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I 8.D.b
<br /> 19.0 EXCLUSIONS. The following are not within the scope of Maintenance Service or warranty: (i)provision and installation of optional retrofits;(ii)c,,.. .. ... ...
<br /> any feature of the Product(s);(iii)services connected with Product(s)relocation;(iv)installation/removal of accessories,attachments,or other devices;(v)exterior painting
<br /> or refinishing of Product(s);(vi)maintenance,installation,or removal of Product(s)or devices not provided by CSA; (vii)performance of normal operator functions
<br /> described in applicable CSA operator manual(s), including, but not limited to, loading of toner and/or paper; (viii) performance of services necessitated by accide
<br /> negligence,temperature, inadequate ventilation,power failure, improper electrical power, unauthorized alteration of Product(s),tampering, service by other than CS
<br /> causes other than ordinary use,improper supplies or accessories,interconnect of Product(s)by electrical or electronic,or mechanical means,with incompatible Product(
<br /> or failure to use CSA operating system software;(ix)performance of services necessitated by the introduction of a computer virus or other bug into the Product(s);
<br /> repair or replacement of Expendable Items listed in Common Terms,Section 9 above;and(xi)performance of service necessitated by any modification,alteration or a
<br /> other change whatsoever of Customer's computer system into which the Product(s) is integrated or otherwise connected. Maintenance provided by CSA to resolve
<br /> exclusion set forth under this paragraph shall be billed at CSA's(i)then published hourly service rates and minimum charges for service time,including travel and waiti
<br /> time;(ii)parts and material prices then in effect;and(iii)charges for shipping and travel expenses. CD
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<br /> 20.0 CUSTOMER RESPONSIBILITIES. Customer agrees: (a)not to use paper, recycled paper, parts,photoconductors,toner,or other supplies which v d
<br /> cause a need for excessive service and(b)that replaced parts are the property of CSA. m
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<br /> 21.0 SOFTWARE SUPPORT.
<br /> The following terms are applicable only if Software Support is made available to Customer through Customer's purchase of"Incidents": En
<br /> (i) For certain Equipment,Software Support is provided on a"per Incident"basis. An"Incident"is defined as a question related to a specific issue w Alt
<br /> regard to the maintained Software that can be resolved telephonically by isolating its origin to a single cause. t
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<br /> (ii) Incidents may be purchased individually or in quantities as in accordance with CSA's policy. Any such Incidents purchased
<br /> Customer are set forth on the Customer Agreement Addendum. An Incident will be considered"used"when CSA: (1)corrects the problem;( r1
<br /> creates a reasonable work-around;(3)provides information in response to a Customer question; or(4)isolates the cause of the support issue
<br /> product provided by a party other than CSA. An Incident will not be considered"used"if the problem results from a defect in maintained Softwa in
<br /> for which no Software patch or workaround is then available from CSA. Issues that CSA determines cannot reasonably be resolved as Incider
<br /> may be escalated,with the consent of Customer,to a CSA Software Engineer or scheduled for on-site support at CSA's then-current consulti
<br /> rates. CSA DOES NOT REPRESENT OR WARRANT THAT ALL SOFTWARE ISSUES CAN OR WILL BE RESOLVED AS INCIDENT C
<br /> Incidents purchases are non-transferable and non-refundable. Incidents not used by Customer shall expire at the end of the Maintenan W
<br /> Service Initial Term or the applicable Maintenance Service Renewal Term. At the start of each Maintenance Service Renewal Term, Custom d
<br /> shall receive the same number of Incidents purchased during the Maintenance Service Initial Term unless Customer purchases additior
<br /> Incidents in accordance with CSA's then-current policy. at
<br /> (iii) CSA will provide Software Support through the use of Incidents to those Customer employees who have been issued an ID col
<br /> providing email/telephone access to the CSA Software Support Center. Customer shall be responsible for controlling ID code access and for a £
<br /> unauthorized use of ID codes. ID codes are non-transferable.
