Common use of Support and Maintenance Clause in Contracts

Support and Maintenance. Altova offers “Support C Maintenance Package(s)” (“SMP”) for the Software that you have licensed, which is included with the annual license. The Support Period shall coincide with the license term. For 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. Maintenance releases, updates and upgrades may or may not include additional features. 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 Altova will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during Altova’s business hours 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 Altova. If Altova determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, 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 Altova’s sole discretion. If Altova, 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. Altova may include error corrections in maintenance releases, updates, or new major releases of the Software. Altova is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software as determined by Altova in its sole discretion. Technical support only covers issues or questions resulting directly out of the operation of the Software and 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 Agreement before installation. Updates of the operating system and application software not specifically covered by this Agreement are your responsibility and will not be provided by Altova under this Agreement. Altova’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 Agreement at all times. Altova shall be under no obligation to provide the above technical support if, in Xxxxxx’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 Altova’s written approval; (iii) causes external to the Software, such as natural disasters, the failure or fluctuation of electrical power, or computer equipment failure;

Support and Maintenance. Altova ELPICAL offers multiple optional “Maintenance & Support C Maintenance Package(s)” (“SMPMSP”) for the version of Software product edition that you have licensed, which is included with the annual you may elect to purchase in addition to your Software license. The Support Period Period, hereinafter defined, covered by such MSP shall coincide 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 license termlevel 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. For an annual software licenseHowever, 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. Altova 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 only, and Altova ELPICAL will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during AltovaELPICAL’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 AltovaELPICAL. If Altova ELPICAL determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, Altova 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 AltovaELPICAL’s sole discretion. If AltovaELPICAL, 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. Altova ELPICAL may include error corrections in maintenance releases, updates, or new major releases of the Software. Altova ELPICAL is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software as determined by Altova in its sole discretionSoftware. Technical 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 Altova 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 Altova ELPICAL under this Software License Agreement. AltovaELPICAL’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. Altova ELPICAL shall be under no obligation to provide the above technical support if, in XxxxxxELPICAL’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 AltovaELPICAL’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. Altova offers “Support C & Maintenance Package(s)” (“SMP”) for the Software that you have licensed, which is included with the annual license. The Support Period shall coincide with the license term. For 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. Maintenance releases, updates and upgrades may or may not include additional features. 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 Altova will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during Altova’s business hours 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 Altova. If Altova determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, 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 Altova’s sole discretion. If Altova, 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. Altova may include error corrections in maintenance releases, updates, or new major releases of the Software. Altova is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software as determined by Altova in its sole discretion. Technical support only covers issues or questions resulting directly out of the operation of the Software and 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 Agreement before installation. Updates of the operating system and application software not specifically covered by this Agreement are your responsibility and will not be provided by Altova under this Agreement. Altova’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 Agreement at all times. Altova shall be under no obligation to provide the above technical support if, in XxxxxxAltova’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 Altova’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 Altova’s specified release level; or (v) use of the Software with other software without Altova’s prior written approval. It will be your sole responsibility to: (i) comply with all Altova- specified operating and troubleshooting procedures and then notify Altova immediately of Software malfunction and provide 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. Altova offers “Support C Maintenance Package(s)” (“SMP”) The license The Developer has purchased DOES NOT include updates and support for the Software that you have licensed, which is included with the annual licenseSoftware. The Support Period shall coincide with the license termCompany requires an ADDITIONAL payment for software update support services. For 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. Maintenance releases, updates and upgrades may or may not include additional features. Altova After being paid The Company will provide Priority Technical Support best effort technical support to you The Developer for the duration of the Support Period. Priority Technical Support is provided via a Web-based Period defined at the time of the support form only and Altova will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during Altova’s business hours and to make reasonable efforts to provide work-arounds to errors reported in the Softwareservices payment. During the Support Period you The Developer may also report any Software problem or error to AltovaThe Company. If Altova The Company determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, Altova The Company 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 AltovaThe Company’s sole discretion. If AltovaThe Company, in its discretion, requests