Common use of Software Subscription and Support Clause in Contracts

Software Subscription and Support. a. For purposes of this Agreement, “software subscription and support” means both IBM Software Subscription and Support and Third Party Software Subscription and Support. IBM provides IBM Software Subscription and Support with each IBM Program licensed under the IPLA. IBM Software Subscription and Support is a single offering not available as separate components. IBM does not provide IBM Software Subscription and Support for (i) Non-IBM Programs or for (ii) Programs that are licensed under the IBM License Agreement for Non- Warranted Programs (together “Selected Programs”). b. 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. c. While IBM Software Subscription and Support is in effect for an IBM Program license: (1) IBM will make available to the Government Customer IBM Program defect corrections, restrictions, and bypasses, if any, that it develops. (2) IBM will make available to the Government Customer and authorize the Government Customer to use the most current commercially available version, release, or update, should any be made available. (3) IBM provides the Government Customer assistance for Government Customer’s i) routine, short duration installation and usage (how-to) questions; and ii) code-related questions (together “Support”). Such Support for a particular version or release of an IBM Program is available only until IBM or the third party, as applicable, withdraws Support for that IBM Program’s version or release. When Support is withdrawn, Government Customer must upgrade to a supported version or release of the IBM Program in order to continue to receive Support. The IBM “Software Support Lifecycle” policy is available at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/software/info/supportlifecycle/. (4) IBM provides Support via electronic access and, if available, telephone, only to Government Customer’s information systems (IS) technical support personnel during the normal business hours (published prime shift hours) of Government Customer’s IBM support center. (This assistance is not available to Government Customer’s 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 ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/software/support. (5) IBM may request that the Government Customer allow it to remotely access Government Customer’s system to assist Government Customer in isolating the software problem cause. Government Customer remains responsible for adequately protecting Government Customer’s system and all data contained in it whenever IBM remotely accesses it with Government Customer’s permission. d. IBM Software Subscription and Support does not include assistance for 1) the design and development of applications, 2) Government Customer’s 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.