Common use of Support and Maintenance Clause in Contracts

Support and Maintenance. ELPICAL offers multiple optional “Maintenance & Support Package(s)” (“MSP”) for the version of Software product edition that you have licensed, which you may elect to purchase in addition to your Software license. The Support Period, hereinafter defined, covered by such MSP shall be delineated at such time as you elect to purchase a MSP. Your rights with respect to support and maintenance as well as your upgrade eligibility depend on your decision to purchase MSP and the level of MSP that you have purchased: (a) If you have not purchased MSP, you will receive the Software AS IS and will not receive any maintenance releases or updates. However, ELPICAL, at its option and in its sole discretion on a case by case basis, may decide to offer maintenance releases to you as a courtesy, but these maintenance releases will not include any new features in excess of the feature set at the time of your purchase of the Software. In addition, ELPICAL will provide free technical support to you for thirty (30) days after the date of your purchase (the “Support Period” for the purposes of this paragraph a), and ELPICAL, in its sole discretion on a case by case basis, may also provide free courtesy technical support during your thirty (30)-day evaluation period. Technical support is provided via a Web-based support form only, and there is no guaranteed response time. (b) If you have purchased MSP, then solely for the duration of its delineated Support Period, you are eligible to receive the version of the Software edition that you have licensed and all maintenance releases and updates for that edition that are released during your Support Period. For the duration of your MSP’s Support Period, you will also be eligible to receive upgrades to the comparable edition of the next version of the Software that succeeds the Software edition that you have licensed for applicable upgrades released during your Support Period. The specific upgrade edition that you are eligible to receive based on your Support Period is further detailed in the MSP that you have purchased. Software that is introduced as separate product is not included in MSP. Maintenance releases, updates and upgrades may or may not include additional features. In addition, ELPICAL will provide Priority Technical Support to you for the duration of the Support Period. Priority Technical Support is provided via a Web-based support form only, and ELPICAL will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during ELPICAL’s business hours (MO-FR, 8:30am CET – 5pm CET, Dutch and US holidays excluded) and to make reasonable efforts to provide work-arounds to errors reported in the Software. During the Support Period you may also report any Software problem or error to ELPICAL. If ELPICAL determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, ELPICAL agrees to use reasonable commercial efforts to correct or provide a usable work-around solution in an upcoming maintenance release or update, which is made available at certain times at ELPICAL’s sole discretion. If ELPICAL, in its discretion, requests written verification of an error or malfunction discovered by you or requests supporting example files that exhibit the Software problem, you shall promptly provide such verification or files, by email, telecopy, or overnight mail, setting forth in reasonable detail the respects in which the Software fails to perform. You shall use reasonable efforts to cooperate in diagnosis or study of errors. ELPICAL may include error corrections in maintenance releases, updates, or new major releases of the Software. ELPICAL is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software. Whether or not you have purchased the Support & Maintenance Package, technical support only covers issues or questions resulting directly out of the operation of the Software and ELPICAL will not provide you with generic consultation, assistance, or advice under any circumstances. Updating Software may require the updating of software not covered by this Software License Agreement before installation. Updates of the operating system and application software not specifically covered by this Software License Agreement are your responsibility and will not be provided by ELPICAL under this Software License Agreement. ELPICAL’s obligations under this Section 6 are contingent upon your proper use of the Software and your compliance with the terms and conditions of this Software License Agreement at all times. ELPICAL shall be under no obligation to provide the above technical support if, in ELPICAL’s opinion, the Software has failed due to the following conditions: (i) damage caused by the relocation of the software to another location or CPU; (ii) alterations, modifications or attempts to change the Software without ELPICAL’s written approval; (iii) causes external to the Software, such as natural disasters, the failure or fluctuation of electrical power, or computer equipment failure; (iv) your failure to maintain the Software at ELPICAL’s specified release level; or (v) use of the Software with other software without ELPICAL’s prior written approval. It will be your sole responsibility to: (i) comply with all ELPICAL-specified operating and troubleshooting procedures and then notify ELPICAL immediately of Software malfunction and provide ELPICAL with complete information thereof; (ii) provide for the security of your confidential information; (iii) establish and maintain backup systems and procedures necessary to reconstruct lost or altered files, data or programs.

Support and Maintenance. ELPICAL offers multiple optional “Maintenance & Support Package(s)” (“MSP”) for 4.1. Subject to the version other provisions of Software product edition that you have licensedthis Agreement, which you may elect to purchase in addition to your Software license. The Support Period, hereinafter defined, covered by such MSP shall be delineated at such time as you elect to purchase a MSP. Your rights with respect to support and maintenance as well as your upgrade eligibility depend on your decision to purchase MSP and the level of MSP that you have purchased: (a) If you have not purchased MSP, you will receive the Software AS IS and will not receive any maintenance releases or updates. However, ELPICAL, at its option and in its sole discretion on a case by case basis, may decide to offer maintenance releases to you as a courtesy, but these maintenance releases will not include any new features in excess of the feature set at the time of your purchase of the Software. In addition, ELPICAL Medialooks will provide free technical support to you for thirty (30) days after the date of your purchase (the “Support Period” for the purposes of this paragraph a)with email support, and ELPICALmay provide you with updates and bug fixes, in its sole discretion on a case by case basis, may also provide free courtesy technical support connection with commercially licensed Products during your thirty (30)-day evaluation period. Technical support is provided via a Web-based support form only, and there is no guaranteed response time. (b) If you have purchased MSP, then solely for the duration of its delineated Support Period, you are eligible to receive the version of the Software edition that you have licensed and all maintenance releases and updates for that edition that are released during your Support Period. For the duration of your MSP’s Support Period, you will also be eligible to receive upgrades Period applicable to the comparable edition of the next version of the Software that succeeds the Software edition that you have licensed for applicable upgrades released during your Support Period. The specific upgrade edition that you are eligible to receive based on your Support Period is further detailed in the MSP that license or subscription you have purchased. Software that Medialooks uses good faith efforts to address all known issues, but cannot make any warranty or guarantee on release schedules, release level updates or whether any release will be error-free and cure the known issue it was developed to address. Unless otherwise indicated in Exhibit A, (a) Licensed Products licensed under an annual (or other term) license will be supported for the term of the license subscription, and (b) Licensed Products licensed under a perpetual license will be supported for the period of your most recent paid support subscription. 