written verification of an error or malfunction discovered by you The Developer or requests supporting example files that exhibit the Software problem, you The Developer 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 The Developer shall use reasonable efforts to cooperate in diagnosis or study of errors. Altova The Company may include error corrections in maintenance releases, updates, or new major releases of the Software. Altova The Company is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software as determined by Altova The Company in its sole discretion. Technical support only covers issues or questions resulting directly out of the operation of the Software and Altova The Company will not provide you The Developer with generic consultation, assistance, or advice under any circumstances. Updating Software may require the updating of software not covered by this Agreement before installation. Updates of the operating system and application software not specifically covered by this Agreement are your responsibility and will not be provided by Altova The Company under this Agreement. Altova’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 Agreement at all times. Altova The Company shall be under no obligation to provide the above technical support if, in XxxxxxThe Company’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 AltovaThe Company’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 The Company’s specified release level; or (v) use of the Software with other software without The Company’s prior written approval. It will be your sole responsibility to: (i) comply with all The Company-specified operating and troubleshooting procedures and then notify The Company immediately of Software malfunction and provide The Company 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. Altova offers “Support C & Maintenance Package(s)” (“SMP”) for the Software that you have licensed, which is included with the annual license. The Support Period shall coincide with the license term. For 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. Maintenance releases, updates and upgrades may or may not include additional features. 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 Altova will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during Altova’s business hours 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 Altova. If Altova determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, Altova Xxxxxx 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 Altova’s sole discretion. If Altova, 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. Altova may include error corrections in maintenance releases, updates, or new major releases of the Software. Altova Xxxxxx is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software as determined by Altova in its sole discretion. Technical support only covers issues or questions resulting directly out of the operation of the Software and 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 Agreement before installation. Updates of the operating system and application software not specifically covered by this Agreement are your responsibility and will not be provided by Altova under this Agreement. Altova’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 Agreement at all times. Altova shall be under no obligation to provide the above technical support if, in Xxxxxx’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 AltovaXxxxxx’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 Altova’s specified release level; or (v) use of the Software with other software without Altova’s prior written approval. It will be your sole responsibility to: (i) comply with all Altova-specified operating and troubleshooting procedures and then notify Altova immediately of Software malfunction and provide 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. Altova offers “multiple optional "Support C & Maintenance Package(s)” " (“"SMP”") for the version of Software product edition that you have licensed, which is included with the annual you may elect to purchase in addition to your Software license. The Support Period Period, hereinafter defined, covered by such SMP shall coincide be delineated at such time as you elect to purchase a SMP. Your rights with respect to support and maintenance as well as your upgrade eligibility depend on your decision to purchase SMP and the license termlevel of SMP that you have purchased: (a) If you have not purchased SMP, you will receive the Software AS IS and will not receive any maintenance releases or updates. For an annual software licenseHowever, Altova, 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, 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 Altova, 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 SMP, 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 SMP’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 SMP that you have purchased. Software that is introduced as separate product is not included in SMP. Maintenance releases, updates and upgrades may or may not include additional features. In addition, 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 only, and Altova will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during Altova’s business hours (MO-FR, 8am UTC – 10pm UTC, 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 Altova. If Altova determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, 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 Altova’s sole discretion. If Altova, 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. Altova may include error corrections in maintenance releases, updates, or new major releases of the Software. Altova is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software as determined by Altova in its sole discretionSoftware. Technical 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 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 Altova under this Software License Agreement. Altova’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. Altova shall be under no obligation to provide the above technical support if, in XxxxxxAltova’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 Altova’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 Altova’s specified release level; or (v) use of the Software with other software without Altova’s prior written approval. It will be your sole responsibility to: (i) comply with all Altova- specified operating and troubleshooting procedures and then notify Altova immediately of Software malfunction and provide 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. Altova offers multiple optional “Support C & Maintenance Package(s)” (“SMP”) for the version of Software product edition that you have licensed, which is included with the annual you may elect to purchase in addition to your Software license. The Support Period Period, hereinafter defined, covered by such SMP shall coincide be delineated at such time as you elect to purchase a SMP. Your rights with respect to support and maintenance as well as your upgrade eligibility depend on your decision to purchase SMP and the license termlevel of SMP that you have purchased: (a) If you have not purchased SMP, you will receive the Software AS IS and will not receive any maintenance releases or updates. For an annual software licenseHowever, Altova, 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, 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 Altova, 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 SMP, 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 SMP’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 SMP that you have purchased. Software that is introduced as separate product is not included in SMP. Maintenance releases, updates and upgrades may or may not include additional features. In addition, 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 Altova will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during Altova’s business hours (MO-FR, 8am UTC – 10pm UTC, 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 Altova. If Altova determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, 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 Altova’s sole discretion. If Altova, 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. Altova may include error corrections in maintenance releases, updates, or new major releases of the Software. Altova is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software as determined by Altova in its sole discretionSoftware. Technical 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 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 Altova under this Software License Agreement. Altova’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. Altova shall be under no obligation to provide the above technical support if, in XxxxxxAltova’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 Altova’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 Altova’s specified release level; or (v) use of the Software with other software without Altova’s prior written approval. It will be your sole responsibility to: (i) comply with all Altova-specified operating and troubleshooting procedures and then notify Altova immediately of Software malfunction and provide 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. Altova offers “Support C & Maintenance Package(s)” (“SMP”) for the Software that you have licensed, which is included with the annual license. The Support Period shall coincide with the license term. For 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. Maintenance releases, updates and upgrades may or may not include additional features. 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 Altova will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during Altova’s business hours 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 Altova. If Altova determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, Altova Xxxxxx 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 AltovaXxxxxx’s sole discretion. If Altova, 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. Altova may include error corrections in maintenance releases, updates, or new major releases of the Software. Altova Xxxxxx is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software as determined by Altova Xxxxxx in its sole discretion. Technical support only covers issues or questions resulting directly out of the operation of the Software and 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 Agreement before installation. Updates of the operating system and application software not specifically covered by this Agreement are your responsibility and will not be provided by Altova under this Agreement. Altova’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 Agreement at all times. Altova shall be under no obligation to provide the above technical support if, in Xxxxxx’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 AltovaXxxxxx’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 Altova’s specified release level; or (v) use of the Software with other software without Altova’s prior written approval. It will be your sole responsibility to: (i) comply with all Altova- specified operating and troubleshooting procedures and then notify Altova immediately of Software malfunction and provide 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. Altova offers “Support C & Maintenance Package(s)” (“SMP”) for the Software edition that you have licensed, which is included with the annual you may elect to purchase in addition to your Software license. The Support Period Period, hereinafter defined, covered by such SMP shall coincide be delineated at such time as you elect to purchase a SMP. Your rights with respect to support and maintenance as well as your upgrade eligibility depend on your decision to purchase SMP and the license termlevel of SMP that you have purchased: (a) If you have not purchased SMP, you will receive the Software AS IS and will not receive any maintenance releases or updates. For an annual software licenseHowever, Altova, 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, 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 6(a), and Altova, 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 SMP, 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 SMP’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 SMP that you have purchased. Software that is introduced as separate product is not included in SMP. Maintenance releases, updates and upgrades may or may not include additional features. In addition, 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 Altova will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during Altova’s business hours 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 Altova. If Altova determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, 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 Altova’s sole discretion. If Altova, 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. Altova may include error corrections in maintenance releases, updates, or new major releases of the Software. Altova is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software as determined by Altova in its sole discretion. Technical support only covers issues or questions resulting directly out of the operation of the Software and 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 Agreement before installation. Updates of the operating system and application software not specifically covered by this Agreement are your responsibility and will not be provided by Altova under this Agreement. Altova’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 Agreement at all times. Altova shall be under no obligation to provide the above technical support if, in Xxxxxx’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 Altova’s written approval; (iii) causes external to the Software, such as natural disasters, the failure or fluctuation of electrical power, or computer equipment failure;.