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NEOGOW
<br />(e) Customer Eeuioment. Other than the Services provided by NEOGOV, Customer is responsible for
<br />all other services, equipment and facilities (including, without limitation, all hardware, telecommunications
<br />equipment, connectivity, cabling and software) required to access the Services. Customer shall be responsible for
<br />procuring all licenses of third party software necessary for Customer's use of the Services.
<br />3. Maintenance and Support Services.
<br />(a) Maintenance. NEOGOV maintains NEOGOV's hardware/software infrastructure for the Services
<br />and is responsible for maintaining the NEOGOV server operation, software delivery, and security for the Services.
<br />Preventive system maintenance is conducted by NEOGOV from time to time and is addressed in a variety of methods
<br />including scalable architecture and infrastructure, log checking, performance maintenance, and other preventative
<br />tasks. Customer is not responsible for NEOGOV system maintenance.
<br />(b) Modification. NEOGOV may periodically modify the features, components and functionality of
<br />the Services. NEOGOV shall have no liability for, or any obligations to, investments in ormodifications to Customer's
<br />hardware, systems or other software which may be necessary to use or access the Services due to a modification of
<br />the Services provided by NEOGOV.
<br />(c) Support. Phone support for the Services is available to Customer between the hours of 6:OOAM and
<br />6:OOPM, Los Angeles Time, Monday through Friday, excluding NEOGOV holidays. Online support for the Services
<br />is available 24 hours a day, seven days a week. Both phone and online case receipts are confirmed immediately. The
<br />length of time for a resolution of any problem is fully dependent on the type of case (i.e., High/Medium/Low priority,
<br />question, enhancement request). High priority issues such as "system down" will be addressed immediately and
<br />resolved as soon as possible. All other issues are reviewed internally by NEOGOV, and then will be discussed and
<br />reviewed with Customer to identify priority and a resolution timeline.
<br />(d) Updates and Uogrades. During the Term, NEOGOV will make all Updates and Upgrades to the
<br />Services accessible to Customer at no additional expense to Customer. Upgrades are automatic and available upon
<br />Customer's next login to the Services following an Update or Upgrade. NEOGOV shall have no obligation to provide,
<br />at no additional expense to Customer, major product enhancements and/or new features that NEOGOV markets
<br />separately to other customers for an additional fee; provided, that, NEOGOV may, in its sole discretion, elect to
<br />provide such enhancements or features to Customer on a case-by-case basis at no cost. NEOGOV shall have no
<br />liability for, or any obligations to, investments in or modifications to in Customer's hardware, systems or other
<br />software which may be necessary to use or access the Services due to an Update or Upgrade. For the purposes hereof,
<br />(i) "Update" means any update, bug fix, patch or correction of the Services or underlying NEOGOV software that
<br />NEOGOV makes generally available to its third -party customers of the same module, excluding Upgrades, and (ii)
<br />"Up rg ade" means any update of the Services or underlying NEOGOV software such as bug fixes, platform updates,
<br />and major product enhancements and/or new features that NEOGOV makes commercially available and does not
<br />market separately to other customers on a custom, exclusive basis for a separate fee.
<br />(e) Training. NEOGOV will provide Customer with access to the online training materials. All
<br />NEOGOV provided training materials will be provided online, unless otherwise set forth in the Order Form.
<br />(t) Limitations. This Agreement does not obligate NEOGOV to render any maintenance or support
<br />services that are not expressly required to be provided by NEOGOV in this Agreement, including, but not limited to,
<br />training, data conversion, and program modification and enhancement.
<br />4. Ownership and Protection.
<br />(a) Customer Data. As between NEOGOV and Customer, Customer shall exclusively own all right,
<br />title and interest in and to all Customer Data and all intellectual property and proprietary rights anywhere in the world
<br />("Proprietary Rights") therein. Other than as set forth in Section 4(c), NEOGOV shall (i) acquire no rights in any
<br />Customer Data, and (ii) process Customer Data only to provide the Services or as otherwise instructed by Customer,
<br />or as may be required or permitted by applicable law.
<br />NEOGOV
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