| 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. |
