STRATUS TECHNOLOGIES IRELAND, LTD. -2005

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3.12. Ensure that (1) all software installed on the Covered System(s) is properly licensed for use; (2) all non-supported hardware and software products are compatible with the Stratus-supported hardware and software and are fully year-2000 compliant; and (3) all Covered System(s) are adequately protected against computer viruses. 3.13.Instal] all Software product updates and upgrades as made available. 3.14. Maintain and operate Covered Systems in a fully redundant mode of operation at all times. 4. Payment: You agree to pay all amounts within thirty (30) days of your receipt of Stratus' invoice. You also agree to pay an amount equal to any applicable taxes resulting from any transaction under this Agreement that Stratus is obligated to pay on your behalf, except that you will not be liable for taxes based on Stratus' net income.. Prepaid service fees are non-refundable in the event of any termination of this Agreement unless due to Stratus' uncured material breach. 5. Remote System Suoaort and Monitorine of Covered Systems is provided on a 7x24 basis through the ASN and the Stratus CAC and includes one or more of the following: 5.1. Automatic hazdware problem notification. The Covered System will automatically generate a call to Stratus CAC notifying us of a hardwaze failure; 5.2. Automatic parts replacement: Stratus' CAC will disburse a part replacement based on the Covered System's automatically generated calls; 5.3. An initial telephone call back by Stratus' CAC following receipt of an automatically generated call. Call backs will be made during our business hours and within the applicable time period for you Service Option as set forth in the table below; 5.4. Access to Softwaze downloads, uploads and on-line diagnostic routines; and 5.5. Auto notification initiated by the Covered System relating to software installations and system reboots. 6. Telephone and Active Service Mana er (ASM) Suoaort: Softwaze updates and patches as well as information and assistance related to product features, configuration, setup, administration, and problem diagnosis for your Covered System may be obtained via telephone or intemet access to the CAC during the coverage hours for your Service Option(s) as listed in the table below. Hardware Remedial Services: Depending upon the Service Option(s) purchased, Stratus will provide one or more of the following: 7.1. Advanced Parts Exchange: We will use commercially reasonable efforts to provide same business day, pre-paid shipment of a replacement part for an automatic or telephone call-in parts request that is received before 5:00 P.M local Stratus time. Restrictions may apply in certain countries. Replacement part shipments will include shipping material and apre-paid freight bill for return of the defective part. You must return the defective part to us within 14 calendar days from the date of the parts request, otherwise you will be billed and must pay us the Stratus list price for the replacement part(s) shipped. Stratus assumes all risk of loss or damage to parts that aze in transit to and, provided you properly packed them for transportation, from your location. 7.2. Co-active Support for CRUs: Parts designated as CRUs will not be repaired on-site. You must remove and install CRUs under the remote direction of the Stratus CAC, or our Customer Engineer or Authorized Service Representative. A listing of CRUs for your Covered System can be found on the Stratus Website at http://www.stratus.com. 7.3.On-Site Hardware Services: Stratus will provide on-site hardware support only under the following circumstances: 7.3.1. FRU Replacement: We will replace defective FRUs on-site on a schedule basis during local business hours. 7.3.2. Same Day Emergency On-Site Services: We will provide same day emergency on-site service if the Covered System experiences a Critical problem and cannot be restored to operational status through remote support means. 7.3.3. Next Business Day On-Site Services: We will provide next business day on-site service if the Covered System experiences a Serious problem and cannot be restored to operational status through remote service means. 7.3.4. Our obligation to provide On-Site Hardware Services is subject to the following conditions: