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* "Compatibility" is defined as operating in substantially the same manner from an earlier revision to the next revision af-
<br /> ter allowing for error corrections as determined by Computervision and new features provided by any enhancements as
<br /> provided by Computervision. For example, a language compiler will continue to compile code that was compiled by the
<br /> previous revision and produce equivalent results.
<br />
<br /> ** Problems may only be submitted in writing to Computervision Corporation, Customer Service Center, 100 Crosby Drive,
<br /> Bedford, Massachusetts 01730 or such other address as may be provided by Computervision.
<br />
<br /> 7.3 In the event of a conflict between the limitations on support services imposed by a software support category assigned to
<br /> Software and the terms of the description of Software Service offerings as described in the sections below, the limitations im-
<br /> posed by the Software Support Category shall prevail.
<br />
<br /> 7.4 Customer cannot obtain a higher level of Software service for any Software residing on a System than the level of Software
<br /> service Customer has contracted to obtain for the Operating System Software for such System unless an exception is permit-
<br /> ted by Computervision based on the Service Offerings which are available. All Software on a network of Systems must be un-
<br /> der the same level of Maintenance Service. Customer's options for selecting services hereunder may be contingent on
<br /> technical restrictions or policies as determined by Computervision.
<br />
<br /> 7.5 In order to obtain Maintenance Service hereunder for Software that operates on a System using the PRIMOS Operating
<br /> System Software, the minimum maintainable configuration of such System must be maintained under a Service Agreement.
<br />
<br /> 7.6 If the Equipment in any System is under Maintenance Service hereunder, the Operating System Software must be under an
<br /> equivalent level of Maintenance Service hereunder. For Systems where the Operating System Software is not covered by the
<br /> hardware service agreement the Customer may select either Preferred or Basic Software Service for the Operating System
<br /> Software. For Systems that receive support for the Operating System Software and/or certain application software under the
<br /> hardware service agreement, the level of software service for such Operating System Software or application software, is
<br /> Preferred Software Service.
<br />
<br />8. INDEMNIFICATION: Customer will indemnify and hold Computervision harmless from any loss, claim or damage to persons or
<br /> property, insofar as such loss, claim or damage is alleged to have occurred during the term of this Agreement, or Service Agreement
<br /> or Customer's possession or use of the Products or Maintenance Services, except to the extent such loss, claim or damage was
<br /> caused by the fault of Computervision. This indemnification will survive the termination of the Agreement and Service Agreement.
<br />
<br />9. LIMITED WARRANTY, FORCE MAJEURE AND LIMITATION OF LIABILITY:
<br />
<br /> 9.1 Computervision warrants that the services provided hereunder will be performed in a workmanlike manner in accordance
<br /> with reasonable commercial standards. Computervision does not warrant that the operation of the Products will be uninter-
<br /> rupted or error free or that all errors for Software will be remedied. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS
<br /> AGREEMENT AND ALL SERVICE AGREEMENTS ARE FOR THE PERFORMANCE OF SERVICES ONLY, AND THAT THE WAR-
<br /> RANTY STATED IN THE FIRST LINE OF THIS SECTION AND REMEDIES SET FORTH HEREUNDER ARE EXCLUSIVE AND IN
<br /> LIEU OF ALL OTHERS, ORAL OR WRI'i-I'EN, EXPRESS, IMPLIED OR STATUTORY, RESPECTING THIS AGREEMENT, THE SER-
<br /> VICE AGREEMENTS, AND THE MAINTENANCE SERVICES AND PARTS PROVIDED HEREUNDER. COMPUTERVISION MAKES
<br /> NO OTHER REPRESENTATIONS, WARRANTIES OR INDEMNIFICATION INCLUDING BUT NOT LIMITED TO, THE IMPLIED
<br /> WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RESPECTING THIS AGREEMENT OR
<br /> THE SERVICES PROVIDED HEREUNDER.
<br />
<br /> 9.2 Computervision will not be deemed in default of any obligation hereunder nor will Computervision be liable for any failure or
<br /> delay in performance which results directly or indirectly from "Acts Of God", acts of civil or military authorities, civil distur-
<br /> bance, war, strikes, fire, theft or vandalism or other causes beyond Computervision's reasonable control. In no event shall
<br /> Computervision be liable to Customer for (I) any special, indirect, incidental, or consequential damages, even if
<br /> Computervision has been advised of the possibility of such damages, (Il) any damages resulting from loss of use, data or
<br /> profits, or any defect in Software or documentation, or (111) any claim, whether in contract or tort, that arose more than one (1)
<br /> year prior to institution of suit thereon. IN NO EVENT SHALL COMPUTERVISION'S LIABILITY EXCEED THE TOTAL MAINTE-
<br /> NANCE CHARGES PAID OR PAYABLE WITH RESPECT TO THE PRODUCT INVOLVED IN THE DAMAGE DURING THE TWELVE
<br /> MONTHS OF THE RELEVANT SERVICE AGREEMENT IMMEDIATELY PRECEDING THE DATE OF THE DAMAGE.
<br />
<br /> 9.3 Customer acknowledges that the charges which apply to the Maintenance Services are based in part upon the limited war-
<br /> ranty and limitation of liabilities and remedies set forth in this Agreement.
<br />
<br /> 10, SERVICE AGREEMENT SUSPENSION AND TERMINATION: If Customer is in default of its payment obligations hereunder,
<br /> Computervision may suspend service pending receipt of payment. In addition to Computervision's termination rights pursuant to
<br /> Section I, Paragraphs 5.3 and 6.4 of the Agreement, Computervision, in addition to any other remedies it may have, may terminate
<br /> the applicable Service Agreement if (a) Customer is in default of its payment obligations hereunder and such default continues for
<br /> ten (10) days following receipt of written notice from Computervision, or, (b) Customer is in default of any other obligation hereun-
<br /> der and such default continues for thirty (30) days following receipt of written notice, or (c) Customer is in default of a lease obliga-
<br /> tion to Computervision. It is agreed that Customer will pay Computervision all costs and expenses, including reasonable attorney's
<br /> fees, incurred by Computervision in exercising any of its rights or remedies.
<br />
<br /> 11. RIGHT TO SUBCONTRACT: Computervision reserves the right to subcontract the Maintenance Services to be provided hereunder.
<br /> In such event, the rights and obligations of Computervision and Customer will not be diminished.
<br />
<br />12. NON-ASSIGNMENT: Customer may not assign any of its obligations, rights or remedies under this Agreement or any Service
<br /> Agreement and any such attempted assignment shall be null and void. '
<br />
<br />13. NON-WAIVER: The failure or delay of either party to exercise any right or remedy provided for herein shall not be deemed a waiver
<br /> of that right or remedy or of any other rights or remedies available hereunder.
<br />
<br /> 100.1-5
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