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~ . , TECH SUPPORT COMMITMENT (94.3466) Severity-Level Responsiveness Commitment If you contact us about a technical issue concerning OUT software, please work with our technical support represen- tative to determine whether the issue is Severity 1,2,3, or 4. We will respond, and we will subsequently keep you updated about our progress, as set forth in the following table and its accompanying notes. Standard Support Premium- or TAM Support Severit), Contact Targeted Initial Targeted Initial Level [IJ Method Response Time [2] Follow-Up Efforts [3J Response Time [2] Follow-Up Efforts [3] I - Critical Phone I business hour High priority 12 x 5 1/2 hour High priority 24 x 7; updates every 4 hours upon req uest. 2 - High Phone 4 business hours High priority 12 x 5 2 business hours High priority 12 x 5; updates every business day upon request 3 - Medium E-mail, Web, B business hours Regular priority 12 x 5 4 business hours Regular priority 12 x 5 or phone 4-Low E-mail, Web, 8 business hours Regularpriority 12 x 5 4 business hours Regular priority 12 x 5 or phone Notes [I J Severity levels are defined as follows Severttv Level J A system, server or major application is down or seriously affected, or data is lost or corrupted, and there is no reasonable workaround. Severttv Level 2 A system, server, or application is impaired, affecting your business productivity. There is no workaround currently available, or the workaround is cumber- some to use. SeveriN Level 3 A non-critical, limited problem. It does not hinder operation or itcan be temporarily cir. cumvented or avoided, or there is an available workaround. SeveriN Level 4 Non.critical problems or general questions. [2] "Targeted initial response" is the length oftime for a BindView technical support representative to acknowledge your initial request for service. To be eligible for specified Severity-Level handling, your initial notification to us must be by the corre- sponding contact methodes) listed in the table. [3] For our follow-up efforts, we will in each case make commercially reasonable efforts to provide you with a correction or workaround to solve your problem or reduce its Severity Level, taking into account the information you provide to us about the importance and urgency of the issue to you as well as our other resource commitments at the time in question. Our commitment to such efforts is predicated on your making appropriate employees or contractors available at your site to work with our technical support representative(s) and on your using corresponding efforts to provide us with diagnostic and test information as we request; during any period of time that you are unable to do so, we reserve the right to treat your is- sue as having a lower Severity Level. As used above, "24 x 7" means 24 hours per day, 7 days per week, and "12 x 5" means our normal (Houston) tech-support working hours, twelve hours per day, five days per week except holidays. BINDVIEW CUSTOMER AGREEMENT 95-3172 PAGE 39