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. MAINTENANCE PROVISIONS Maintenance Provisions (Not applicable to consulting services or BindView Policy Operations Center except as may be otherwise indicated) 6. Maintenance Support 6.1 Applicability 6.2 Updates and tech support 6.4 Support for superseded or discontinued versions 6.5 Lists of supported versions You are entitled to the maintenance support set forth in this Agreement if and while you are a main- tenance subscriber as to the Software. Unless otherwise specified in this Agreement, you will con~ tinue to be licensed to use the Software under your applicable License even if you allow your main- tenance subscription to expire a) Your maintenance subscription includes the following benefits: (1) telephone support in accor- dance with our Tech Support Commitment; (2) all Upgrades; and (3) irthe Software fails to perfonn materially in accordance with its Documentation, the Software Perfonnance Remedies set forth in Section 5. b) From time to time, our Web site (or other material that we publish or provide) may indicate that we provide greater support than set forth in this Agreement or in an Order Fonn. We will provide such greater support solely as a matter of business practice; we reserve the right to reduce or other- wise change such greater support without notice in our discretion. However, if an applicable Order Fonn provides for you to receive a certain level of support throughout your maintenance subscrip- tion, the Order Fonn will take precedence. We will provided maintenance support for superseded or discontinued versions of the Software for at least the following time periods (see also the notes below): IF: THEN: a) We release a superseding version of an item of Software We will support the superseded version(s) for 12 months after the date on which we make the supersed. ing version generally available for licensing [Note 1J We wi1\ support the discontinued item for 12 months after discontinuation [Notes 1,2J b) We cease making an item of Soft- ware generally available for licensing Note 1: Ifwe discontinue maintenance support for an item or version of Software, then upon your written request, and where practicable, we will attempt to provide maintenance support for such item or version on an as-needed basis. We will provide such support subject to factors such as the availability of BindView personnel who are appropriately knowledgeable. We cannot assure you that we will be able to provide such support, and we reserve the right to charge a mutually-agreed additional fee for such support1P Note 2: lfwe discontinue maintenance support for a Software product that is no longer generally available for licensing, then (i) we will give you at least three months' prior written notice before dis. continuing your maintenance support for such Software. and (ii) if your then-current maintenance pe- riod for the Software has not expired as of the time we discontinue your maintenance support, then at your written request, we will refund a pro-rated amount of your maintenance fee for the discontinued Software for the then-current maintenance period, pro-rated on a monthly basis as of the effective date that we discontinue your maintenance support. If you so request in writing, no more than once per year in the absence of good cause, we will pro- vide yOll a list of the versions of the Software that are available for licensing and eligible for mainte- nance support. 16 Section 6.4: Our business processes are set up to provide supponfor superseded versions of our softl}'are as described above. BINDVIEW CUSTOMER AGREEMENT 95-3172 PAGE 10