4.2. Support for the Product covered by this License is introduced as separate product is not included in MSPavailable through the Medialooks support case management system or via email. Maintenance releases, updates and upgrades You may or may not include additional featuresfile a support case at the Support section of our website. In addition, ELPICAL A case number will provide Priority Technical Support be assigned to you for the duration and your request will be answered by an authorized support representative of the Support Period. Priority Technical Support is provided via a Web-based support form only, and ELPICAL will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during ELPICAL’s business hours (MO-FR, 8:30am CET – 5pm CET, Dutch and US holidays excluded) and to make reasonable efforts to provide work-arounds to errors reported in the Software. During the Support Period you may also report any Software problem or error to ELPICAL. If ELPICAL determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, ELPICAL agrees to use reasonable commercial efforts to correct or provide a usable work-around solution in an upcoming maintenance release or update, which is made available at certain times at ELPICAL’s sole discretion. If ELPICAL, in its discretion, requests written verification of an error or malfunction discovered by you or requests supporting example files that exhibit the Software problem, you shall promptly provide such verification or files, by email, telecopy, or overnight mail, setting forth in reasonable detail the respects in which the Software fails to performMedialooks. 4.3. You shall use reasonable efforts may request additional consulting, development, maintenance and support services from Medialooks at any time. Fees are available by quotation and are subject to cooperate in diagnosis or study of errorschange without notice. ELPICAL may include error corrections in maintenance releasesSuch additional services are not provided under this License, updatesbut are furnished pursuant to a separate written agreement. Please contact us at ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ for pricing, or new major releases of the Softwareterms and further information about such services. 4.4. ELPICAL is not obligated to fix errors We require that are immaterial. Immaterial errors are those you maintain at least one working email address so that do not significantly impact use of the Software. Whether or not you have purchased the Support & Maintenance Package, technical support only covers issues or questions resulting directly out of the operation of the Software and ELPICAL will not we can provide you with generic consultationinformation about your subscription, assistancerenewal offers, or advice under any circumstances. Updating Software may require the updating of software not covered by this Software License Agreement before installation. Updates of the operating system and application software not specifically covered by this Software License Agreement are your responsibility new features and will not be provided by ELPICAL under this Software License Agreement. ELPICAL’s obligations under this Section 6 are contingent upon your proper use of the Software and your compliance with the terms and conditions of this Software License Agreement at all times. ELPICAL shall be under no obligation to provide the above technical support if, in ELPICAL’s opinion, the Software has failed due fixes to the following conditions: licensed Products. We reserve the right to make occasional cross-promotions to inform you about related products and add-ons. 4.5. Medialooks may stop providing the Products (ior any features within the Products) damage caused by the relocation of the software to another location you or CPU; (ii) alterationsto users generally at Medialooks' sole discretion without prior notice to you, modifications or attempts provided that in such cases Medialooks will continue providing support as set forth in Section 4.1 and as may be more particularly described with respect to change the Software without ELPICAL’s written approval; (iii) causes external any license type. Despite anything else in this License to the Softwarecontrary, such Medialooks shall not have any support or other obligations related to any Product which has reached End of Life. “End of Life” means any Product designated as natural disastersEnd of Life in Medialooks’ sole discretion, the failure or fluctuation of electrical power, or computer equipment failure; (iv) your failure to maintain the Software at ELPICAL’s specified release level; or (v) use of the Software with other software without ELPICAL’s upon not less than 90 days’ prior written approval. It will be your sole responsibility to: (i) comply with all ELPICAL-specified operating and troubleshooting procedures and then notify ELPICAL immediately of Software malfunction and provide ELPICAL with complete information thereof; (ii) provide for the security of your confidential information; (iii) establish and maintain backup systems and procedures necessary notice to reconstruct lost or altered files, data or programsyou.

Support and Maintenance. ELPICAL Altova offers multiple optional “Support C Maintenance & Support Package(s)” (“MSPSMP”) for the version of Software product edition that you have licensed, which you may elect to purchase in addition to your Software is included with the annual license. The Support Period, hereinafter defined, covered by such MSP Period shall be delineated at such time as you elect to purchase a MSPcoincide with the license term. Your rights with respect to support and maintenance as well as your upgrade eligibility depend on your decision to purchase MSP and the level of MSP that you have purchased: (a) If you have not purchased MSP, you will receive the Software AS IS and will not receive any maintenance releases or updates. However, ELPICAL, at its option and in its sole discretion on a case by case basis, may decide to offer maintenance releases to you as a courtesy, but these maintenance releases will not include any new features in excess of the feature set at the time of your purchase of the Software. In addition, ELPICAL will provide free technical support to you for thirty (30) days after the date of your purchase (the “Support Period” for the purposes of this paragraph a), and ELPICAL, in its sole discretion on a case by case basis, may also provide free courtesy technical support during your thirty (30)-day evaluation period. Technical support is provided via a Web-based support form only, and there is no guaranteed response time. (b) If you have purchased MSP, then solely for the duration of its delineated Support PeriodFor an annual software license, you are eligible to receive the version of the Software edition that you have licensed and all maintenance releases and updates for that edition that are released during your Support Period. For the duration of your MSP’s Support Period, you will also be eligible to receive upgrades to the comparable edition of the next version of the Software that succeeds the Software edition that you have licensed for applicable upgrades released during your Support Period. The specific upgrade edition that you are eligible to receive based on your Support Period is further detailed in the MSP that you have purchased. Software that is introduced as separate product is not included in MSP. Maintenance releases, updates and upgrades may or may not include additional features. In addition, ELPICAL Altova will provide Priority Technical Support to you for the duration of the Support Period. Priority Technical Support is provided via a Web-based support form only, only and ELPICAL Altova will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during ELPICALAltova’s business hours (MO-FR, 8:30am CET – 5pm CET, Dutch and US holidays excluded) and to make reasonable efforts to provide work-arounds to errors reported in the Software. During the Support Period you may also report any Software problem or error to ELPICALAltova. If ELPICAL Altova determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, ELPICAL Altova agrees to use reasonable commercial efforts to correct or provide a usable work-around solution in an upcoming maintenance release or update, which is made available at certain times at ELPICALAltova’s sole discretion. If ELPICALAltova, in its discretion, requests written verification of an error or malfunction discovered by you or requests supporting example files that exhibit the Software problem, you shall promptly provide such verification or files, by email, telecopy, or overnight mail, setting forth in reasonable detail the respects in which the Software fails to perform. You shall use reasonable efforts to cooperate in diagnosis or study of errors. ELPICAL Altova may include error corrections in maintenance releases, updates, or new major releases of the Software. ELPICAL Altova is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the SoftwareSoftware as determined by Altova in its sole discretion. Whether or not you have purchased the Support & Maintenance Package, technical Technical support only covers issues or questions resulting directly out of the operation of the Software and ELPICAL Altova will not provide you with generic consultation, assistance, or advice under any circumstances. Updating Software may require the updating of software not covered by this Software License Agreement before installation. Updates of the operating system and application software not specifically covered by this Software License Agreement are your responsibility and will not be provided by ELPICAL Altova under this Software License Agreement. ELPICALAltova’s obligations under this Section 6 are contingent upon your proper use of the Software and your compliance with the terms and conditions of this Software License Agreement at all times. ELPICAL Altova shall be under no obligation to provide the above technical support if, in ELPICAL▇▇▇▇▇▇’s opinion, the Software has failed due to the following conditions: (i) damage caused by the relocation of the software Software to another location or CPU; (ii) alterations, modifications or attempts to change the Software without ELPICALAltova’s written approval; (iii) causes external to the Software, such as natural disasters, the failure or fluctuation of electrical power, or computer equipment failure; (iv) your failure to maintain the Software at ELPICAL’s specified release level; or (v) use of the Software with other software without ELPICAL’s prior written approval. It will be your sole responsibility to: (i) comply with all ELPICAL-specified operating and troubleshooting procedures and then notify ELPICAL immediately of Software malfunction and provide ELPICAL with complete information thereof; (ii) provide for the security of your confidential information; (iii) establish and maintain backup systems and procedures necessary to reconstruct lost or altered files, data or programs.;

Support and Maintenance. ELPICAL offers multiple optional “Maintenance & If you purchased the Deliverables directly from ARM you are entitled to reasonable support and maintenance for the Deliverables for period equal to the shorter of: (i) the term of your licence to the Deliverables (as determined by the sales order and delivery confirmation email) commencing on the date of purchase; (ii) the term of the Licence Key; or (iii) one (1) year, commencing on the date of purchase. Support Package(s)” will be provided on the version of the Deliverable components which, at the date of your support request, is either: (“MSP”a) the current version made generally available by ARM; or (b) the previous version made generally available by ARM at some time during the previous ninety (90) days. ARM is under no obligation to provide any support and maintenance to any third parties under this Licence. Please refer to the Technical Support area of ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇ for contact details for ARM’s support service. Support will be provided by email, telephone, or other written format designated by ARM, prioritised at ARM’s discretion, and may not be used as a substitute for training or as additional resource for your programming projects. If you are receiving the Deliverables as an update, you obtain no rights to, and shall not, install or use the update, as applicable, unless you have first ceased all use of, and deleted your Deliverables for the version of Software product edition the Deliverables that you have licensedare updating or upgrading, which as applicable. Future releases of the Deliverables might introduce backward incompatible changes. Please refer to product documentation for the changes in each release and for guidance about compatibility. If: (i) you may elect to purchase obtained the Deliverables from an ARM authorised reseller or other third party; (ii) the Deliverables were provided free of charge; (iii) it is Academic Software (identified in addition to your Software license. The Support PeriodClause 2); or (iv) it is evaluation Deliverables (identified in Clause 3), hereinafter defined, covered by such MSP shall be delineated at such time as you elect to purchase a MSP. Your rights with respect are not entitled to support and maintenance as well as your upgrade eligibility depend on your decision to purchase MSP and for the level of MSP that you have purchased: (a) If you have not purchased MSPDeliverables from ARM, you will receive the Software AS IS and will not receive any maintenance releases or updates. However, ELPICALbut ARM may, at its option and in its sole discretion on a case by case basis, provide limited support to you. ARM may decide to or may not offer maintenance releases to you as a courtesy, but these maintenance releases will not include any new features in excess of the feature set at the time of your purchase of the Software. In addition, ELPICAL will provide free technical support to you for thirty (30) days after the date Deliverables. If applicable, maintenance will be provided in the form of your purchase (updates and patch releases to the “Support Period” for Deliverables as and when they are made generally available from ARM and it will only be applied to the purposes of this paragraph a), and ELPICAL, in its sole discretion on a case by case basis, may also provide free courtesy technical support during your thirty (30)-day evaluation period. Technical support is provided via a Web-based support form only, and there is no guaranteed response time. (b) If you have purchased MSP, then solely for the duration of its delineated Support Period, you are eligible to receive the most recent version of the Software edition that you have licensed and all maintenance releases and updates for that edition that are released during your Support PeriodDeliverables. For the duration of your MSP’s Support Period, you will also be eligible to receive upgrades to the comparable edition of the next version of the Software that succeeds the Software edition that you have licensed for applicable upgrades released during your Support Period. The specific upgrade edition that you are eligible to receive based on your Support Period is further detailed in the MSP that you have purchased. Software that is introduced as separate product is not included in MSP. Maintenance releases, updates and upgrades may or may not include additional features. In addition, ELPICAL will provide Priority Technical Support to you for the duration of the Support Period. Priority Technical Support is provided via a Web-based support form only, and ELPICAL will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during ELPICAL’s business hours (MO-FR, 8:30am CET – 5pm CET, Dutch and US holidays excluded) and to make reasonable efforts to provide work-arounds to errors reported in the Software. During the Support Period you may also report any Software problem or error to ELPICAL. If ELPICAL determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, ELPICAL agrees to use reasonable commercial efforts to correct or provide a usable work-around solution in an upcoming maintenance release or update, which is made available at certain times at ELPICAL’s sole discretion. If ELPICAL, in its discretion, requests written verification of an error or malfunction discovered by you or requests supporting example files that exhibit the Software problem, you shall promptly provide such verification or files, by email, telecopy, or overnight mail, setting forth in reasonable detail the respects in which the Software fails to perform. You shall use reasonable efforts to cooperate in diagnosis or study of errors. ELPICAL may include error corrections in maintenance releases, updates, or new major releases of the Software. ELPICAL is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software. Whether or not you have purchased the Support & Maintenance Package, technical support only covers issues or questions resulting directly out of the operation of the Software and ELPICAL will not provide you with generic consultation, assistance, or advice under any circumstances. Updating Software may require the updating of software not covered by this Software License Agreement before installation. Updates of the operating system and application software not specifically covered by this Software License Agreement are your responsibility and will not be provided by ELPICAL under this Software License Agreement. ELPICAL’s obligations under this Section 6 are contingent upon your proper use of the Software and your compliance with the terms and conditions of this Software License Agreement at all times. ELPICAL ARM shall be under no obligation to provide the above technical support if, such maintenance in ELPICAL’s opinion, the Software has failed due respect of any modifications (where permitted) to the following conditions: (i) damage caused by Deliverables. Any updates replace the relocation earlier releases of the software to another location or CPU; (ii) alterations, modifications or attempts to change the Software without ELPICAL’s written approval; (iii) causes external to the Software, such as natural disasters, the failure or fluctuation of electrical power, or computer equipment failure; (iv) your failure to maintain the Software at ELPICAL’s specified release level; or (v) use of the Software with other software without ELPICAL’s prior written approval. It will be your sole responsibility to: (i) comply with all ELPICAL-specified operating Deliverables that you are updating and troubleshooting procedures and then notify ELPICAL immediately of Software malfunction and provide ELPICAL with complete information thereof; (ii) provide for the security of your confidential information; (iii) establish and maintain backup systems and procedures necessary to reconstruct lost or altered files, data or programsare not additional copies.

Support and Maintenance. ELPICAL WARP IT offers multiple optional “Support & Maintenance & Support Package(s)” (“MSPSMP”) for the version of Software product edition that you have licensed, which you may elect to purchase in addition to your Software license. The Support Period, hereinafter defined, covered by such MSP SMP shall be delineated at such time as you elect to purchase a MSPSMP. Your rights with respect to support and maintenance as well as your upgrade eligibility depend on your decision to purchase MSP SMP and the level of MSP SMP that you have purchased: (a) If you have not purchased MSPSMP, you will receive the Software AS IS and will not receive any maintenance releases or updates. However, ELPICALWARP IT, at its option and in its sole discretion on a case by case basis, may decide to offer maintenance releases to you as a courtesy, but these maintenance releases will not include any new features in excess of the feature set at the time of your purchase of the Software. In addition, ELPICAL WARP IT will provide free technical support to you for thirty (30) days after the date of your purchase (the “Support Period” for the purposes of this paragraph a), and ELPICALWARP IT, in its sole discretion on a case by case basis, may also provide free courtesy technical support during your thirty (30)-day evaluation period. Technical support is provided via a Web-based support form only, and there is no guaranteed response time. (b) If you have purchased MSPSMP, then solely for the duration of its delineated Support Period, you are eligible to receive the version of the Software edition that you have licensed and all maintenance releases and updates for that edition that are released during your Support Period. For the duration of your MSPSMP’s Support Period, you will also be eligible to receive upgrades to the comparable edition of the next version of the Software that succeeds the Software edition that you have licensed for applicable upgrades released during your Support Period. The specific upgrade edition that you are eligible to receive based on your Support Period is further detailed in the MSP SMP that you have purchased. Software that is introduced as a separate product is not included in MSPSMP. Maintenance releases, updates and upgrades may or may not include additional features. In addition, ELPICAL WARP IT will provide Priority Technical Support to you for the duration of the Support Period. Priority Technical Support is provided via a Web-based support form only, and ELPICAL WARP IT will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during ELPICALWARP IT’s business hours (MOMo-FRFr, 8:30am 8am CET – 56pm CET, Dutch and US German holidays excluded) and to make reasonable efforts to provide work-arounds to errors reported in the Software. During the Support Period you may also report any Software problem or error to ELPICALWARP IT. If ELPICAL WARP IT determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, ELPICAL WARP IT agrees to use reasonable commercial efforts to correct or provide a usable work-around solution in an upcoming maintenance release or update, which is made available at certain times regular intervals at ELPICALWARP IT’s sole discretion. If ELPICALWARP IT, in its discretion, requests written verification of an error or malfunction discovered by you or requests supporting example files that exhibit the Software problem, you shall promptly provide such verification or files, by email, telecopy, or overnight mail, setting forth in reasonable detail the respects in which the Software fails to perform. You shall use reasonable efforts to cooperate in diagnosis or study of errors. ELPICAL WARP IT may include error corrections in maintenance releases, updates, or new major releases of the Software. ELPICAL WARP IT is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software. Whether or not you have purchased the Support & Maintenance Package, technical support only covers issues or questions resulting directly out of the operation of the Software and ELPICAL WARP IT will not provide you with generic consultation, assistance, or advice under any circumstances. Updating Software may require the updating of software not covered by this Software License Agreement before installation. Updates of the operating system and application software not specifically covered by this Software License Agreement are your responsibility and will not be provided by ELPICAL WARP IT under this Software License Agreement. ELPICALWARP IT’s obligations under this Section 6 are contingent upon your proper use of the Software and your compliance with the terms and conditions of this Software License Agreement at all times. ELPICAL WARP IT shall be under no obligation to provide the above technical support if, in ELPICALWARP IT’s opinion, the Software has failed due to the following conditions: (i) damage caused by the relocation of the software to another location or CPU; (ii) alterations, modifications or attempts to change the Software without ELPICALWARP IT’s written approval; (iii) causes external to the Software, such as natural disasters, the failure or fluctuation of electrical power, or computer equipment failure; (iv) your failure to maintain the Software at ELPICALWARP IT’s specified release level; or (v) use of the Software with other software without ELPICALWARP IT’s prior written approval. It will be your sole responsibility to: (i) comply with all ELPICALWARP IT-specified operating and troubleshooting procedures and then notify ELPICAL WARP IT immediately of Software malfunction and provide ELPICAL WARP IT with complete information thereof; (ii) provide for the security of your confidential information; (iii) establish and maintain backup systems and procedures necessary to reconstruct lost or altered files, data or programs.

