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<br />JUN-20-200l 08:37 <br /> <br />DATA GENEKAl <br /> <br />5. REPLACEMENT PARTS <br />Parts removed for repI~cement shall be DG's <br />property. Replacement pans supplied by DG for <br />installation on Customer-owned Equipment shall <br />be Cnstomer's property. Replacement par!3 shall <br />be new or functionally equivalent to new. DG <br />shall have the right, witll reaSOnable notice, to <br />modify SUPported Equipment to improve its <br />operation and reliability, or to meet legal <br />requirements. Such wor1<; shall be performed ar <br />DG's expense in a manner that does not <br />unreasonably disturb Customer's operations. <br /> <br />6. CUSTOMER RESPONSIBILITIES <br />A.. Where On-Line Remore Assistance is <br />parr of the Support Service, Customer shall meet <br />DG's requirements for such service, including a <br />designared telephone,line capable of supporting <br />voice and data, and a wall jack which supports a <br />RJlI modem/phone line connection, and shall <br />make them available as needed for remote diag- <br />nosis and correction. Customer's failure to en~ble <br />machine-initiated functions (on Systems equipped <br />witll that feature) and remotc diagnosis and <br />correction shall be subject to a surcharge of <br />twenty percent (20%) of rhe monthly charges for <br />the affected Schedules. Customer sball also <br />permit On-line storage of bG diagnostic programs <br />and PC-LAN remote access software, supply DG <br />with user paSswords as needed for system access, <br />and comply with bG requests to load diagnostic <br />program media. <br /> <br />B. Customer agrees to kcep Supported <br />Software and microcode at DG-prescribed revision <br />levels. Unless otherwise agreed, all updates <br />and/or revisions to Supported Software must be <br />installed on the supported System Within one <br />hundred eighty (180) days after tlley become <br />generally available. Cnstomer also agrees to <br />retain a back-up copy of the previous version of <br />the Supported Software. <br /> <br />C. When SuppOrt Service is provided at the <br />Cnstomer site, Customer shall provide, at no <br />charge, secure storage space, scratch media <br />(including spare tapes and disk packs), paper and <br />other miscellaneous supplies, a designated work <br />area, and access to a telephone. Customer's <br />represemative shaH be available on site while tlle <br />DG representative is present. <br /> <br />D. The use and copying of any and all <br />updates. changes, revisions, patches, data and <br />documentation furnished by DG in connection <br />with Supported Software shall be govetIled by the <br />terms and conditions of the relcvant program <br /> <br />Master Sappon Agr=nenr <br /> <br />508 225 4836 P.02 <br /> <br />license agreement and this Agreement. <br /> <br />E. Customer is solely responsible for <br />backing up its programs and data, and for system <br />recovety following remedial activity by DG on <br />Supportcd Eqnipment, from back-up tapes of <br />software, microcode and data made and retained <br />by Customer. <br /> <br />7, PROPRIETARY ITEMS <br />DG may install diagnostic and maintenance <br />programs, and related software and documentation <br />uscful for the performance of this Agreement at <br />any Installation Location. Such "Proprietary <br />Items' and all updates and additions thereto shall <br />remain the exclusive property of DG Or its <br />snppliers. Customer agrees (i) not to copy <br />Proprietary Items in whole or in part; (ii) not to <br />disclose or use Proprietary Items or make them <br />available to any person except as expressly <br />authorized by DO in the course of maintaining the <br />Systems for which the materials were provided; <br />(jji) upon DG's request or upon the termination of <br />tllis Agreement, to surrender all snch materials to <br />DG and at DG's request to destroy all such soft- <br />warc and dOCumentation and certify to DG in <br />writing that all copies thereof have heen returned <br />or dostroyed. A copyright notice on any Proprie- <br />tary Item does not constitute OJ evidence a <br />pUblication or public disclosure. <br /> <br />8. INSTALLATION PREPARATION <br />At Customer's expense, Customer shall <br />prepare each Installation Location according to <br />DG site specifications and unpack and position <br />Supported Equipment to be installed by DG. <br /> <br />9. MOVElI-IENT OF INSTALLATION <br />If Supported Equipment is relocated to a site <br />within the USA where DG offers the same lIlodes <br />and levels of Support Service, Cnstomer shall <br />notify DG in writing at least thirty (30) days <br />before the Supported Equipmeut is dismantled. If <br />Cnstomer engages DO to perform tlle move, DG <br />will suspend its charges upon de-installation aud <br />resume service and charges fallowing re-installa- <br />tion at the new location. Otherwise, coverage <br />shall cease when the equipment is dismantled, and <br />shall resume only if DG's inspection at the new <br />location confinns a successful re-installation. <br />Any services requested by CUstomer to correct <br />problems resulting from a move not performed by <br />DG shall be invoiced at DG's time and materials <br />rates in effect when the service is performed. <br /> <br />10. CONFICURA nON CHANGES <br />A. Every DG hardware device which <br /> <br />R..-v. 06/00 <br />