Common use of Software Support and Maintenance Clause in Contracts

Software Support and Maintenance. NSB will use its commercially reasonable efforts to provide the following Software Support and Maintenance Services: 5.1.1 Support and assistance on technical operation issues and application support to Client’s head office designates as it pertains to the Hosted Applications, and direct to Client’s store personnel for the Store Software, during the Maintenance Period. Such support may be provided using remote access to either Client’s desktops, registers or to the Hosted Applications. All Software problem reports will be acknowledged by NSB by reference number. NSB will attempt to generate a correction by modifying the NSB Software, where applicable, and incorporating the modifications in the next Software Release to obviate or mitigate the effect of the defect and to use its commercially reasonable efforts to ensure that the owner of any Third Party Software provides a correction to the Third Party Software, where the problem is, in NSB’s opinion, in the Third Party Software. Metropark USA September 21, 2005 5.1.2 Respond to Client’s inquiries pertaining to all Software procedural queries that are not covered in either the available NSB documentation or associated training. 5.1.3 Fault diagnosis and, where possible, recommendations for corrections, subject to the limitations which may be imposed by contractual restrictions of any Third Party, following the reporting of any Software problem by Client. NSB shall use commercially reasonable efforts to commence investigation of the problem within the Initial Response Time as defined in Schedule “C” to this Agreement. Diagnosis and resolution of operational problems will generally be carried out remotely. 5.1.4 NSB shall apply fixes, maintenance releases and new releases to a hosted test environment. Client shall perform regression testing of the fixes, maintenance releases and new releases. Client has thirty days (30) from the date on which it is notified by NSB that the fix, maintenance release or new release has been applied to notify NSB in writing of any issues. Failure by Client to notify NSB in writing within such period shall be construed as deemed acceptance and NSB shall have sole discretion to apply said fixes, maintenance releases and new releases to the live production environment. Notwithstanding the foregoing, fixes may be applied directly to the live production environment where NSB deems that to do so would be appropriate under the circumstances. 5.1.5 Provide to Client new releases to the NSB Software including Documentation if available, on the condition that these new releases are compatible with Client’s Desktop Computers. New releases shall not include any options, future products, or new versions of the same product previously licensed by Client which NSB licenses to its clients generally at additional cost and/or under separate agreement. Client shall be charged on a time and materials basis of training and other services rendered by NSB in connection with the new releases. It will be Client’s obligation to attend training classes at NSB Montreal or Client’s location, as designated by NSB.

Software Support and Maintenance. NSB will use its commercially reasonable efforts to provide the following Software Support and Maintenance Services: 5.1.1 5.1.1. Support and assistance on technical operation operational issues and application support to Client’s head office designates as it pertains to the Hosted Applications, and direct to Client’s store personnel for the Store Software, during the Maintenance Period. Such support may be provided using remote access to either Client’s desktops, registers or to the Hosted Applications. All Software problem reports will be acknowledged by NSB by reference number. NSB will attempt to generate a correction by modifying the NSB Software, where applicable, and incorporating the modifications in the next Software Release to obviate or mitigate the effect of the defect and to use its commercially reasonable efforts to ensure that the owner of any Third Party Software provides a correction to the Third Party Software, where the problem is, in NSB’s opinion, in the Third Party Software. 5.1.2. Metropark USA September 21, 2005 5.1.2 Respond to Client’s inquiries pertaining to all Software procedural queries that are not covered in either the available NSB documentation Documentation or associated training. 5.1.3 5.1.3. Fault diagnosis and, where possible, recommendations for corrections, subject to the limitations which may be imposed by contractual restrictions of any Third Party, following the reporting of any Software problem by Client. NSB shall use commercially reasonable efforts to commence investigation of the problem within the Initial Response Time initial response time as defined set forth in Schedule “C” to this Agreement. Diagnosis and resolution of operational problems will generally be carried out remotely.. NSB Software as a Service Agreement Page 6 of 66 February 26, 2008 Boot Barn Inc. 5.1.4 5.1.4. NSB shall apply fixes, maintenance releases and install new releases to a hosted test environment. Client shall have the opportunity to perform regression testing of the fixes, maintenance releases and new releases. Client has shall be provided with at least thirty days (30) days from the date on which it is notified by NSB that the fix, maintenance release or new release has been applied to notify NSB in writing of any issuesissues or concerns. Failure by Client to notify NSB in writing within such period shall be construed as deemed acceptance and NSB shall have sole discretion to apply said fixes, maintenance releases and the new releases to the live production environment. Notwithstanding the foregoing, fixes may be applied directly to the live production environment where NSB deems that to do so would be appropriate under the circumstances. 