Support and Maintenance. ELPICAL offers multiple optional “Maintenance & If you purchased the Deliverables directly from ARM you are entitled to reasonable support and maintenance for the Deliverables for period equal to the shorter of: (i) the term of your licence to the Deliverables (as determined by the sales order and delivery confirmation email) commencing on the date of purchase; (ii) the term of the Licence Key; or (iii) one (1) year, commencing on the date of purchase. Support Package(s)” will be provided on the version of the Deliverable components which, at the date of your support request, is either: (“MSP”a) the current version made generally available by ARM; or (b) the previous version made generally available by ARM at some time during the previous ninety (90) days. ARM is under no obligation to provide any support and maintenance to any third parties under this Licence. Please refer to the Technical Support area of ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇ for contact details for ARM’s support service. Support will be provided by email, telephone, or other written format designated by ARM, prioritised at ARM’s discretion, and may not be used as a substitute for training or as additional resource for your programming projects. If you are receiving the Deliverables as an update, you obtain no rights to, and shall not, install or use the update, as applicable, unless you have first ceased all use of, and deleted your Deliverables for the version of Software product edition the Deliverables that you have licensedare updating or upgrading, which as applicable. Future releases of the Deliverables might introduce backward incompatible changes. Please refer to product documentation for the changes in each release and for guidance about compatibility. If: (i) you may elect to purchase obtained the Deliverables from an ARM authorised reseller or other third party; (ii) the Deliverables were provided free of charge; (iii) it is Academic Software (identified in addition to your Software license. The Support PeriodClause 3); or (iv) it is evaluation Deliverables (identified in Clause 3), hereinafter defined, covered by such MSP shall be delineated at such time as you elect to purchase a MSP. Your rights with respect are not entitled to support and maintenance as well as your upgrade eligibility depend on your decision to purchase MSP and the level of MSP that you have purchased: (a) If you have not purchased MSP, you will receive for the Software AS IS and will not receive any maintenance releases or updates. Howeverfrom ARM, ELPICALbut ARM may, at its option and in its sole discretion on a case by case basis, may decide provide limited support to offer maintenance releases to you as a courtesy, but these maintenance releases will not include any new features in excess you. The vendor of the feature set at the time of your purchase of the Software. In addition, ELPICAL will provide free technical Software may or may not offer support to you for thirty (30) days after the date Deliverables. Maintenance will be provided in the form of your purchase (updates and patch releases to the “Support Period” for Deliverables as and when they are made generally available from ARM and it will only be applied to the purposes of this paragraph a), and ELPICAL, in its sole discretion on a case by case basis, may also provide free courtesy technical support during your thirty (30)-day evaluation period. Technical support is provided via a Web-based support form only, and there is no guaranteed response time. (b) If you have purchased MSP, then solely for the duration of its delineated Support Period, you are eligible to receive the most recent version of the Software edition that you have licensed and all maintenance releases and updates for that edition that are released during your Support PeriodDeliverables. For the duration of your MSP’s Support Period, you will also be eligible to receive upgrades to the comparable edition of the next version of the Software that succeeds the Software edition that you have licensed for applicable upgrades released during your Support Period. The specific upgrade edition that you are eligible to receive based on your Support Period is further detailed in the MSP that you have purchased. Software that is introduced as separate product is not included in MSP. Maintenance releases, updates and upgrades may or may not include additional features. In addition, ELPICAL will provide Priority Technical Support to you for the duration of the Support Period. Priority Technical Support is provided via a Web-based support form only, and ELPICAL will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during ELPICAL’s business hours (MO-FR, 8:30am CET – 5pm CET, Dutch and US holidays excluded) and to make reasonable efforts to provide work-arounds to errors reported in the Software. During the Support Period you may also report any Software problem or error to ELPICAL. If ELPICAL determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, ELPICAL agrees to use reasonable commercial efforts to correct or provide a usable work-around solution in an upcoming maintenance release or update, which is made available at certain times at ELPICAL’s sole discretion. If ELPICAL, in its discretion, requests written verification of an error or malfunction discovered by you or requests supporting example files that exhibit the Software problem, you shall promptly provide such verification or files, by email, telecopy, or overnight mail, setting forth in reasonable detail the respects in which the Software fails to perform. You shall use reasonable efforts to cooperate in diagnosis or study of errors. ELPICAL may include error corrections in maintenance releases, updates, or new major releases of the Software. ELPICAL is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software. Whether or not you have purchased the Support & Maintenance Package, technical support only covers issues or questions resulting directly out of the operation of the Software and ELPICAL will not provide you with generic consultation, assistance, or advice under any circumstances. Updating Software may require the updating of software not covered by this Software License Agreement before installation. Updates of the operating system and application software not specifically covered by this Software License Agreement are your responsibility and will not be provided by ELPICAL under this Software License Agreement. ELPICAL’s obligations under this Section 6 are contingent upon your proper use of the Software and your compliance with the terms and conditions of this Software License Agreement at all times. ELPICAL ARM shall be under no obligation to provide the above technical support if, such maintenance in ELPICAL’s opinion, the Software has failed due respect of any modifications (where permitted) to the following conditions: (i) damage caused by Deliverables. Any updates replace the relocation earlier releases of the software to another location or CPU; (ii) alterations, modifications or attempts to change the Software without ELPICAL’s written approval; (iii) causes external to the Software, such as natural disasters, the failure or fluctuation of electrical power, or computer equipment failure; (iv) your failure to maintain the Software at ELPICAL’s specified release level; or (v) use of the Software with other software without ELPICAL’s prior written approval. It will be your sole responsibility to: (i) comply with all ELPICAL-specified operating Deliverables that you are updating and troubleshooting procedures and then notify ELPICAL immediately of Software malfunction and provide ELPICAL with complete information thereof; (ii) provide for the security of your confidential information; (iii) establish and maintain backup systems and procedures necessary to reconstruct lost or altered files, data or programsare not additional copies.

