Services – Other Services a. IBM provides consulting, installation, customization and configuration, maintenance, and other services as detailed in an Attachment or TD. Client will own the copyright in works of authorship that IBM develops for Client under a Statement of Work (SOW) (Project Materials). Project Materials exclude works of authorship delivered to Client, but not created, under the SOW, and any modifications or enhancements of such works made under the SOW (Existing Works). Some Existing Works are subject to a separate license agreement (Existing Licensed Works). A Program is an example of an Existing Licensed Work and is subject to the Program terms. IBM grants Client an irrevocable (subject to Client’s payment obligations), nonexclusive, worldwide license to use, execute, reproduce, display, perform and prepare derivatives of Existing Works that are not Existing Licensed Works. IBM retains an irrevocable, nonexclusive, worldwide, paid-up license to use, execute, reproduce, display, perform, sublicense, distribute, and prepare derivative works of Project Materials.
b. Any operational or administrative process that by its nature apply to a Service that is (a) part of Existing Backlog and (b) the process is documented in Client’s contract with its customer and (c) the process has been agreed to by the parties prior to Spin Date, will continue to apply for the current term of that customer’s contract with Client. For the purposes of this paragraph “Existing Backlog” means existing Service obligations documented under active IBM documents of understanding or the Survey Gizmo tool, including those amended by a mutually agreed project change request (PCR) or request for service (RFS), and as may be reflected in corresponding pricing and quote to cash records (i.e., CFTS/IERP), or equivalent forms but all as specified in an Attachment or TD.
Services – Other Services a. Services are project or other labor-based Services, such as consulting, installation, customisation and configuration, maintenance, and remote services IBM provides to Client. When IBM accepts Client's order, IBM will provide or make the Services as described in an Attachment or TD.
Services – Other Services a. IBM provides consulting, installation, customization and configuration, maintenance, and other services as detailed in an Attachment or TD. Client will own the copyright in works of authorship that IBM develops for Client under a Statement of Work (SOW) (Project Materials). Project Materials exclude works of authorship delivered to Client, but not created, under the SOW, and any modifications or enhancements of such works made under the SOW (Existing Works). Some Existing Works are subject to a separate license agreement (Existing Licensed Works). A Program is an example of an Existing Licensed Work and is subject to the Program terms. IBM grants Client an irrevocable (subject to Client’s payment obligations), nonexclusive, worldwide license to use, execute, reproduce, display, perform and prepare derivatives of Existing Works that are not Existing Licensed Works. IBM retains an irrevocable, nonexclusive, worldwide, paid-up license to use, execute, reproduce, display, perform, sublicense, distribute, and prepare derivative works of Project Materials.
b. Subject to the Contract’s Disputes Act, IBM may terminate a Service if a material breach concerning the Service is not remedied within a reasonable time. IBM will provide at least 90 days’ notice prior to withdrawal of Service. Client will be invoiced for charges for Services provided through the effective date of termination. If Client terminates without cause or IBM terminates for breach, Client will meet all minimum commitments and IBM will invoice for adjustment charges specified in the SOW or TD and any additional costs IBM reasonably incurs because of early termination, such as costs relating to subcontracts or relocation. IBM will take reasonable steps to mitigate any such additional costs.
c. Acceptance of IBM services occurs when IBM completes the services as defined in the completion criteria stated in the Statement of Work, or for hourly service engagements, upon completion of the service hours identified in the Statement of Work.
