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END-USER MAINTENANCE AGREEMENT

CUSTOMER NAME: ADDRESS: COMMENCEMENT DATE: RENEWAL DATE: TERM OF AGREEMENT:

EQUIPMENT: This agreement is entered into between the ____ and ______.
1. Term. This Agreement is in effect on the date of signature by both Parties (the "Effective Date") and will be valid for the period specified in Table One following the initial one-year support period. 2. Malfunction Correction. ___ agrees to correct all Malfunctions in or with ___ that are documented and reported by the Customer. ___ shall acknowledge receipt of a support request from Customer within 60 minutes. ___ will make every effort to repair problems remotely. The Customer agrees to allow ___ technicians full network access to the ___ from a remote location. At its discretion, ___ may send a replacement unit by overnight delivery service. 3. Updates. ___ may from time to time issue Enhancements, Releases and Database Updates to improve the functionality and usefulness of the ___. Pursuant to this Agreement, Customer will receive at no charge all Updates to the Software issued by ___ during the term of the Agreement. Such Updates will be distributed to the Customer periodically. Customer acknowledges that such releases shall not include versions of the Software issued by ___ for other p___forms or supporting software. 4. Installment of New Releases. Customer agrees to install the ___ Upgrade to the Software as soon as practical after it has been made available to Customer. If an Upgrade is not installed and put into Operation by Customer within 12 months after ___ has made it available to Customer, and then ___ will have no further obligation to provide support on those parts of the Software updated by such Upgrade. 5. Limitation of Liability. ___'s liability is to its Customer and its officers and employees for any claim arising under this Agreement. 6. Limitations of Use: This agreement may be terminated for reasons that include, but are not limited to, the following: 1.) Unauthorized modifications to either hardware or software of the system, 2.) Use of the system in a manner inconsistent with the Purpose; 7. No Consequential Damages. IN NO EVENT SHALL ___ BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF ___ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Agreement to be executed by their respective duly authorized representatives as of the Effective Date. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed: CLIENT By:__________________________________________ Title:_________________________________________ Date:_______________________________ CUSTOMER By: Title: ________________________________________ Date:_______________________________

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