Support and Maintenance. ELPICAL Altova offers multiple optional “Support & Maintenance & Support Package(s)” (“MSPSMP”) for the version of Software product edition that you have licensed, which you may elect to purchase in addition to your Software license. The Support Period, hereinafter defined, covered by such MSP SMP shall be delineated at such time as you elect to purchase a MSPSMP. Your rights with respect to support and maintenance as well as your upgrade eligibility depend on your decision to purchase MSP SMP and the level of MSP SMP that you have purchased: (a) If you have not purchased MSPSMP, you will receive the Software AS IS and will not receive any maintenance releases or updates. However, ELPICALAltova, at its option and in its sole discretion on a case by case basis, may decide to offer maintenance releases to you as a courtesy, but these maintenance releases will not include any new features in excess of the feature set at the time of your purchase of the Software. In addition, ELPICAL Altova will provide free technical support to you for thirty (30) days after the date of your purchase (the “Support Period” for the purposes of this paragraph a6(a), and ELPICALAltova, in its sole discretion on a case by case basis, may also provide free courtesy technical support during your thirty (30)-day 30) day evaluation period. Technical support is provided via a Web-based support form only, and there is no guaranteed response time. (b) If you have purchased MSPSMP, then solely for the duration of its delineated Support Period, you are eligible to receive the version of the Software edition that you have licensed and all maintenance releases and updates for that edition that are released during your Support Period. For the duration of your MSPSMP’s Support Period, you will also be eligible to receive upgrades to the comparable edition of the next version of the Software that succeeds the Software edition that you have licensed for applicable upgrades released during your Support Period. The specific upgrade edition that you are eligible to receive based on your Support Period is further detailed in the MSP SMP that you have purchased. Software that is introduced as separate product is not included in MSPSMP. Maintenance releases, updates and upgrades may or may not include additional features. In addition, ELPICAL Altova will provide Priority Technical Support to you for the duration of the Support Period. Priority Technical Support is provided via a Web-based support form only, only and ELPICAL Altova will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during ELPICALAltova’s business hours (MO-FR, 8:30am CET – 5pm CET, Dutch and US holidays excluded) and to make reasonable efforts to provide work-arounds to errors reported in the Software. During the Support Period you may also report any Software problem or error to ELPICAL. If ELPICAL determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, ELPICAL agrees to use reasonable commercial efforts to correct or provide a usable work-around solution in an upcoming maintenance release or update, which is made available at certain times at ELPICAL’s sole discretion. If ELPICAL, in its discretion, requests written verification of an error or malfunction discovered by you or requests supporting example files that exhibit the Software problem, you shall promptly provide such verification or files, by email, telecopy, or overnight mail, setting forth in reasonable detail the respects in which the Software fails to perform. You shall use reasonable efforts to cooperate in diagnosis or study of errors. ELPICAL may include error corrections in maintenance releases, updates, or new major releases of the Software. ELPICAL is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software. Whether or not you have purchased the Support & Maintenance Package, technical support only covers issues or questions resulting directly out of the operation of the Software and ELPICAL will not provide you with generic consultation, assistance, or advice under any circumstances. Updating Software may require the updating of software not covered by this Software License Agreement before installation. Updates of the operating system and application software not specifically covered by this Software License Agreement are your responsibility and will not be provided by ELPICAL under this Software License Agreement. ELPICAL’s obligations under this Section 6 are contingent upon your proper use of the Software and your compliance with the terms and conditions of this Software License Agreement at all times. ELPICAL shall be under no obligation to provide the above technical support if, in ELPICAL’s opinion, the Software has failed due to the following conditions: (i) damage caused by the relocation of the software to another location or CPU; (ii) alterations, modifications or attempts to change the Software without ELPICAL’s written approval; (iii) causes external to the Software, such as natural disasters, the failure or fluctuation of electrical power, or computer equipment failure; (iv) your failure to maintain the Software at ELPICAL’s specified release level; or (v) use of the Software with other software without ELPICAL’s prior written approval. It will be your sole responsibility to: (i) comply with all ELPICAL-specified operating and troubleshooting procedures and then notify ELPICAL immediately of Software malfunction and provide ELPICAL with complete information thereof; (ii) provide for the security of your confidential information; (iii) establish and maintain backup systems and procedures necessary to reconstruct lost or altered files, data or programs.

Support and Maintenance. ELPICAL Altova offers multiple optional “Support C Maintenance & Support Package(s)” (“MSPSMP”) for the version of Software product edition that you have licensed, which you may elect to purchase in addition to your Software license. The Support Period, hereinafter defined, covered by such MSP SMP shall be delineated at such time as you elect to purchase a MSPSMP. Your rights with respect to support and maintenance as well as your upgrade eligibility depend on your decision to purchase MSP SMP and the level of MSP SMP that you have purchased: (a) If you have not purchased MSPSMP, you will receive the Software AS IS and will not receive any maintenance releases or updates. However, ELPICALAltova, at its option and in its sole discretion on a case by case basis, may decide to offer maintenance releases to you as a courtesy, but these maintenance releases will not include any new features in excess of the feature set at the time of your purchase of the Software. In addition, ELPICAL Altova will provide free technical support to you for thirty (30) days after the date of your purchase (the “Support Period” for the purposes of this paragraph a6(a), and ELPICALAltova, in its sole discretion on a case by case basis, may also provide free courtesy technical support during your thirty (30)-day 30) day evaluation period. Technical support is provided via a Web-based support form only, and there is no guaranteed response time. (b) If you have purchased MSPSMP, then solely for the duration of its delineated Support Period, you are eligible to receive the version of the Software edition that you have licensed and all maintenance releases and updates for that edition that are released during your Support Period. For the duration of your MSPSMP’s Support Period, you will also be eligible to receive upgrades to the comparable edition of the next version of the Software that succeeds the Software edition that you have licensed for applicable upgrades released during your Support Period. The specific upgrade edition that you are eligible to receive based on your Support Period is further detailed in the MSP that you have purchased. Software that is introduced as separate product is not included in MSP. Maintenance releases, updates and upgrades may or may not include additional features. In addition, ELPICAL will provide Priority Technical Support to you for the duration of the Support Period. Priority Technical Support is provided via a Web-based support form only, and ELPICAL will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during ELPICAL’s business hours (MO-FR, 8:30am CET – 5pm CET, Dutch and US holidays excluded) and to make reasonable efforts to provide work-arounds to errors reported in the Software. During the Support Period you may also report any Software problem or error to ELPICAL. If ELPICAL determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, ELPICAL agrees to use reasonable commercial efforts to correct or provide a usable work-around solution in an upcoming maintenance release or update, which is made available at certain times at ELPICAL’s sole discretion. If ELPICAL, in its discretion, requests written verification of an error or malfunction discovered by you or requests supporting example files that exhibit the Software problem, you shall promptly provide such verification or files, by email, telecopy, or overnight mail, setting forth in reasonable detail the respects in which the Software fails to perform. You shall use reasonable efforts to cooperate in diagnosis or study of errors. ELPICAL may include error corrections in maintenance releases, updates, or new major releases of the Software. ELPICAL is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software. Whether or not you have purchased the Support & Maintenance Package, technical support only covers issues or questions resulting directly out of the operation of the Software and ELPICAL will not provide you with generic consultation, assistance, or advice under any circumstances. Updating Software may require the updating of software not covered by this Software License Agreement before installation. Updates of the operating system and application software not specifically covered by this Software License Agreement are your responsibility and will not be provided by ELPICAL under this Software License Agreement. ELPICAL’s obligations under this Section 6 are contingent upon your proper use of the Software and your compliance with the terms and conditions of this Software License Agreement at all times. ELPICAL shall be under no obligation to provide the above technical support if, in ELPICAL’s opinion, the Software has failed due to the following conditions: (i) damage caused by the relocation of the software to another location or CPU; (ii) alterations, modifications or attempts to change the Software without ELPICAL’s written approval; (iii) causes external to the Software, such as natural disasters, the failure or fluctuation of electrical power, or computer equipment failure; (iv) your failure to maintain the Software at ELPICAL’s specified release level; or (v) use of the Software with other software without ELPICAL’s prior written approval. It will be your sole responsibility to: (i) comply with all ELPICAL-specified operating and troubleshooting procedures and then notify ELPICAL immediately of Software malfunction and provide ELPICAL with complete information thereof; (ii) provide for the security of your confidential information; (iii) establish and maintain backup systems and procedures necessary to reconstruct lost or altered files, data or programs.detailed