<br /> (iv) An overview of the total number of Incidents purchased, number used and number remaining available for use are available by contacting I y
<br /> Software Support Center with access provided using the Customer's ID code.
<br /> . (v) Software Support does not include: (1)training; (2)maintenance materials; (3)on-site support; (4)on-site implementation, installati' w
<br /> or integration support; (5)re-installation of Software on computer equipment supplied by CSA after modification of such computer equipment
<br /> Customer (such as installation of memory, disk, interface boards, other software, etc.); (6) re-installation or re-initialization of Software at) r
<br /> changes in a networking system or alteration of the parameters of Customer's current networking system; or (7) support or service require e
<br /> because of the upgrade of any software not licensed by CSA, such as operating system or utilities software, even if running on compul rl
<br /> equipment supplied by CSA. CSA may make these services available at CSA's then-current consulting rates. CSA reserves the right to declii
<br /> to perform such services.
<br /> c. It is the responsibility of Customer to make and maintain adequate backups of data and configuration of Software. CSA shall not be liable for a U
<br /> losses (of data or productivity or of any other kind) resulting from rebuilding or reconfiguring Software to the original, factory configuratic rn
<br /> Reloading, rebuilding and reconfiguring of server software may, at CSA's sole discretion, be chargeable at CSA's then published hou
<br /> Professional Services rates with minimum charges for service time,including travel and on-site wait time.
<br /> 22.0 LICENSE FEE.The license for the various Software products listed herein is covered by a one time license fee for these products. In order to recei
<br /> updates,fixes and enhancements(maintenance)for the Software products, Customer must continue to pay the maintenance fee which is identified on t m
<br /> face of the Customer Agreement next to the Software as"Service Charge". If Customer discontinues paying the maintenance fee,Customer will not recei' c
<br /> maintenance, however, Customer is permitted to use the Software solely with the Product(s)and"as is"with no obligation on the part of CSA with respt
<br /> to such use or maintenance, subject to the terms and conditions herein including those restricting the assignability of Software. With respect to third pal y
<br /> software,CSA is a reseller of such software. Customer's license for such third party software is granted from the third party software provider and the terr .E
<br /> of the license agreement that comes with that software must be referenced for updates,fixes and enhancements. c
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<br /> Professional Services Terms vto 23.0 All Professional Services provided hereunder shall be set forth on the Customer Agreement Addendum. A statement of work ("Statement
<br /> Work") shall be signed by Customer prior to commencement of any Professional Services. The Statement of Work shall include the completion date `
<br /> applicable), total cost, a description of the work to be performed, acceptance criteria (if applicable) and maintenance charges (if applicable). All we d
<br /> product created under a Professional Services statement of work and all ideas, improvements, know-how, discoveries, and techniques including withc C
<br /> limitation,computer programs, routines and code, developed in connection with Professional Services shall be owned by CSA. CSA grants to Customer >,
<br /> personal, non-exclusive, non-transferable royalty-free limited license to use such work product in the United States solely for internal use and solely
<br /> conjunction with the Equipment identified in the Customer Agreement Addendum.
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<br /> Educational Services Terms
<br /> 24.0 All Educational Services shall be set forth on the Customer Agreement Addendum. The following terns are only applicable if Educational Services
<br /> purchased and apply to any and all Educational Services purchased hereunder:
<br /> a. Educational Services are offered to Customer by CSA in the form of training sessions and are provided during CSA's standard business hours(Monday throu
<br /> Friday excluding CSA recognized holidays-8:00 AM to 5:00 PM local time)unless Customer purchases after hour on-site training at additional cost. Traini
<br /> may take place at an CSA central training facility or at Customer's site as determined by CSA and Customer. Each training session is a one-time event or a or
<br /> time visit.Customers are charged separately for each training session. The composition and duration of each training session is detennined solely at CS/
<br /> discretion.
<br /> Customer Agreement Terms and Conditions Form#USA9500 rev 12/18/12
<br /> I Packet Pg.92 I
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