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5.8 Customer shall ensure that the Products conform to Computervision's minimum maintainable configuration requirements
<br /> while the Products are covered by a Service Agreement, and Customer shall maintain in the Products any and all FCOs and
<br /> the prevailing current revisions or the immediate prior revision of the Operating System Software and any diagnostic soft,
<br /> ware and utilities as provided by Computervision.
<br />
<br /> 5.9 Customer shall allow Computervision to perform such tests as Computervision shall deem necessary to monitor compliance
<br /> with applicable minimum configurations, software licenses, and Computervision's software licensing policies and agree-
<br /> ments, at such reasonable times as Computervision shall deem necessary.
<br />
<br /> 5.10 Customer shall be responsible for data back-up, data overwrites, and disaster recovery measures. CUSTOMER AGREES THAT
<br /> COMPUTERVISION SHALL NOT BE RESPONSIBLE OR HELD LIABLE FOR THE PROTECTION, LOSS, CONFIDENTIALITY OR
<br /> SECURITY OF CUSTOMER DATA OR INFORMATION AT ANY TIME, INCLUDING INSTANCES WHERE DATA STORAGE UNITS
<br /> OR SOFTWARE PROGRAMS ARE REMOVED FROM THE CUSTOMER SITE OR ARE OTHERWISE PROVIDED TO COMPUTERVI-
<br /> SION.
<br />
<br />6. SERVICE LIMITATIONS:
<br />
<br /> 6.1 Unless otherwise specified in a Service Offering, Maintenance Service for Equipment does not include:
<br />
<br /> A. Replacing or performing maintenance on printer platens, printer bands, printer chain trains, disk packs, magnetic media,
<br /> toner cartridges and any consumable supplies or accessories;
<br /> B. Furnishing supplies or accessories;
<br /> C. Painting or refinishing Equipment;
<br /> D. Adding, installing, removing or maintaining accessories, attachments, modified Equipment, machines or other devices
<br /> not provided by Computervision except as specified in Computervision's then current policy;
<br /> E. Making specification changes except as explicitly provided in this Agreement;
<br /> F. Providing service associated with relocation, installation or de-installation of Equipment;
<br /> G. Performing electrical work external to the Equipment;
<br /> H. Providing refurbishment services; or
<br /> I. Modi~ing, deleting or attempting to recover Customer data.
<br />
<br /> 6.2 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 Computervision;
<br />
<br /> C. Failure of software not supplied by Computervision and/or not included on any Product Schedule;
<br />
<br /> D. Failure of the Software caused by a) equipment not supplied by Computervision, b) fault or negligence of Customer, c)
<br /> operator error, d) improper use or misuse of the System, or e} failure of Customer to perform its responsibilities identi-
<br /> fied in the Service Agreement; or
<br />
<br /> E.Assistance in System design, consulting, writing of drivers, or debugging Customer-developed code.
<br />
<br /> 6.3 Any Maintenance Services required as a result of (i) other than normal wear and tear of the Products, (ii) neglect, abuse or
<br /> misuse of the Products, (iii) Customer's failure to (a) comply with Customer's obligations under this Agreement, (b) provide
<br /> the necessary facilities or specified operating supplies, (c) meet and maintain Computervision's site specifications, or (d) in-
<br /> stall and thereafter maintain in operation FCOs, revisions and updates, or (iv) accidents or "Acts of God" such as power
<br /> surges, water damage from floods, etc., will be invoiced to Customer as additional charges based on Computervision's time
<br /> and materials rates then in effect.
<br />
<br /> 6.4 If individual Products cannot, in Computervision's opinion, be adequately or economically maintained on-site due to exces-
<br /> sive wear and/or deterioration, Computervision may submit to Customer a quote for refurbishing such items. If Customer
<br /> elects not to have the Products refurbished, or if refurbishment is impractical due to the age of such Products, or the avail-
<br /> ability of replacement parts, Computervision may withdraw such Products from the Service Agreement upon at least ninety
<br /> (90) days written notice.
<br />
<br />7. SOFTVVARE SUPPORT CATEGORIES AND SERVICE PREREQUISITES:
<br /> 7.1 Computervision has established five categories of support for certain Software. The Category indicates the maximum level at
<br /> which the Software is supported by Computervision. Computervision may change the support category assigned to any
<br /> Software by giving Customer at least thirty (30) days notice of the change.
<br />
<br /> 7.2 The five support categories are:
<br />
<br /> A. Enhanced Support--Consists of any Software enhancements planned by Computervision for the current revision; error
<br /> corrections as determined by Computervision; telephone support; problem reporting; software revision updates as pro-
<br /> vided by Computervision; and compatibility* between revisions.
<br />
<br /> B. Full Support--Consists of error corrections as determined by Computervision; telephone support; problem reporting;
<br /> Software revision updates as provided by Computervision; and compatibility*.
<br />
<br /> C. Stabilized Support--Consists of telephone support; problem reporting; limited error correction as determined by
<br /> Computervision; Software revision updates as provided by Computervision; and compatibility*.
<br />
<br /> D. Update Support--Consists of written problem reporting,** and software revision updates as provided by
<br /> Computervision. Compatibility* between releases is not assured.
<br /> E. As is--Software is offered "as is" with no support.
<br />
<br /> 100.1-4
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