Support and Maintenance. ELPICAL Altova offers multiple optional “"Support & Maintenance & Support Package(s)” " (“MSP”"SMP") for the version of Software product edition that you have licensed, which you may elect to purchase in addition to your Software license. The Support Period, hereinafter defined, covered by such MSP SMP shall be delineated at such time as you elect to purchase a MSPSMP. Your rights with respect to support and maintenance as well as your upgrade eligibility depend on your decision to purchase MSP SMP and the level of MSP SMP that you have purchased: (a) If you have not purchased MSPSMP, you will receive the Software AS IS and will not receive any maintenance releases or updates. However, ELPICALAltova, at its option and in its sole discretion on a case by case basis, may decide to offer maintenance releases to you as a courtesy, but these maintenance releases will not include any new features in excess of the feature set at the time of your purchase of the Software. In addition, ELPICAL Altova will provide free technical support to you for thirty (30) days after the date of your purchase (the “"Support Period” " for the purposes of this paragraph a), and ELPICALAltova, in its sole discretion on a case by case basis, may also provide free courtesy technical support during your thirty (30)-day evaluation period. Technical support is provided via a Web-based support form only, and there is no guaranteed response time. (b) If you have purchased MSPSMP, then solely for the duration of its delineated Support Period, you are eligible to receive the version of the Software edition that you have licensed and all maintenance releases and updates for that edition that are released during your Support Period. For the duration of your MSPSMP’s Support Period, you will also be eligible to receive upgrades to the comparable edition of the next version of the Software that succeeds the Software edition that you have licensed for applicable upgrades released during your Support Period. The specific upgrade edition that you are eligible to receive based on your Support Period is further detailed in the MSP SMP that you have purchased. Software that is introduced as separate product is not included in MSPSMP. Maintenance releases, updates and upgrades may or may not include additional features. In addition, ELPICAL Altova will provide Priority Technical Support to you for the duration of the Support Period. Priority Technical Support is provided via a Web-Web- based support form only, and ELPICAL Altova will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during ELPICALAltova’s business hours (MO-FR, 8:30am CET 8am UTC – 510pm CETUTC, Dutch Austrian and US holidays excluded) and to make reasonable efforts to provide work-arounds to errors reported in the Software. During the Support Period you may also report any Software problem or error to ELPICALAltova. If ELPICAL Altova determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, ELPICAL Altova agrees to use reasonable commercial efforts to correct or provide a usable work-around solution in an upcoming maintenance release or update, which is made available at certain times at ELPICALAltova’s sole discretion. If ELPICALAltova, in its discretion, requests written verification of an error or malfunction discovered by you or requests supporting example files that exhibit the Software problem, you shall promptly provide such verification or files, by email, telecopy, or overnight mail, setting forth in reasonable detail the respects in which the Software fails to perform. You shall use reasonable efforts to cooperate in diagnosis or study of errors. ELPICAL Altova may include error corrections in maintenance releases, updates, or new major releases of the Software. ELPICAL Altova is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software. Whether or not you have purchased the Support & Maintenance Package, technical support only covers issues or questions resulting directly out of the operation of the Software and ELPICAL Altova will not provide you with generic consultation, assistance, or advice under any circumstances. Updating Software may require the updating of software not covered by this Software License Agreement before installation. Updates of the operating system and application software not specifically covered by this Software License Agreement are your responsibility and will not be provided by ELPICAL Altova under this Software License Agreement. ELPICALAltova’s obligations under this Section 6 are contingent upon your proper use of the Software and your compliance with the terms and conditions of this Software License Agreement at all times. ELPICAL Altova shall be under no obligation to provide the above technical support if, in ELPICALAltova’s opinion, the Software has failed due to the following conditions: (i) damage caused by the relocation of the software to another location or CPU; (ii) alterations, modifications or attempts to change the Software without ELPICALAltova’s written approval; (iii) causes external to the Software, such as natural disasters, the failure or fluctuation of electrical power, or computer equipment failure; (iv) your failure to maintain the Software at ELPICALAltova’s specified release level; or (v) use of the Software with other software without ELPICALAltova’s prior written approval. It will be your sole responsibility to: (i) comply with all ELPICAL-Altova- specified operating and troubleshooting procedures and then notify ELPICAL Altova immediately of Software malfunction and provide ELPICAL Altova with complete information thereof; (ii) provide for the security of your confidential information; (iii) establish and maintain backup systems and procedures necessary to reconstruct lost or altered files, data or programs.

Support and Maintenance. ELPICAL Altova offers multiple optional “Support & Maintenance & Support Package(s)” (“MSPSMP”) for the version of Software product edition that you have licensed, which you may elect to purchase in addition to your Software license. The Support Period, hereinafter defined, covered by such MSP SMP shall be delineated at such time as you elect to purchase a MSPSMP. Your rights with respect to support and maintenance as well as your upgrade eligibility depend on your decision to purchase MSP SMP and the level of MSP SMP that you have purchased: (a) If you have not purchased MSPSMP, you will receive the Software AS IS and will not receive any maintenance releases or updates. However, ELPICALAltova, at its option and in its sole discretion on a case by case basis, may decide to offer maintenance releases to you as a courtesy, but these maintenance releases will not include any new features in excess of the feature set at the time of your purchase of the Software. In addition, ELPICAL Altova will provide free technical support to you for thirty (30) days after the date of your purchase (the “Support Period” for the purposes of this paragraph a), and ELPICALAltova, in its sole discretion on a case by case basis, may also provide free courtesy technical support during your thirty (30)-day evaluation period. Technical support is provided via a Web-based support form only, and there is no guaranteed response time. (b) If you have purchased MSPSMP, then solely for the duration of its delineated Support Period, you are eligible to receive the version of the Software edition that you have licensed and all maintenance releases and updates for that edition that are released during your Support Period. For the duration of your MSPSMP’s Support Period, you will also be eligible to receive upgrades to the comparable edition of the next version of the Software that succeeds the Software edition that you have licensed for applicable upgrades released during your Support Period. The specific upgrade edition that you are eligible to receive based on your Support Period is further detailed in the MSP SMP that you have purchased. Software that is introduced as separate product is not included in MSPSMP. Maintenance releases, updates and upgrades may or may not include additional features. In addition, ELPICAL Altova will provide Priority Technical Support to you for the duration of the Support Period. Priority Technical Support is provided via a Web-based support form only, and ELPICAL Altova