease a Program or provide commercial IT, hosting or timesharing services to any third party. Additional rights may be available for additional fees or under different terms. e. The license granted for a Program is subject to Licensee: (1) reproducing copyright notices and other markings on any copy; (2) ensuring anyone who uses the Program: i) does so only on Licensee's behalf within Licensee's Authorized Use; Use and ii) complies with this Agreement; (3) not reverse assembling, reverse compiling, translating, or reverse engineering the Program, except as expressly permitted by law without the possibility of contractual waiver; and (4) not using any of the elements of the Program or related licensed materials separately from the Program. f. If the TD for a Program ("Principal Program") states that a "Supporting Program" is included with the Principal Program, Licensee may use the Supporting Program subject to any license limitations of the Principal Program and only to support the Principal Program. g. This license applies to each copy of the Program that Licensee makes. h. An update, fix, or patch to a Program is subject to the terms governing the Program unless new terms are provided in an updated TD. Licensee accepts such new terms upon installation of the update, fix, or patch. If a Program is replaced by an update, Licensee agrees to promptly discontinue use of the replaced Program. i. If Licensee is dissatisfied with a Program for any reason, Licensee may terminate the license by returning the Program and proof of entitlement to IBM or the authorized IBM Business Partner within 30 days of the original acquisition date of such Program for a refund of the amount paid. For a downloaded Program, contact the party Licensee acquired the Program from for refund instructions. j. The Licensee’s acceptance of a Program is the earlier of the second business day after the Program’s standard transit allowance period, or receipt of the Program, or when IBM provides the Government authorization to download the product via the Proof of Entitlement. Notwithstanding anything herein to the contrary, the parties agree the ordering activity may negotiate an extension regarding the time of acceptance before issuing a delivery order; and the parties may mutually agree on the acceptance period for overseas orders.