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Prennium Service may not be available for all software products. 3.2 Advantage Service Advantage service includes the followirng coverage: (a) Unlimited support via help Desk (standard business hours) or Web. (b) Twenty-four-hour-per-day/seven-days-per-week access to problem Knowledge Base, an on -Tune self-help tool. (c) The ability to perform Web queries, subrr it updates, and obtain status of service requests 24 hours per clay, 7 days per week. Advantage Service does not provide the Customer with upgrades or new releases to any software. Advantage Service may not be available on all software products. 3.3 Incident Service Incident service is defined as phone support for the number of incidents purchased or one year, whichever comes first. The Customer can purchase additional incident packs at any time. An "incident" is a problern that cannot be broken down into subordinate problem. For a request with subordinate problems, each problem is considered a separate incident, and therefore must be submitted as a separate support request, Determination of what constitutes a separate incident will be at Intergraph's discretion, Incident service does not provide the Customer with upgrades to any software. Incident service may not be available for all software products. 4.0 LAPSE IN SOFTWARE MAiN T ENANCF. COVERAGE Software reinstatement fees will be applicable if there is a lapse in maintenance service. Intergraph will provide a quotation upon request. 5.0 WARRANTIES IlVTERGRAPII WARRANTS FOR A PERIOD OF THIRTY (30) CALENDAR DAYS FROM THE DATE OF SHITMENT THAT SOFT WARE DELIVERY MEDIA SHALL BE FREE FROM DEFECT IN MATERIAL OR WORICVIANSHIP. INTERGRAPH DOES NOT WARRANT TkIAT THE SOFTWARE WILL MEET CUSTOMER'S REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES INTERGRAPH WARRANT THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR FREE. INTERGRAPH'S ENTIRE LIABILITY UNDER TIRE WARRANTY AND CUSTOMER'S EXCLUSIVE REMEDY SIIALL BE AT INTERGRAPH'S SOLE AND ABSOLUTE DISCRETION, (1) EITHER TfJE, REPAIR OR REPLACEMENT OF ANY SOFTWARE ITEM THAT DOES NOT MEET THE RE sPECTIVE WARRANTIES GIVEN ABOVE; OR (2) A REFUND OF THE CHARGES FOR THE WARRANTED ITEM, THE FOREGOING WARRAINIT S ARE VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN UNAUTHORIZED MODIFICATION OF A WARRANTED ITEM; AN UNAUTHORIZED ATTEMPT TO REPAIR A WARRANTED ITEM; OR iVHSUSE OF A WA13.RANTED ITEM, INCLUDING WITHOUT LIIVIITATION USE OF WARRANTED ITEM UNDER A13NORN AL OPERATING CONDITIONS OR WITHOUT ROUTINELY MAINTAINING A WARRANTED ITEM. CUSTOMER SHALL PROMPTLY NOTIFY INTERGRAPH OF ANY SUSPECTED DEFECTS IN SOFTWARE DELIVERY MEDIA. 6.0 DISCLAIMER THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EMPRESS OR IMPLIED. INTERGRAPH DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO SOFTWARE OR SERVICES SUPPLIED HEREUNDER, IN(."LUD rNG ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A P.,iRTICULAR PURPOSE. 7.0 LIMITATION OF LIABILITY INTERGRAPH SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR DIRECT DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH THE FOREGOING WARRANTIES, OR THE PERFORMANCE OF THIS CONTRACT, INCLUDING BUT NOT LEVTITF,D TO LOSS OF REVENUE OR PROFIT, OR LOSS OR CORRUPTION OF DATA. IN NO EVENT SHALL INTERGRAPH BE RESPONSIBLE FOR DAMAGES IN EXCESS OF TIE AMOUNT DUE AND PAYABLE, OR OTHERWISE OUTSTANDING, I