will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during ELPICALAltova’s business hours (MO-FR, 8:30am CET 8am UTC – 510pm CETUTC, Dutch Austrian and US holidays excluded) and to make reasonable efforts to provide work-arounds to errors reported in the Software. During the Support Period you may also report any Software problem or error to ELPICALAltova. If ELPICAL Altova determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, ELPICAL Altova agrees to use reasonable commercial efforts to correct or provide a usable work-around solution in an upcoming maintenance release or update, which is made available at certain times at ELPICALAltova’s sole discretion. If ELPICALAltova, in its discretion, requests written verification of an error or malfunction discovered by you or requests supporting example files that exhibit the Software problem, you shall promptly provide such verification or files, by email, telecopy, or overnight mail, setting forth in reasonable detail the respects in which the Software fails to perform. You shall use reasonable efforts to cooperate in diagnosis or study of errors. ELPICAL Altova may include error corrections in maintenance releases, updates, or new major releases of the Software. ELPICAL Altova is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software. Whether or not you have purchased the Support & Maintenance Package, technical support only covers issues or questions resulting directly out of the operation of the Software and ELPICAL Altova will not provide you with generic consultation, assistance, or advice under any circumstances. Updating Software may require the updating of software not covered by this Software License Agreement before installation. Updates of the operating system and application software not specifically covered by this Software License Agreement are your responsibility and will not be provided by ELPICAL Altova under this Software License Agreement. ELPICALAltova’s obligations under this Section 6 are contingent upon your proper use of the Software and your compliance with the terms and conditions of this Software License Agreement at all times. ELPICAL Altova shall be under no obligation to provide the above technical support if, in ELPICALAltova’s opinion, the Software has failed due to the following conditions: (i) damage caused by the relocation of the software to another location or CPU; (ii) alterations, modifications or attempts to change the Software without ELPICALAltova’s written approval; (iii) causes external to the Software, such as natural disasters, the failure or fluctuation of electrical power, or computer equipment failure; (iv) your failure to maintain the Software at ELPICALAltova’s specified release level; or (v) use of the Software with other software without ELPICALAltova’s prior written approval. It will be your sole responsibility to: (i) comply with all ELPICALAltova-specified operating and troubleshooting procedures and then notify ELPICAL Altova immediately of Software malfunction and provide ELPICAL Altova with complete information thereof; (ii) provide for the security of your confidential information; (iii) establish and maintain backup systems and procedures necessary to reconstruct lost or altered files, data or programs.

Support and Maintenance. ELPICAL TopQuadrant offers multiple an optional “TopBraid Support & Maintenance & Support Package(s)package” (“MSPTSM”) for the version of Software product edition that you have licensed, which you may elect to purchase in addition to your Software license. The Support Period, hereinafter defined, covered by such MSP TSM shall be delineated at such time as you elect to purchase a MSPTSM. Your rights with respect to support and maintenance as well as your upgrade eligibility depend on your decision to purchase MSP TSM and the level of MSP that you have purchased: (a) If you have not purchased MSPTSM, you will receive the Software AS IS and will not receive any maintenance releases or updates. However, ELPICALTopQuadrant, at its option and in its sole discretion on a case by case basis, may decide to offer maintenance releases to you as a courtesy, but these maintenance releases will may not include any new features in excess of the feature set at the time of your purchase of the Software. In addition, ELPICAL TopQuadrant will provide free technical support to you for thirty (30) days after the date of your purchase (the “Support Period” for the purposes of this paragraph a), and ELPICALTopQuadrant, in its sole discretion on a case by case basis, may also provide free courtesy technical support during your thirty (30)-day evaluation period. Technical support is provided via a Web-based support form only, email to ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ only and there is no guaranteed response time. (b) If you have purchased MSPTSM, then solely for the duration of its delineated Support Period, you are eligible to receive the version of the Software edition that you have licensed and all maintenance releases and minor updates for that edition that are released during your Support Period. For the duration of your MSPTSM’s Support Period, you will also be eligible to receive at a 50% discount (from the regular commercial price at that time for the number of licenses you hold) major upgrades to the comparable edition of the next version of the Software that succeeds the Software edition that you have licensed for applicable upgrades released during your Support Period. The specific upgrade edition that you are eligible to receive based on your Support Period is further detailed in the MSP TSM that you have purchased. Software that is introduced as separate product is not included in MSPTSM. Maintenance releases, updates and upgrades may or may not include additional features. In addition, ELPICAL TopQuadrant will provide Priority Technical Support to you for the duration of the Support Period. Priority Technical Support is provided via a Web-based support form email to ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ only, and ELPICAL TopQuadrant will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during ELPICAL’s business hours (MO-FR, 8:30am CET – 5pm CET, Dutch and US holidays excluded) and to make reasonable efforts to provide work-arounds to errors reported in the Software. During the Support Period you may also report any Software problem or error to ELPICAL. If ELPICAL determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, ELPICAL agrees to use reasonable commercial efforts to correct or provide a usable work-around solution in an upcoming maintenance release or update, which is made available at certain times at ELPICAL’s sole discretion. If ELPICAL, in its discretion, requests written verification of an error or malfunction discovered by you or requests supporting example files that exhibit the Software problem, you shall promptly provide such verification or files, by email, telecopy, or overnight mail, setting forth in reasonable detail the respects in which the Software fails to perform. You shall use reasonable efforts to cooperate in diagnosis or study of errors. ELPICAL may include error corrections in maintenance releases, updates, or new major releases of the Software. ELPICAL is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software. Whether or not you have purchased the Support & Maintenance Package, technical support only covers issues or questions resulting directly out of the operation of the Software and ELPICAL will not provide you with generic consultation, assistance, or advice under any circumstances. Updating Software may require the updating of software not covered by this Software License Agreement before installation. Updates of the operating system and application software not specifically covered by this Software License Agreement are your responsibility and will not be provided by ELPICAL under this Software License Agreement. ELPICAL’s obligations under this Section 6 are contingent upon your proper use of the Software and your compliance with the terms and conditions of this Software License Agreement at all times. ELPICAL shall be under no obligation to provide the above technical support if, in ELPICAL’s opinion, the Software has failed due to the following conditions: (i) damage caused by the relocation of the software to another location or CPU; (ii) alterations, modifications or attempts to change the Software without ELPICAL’s written approval; (iii) causes external to the Software, such as natural disasters, the failure or fluctuation of electrical power, or computer equipment failure; (iv) your failure to maintain the Software at ELPICAL’s specified release level; or (v) use of the Software with other software without ELPICAL’s prior written approval. It will be your sole responsibility to: (i) comply with all ELPICAL-specified operating and troubleshooting procedures and then notify ELPICAL immediately of Software malfunction and provide ELPICAL with complete information thereof; (ii) provide for the security of your confidential information; (iii) establish and maintain backup systems and procedures necessary to reconstruct lost or altered files, data or programs.eight