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<br />---- <br />---- <br />- ..-.-- <br />- --- <br />- - --- <br />===;:. <br /> <br />Agreement for Services Acquired from an IBM <br />Business Partner <br /> <br />Thank you for your business. We strive to provide you with high quality Services. If. at any time, you have any Questions or <br />problems, or are not completely satisfied. please let us know. Our goal is to do our best for you. <br /> <br />IBM ("we') has signed agreements with certain organizations (called "18M Business Partners") to promote. market, and support <br />certain Services. Some IBM Business Partners also fulfill these functions through other remarketers who are not IBM Business <br />Partners. However, for purposes of brevity in this Agreement. when we use the term IBM Business Partner we mean IBM Business <br />Partners and their remarketers. When the Customer ("you.) orders our Services under this Agreement from an IBM Business <br />Partner, we are responsible for providing the Services to you under the warranties and other terms of this Agreement. We are not <br />responsible for 1) the actions of IBM Business Partners, 2) any additional obligations they have to you, or 3) any products or <br />services that they supply to you under their agreements. IBM Business Partners establish the price and tenns at which they market <br />IBM Services. In the event that your IBM Business Partner is no longer able to offer our Services, for any reason, we wiD so notify <br />you in writing. You may continue to receive our Services by instructing us to transfer administration of your Service to either (1) <br />another IBM Business Partner of your choice (who may require you to first execute one of their agreements) who is approved to <br />offer you our Services, or (2) us and signing a separate IBM agreement for services. <br /> <br />This IBM Agreement for Services Acquired from an IBM Business Partner (called the "Agreement") governs the Services you <br />acquire from an IBM Business Partner and we perform. <br /> <br />Part 1 - General <br /> <br />1.1 Definitions <br /> <br />Enterprise is any legal entity (such as a corporation) and <br />the subsidiaries it owns by more than 50 percent. An <br />Enterprise also includes other entities which are mutually <br />agreed-to in Writing. <br /> <br />Machine is a machine. its features, conversions, upgrades, <br />elements. or accessories, or any combination of them. The <br />tenn "Machine" includes an IBM Machine and any non-IBM <br />Machine (including other equipment) for which we may <br />provide maintenance Services. <br /> <br />Materials are literary works or other works of authorship <br />(such as programs, program listings. programming tools. <br /> <br />documentation, reports, drawings, and similar works) that we <br />may deliver to you as part of a Service. The tenn .Materials. <br />does not include licensed program products available under <br />their own license agreement. <br /> <br />Service is perfonnance of a task, provision of advice and <br />counsel, assistance. or access to a resource (such as <br />access to an information data base) we make available to <br />you. <br /> <br />1.2 Agreement Structure <br /> <br />Attachments <br /> <br />Some Services have tenns in addition to those we specify in <br />this Agreement. We provide the additional terms in <br />documents called "Attachments; which are also part of this <br />Agreement. Attachments will be signed by both of us if <br /> <br />PAGES 2 THROUGH 4 ARE ALSO PART OF THIS AGREEMENT. This Agreement and its applicable Attachments and <br />Transaction Documents are the complete agreement between us regarding the.. Servic.s and replace any prior oral or <br />written communications regarding these Services. No machines or licensed program products are acquired under this <br />Agreement. Such items are available only under the terms of 1) the IBM Customer Agreement (or any equivalent <br />agreement between us) or 2) the applicable third-party agreement. By signing below for our respective Enterprises, each <br />of us agrees to the terms of this Agreement. Once signed. 1) any reproduction of this Agreement, an Attachment, or <br />Transaction Document made by reliable means (for example, photocopy or facsimile) is considered an original and 2) all <br />Services you order under this Agreement are subject to it. <br /> <br /> <br />By <br /> <br />Name (type or Prinl):CIt,..iSfoLJ/ze,- J , Ku.SS(.1 <br />C(fy m~ <br />Date: /IZard 3// 2cv3 <br />Enterprise number: <br /> <br />Enterprise address: <br />17070 Colllins Ave. <br />Sunnyls~s.FL 33160 <br />Rita Ey <br />305-947-0606 <br /> <br />By <br /> <br />Name (type or print): <br /> <br />Date: Si"'7 fJ <br /> <br /> <br />Agreement number: <br />IBM ServicesAssistant Number: G210A3N8 <br />IBM address: <br />4111 Northside Parkway <br />Atlanta, GA 30327 <br /> <br />After signing. please return a copy of this Agreement to the "IBM address' shown above. <br /> <br />Z125-5774-00 02198 (MKOO2) <br /> <br />12/05/2002 <br /> <br />Page 1 <br />