Ibm Agreement For Third Party Program Accessadmin
10.6 Waiver. The failure of one party to require the performance of a provision of this provision by the other party does not fully affect the right to demand such a benefit at any subsequent time, nor is the waiving of any of the parties to a provision of that provision is not considered to be a waiver of the provision itself or a waiver. 4.4 In the event that the licensee cannot have remote access to resolve a critical situation, requiring the licensee to visit, the licensee will pay in advance or all direct third parties will immediately travel out of pocket and reimburse the cost of living. 10.9 Assignment. Any party may completely cede this pre-notification agreement in connection with a merger, acquisition, sale of equity or assets or a similar transaction. 1.7 Third-party software sub-licenses. The software granted to you may contain third-party hardware (“under-authorized software” made available to the licensee by a “sublicensing software provider”). Accordingly, the parties agree that: (a) the software will not be authorized, not sold and, with the exception of the license granted above, neither the subleased software provider nor the licensee will pass on the right, ownership or interest of the underauthorized software to you. (b) any guarantee granted under this agreement is provided exclusively by the licensee and not by a sublicensing software provider; (c) the obligations set out in Section 3 (“INDEMNITY”) and Section 4 (“LIMITED WARRANTY AND DISCLAIMER”) do not apply to under-licensed software providers; (d) the protections and restrictions under Section 4 (“LIMITED WARRANTY AND DISCLAIMER”) and Section 6 (“LIMITATION OF LIABILITY”) apply to sublicensing software providers to the extent that these provisions apply to the licensee; and (e) any sub-licensed software provider is a third party expected beneficiary of the agreement and all compensation rights. To provide a professional service, these companies must employ experienced product specialists. In Origina`s case, all engineers are former IBM engineers, so they know exactly what they`re dealing with. Third-party software support “works” easily when it comes to your old IBM applications. Third-party support is an unknown amount – which is why your IBM account manager will suggest that dealing with them may be more difficult than you think.
But the reality is quite different. 1.8 Restrictions on third-party software components. Third-party software components as described in EXHIBIT A (“THIRD-PARTY SOFTWARE COMPONENTS”) should not be used: (a) for purposes other than to activate an application you have created; b) copying (except for backup purposes); (c) be redistributed or transferred; or (d) assembled upside down, conversely, or translated in another way, unless expressly authorized by law and without the possibility of contractual waiver.