5.1.5 5.1.5. Provide to Client new releases to the NSB Software including Documentation if available, on the condition that these new releases are compatible with Client’s Desktop Computers. New releases shall not include any options, future products, or new versions of the same product previously licensed by Client which NSB licenses to its clients generally at additional cost and/or under separate agreement. Client shall be charged on a time and materials basis of for training and other services rendered by NSB in connection with the new releases. It will be Client’s obligation to attend training classes at NSB Montreal Montreal, via web conference or Client’s location, as designated by NSB. 5.1.6. Provide to Client one copy per store of the new Store software releases, maintenance releases and fixes that are generally made available by NSB to its clients, including Documentation (if applicable), on the condition that these releases and fixes are compatible with Client’s POS Equipment. New releases shall not include any options, future products, or new versions of the same product previously licensed by Client which NSB licenses to its clients generally at additional cost or under separate agreement. Client shall be charged on a time and materials basis for training and any other services rendered by NSB to Client in connection with the new Store Software releases. It will be Client’s obligation to attend training classes at NSB Montreal, via web conference or Client’s location, as designated by NSB. Client and/or Client’s store personnel shall work with NSB to deploy and install new POS software releases, maintenance releases and fixes. 5.1.7. In addition to supporting the current release of the Store Software, NSB will support all releases that have been delivered to Client within the preceding year. For greater clarity, NSB shall support the current shipping release and one previous release. NSB shall have no obligation to provide support if Client does not comply with the foregoing. NSB Software as a Service Agreement Page 7 of 66 February 26, 2008 Boot Barn Inc.

Software Support and Maintenance. NSB will use its commercially reasonable efforts to provide the following Software Support and Maintenance Services: 5.1.1 5.1.1. Support and assistance on technical operation operational issues and application support to Client’s head office designates as it pertains to the Hosted Applications, and direct to Client’s store personnel for the Store Software, during the Maintenance Period. Such support may be provided using remote access to either Client’s desktops, registers or to the Hosted Applications. All Software problem reports will be acknowledged by NSB by reference number. NSB will attempt to generate a correction by modifying the NSB Software, where applicable, and incorporating the modifications in the next Software Release to obviate or mitigate the effect of the defect and to use its commercially reasonable efforts to ensure that the owner of any Third Party Software provides a correction to the Third Party Software, where the problem is, in NSB’s opinion, in the Third Party Software. 5.1.2. Metropark USA September 21, 2005 5.1.2 Respond to Client’s inquiries pertaining to all Software procedural queries that are not covered in either the available NSB documentation Documentation or associated training. 5.1.3 5.1.3. Fault diagnosis and, where possible, recommendations for corrections, subject to the limitations which may be imposed by contractual restrictions of any Third Party, following the reporting of any Software problem by Client. NSB shall use commercially reasonable efforts to commence investigation of the problem within the Initial Response Time initial response time as defined set forth in Schedule “C” to this Agreement. Diagnosis and resolution of operational problems will generally be carried out remotely.. Boot Barn Inc. 5.1.4 5.1.4. NSB shall apply fixes, maintenance releases and install new releases to a hosted test environment. Client shall have the opportunity to perform regression testing of the fixes, maintenance releases and new releases. Client has shall be provided with at least thirty days (30) days from the date on which it is notified by NSB that the fix, maintenance release or new release has been applied to notify NSB in writing of any issuesissues or concerns. Failure by Client to notify NSB in writing within such period shall be construed as deemed acceptance and NSB shall have sole discretion to apply said fixes, maintenance releases and the new releases to the live production environment. Notwithstanding the foregoing, fixes may be applied directly to the live production environment where NSB deems that to do so would be appropriate under the circumstances. 