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Agreement

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IBM Customer Agreement
This IBM Customer Agreement (called the “Agreement”) governs transactions by which Customer purchases Machines, licenses ICA Programs, obtains Program licenses, and acquires Services (including, without limitation, customized development and support, business consulting, and maintenance Services) from International Business Machines Corporation (“IBM”).

1.
1.1

General
Agreement Structure
This Agreement is organized in five Parts: Part 1 – General includes terms regarding Agreement Structure, Definitions, Acceptance of Terms, Delivery, Charges and Payment, Changes to Agreement Terms, IBM Business Partners, Intellectual Property Protection, Limitation of Liability, General Principles of Our Relationship, Agreement Termination, and Geographic Scope and Governing Law. Part 2 – Warranties defines applicable Warranties for IBM Machines, ICA Programs, IBM Services, and Systems, and terms regarding Extent of Warranty. Part 3 – Machines includes Machine terms regarding Production Status, Title and Risk of Loss, Installation, and Machine Code. Part 4 – ICA Programs includes ICA Program terms regarding License, Distributed System License Option, Program Services, Compliance Verification, and License Termination. Part 5 – Services includes Services terms regarding Personnel, Materials Ownership and License, Customer Resources, Service for Machines (during and after warranty), Maintenance Coverage, Automatic Service Renewal, and Termination and Withdrawal of a Service.

1.2

Attachments and Transaction Documents
Additional terms for Products and Services are in documents called "Attachments" and "Transaction Documents” provided by IBM. In general, Attachments contain terms that may apply to more than one Product or Services transaction, while Transaction Documents (such as a statement of work, supplement, schedule, invoice, exhibit, change

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