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COMPANY AGREEMENT <br /> TERMS AND CONDITIONS <br /> (e) CLIENTS not on Software Support Maintenance are subject to higher rates for training and <br /> continuing education performed by COMPANY employees. This is due to the fact that the <br /> CLIENT may not be utilizing the most current version of our software. <br /> (f) COMPANY will not guarantee a program fix to a documented bug for software versions that <br /> are not the currently released version. Because every CLIENT is on Software Support <br /> Maintenance, often times, bug fixes are rolled into the latest release and then sites are <br /> upgraded to the latest release of the software. <br /> (g) If a CLIENT decides to discontinue Software Support Maintenance and later chooses to <br /> reinstate Software Support Maintenance, the CLIENT will be required to pay the portion of <br /> annual software support maintenance fees for the Enhancement and Software Updates(27%) <br /> dating back to the date when the CLIENT discontinued Software Support Maintenance. <br /> 4.7 Additional Services. The services listed below are not included in the COMPANY Software <br /> Maintenance Agreement. These services shall be provided at COMPANY's discretion and will be <br /> billed on a Time and Materials basis at COMPANY's then current rates: <br /> (a) Changes to print programs; <br /> (b) Software modifications; <br /> (c) Software Training; <br /> (d) Responding to problems caused by bad data; <br /> (e) Responding to problems caused by hardware; <br /> (f) Responding to problems caused by operator error; <br /> (g) Responding to problems caused by software that is not COMPANY software; <br /> (h) Responding to problems resulting from misuse,accidents,CLIENT neglect,fire,or any other <br /> cause not within COMPANY's reasonable control; <br /> (i) Changes made to the COMPANY Software by someone other than COMPANY personnel;and <br /> (j) Any other services performed by COMPANY not otherwise specifically provided for in this <br /> Agreement,including but not limited to,bank reconciliation,reconciling out of balance reports, <br /> balancing segments of the system,etc. <br /> 4.8 Limitations and Exclusions. The support and services of this Annual Software Maintenance <br /> Agreement do not include the following: <br /> (a) Support service does not include the installation of the software products, onsite support, <br /> application design,and other consulting services,support of an operating system or hardware, <br /> or any support requested outside of standard support hours. <br /> (b) CLIENT shall be responsible for implementing, at its expense, all changes to the current <br /> version. CLIENT understands that changes furnished by COMPANY for the current version <br /> are for implementation in the current installed software products version,as it exists without <br /> customization or CLIENT alteration. <br /> (c) If CLIENT has made modifications to the software products,COMPANY will not support the <br /> modified software products, unless modifications were specifically authorized in writing by <br /> COMPANY. <br /> 4.9 CLIENT Responsibilities. <br /> (a) CLIENT shall provide, at no charge to COMPANY, full and free access to the software <br /> programs covered hereunder, including the following: working space; adequate facilities <br /> within a reasonable distance from the equipment;and use of machines,attachments,features, <br /> or other equipment necessary to provide the specified support and maintenance service. Such <br /> environment includes, but is not limited to, use of the appropriate operating system at the <br /> version and release levels specified by COMPANY and additionally specifies that the <br /> environment for any COMPANY software application requires the CLIENT to have e-mail <br /> and Internet access. CLIENT will be responsible for all additional costs incurred to the extent <br /> such hardware and software does not conform to COMPANY's current specifications. The <br /> acquisitions of necessary hardware and software meeting the requirements then in effect shall <br /> be sole responsibility of the CLIENT. <br /> (b) CLIENT shall maintain a high speed internet connection(DSL,Cable,or faster)and must be <br /> able to provide COMPANY with IP connection to CLIENT's network through Citrix <br /> GotoAssist, VPN, Citrix, or Microsoft Terminal Services. COMPANY shall use the <br /> connection to assist with problem diagnosis and resolution. COMPANY is not responsible <br /> 7 <br />