CREN HOME
About CREN

CREN Member Services

CREN Member Institutions

CREN Board of Trustees

Become a CREN Member

CREN History

CREN Home


Note: This USA version of Attachment 2 to the IRA Agreements is made available here for your on-line review but is not to be signed as the official agreement. For that purpose, the fully-formatted version, without formatting changes, may be retrieved for use by USA organizations from ftp.cren.net via anonymous ftp as the file /ira/hesc-agreement.ps for the PostScript version, or /ira/hesc-agreement.rtf for the RTF version. The international version, when agreed upon by IBM, will be available as /ira/hesc-agreement-intl.ps and /ira/hesc-agreement-intl.rtf.

ATTACHMENT 2

TO

IRA PURCHASE AGREEMENT

AND TO

IRA LEASE/PURCHASE AGREEMENT

AGREEMENT FOR USE OF SEPARATELY ACQUIRED SOFTWARE

IBM has signed an Agreement with the Corporation For Research & Educational Networking (Seller) to supply the Seller technology in both hardware and software forms for incorporation into the Seller's System which is being marketed to you as a Specific System. IBM has also agreed to allow you to use IBM software acquired through membership in the Higher Education Software Consortium (HESC) on the Sellers System under the following terms and conditions:

    1. You are now and will remain a member in good standing of the Higher Education Software Consortium, and currently subscribe to the appropriate software groups

    2. All terms and conditions of the HESC Customer Agreement apply to the software when used on the Sellers System, with the exception that use of HESC supplied software on Sellers System creates a non-supported HESC environment.

    3.You agree to refer all questions, problems, and inquiries regarding the IBM software when used on the Sellers specific system to the Seller.

TRANSFER

This Agreement is not transferable to any other party under any conditions.

GENERAL

You may terminate this Agreement on one month written notice to the Seller. Either IBM or the Seller may terminate this Agreement if you do not comply with any of its terms. In the case of termination you agree to return or destroy all copies of IBM software.

Neither of us will bring a legal action under this Agreement more than two years after the cause of action arose.

You may have additional rights under certain laws which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, our exclusion or limitations may not apply to you.

All your rights, all our obligations, and all licenses are valid only in the United States and Puerto Rico. The laws of the State of New York govern this Agreement.

YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT FOR THE USE OF HIGHER EDUCATION SOFTWARE CONSORTIUM ACQUIRED SOFTWARE AS EVIDENCED BY YOUR SIGNATURE OR THAT OF YOUR AUTHORIZED REPRESENTATIVE BELOW.

Agreed to:

    CUSTOMER Name: ___________________________________

    CUSTOMER Address: _________________________________

    By /s/: ______________________________________________

    Name: ______________________________________________

    Title: _______________________________________________

    Date: _______________________________________________

    *Specific Systems Serial No.: ____________________________


*Must appear on signature page to be a valid Agreement for Use of Higher Education Software Consortium Acquired Software.