a. Exclusions. Accelerite is not obligated to provide warranty services or support for any claims resulting from:

1. Improper site preparation, or site or environmental conditions that do not conform to Accelerite site specifications;
2. Customer’s non-compliance with Accelerite specification, statements of work or this data sheet;
3. Improper or inadequate maintenance or calibration;
4. Customer or third-party media, software, interfacing, supplies, or other products;
5. Modifications not performed or authorized by Accelerite;
6. Virus, infection worm, or similar malicious code not introduced by Accelerite; or
7. Abuse, negligence, accident, loss or damage in transit, fire or water damage, electrical disturbances, transportation by customer or other causes beyond the control of Accelerite.

b. Local availability. Customer may order support from Accelerite current support offerings. Some offerings, features and coverage (and related software) may vary according to Accelerite resources and products in your environment or may not be available in all countries or areas. In addition, delivery of support outside of the applicable Accelerite coverage areas may be subject to travel charges, longer response times, reduced restoration or repair commitments and reduced coverage hours.

c.Relocation. Relocation of any software under support is the responsibility of customer and is subject to local availability, and may result in changes to support fees. Reasonable advance notice to Accelerite may be required to begin support after relocation. For software products, any relocation is also subject to the license terms for such software. Customer may be required to execute amended or new documents as a result of relocation.

d. Service providers. Accelerite reserves the right and customer agrees to Accelerite use of Accelerite authorized service providers to assist in the delivery of support.

e. Modifications. Customer will allow Accelerite, at Accelerite request and at no additional charge, to modify software to improve operation, supportability, and reliability or to meet legal requirements.

f. Force majeure. Neither party will be liable for performance delays nor for nonperformance due to causes beyond its reasonable control; however, this provision will not apply to customer’s payment obligations.

a. Eligibility. Customer may purchase available software support for Accelerite branded software only if customer can provide evidence it has rightfully acquired an appropriate Accelerite license for such software. Accelerite will be under no obligation to provide support due to any alterations or modifications to the software not authorized by Accelerite or for software for which customer cannot provide a sufficient proof of a valid license.

b. Documentation. If customer purchases a software support offering that includes documentation updates along with the right to copy such updates, customer may copy such updates only for software under such coverage. Copies must include appropriate Accelerite trademark and copyright notices.

c. Product specific support. The rCloud and Convirt products provide telephone support during US business hours. Urgent issues logged by telephone outside of these times will receive a call back from the on call Accelerite support representative. Third party patching of Adobe and Java critical security patches through the Radia Client Automation product will be made available through ASP, Accelerite endeavors to provide these critical third party patches within 72 business hours of release. Accelerite reserves the decision on severity for third party patches detailed in this paragraph.

Accelerite will require customer’s use of certain hardware and/or software system and network diagnostic and maintenance programs (“Proprietary Service Tools”), as well as certain diagnostic tools that may be included as part of the customer’s system, for delivery of support under certain coverage levels.

Proprietary Service Tools are and remain the sole and exclusive property of Accelerite, are provided “as is,” and include, but are not limited to: remote fault management software, network support tools, etc. Proprietary Service Tools may reside on the customer’s systems or sites. Customer may only use the Proprietary Service Tools during the applicable support coverage period and only as allowed by Accelerite. Customer may not sell, transfer, assign, pledge or in any way encumber or convey the Proprietary Service Tools. Upon termination of support, customer will return the Proprietary Service Tools to Accelerite or allow Accelerite to remove these Proprietary Service Tools. Customer will also be required to:

• Allow Accelerite to keep the Proprietary Service Tools resident on customer’s systems or sites, and assist Accelerite in running them;
• Install Proprietary Service Tools, including installation of any required updates and patches;
• Use the electronic data transfer capability to inform Accelerite of events identified by the software;

If Accelerite discontinues a product and no successor product is commercially available under Support, Accelerite will provide full support for five (5) years from the product’s last generally available release date if:

1. you have paid all applicable Support fees to date, and
2. you continue to pay all applicable Support fees.

Accelerite provides support for the current and previous Minor Versions of the current Major Version. Accelerite will support the last Minor Version of a Major Version (for example, 6.2) for either

1. twenty-four (24) months from the date when a new Major Version (for example, 7.0) becomes generally available or,
2. until the date when the next Major Version (for example, 8.0) becomes generally available, whichever occurs earlier. If Accelerite discontinues a product and does not make another Minor Version commercially available as an Update, Accelerite will provide support for twenty-four (24) months from the date of the product discontinuance notice. Accelerite may discontinue specific Support offerings no longer generally offered by Accelerite upon sixty (60) days’ notice.

If you allow Support to lapse, you may reenroll only upon completing all of the following:

1. payment to Accelerite of the annual Support fee for the renewal term,
2. payment to Accelerite of one hundred percent (100%) of all annual Support fees that would have been paid had you not terminated Support offerings or lapsed in any applicable Support fee,
3. payment to Accelerite of an administrative fee of twenty-five percent (25%) of the total past Support fees to resume Support, if applicable, and
4. changing certain of your hardware or software to meet eligibility requirements of new versions.

“For ongoing Support eligibility, Customer must maintain the License Set at the same level of Software Support. “License Set” means all

1. licenses of Accelerite Software Products with the same part number that are part of the same implementation, and
2. technically dependent prerequisite Accelerite Software Products that are part of the same implementation.
3. If required, purchase Accelerite-specified remote connection hardware for systems with remote diagnosis service; and
4. Provide remote connectivity through an approved communications line.

1. Data backup. To reconstruct lost or altered customer files, data or programs, customer must maintain a separate backup system or procedure that is not dependent on the software under support.
2. Temporary workarounds. Customer will implement temporary procedures or workarounds provided by Accelerite while Accelerite works on permanent solutions.
3. Hazardous environment. Customer will notify Accelerite if customer uses software in an environment that poses a potential health or safety hazard to Accelerite employees or subcontractors. Accelerite may require customer to maintain such software under Accelerite supervision and may postpone service until customer remedies such hazards.
4. Authorized representative. Customer will have a representative present when Accelerite provides support at customer’s site.
5. Software list. Customer will create and maintain a list of all software under support including: the location of the software and coverage levels. Customer shall keep the list updated during the applicable support period.
6. Urgent response times. Customer must log a telephone call with Accelerite support to receive the documented Urgent severity level response times.