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Premium Service may not be available for all software products. 3.2 Advantage Service Advantage service includes the following 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-line self-help tool. (c) The ability to perform Web queries, submit updates, and obtain status of service requests 24 hours per day, 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 problem !bat cannot be broken down into subordinate problems. 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 SOFIWARE MAINTENANCE 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 INTERGRAPH WARRANTS FOR A PERIOD OF TIDRTY (30) CALENDAR DAYS FROM THE DATE OF SIUPMENT THAT SOFIWARE DELIVERY MEDIA SHAlL BE FREE FROM DEFECf IN MATERIAL OR WORKMANSIUP. INTERGRAPH DOES NOT WARRANT THAT THE SOFIWARE WILL MEET CUSTOMER'S REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES INTERGRAPH WARRANT THAT THE SOFIWARE WILL OPERATE UNINTERRUPTED OR ERROR FREE. INTERGRAPH'S ENTIRE LIABILITY UNDER TIllS WARRANTY AND CUSTOMER'S EXCLUSIVE REMEDY SHALL BE AT INTERGRAPH'S SOLE AND ABSOLUTE DISCRETION, (1) EITHER THE REPAIR OR REPLACEMENT OF ANY SOFIW ARE ITEM THAT DOES NOT MEET THE RESPECfIVE WARRANTIES GIVEN ABOVE OR (2) A REFUND OF THE CHARGES FOR THE WARRANTED ITEM. THE FOREGOING WARRANTIES 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 MISUSE OF A WARRANTED ITEM, INCLUDING WITHOUT LIMITATION USE OF WARRANTED ITEM UNDER ABNORMAL OPERATING CONDmONS 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 EXPRESS OR IMPLIED. INTERGRAPH DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO SOFIWARE OR SERVICES SUPPLIED HEREUNDER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE. 7.0 LIMITATION OF LIABILITY INTERGRAPH SHAlL NOT BE LIABLE FOR ANY INDIRECf, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNmVE, OR DIRECT DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH THE FOREGOING WARRANTIES, OR THE PERFORMANCE OF TIllS CONTRACf, INCLUDING BUT NOT LIM1TED TO LOSS OF REVENUE OR PROFIT, OR LOSS OR CORRUPTION OF DATA. IN NO EVENT SHALL INTERGRAPH BE RESPONSffiLE FOR DAMAGES IN EXCESS OF THE AMOUNT DUE AND PAYABLE, OR OTHERWISE OUTSTANDING, 2