Services – Other Services. Avetta may provide third party services to You through the Avetta Service (“Third Party Services”). Use of Third Party Services is governed by the terms provided by the supplier of the Third Party Services. Avetta assumes no liability or responsibility whatsoever for Third Party Services You elect to use. You may not install or use any Third Party Services in a manner that creates any obligations for Avetta. Solely for Your convenience, Avetta may include charges for the Third-Party Services as part of Your subscription. Avetta may make other services available to You through the Site, such as EmployeeGUARD (“Other Services”). Use of Other Services is governed by the Terms and conditions, Privacy Policy, Disclaimer and Copyright specific to those Other services You are granted a limited non-exclusive, non-transferable, revocable license to access and use the Avetta Services and Content provided by you for which you have a valid subscription strictly in accordance with this Agreement solely for Your legitimate internal business purposes. Only Employees authorized by the subscribing Client or Supplier may access and use the Avetta Services and Site. You may not use login credentials to access the Avetta Services and Site from outside the country for which it was issued. Your login credentials may be restricted from accessing certain materials otherwise available in the Avetta Services. Any use of the Avetta Services or Content mentioned in the end product other than as specifically authorized herein, without the prior written permission of Avetta, is strictly prohibited and will terminate the license granted herein. Such license is subject to this Agreement and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause. Your license for access and use of the Avetta Services and any Content mentioned in the end product are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for Your own archival purposes in connection with your authorized use of the Avetta Servi...
Services – Other Services a. Datatrend shall coordinate with IBM to provide consulting, installation, customization and configuration, maintenance, and other services as detailed in an Attachment or Sales Order. Client will own the copyright in works of authorship that Datatrend or IBM develop for Client under a Statement of Work (SOW) (Project Materials). Project Materials exclude works of authorship delivered to Client, but not created, under the SOW, and any modifications or enhancements of such works made under the SOW (Existing Works). Some Existing Works are subject to a separate license agreement (Existing Licensed Works). A Program is an example of an Existing Licensed Work and is subject to the Program terms. Datatrend shall cause IBM to grant Client an irrevocable (subject to Client’s payment obligations), nonexclusive, worldwide license to use, execute, reproduce, display, perform and prepare derivatives of Existing Works that are not Existing Licensed Works. Datatrend and IBM each retain an irrevocable, nonexclusive, worldwide, paid-up license to use, execute, reproduce, display, perform, sublicense, distribute, and prepare derivative works of Project Materials they create, respectively.
b. Either party may terminate a Service if a material breach concerning the Service is not remedied within a reasonable time. Datatrend will provide at least 90 days’ notice prior to withdrawal of Service. Client will pay charges for Services provided through the effective date of termination. If Client terminates without cause or Datatrend terminates for breach, Client will meet all minimum commitments and pay termination or adjustment charges specified in the Sales Order and any additional costs Datatrend reasonably incurs because of early termination, such as costs relating to subcontracts or relocation. Datatrend will take reasonable steps to mitigate any such additional costs.
Services – Other Services a. The Supplier provides consulting, installation, customisation and configuration, maintenance, and other services as detailed in an Attachment or TD. The Buyer will own the copyright in works of authorship that the Supplier develops for the Buyer under a Statement of Work (SOW) (Project Materials). Project Materials exclude works of authorship delivered to the Buyer, but not created, under the SOW, and any modifications or enhancements of such works made under the SOW (Existing Works). Some Existing Works are subject to a separate license agreement (Existing Licensed Works). A Program is an example of an Existing Licensed Work and is subject to the Program terms. The Supplier grants the Buyer an irrevocable (subject to the Buyer's payment obligations), nonexclusive, worldwide license to use, execute, reproduce, display, perform and prepare derivatives of Existing Works that are not Existing Licensed Works. The Supplier retains an irrevocable, nonexclusive, worldwide, paid-up license to use, execute, reproduce, display, perform, sublicense, distribute, and prepare derivative works of Project Materials.
b. Either party may terminate a Service if a material breach concerning the Service is not remedied within a reasonable time. The Supplier will provide at least 90 days' notice prior to withdrawal of Service. The Buyer will pay charges for Services provided through the effective date of termination. If the Buyer terminates without cause or the Supplier terminates for breach, the Buyer will meet all minimum commitments and pay termination or adjustment charges specified in the SOW or TD and any additional costs the Supplier reasonably incurs because of early termination, such as costs relating to subcontracts or relocation. The Supplier will take reasonable steps to mitigate any such additional costs.
