Common use of Software Updates and Upgrades Clause in Contracts

Software Updates and Upgrades. Miraclon shall not be responsible for any hardware upgrades that are necessary with regard to the Software Updates and Software Upgrades. 11.3.2.5 Relocation of the Equipment. Any Equipment under a Support Plan or Software Support License that is moved to a different location at the Site, or to a different Customer site, shall be eligible for Support Services under the Support Plan or Software Support License if (i) the Customer gives Miraclon reasonable prior written notice of the Customer’s intent to move such Equipment, (ii) Miraclon agrees to provide support at the new Customer site and (iii) Miraclon is given the opportunity to supervise and inspect the Equipment during the de-installation, packing, unpacking and reinstallation of the Equipment to ensure that the Equipment is in proper working condition following the relocation; Miraclon’s actions cannot be interpreted as providing any guarantee for the Equipment. The Customer is responsible for all relocation and associated costs. 12 Cancellation of services pertaining to the Equipment and the Software.

Software Updates and Upgrades. Miraclon shall not be responsible for any hardware upgrades that are necessary with regard to the Software Updates and Software Upgrades. 11.3.2.5 11.3.2.5. Relocation of the Equipment. Any Equipment under a Support Plan or Software Support License that is moved to a different location at the Site, or to a different Customer site, shall be eligible for Support Services under the Support Plan or Software Support License if (i) the Customer gives Miraclon reasonable prior written notice of the Customer’s intent to move such Equipment, (ii) Miraclon agrees to provide support at the new Customer site and (iii) Miraclon is given the opportunity to supervise and inspect the Equipment during the de-de- installation, packing, unpacking and reinstallation of the Equipment to ensure that the Equipment is in proper working condition following the relocation; Miraclon’s actions cannot be interpreted as providing any guarantee for the Equipment. The Customer is responsible for all relocation and associated costs. 12 Cancellation of services pertaining to the Equipment and the Software.