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APPENDIX B — Maintenance, Technical Support <br />1) Product Maintenance. On an as -available basis, Questica will provide enhancements, modifications <br />or upgrades to the Software as Questica may from time to time make available to its Licensees <br />generally ("Updates") but excluding any New Product (a "New Product" being a solution which, in <br />Questica's determination and subject to general industry standards, does not replace the Software <br />licensed hereunder.) Updates do not include: <br />A) Platform extensions including product extensions to (i) different hardware platforms; (ii) <br />different windowing system platforms; (iii) different operating system platforms <br />B) New applications <br />C) Services associated with the application or installation of Updates <br />Installation of Updates is the responsibility of the Licensee. If requested, Questica will assist with the <br />installation of Updates at its then current rates, including the testing of any site -specific customizations. <br />Questica will provide a quote for any required rework associated with customizations resulting from <br />the upgrade. <br />2) Technical Support Services. Comprehensive Phone and e-mail based Technical Support of a <br />reasonable nature. A technical support incident or problem is a single user defined problem seeking <br />resolution. It must be related to the original intent and design of the software. Support Services <br />include the support of Questica supplied integrations that have not been modified by the Licensee. <br />Each support incident is deemed closed when a remedy, workaround, or recommendation for the <br />installation of a current maintenance release has been offered, and a commercially reasonable effort <br />has been made to restore operation to the original intent and design of the software. Technical <br />Support does not include: <br />A) Custom Programming Services. <br />B) On -site support. <br />C) Software Installation or re -installation. <br />D) Update Installation, or data and report updates required to support Updates. <br />E) Licensee developed interfaces, API interactions, or customizations. <br />F) Licensee developed reports. <br />G) End -User Training or Re -Training. <br />H) Licensee Hardware Issues. <br />1) Correction of data issues derived from user error or product misuse. <br />J) Changes to Questica developed custom reports or product customizations (including <br />Questica supplied custom business rules or customized user screens) that are outside the <br />scope of the accepted specification, scope of work, or authorized change requests. <br />K) Corrections to Questica developed custom reports or customizations beyond six months <br />from the date of delivery. (the upgrade protection period) <br />L) Changes to integration functionality made necessary due to licensee server <br />modifications/replacement, or changes by upgrades or changes to the integrated <br />financial system software or hardware. <br />Questica may at its sole discretion, periodically make reasonable modifications or changes to the Technical <br />Support Services and/or Product Maintenance Services and/or Hosting Services provided. <br />141Page <br />