5.1.5 5.1.5. Provide to Client new releases to the NSB Software including Documentation if available, on the condition that these new releases are compatible with Client’s Desktop Computers. New releases shall not include any options, future products, or new versions of the same product previously licensed by Client which NSB licenses to its clients generally at additional cost and/or under separate agreement. Client shall be charged on a time and materials basis of for training and other services rendered by NSB in connection with the new releases. It will be Client’s obligation to attend training classes at NSB Montreal Montreal, via web conference or Client’s location, as designated by NSB. 5.1.6. Provide to Client one copy per store of the new Store software releases, maintenance releases and fixes that are generally made available by NSB to its clients, including Documentation (if applicable), on the condition that these releases and fixes are compatible with Client’s POS Equipment. New releases shall not include any options, future products, or new versions of the same product previously licensed by Client which NSB licenses to its clients generally at additional cost or under separate agreement. Client shall be charged on a time and materials basis for training and any other services rendered by NSB to Client in connection with the new Store Software releases. It will be Client’s obligation to attend training classes at NSB Montreal, via web conference or Client’s location, as designated by NSB. Client and/or Client’s store personnel shall work with NSB to deploy and install new POS software releases, maintenance releases and fixes. Boot Barn Inc. 5.1.7. In addition to supporting the current release of the Store Software, NSB will support all releases that have been delivered to Client within the preceding year. For greater clarity, NSB shall support the current shipping release and one previous release. NSB shall have no obligation to provide support if Client does not comply with the foregoing. Boot Barn Inc.

Software Support and Maintenance. 5.1. Software Support and Maintenance. NSB will use its commercially reasonable efforts to provide the following Software Support and Maintenance Services: 5.1.1 5.1.1. Support and assistance on technical operation operational issues and application support to Client’s head office designates as it pertains to the Hosted Applications, and direct to Client’s store personnel for the Store Software, during the Maintenance Period. Such support may be provided using remote access to either Client’s desktops, registers or to the Hosted Applications. All Software problem reports will be acknowledged by NSB by reference number. NSB will attempt to generate a correction by modifying the NSB Software, where applicable, and incorporating the modifications in the next Software Release to obviate or mitigate the effect of the defect and to use its commercially reasonable efforts to ensure that the owner of any Third Party Software provides a correction to the Third Party Software, where the problem is, in NSB’s opinion, in the Third Party Software. 5.1.2. Metropark USA September 21, 2005 5.1.2 Respond to Client’s inquiries pertaining to all Software procedural queries that are not covered in either the available NSB documentation Documentation or associated training. 5.1.3 5.1.3. Fault diagnosis and, where possible, recommendations for corrections, subject to the limitations which may be imposed by contractual restrictions of any Third Party, following the reporting of any Software problem by Client. NSB shall use commercially reasonable efforts to commence investigation of the problem within the Initial Response Time initial response time as defined set forth in Schedule “C” to this Agreement. Diagnosis and resolution of operational problems will generally be carried out remotely.. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] NSB Software as a Service Agreement Page 7 of 46 February 26, 2008 Boot Barn Inc. 5.1.4 5.1.4. NSB shall apply fixes, maintenance releases and install new releases to a hosted test environment. Client shall have the opportunity to perform regression testing of the fixes, maintenance releases and new releases. Client has shall be provided with at least thirty days (30) days from the date on which it is notified by NSB that the fix, maintenance release or new release has been applied to notify NSB in writing of any issuesissues or concerns. Failure by Client to notify NSB in writing within such period shall be construed as deemed acceptance and NSB shall have sole discretion to apply said fixes, maintenance releases and the new releases to the live production environment. Notwithstanding the foregoing, fixes may be applied directly to the live production environment where NSB deems that to do so would be appropriate under the circumstances. 