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<br />6.2 <br /> <br />6.3 <br /> <br />6.4 <br /> <br />"E. <br />F. <br /> <br />Making specification changes exc ,s explicitly provided in this Agreement; <br />Providing service associated with "",ocation, installation or de-installation of Equipment, <br />Periorming electrical work external to the Equipment; <br />Providing refurbishment services; or <br />ModifYing. deleting or attempting to recover Customer data. <br /> <br />Co. <br />:11 <br /> <br />.~ <br /> <br />G. <br /> <br />". <br /> <br />H. <br /> <br />I. <br /> <br />Maintenance Service for Software does not include: <br /> <br />A. <br />B. <br />C. <br />D. <br /> <br />Operating supplies or accessories such as tapes or floppy disks; <br /> <br />Services required by reason of hardware, firmware or media not supplied by PRIME; <br /> <br />Failure of software not supplied by PRIME and/or not included on any Product Schedule; <br /> <br />Failure of the Software caused by a) equipment not supplied by PRIME, b) fault or negligence of Customer, c) operator error, d) im- <br />proper use or misuse of the System, or e) failure of Customer to periorm its responsibilities identified in the Service Agreement; or <br /> <br />Assistance in System design, consulting, writing of drivers, or debugging Customer-developed code. <br /> <br />E. <br /> <br />Any Maintenance Services required as a result of (i) other than normal wear and tear of the Products, (ii) neglect, abuse or misuse of the <br />Products, (iii) Customer's failure to (a) comply with Customer's obligations under this Agreement. (b) provide the necessary facilities or specified <br />operating supplies, (c) meet and maintain PRIME's site specifications, or (d) install and thereafter maintain in operation FCO's, revisions and <br />updates. or (iv) accidents or "Acts of God" such as power surges, water damage from floods, etc" will be invoiced to Customer as additional <br />charges based on PRIME's time and materials rates then in effect. <br /> <br />If individual Products cannot, in PRIME's opinion, be adequately or economically maintained on-site due to excessive wear and/or deteriora- <br />tion, PRIME may submit to Customer a quote for refurbishing such items. If Customer elects not to have the Products refurbished. or if <br />refurbishment is impractical due to the age of such Products, or the availability of replacement parts, PRIME may withdraw such Products <br />from the Service Agreement upon at least ninety (90) days written notice. <br /> <br />7.1 <br /> <br />7. SOFTWARE SUPPORT CATEGORIES AND SERVICE PREREQUISITES: <br /> <br />7.2 <br /> <br />7.3 <br /> <br />7.4 <br /> <br />7.5 <br /> <br />7.6 <br /> <br />7.7 <br /> <br />PRIME has established five categories of support for certain Software. The Category indicates the maximum level at which the Software <br />is supported by PRIME. PRIME may change the support category assigned to any Software by giving Customer at least thirty (30) days <br />notice of the change. <br /> <br />The five support categories are: <br /> <br />A. Enhanced Support-Consists of any Software enhancements planned by PRIME for the current revision; error corrections as determined <br />by PRIME; telephone support; problem reporting; software revision updates as provided by PRIME; and compatibility. between revisions. <br /> <br />Full Support-Consists of error corrections as determined by PRIME; telephone support; problem reporting; Software revision updates <br />as provided by PRIME; and compatibility". <br /> <br />Stabilized Support-Consists of telephone support; problem reporting: limited error correction as determined by PRIME; Software revision <br />updates as provided by PRIME; and compatibility". <br /> <br />Update Support-Consists of written problem reporting,'" and Software revision updates as provided by PRIME. Compatability. between <br />releases is not assured, <br /> <br />As is-Software is offered "as is" with no support. <br /> <br />"Compatibility" is defined as operating in substantially the same manner from an earlier revision to the next revision after allowing <br />for error corrections as determined by PRIME and new features provided by any enhancements as provided by PRIME. For example, <br />a language compiler will continue to compile code that was compiled by the previous revision and produce equivalent results. <br /> <br />Problems may only be submitted in writing to Prime Computer Inc., Customer Service Center, Technology Drive, Milford, Massachusetts <br />01757 or such other address as may be provided by PRIME. <br /> <br />In the event of a conflict between the limitations on support services imposed by a software suppon category assigned to Software and <br />the terms of the description of Software Service offerings as described in the sections below, the limitations imposed by the Software <br />Support Category shall prevail. <br /> <br />B. <br /> <br />C. <br /> <br />D. <br /> <br />E. <br /> <br />Customer cannot obtain a higher level of Soft~are service for any Software residing on a System than the level of Software service Customer <br />has contracted to obtain for the Operating System Software for such System unless an exception is permitted by PRIME based on the <br />Service Offerings which are available. All Software on a network of Systems must be under the same level of Maintenance Service. Customer's <br />options for selecting services hereunder may be contingent on technical restrictions or policies as determined by PRIME. <br /> <br />In order to obtain Maintenance Service hereunder for Software that operates on a System using the PRIMOS Operating System Software, <br />the minimum maintainable configuration of such System must be maintained under a Service Agreement. <br /> <br />If the Eauipment in any System is under Maintenance Service hereunder, the Operating System Software must be under an equivalent <br />level of Maintenance Service hereunder. For Systems where the Operating System Software is not covered by the hardware service agree- <br />ment the Customer may select either Preferred or Basic Software Service for the Operating System Software. For Systems that receive <br />support for the Operating System Software and/or certain application software under the hardware service agreement. the level of software <br />service for such Operating System Software or application software, is, as applicable, Preferred Software Service or MLF OP2. <br /> <br />MLF Software Products that operate on non-RISC íi.e. Motorola) CPUs will receive the MLF OP2 level of Software support. <br /> <br />INDEMNIFICATION: <br /> <br />8. <br /> <br />Customer will indemnify and hold PRIME harmless from any loss, claim or damage to persons or propeny, insofar as such loss, claim or damage <br />is alleged to have occurred during the term of this Agreement. or Service Agreement or Customer's possession or use of the Prooucts or Maintenance <br />Services, provided that such loss, claim or damage was not caused solely by the fault of PRIME. This indemnification will survive the termination <br />of the Agreement and Service Agreement. <br /> <br />'" <br /> <br />-...,... .........--.......-,......-.--.-.-.-----,-.----..'-.-......--....._- <br />