Common use of Software Assurance Clause in Contracts

Software Assurance. 8.1 A maintenance service for the Software (“Software Assurance”) is available for the Software and, if purchased, will be provided by Modality Systems in accordance with the terms set forth in Your Software Documentation and for as long as the Software Assurance Fee is paid (or, if included as part of Your Licence, for the duration of the term of the Licence). 8.2 As part of the purchased Software Assurance, Modality Systems will investigate issues raised by You to determine if the problem is a Software bug or user support issue. If a Software bug is identified, Modality Systems will use reasonable endeavours to investigate a workaround, patch or version update in order to correct the issue. 8.3 Software Assurance will not cover problems arising as a result of Your incorrect use of the Software or failure to follow installation advice. If the issue raised by You is a configuration or implementation issue requiring user support, this will not be covered by Software Assurance and must be handled via the purchase of separate Modality Systems’ consultancy time. 8.4 In the event that product improvement upgrades and/or updates of the Software are developed (“Upgrades and/or Updates”), Modality Systems will make such Upgrades and/or Updates available to You only as part of Your Software Assurance, provided all Licence Fee and Software Assurance Fee payments are up to date. For the avoidance of doubt, the provision of Updates and/or Upgrades is only available to You whilst You continue to pay the Licence Fee and Software Assurance Fee, and provided no invoices are outstanding at the time that the Update and/or Upgrade is released. If You have not paid Your Licence Fee and Software Assurance Fee, You are not entitled to receive any Update and/or Upgrade. If you have purchased Software Assurance, You commit to moving to the new version within twelve (12) months of release. 8.5 Security hotfixes will be covered as part of the Licence Fee, regardless of whether Software Assurance has been purchased.

Software Assurance. 8.1 A maintenance service for the Software (“Software Assurance”) is available for the Software and, if purchased, will be provided by Modality Systems Nasstar in accordance with the terms set forth in Your Software Documentation and for as long as the Software Assurance Fee is paid (or, if included as part of Your Licence, for the duration of the term of the Licence). 8.2 As part of the purchased Software Assurance, Modality Systems Nasstar will investigate issues raised by You to determine if the problem is a Software bug or user support issue. If a Software bug is identified, Modality Systems Nasstar will use reasonable endeavours to investigate a workaround, patch or version update in order to correct the issue. 8.3 Software Assurance will not cover problems arising as a result of Your incorrect use of the Software or failure to follow installation advice. If the issue raised by You is a configuration or implementation issue requiring user support, this will not be covered by Software Assurance and must be handled via the purchase of separate Modality Systems’ Nasstar’s consultancy time. 8.4 In the event that product improvement upgrades and/or updates of the Software are developed (“Upgrades and/or Updates”), Modality Systems Nasstar will make such Upgrades and/or Updates available to You only as part of Your Software Assurance, provided all Licence Fee and Software Assurance Fee payments are up to date. For the avoidance of doubt, the provision of Updates and/or Upgrades is only available to You whilst You continue to pay the Licence Fee and Software Assurance Fee, and provided no invoices are outstanding at the time that the Update and/or Upgrade is released. If You have not paid Your Licence Fee and Software Assurance Fee, You are not entitled to receive any Update and/or Upgrade. If you have purchased Software Assurance, You commit to moving to the new version within twelve (12) months of release. 8.5 Security hotfixes will be covered as part of the Licence Fee, regardless of whether Software Assurance has been purchased.

Software Assurance. 8.1 A maintenance service for the Software (“Software Assurance”) is available for the Software and, if purchased, will be provided by Modality Systems Nasstar in accordance with the terms set forth in Your Software Documentation and for as long as the Software Assurance Fee is paid (or, if included as part of Your Licence, for the duration of the term of the Licence). 8.2 As part of the purchased Software Assurance, Modality Systems Nasstar will investigate issues raised by You to determine if the problem is a Software bug or user support issue. If a Software bug is identified, Modality Systems Nasstar will use reasonable endeavours to investigate a workaround, patch or version update in order to correct the issue. 8.3 Software Assurance will not cover problems arising as a result of Your incorrect use of the Software or failure to follow installation advice. If the issue raised by You is a configuration or implementation issue requiring user support, this will not be covered by Software Assurance and must be handled via the purchase of separate Modality SystemsNasstar’ consultancy time. 8.4 In the event that product improvement upgrades and/or updates of the Software are developed (“Upgrades and/or Updates”), Modality Systems Nasstar will make such Upgrades and/or Updates available to You only as part of Your Software Assurance, provided all Licence Fee and Software Assurance Fee payments are up to date. For the avoidance of doubt, the provision of Updates and/or Upgrades is only available to You whilst You continue to pay the Licence Fee and Software Assurance Fee, and provided no invoices are outstanding at the time that the Update and/or Upgrade is released. If You have not paid Your Licence Fee and Software Assurance Fee, You are not entitled to receive any Update and/or Upgrade. If you have purchased Software Assurance, You commit to moving to the new version within twelve (12) months of release. 8.5 Security hotfixes will be covered as part of the Licence Fee, regardless of whether Software Assurance has been purchased.

Software Assurance. 8.1 3.1 A maintenance service for the certain Software (“Software Assurance”) is available for the Software and, and if purchased, will be provided by Modality Systems Nasstar in accordance with the terms set forth in Your Software Documentation your Contract and for as long as the Software Assurance Fee is paid (or, if included as part of Your Licenceyour licence, for the duration of the term of the Licencelicence). This clause 3 will only apply where Software Assurance is sold. 8.2 3.2 As part of the purchased Software Assurance, Modality Systems Nasstar will investigate issues raised by You the Customer to determine if the problem is a Software bug or user support issue. If a Software bug is identified, Modality Systems Nasstar will use reasonable endeavours to investigate a workaround, patch or version update in order to correct the issue. 8.3 3.3 Software Assurance will not cover problems arising as a result of Your the Customer’s incorrect use of the Software or failure to follow installation advice. If the issue raised by You the Customer is a configuration or implementation issue requiring user support, this will not be covered by Software Assurance and must be handled via the purchase of separate Modality Systems’ Nasstar’s consultancy time. 8.4 3.4 In the event that product improvement upgrades and/or updates (including but not limited to security hotfixes and rollup updates) of the Software are developed (“Upgrades and/or Updates”), Modality Systems Nasstar will only make such Upgrades and/or Updates available to You only the Customer as part of Your Software Assurance, provided all Licence Fee and Software Assurance Fee payments are up to date. For the avoidance of doubt, the provision of Updates and/or Upgrades is only available to You whilst You continue to pay the Licence Fee and If Software Assurance Fee, and provided no invoices are outstanding at has been purchased the time that the Update and/or Upgrade is released. If You have not paid Your Licence Fee and Software Assurance Fee, You are not entitled to receive any Update and/or Upgrade. If you have purchased Software Assurance, You commit Customer commits to moving to the new version within twelve (12) months of release. 8.5 3.5 Security hotfixes will be covered as part of the Licence Fee, regardless of whether Software Assurance has been purchased. 3.6 Nasstar provides hotfix and rollup updates for a period of twelve (12) months following the release of a new version of the Software. 3.7 Nasstar may, at their discretion, provide advice to you about recommended hardware for on- premise deployment; however, support of such hardware is not deemed to be included in the Licence Fees unless additional support terms and costs specific to that hardware have been agreed in writing between Nasstar and the Customer.