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~ MAINTENANCE PROVISIONS 8. Termination of License and/or Maintenance 8.1 Definition 8.2 Termination by Customer 8.3 Termination by BindView 8.4 Actions After Termination 8.5 No Waiver of Other Rights a) The phrase "termination of this Agreement" or "termination of the license agreement" in respect of an Order Form refers to termination (i) of a License granted to you under such Order Form and with it your right to use the Software in question, and (ij) if you are then a maintenance subscriber, of your maintenance subscription for such Software and with it your rights as a maintenance sub- scriber. See also Section 8.2 concerning refunds and/or payments after termination. b) For the avoidance of doubt, termination of maintenance does not mean that the associated License is terminated unless otherwise agreed in writing. In respect of any Order Form, you may terminate this Agreement and/or your maintenance subscrip- tion at any time, with or without cause, by v.rritten notice to us.~8 If you do either, you may obtain a refund of your license fee and/or maintenance fee, or decline to pay unpaid amounts due under such Order Form, only to the extent provided in the warranty- and maintenance provisions of this Agree- ment. For the avoidance of doubt, termination of such Order Form or of this Agreement does not terminate your obligation to make payments of amounts set forth in such Order Fonn except as re- ferred to in the previous sentence. We may tenninate this Agreement only if you materially breach the terms thereof and such breach continues for 30 days after written notice of breach . If, in respect to any Order Form, this Agreement is terminated for any reason, then, subject to Sec. tion 8.5, you will promptly (1) stop using the Sofuvare in question, and (2) destroy all copies of such Software in your possession or control (system-backup copies of such Software may be deleted in accordance with your normal procedures for periodic re-use of system-backup media). Termination of this Agreement by either party in connection with a breach of this Agreement by the other party shall be without prejudice to any other available rights or remedies (but in any case sub- ject to the applicable warranty- and remedy-limitation provisions of this Agreement) in respect of such breach. (Continued on next page) /8 SectiOfI 8.2: Inasmuch as you can terminate at any time without cause, this Agreement does not include the usual provisions for termination in case of breach, insolvency. etc. BINOVIEW CUSTOMER AGREEMENT 95-3172 PAGE 12