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<br />E.
<br />F.
<br />G.
<br />H.
<br />I.
<br />
<br />Making specification changes. . .~pt lIS eKplicitly provided in this AQreement;
<br />Providing service associated with relOCltion. installation or de-insullation of Equipment;
<br />Performing electrical work eKternal to the Equipment;
<br />Providing refurbishment services; or
<br />Modifying. deleting or anempting to recover Customer data.
<br />
<br />6.2
<br />
<br />Maintenance Service for Software does not include:
<br />
<br />A. Operating supplies or accessories such as tapes or floppy disks;
<br />
<br />B. Services required by reason of hardware. firmware or media not supplied by PRIME;
<br />
<br />C. Failure of software not supplied by PRIME and/or not included on any Product Schedule:
<br />
<br />D. F,H,," 01 ,II. Sohw", """, by " ""ipm,"' .m ",pp!;.' by PRIM~ bl 1",11 °' ..glig.... of c""om". ,\ oP"",o, "'°'. d\ im.
<br />proper use or misuse of the System, or e) failure of Customer to perform 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 />Any M,in..n,n" SoNi", "Qui", " , ."ull 01 OJ 0,"" ,",n no,m,' w... ,n' "" 01 "'0 Pm'u"'. 01' no"'" ,bu" 0' miMO 01 ""
<br />Products. (iii) Customer's failure to (a) comply with Customer's obligillions under this Agreement (b) provide the necessary facilities or specified
<br />op""ing ,"pp"", ,,' m'" ond mo;n,,;n PRLME', oi.. op"w",'on,. °' '" in"", ond """"" moin,,'n ;n op",,;on FCO',. ,,"io;on, ond
<br />up""" °' 'ul "o;d'o" °' "Am 01 God" ,u,h.. pow" ,u'g", wow dom',' loom fLood', "'0 will b, ;ovo;"d.. (u"om"" ,";';00"
<br />chargeS based on PRIME's time and materials rates then in eHect.
<br />
<br />II individual Products cannot in PRIME's opinion. be adequately or economically maintained on-site due to eKcessive 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 />E.
<br />
<br />6.3
<br />
<br />6,4
<br />
<br />7.
<br />
<br />SOFTWARE SUPPORT CATEGORIES AND SERVICE PREREQUISITES:
<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 Sohware enhancements planned by PRIME for the current revision; error corrections as determined
<br />by PRIME; telephone support; problem repOrting; sohware revision updates as provided by PRIME; and compatibility. between revisions.
<br />
<br />7.1
<br />
<br />7.2
<br />
<br />,..
<br />
<br />Full Suppon-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 01 telephone support: problem reponing; limited error correction as determined by PRIME; Software revision
<br />updates as provided by PRIME; and compatibility..
<br />
<br />Update Suppon-Consists 01 written problem reporting". and So¡'ware revision updates as provided by PRIME.. CompatabilitY. between
<br />releases is no! 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 neX¡ revision alter allowing
<br />for error corrections as determined by PRIME and new featUres provided by any enhancements as provided by PRIME. For eKample.
<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. Massacl1usens
<br />01757 or such other address 2S may be provided by PRIM:"
<br />
<br />In the event of a conflict between the limitations on support services imposed by a sottware support category assigned to Sottware 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 />Customer cannot obtain a higher level of Sohware service for any Sohware 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 01 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 EQuipment 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 aoree.
<br />~n' th, c",tom" m>y "'oct ,lth" p"I,",d 0' ."i, Sonw>" S,~i" 10' ,h, Op,~ting Sy",m Sohw"~ Fo' S"",m, tI", ";,",,
<br />support for the Operating System Software and/or certain application so¡'ware under the hardware service agreement the level of software
<br />service for such Operating System Software or application so¡'ware, is, as applicable, Preferred Sohware Service or MLF OP2.
<br />
<br />MLF Software ProductS that operate on non.RISC (i.e. Motorola) CPUs wilt receive the MLF OP2 level of Software support.
<br />
<br />c.
<br />
<br />c.
<br />
<br />D.
<br />
<br />7.3
<br />
<br />7.~
<br />
<br />7.5
<br />
<br />7.6
<br />
<br />7.7
<br />
<br />8.
<br />
<br />INDEMNIFICATION:
<br />
<br />Customer will indemnify and hold PRIME harmless from any loss. claim or damage to persons or property. insofar as such loss. claim or damaoe
<br />" ".g.d '0 "'~ <>=",d during tho ...", of <hI' _g".m.n' 0' S""I" _g".m.'" 0' Cu"~'(' po"...ion °' u.. 01 ,h. Prod~' °' M,ln"n,n;.
<br />Services. provided that such loss, claim or damage was not caused solely by the fault of PRIME. This indemnification wilt survive the termination
<br />of the Agreement and Service Agreement.
<br />
<br />4
<br />
<br />1í
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