5.1.5 5.1.5. Provide to Client new releases to the NSB Software including Documentation if available, on the condition that these new releases are compatible with Client’s Desktop Computers. New releases shall not include any options, future products, or new versions of the same product previously licensed by Client which NSB licenses to its clients generally at additional cost and/or under separate agreement. Client shall be charged on a time and materials basis of for training and other services rendered by NSB in connection with the new releases. It will be Client’s obligation to attend training classes at NSB Montreal Montreal, via web conference or Client’s location, as designated by NSB. 5.1.6. Provide to Client one copy per store of the new Store software releases, maintenance releases and fixes that are generally made available by NSB to its clients, including Documentation (if applicable), on the condition that these releases and fixes are compatible with Client’s POS Equipment. New releases shall not include any options, future products, or new versions of the same product previously licensed by Client which NSB licenses to its clients generally at additional cost or under separate agreement. Client shall be charged on a time and materials basis for training and any other services rendered by NSB to Client in connection with the new Store Software releases. It will be Client’s obligation to attend training classes at NSB Montreal, via web conference or Client’s location, as designated by NSB. Client and/or Client’s store personnel shall work with NSB to deploy and install new POS software releases, maintenance releases and fixes. NSB Software as a Service Agreement Page 8 of 46 February 26, 2008 Boot Barn Inc. 5.1.7. In addition to supporting the current release of the Store Software, NSB will support all releases that have been delivered to Client within the preceding year. For greater clarity, NSB shall support the current shipping release and one previous release. NSB shall have no obligation to provide support if Client does not comply with the foregoing. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] NSB Software as a Service Agreement Page 9 of 46 February 26, 2008 Boot Barn Inc.

Software Support and Maintenance. NSB will use its commercially reasonable efforts to provide the following Software Support and Maintenance Services: 5.1.1 Support and assistance on technical operation issues and application support to Client’s head office designates as it pertains to the Hosted Applications, and direct to Client’s store personnel for the Store Software, during the Maintenance Period. Such support may be provided using remote access to either Client’s desktops, registers or to the Hosted Applications. All Software problem reports will be acknowledged by NSB by reference number. NSB will attempt to generate a correction by modifying the NSB Software, where applicable, and incorporating the modifications in the next Software Release to obviate or mitigate the effect of the defect and to use its commercially reasonable efforts to ensure that the owner of any Third Party Software provides a correction to the Third Party Software, where the problem is, in NSB’s opinion, in the Third Party Software. ***Confidential Treatment Requested NSB Connected Retailer Managed Service Agreement Page 4 of 49 Metropark USA September 21, 2005 5.1.2 Respond to Client’s inquiries pertaining to all Software procedural queries that are not covered in either the available NSB documentation or associated training. 5.1.3 Fault diagnosis and, where possible, recommendations for corrections, subject to the limitations which may be imposed by contractual restrictions of any Third Party, following the reporting of any Software problem by Client. NSB shall use commercially reasonable efforts to commence investigation of the problem within the Initial Response Time as defined in Schedule “C” to this Agreement. Diagnosis and resolution of operational problems will generally be carried out remotely. 5.1.4 NSB shall apply fixes, maintenance releases and new releases to a hosted test environment. Client shall perform regression testing of the fixes, maintenance releases and new releases. Client has thirty days (30) from the date on which it is notified by NSB that the fix, maintenance release or new release has been applied to notify NSB in writing of any issues. Failure by Client to notify NSB in writing within such period shall be construed as deemed acceptance and NSB shall have sole discretion to apply said fixes, maintenance releases and new releases to the live production environment. Notwithstanding the foregoing, fixes may be applied directly to the live production environment where NSB deems that to do so would be appropriate under the circumstances. 5.1.5 Provide to Client new releases to the NSB Software including Documentation if available, on the condition that these new releases are compatible with Client’s Desktop Computers. New releases shall not include any options, future products, or new versions of the same product previously licensed by Client which NSB licenses to its clients generally at additional cost and/or under separate agreement. Client shall be charged on a time and materials basis of training and other services rendered by NSB in connection with the new releases. It will be Client’s obligation to attend training classes at NSB Montreal or Client’s location, as designated by NSB.